Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-02
An INTERESTING QUESTION.
How a Diplomats Son. Although Born In
This Country, Can Bec6me a Citiren.

How Diplomats Son. Although Born In
This Country, Can Become a Citiren.
A diplomatic incident of special local inter
est occurred nearly year ago, but has just
been made public through the publication Of
the diplomatic correspondence Of the State De-
partment.
The story is told In two letters, the first from
Mr.. F. d. Grant, United States minister 20
Austria, 20 the Secretary of State and Acting
Secretary Wharton's response thereto.
Mr. Grant said: 'Sir-I have the honor to
request information upon the following subject
On The 18th OF September. 1869. in Washing
ton. ID. C.. there was born TO Mr.. and Mrs.
Mszel q son. Mr.. Mazel at the time the
minister OF the Netherland to tire United States.
His wife Was an American citizen. After
the birth OF the son in Question the
Mazel family continued 20 reside in the
United States until the middle of july.
1871, when they came abroad. and have subse-
quently lived at Stockholm. 81. Petersburg and
Vienna at each Of which capitals Mr.. Mazel
represented his government and is now the
minister of the Netherlands TO the court OF
Austria Hungary.
During all this time young Mr.. Mazel has
been either with his parents or has been placed
by them at institutions of learning in different
cities He is now twenty-one years OF age. and,
while he has never committed any overt
act-by paying taxes or by exercising the right
Of suffrage-tending TO confirm his allegiance
to the kingdom OF the Netherlands, to which he
was born a subject, he has also never since 1871
returned to the United States
1t is now young Mr.. Mazel's wish, in which
he has the cordial acquiesence of his parents.
TO go TO the United States and to become a
citizen thereof. and the question arises. there
fore, what formAlities will be necessary for him
to observe in order to acquire the said desired
citizenship. Will the law and the regulations
governing such matters be satisfied and COM
piled with il Young Mr.. Mazel appears before a
competent court in the United States. reaounces
his allegiance to HE sovereign, the Queen of the
Netherlands. declares it to be his wish and
purpose TO be admitted to citizenship in the
United States. and gives evidence OF his birth
in Washington, ID. C.. and that he is twenty
one years of age? In other words would he.
under the circumstances. be at once admitted
to citizenship of the United States, or would it
be necessary for him to comply with the statute
governing naturalization?
/ have not been able to find for nv guidance
a case in Wharton's International Law Digest
(sections Is3-ls5) exactly covering the circum-
be glad to have the departments ruling in the
matter.
have etc.
Mr.. Wharton. who was acting secretary of
state at the time, responded as follows:
Sir: have to acknowledge the receipt of
the case of Mr.. Mazel, who was born in this
city on September IL, 1869. and who is con-
sequently now nearly twenty-five wears of
age. At the time of his birth his father was
the minister of the Netherlands at this capital
and had married an American woman. In
1871 the family removed to Europe. and they
have successiyely resided in Stockholm. st.
Petersburg and Vienna, at each of which
places Mr.. Mazel, ST.. has served
his government in a diplomatic capacity.
ou state that il Is now young Mr.. MaZels wish
to come to this country and be a citizen thereof.
and you inquire whether in view of his birth in
the United States. he can claim citizenship here
without awaiting the lapse of period of five
years and performing the ordinary conditions
of naturalization.
The department is of opinion that Mr. Mazel
can enjoy the privileges of citizenship in the
United States only after naturalization in the
ordinary wav. Section 1892 of the Revised
Statutes of the United States reads as follows:
All persons born in the United States and
not subject TO any foreign power are
declared TO be citizens OF the United States.
There has been not little diversity of
opinion as to the scope to be given to the words
section just quoted, but it does not
appear ever to have been doubted
that the child of diplomatic Of
fcer came within the class whose birth in the
United States did not warrant a claim TO citi-
zenship. In this relation it is proper TO refer
TO the case of Mckay agt. Campbell. 9 Sawyer,
lie. in which 1t is stated that the children of
ambassador" form an exception to the rule as
to persons being born in the allegience of
sovereign who are born on his soil.
1t is not thought that the fact of Mr.. MaZel
having married an American woman affects the
case, since legitimate children follow the status
of their father. l am, &c.