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\ I
THE AMERICAN PASSPORT
IXS Duzpi' c< S/^^e.
THE AMERICAN PASSPORT
ITS HISTORY
AND A
DIGEST OF LAWS, RULINGS, AND REGULATIONS
GOVERNING ITS ISSUANCE BY THE
DEPARTMENT OF STATE
UBHARY OF THt
UUHD STANFOBO, JR., UHlVEiniTt
LA* DCPARTMEMT.
WASHINGTON
GOVERNMENT. PRINTING OFFICE
1898
'dl.^Z'^'
The Honorable John Sherman^
Secretary of State.
Sir: I have the honor to submit an historical sketch of the
American passport and a digest of the laws^ rulings^ and regula-
tions governing its issuance by, the Department of State.
I am. Sir,
Your obedient servant,
Gaillard Hunt,
Passport Clerk.
Department of State,
Passport Division, December 27, i8gj.
Ordered to be printed.
John Sherman,
Secretary of State.
TABLE OF CONTENTS.
PART I.
CHAPTER I.
DEFINITION OF THE AMERICAN PASSPORT.
PAGE.
Definition in international law, i
Real nature of the document, 2
Dana's Wheaton quoted, 5
The visa, 6
CHAPTER II.
THE SPECIAL PASSPORT.
Double purpose of, 7
To foreign diplomatic representatives, 7
To distinguished foreigners, 7
Military passes, 8
Form given to bearers of dispatches, 8
a female, • 8
an American minister, 9
travelers, lo
explorer, lo
a foreign minister, I2
one who has made a "declaration of intention," . I2
foreign travelers, 13
a student, 14
free persons of color, 15
showing introductory features, 18
for family of a foreign minister, 20
given during civil war, 21
a dismissed foreign minister, 23
Number issued since Seward's administration, 24
■ •
Vll
viii Table af Contents.
PAGE.
No fee charged until Sherman's administration, 24
Solicitor's opinion, 24
Passport Division's memorandum, 25
Olney's informal decision, 25
Sherman's decision, 31
To Army and Navy officers, 33
CHAPTER III.
PASSPORTS ISSUED BY OTHER THAN FEDERAL AUTHORITY.
Treaty of 1778 with France, 36
Violation of safe-conduct, penalty for, 36
Permission to leave this country in 1815, 36
Supreme Court's opinion, 37
Passports issued by municipal or State authority, 37
form of, from governor of Connecticut, . , 37
' a notary public, 38
governor of Louisiana, 39
Illegal documents in the nature of passports, 41
Naturalization certificate as a passport, 42
CHAPTER IV.
EVIDENCE REQUIRED BEFORE ISSUING PASSPORTS AND PASSPORT
REGULATIONS.
Evidence of citizenship required, 43
Department notice of 1845, 43
1853. 43
Issuance to persons not citizens, 44
Nature of proof of citizenship, 44
Form of application in 1830, 45
1867, 49
1888, 64
Circular of 1845 46
1846, .47
general instructions, 1873, 54
1879 57
1882, 58
Table of Contents, ix
PAGE.
Circular of general instructions, 1888, 59
1889, 59
Regulations during the civil war 49
Rules governing applications for passports, 1896, 59
Blanks in use, 64
CHAPTER V.
OATH OF ALLEGIANCE.
When first required, 69
Form of oath, 69
Modifications permitted, 71
CHAPTER VI.
FEE FOR ISSUING A PASSPORT.
None up to 1862, 72
Method of collection, . 72
Changes in amount, 73
Illegal charges in Department in 1797, 73
Passport Clerk administers oath free, 74
CHAPTER VII.
\
DURATION OF THE PASSPORT.
For a specific journey, 75
Limited to one trip abroad, 75
one year 75
two years, 75
Of special passports, 76
CHAPTER VIII.
WORDING AND PICTORIAL FEATURES OF THE PASSPORT.
The first passport, 77
Form used in 181 7, 78
1820, 79
at the present time, 80
X ' Table of Contents.
PAGE.
Pictorial features of the passport of 1796, 80
1817, 80
1833, 80
1872, 81
1875, 81
1877 8i
1889, 81
CHAPTER IX.
PASSPORTS ISSUED ABROAD.
Duration in 1796, 82
First one recorded, 82
Form in 1796, 83
By consul, 84
Certificate of citizenship, 84
Refused to aliens by Rufus King, 85
Penalty for issuing false passports, 85
Evidence of citizenship required 86
General instructions ' 86
Qualified passports, 87
Dr. Wharton's opinion, 87
Consuls not to issue without permission, 88
PART II.
DIGEST OF LAWS, RULINGS, AND REGULATIONS.
Accompanying person in a passport, 91
Agents for passports, 93
Alteration in a passport, 94
Application, by whom made, 95
Chinese, application by, 95
Citizenship, 96
by annexation of territory, 97
nativity, 99
naturalization 105
Table of Contents, xi
PAGE.
Copies of passports, ii8
Courier's passport, 119
Criminal conviction of applicant, 119
Declaration of intention to become a citizen, 120
Divorced woman's application, 121
Duplicate passport, 124
Duration and renewal of passport, 125
Expatriation, 127
Fee, 145
Indians, passports for 146
Insane persons, applications for, 148
Issuance abroad, 149
Issuing, agent for, 150
Japanese, applications by, 153
Minor's application, 153
Name of applicant, , ... 154
Naturalization certificate, 155
Oath of allegiance, 166
Passports, necessity for, 169
Protection document, 170
of passport, 171
Residence abroad, 203
Seal of officer before whom affidavit is executed, 210
Special passports, 211
State authorities, passports issued by, 213
Titles and occupations in passports, 216
Visa, 216
Widow's application, . 217
PART I
HISTORY OF THE AMERICAN PASSPORT
THE AMERICAN PASSPORT.
CHAPTER I.
DEFINITION OF THE AMERICAN PASSPORT.
The word passport is formed of two French words, pa^^?[.**
passer, to pass, and port, a port or harbor. Origi-
nally, it meant permission to leave a port or harbor,
or sail into it, and this was extended to include gen-
erally permission of egress and of passage. In the
strict nomenclature of international law, passports
were classed with those documents known as safe
conducts or letters of protection, by which the person
of an enemy might be rendered safe and inviolable.
"These may be given to carry on the peculiar com-wooisey,
merce of war, or for reasons which have no relation
to it, which terminate with the person himself." A
broader definition is, **A document issued by com- cemury Dic-
tionary.
petent civil authority, granting permission to the
person specified in it to travel, or authenticating his
right to protection."
None of these definitions is, however, accurately
descriptive of the American passport, as it has been
granted by this Government since its formation
under the Constitution. In time of peace a law-
abiding American citizen has always been free to
The American Passport.
Unusual
passports.
Definition.
To citizens
always.
Post^ p. 44.
Used only
abroad.
leave the country without the permission of the Gov-
ernment ; and, under the same conditions, foreigners
have always been permitted to travel or sojourn
within our boundaries without a permissive docu-
ment. . Under extraordinary circumstances safe con-
ducts have been issued to aliens, and even to our
own citizens, for purposes of travel in the United
States ; and occasionally passports for departure have
been and are given to ministers or other officials of
foreign governments. During the civil war no one
was permitted to leave or enter the United States
without a passport. These cases are exceptional, and
will be treated separately. They need not enter into
a correct defining of the regular American passport,
a document sanctioned by more than a century of
issuance and authorized by statute. In its wording
this passport has not varied materially, and in the
purpose of its use it has not varied at all. It is a
document issued by the Secretary of State, or, under
his authority, by a diplomatic or consular officer of
the United States abroad, to a citizen of the United
States, stating his citizenship, and requesting for him
free passage and all lawful aid and protection during
his travels or sojourn in foreign lands. Except for
a brief period during the civil war, it has never been
regularly issued to other than American citizens, and
it has always stated this citizenship. It is intended
only for use abroad, and has no sanctioned uses,
customary or statutory, within the United States in
time of peace ; and the request which it conveys is
Definition of the American Passport.
expected to receive recognition from the agents of
foreign governments, subject, of course, to the laws
of foreign countries.
Some foreign countries, before recognizing the visa,
validity of a passport, require that a visa, or vis^,
shall be, or shall have been, affixed to it. This is
an indorsement denoting that the passport has been
examined and is authentic, and that the bearer may
be permitted to proceed on his journey. Sometimes Regulations.
it is required that the visa be affixed in the country
where the passport is issued by a diplomatic or con-
sular officer of the government requiring it; some-
times simply by such officer anywhere; sometimes
at the frontier of the country to which admission is
sought. It may even be required from a diplomatic,
or consular officer of the government which issued
the passport.
The theory and practice respecting passports to private Dana's
Wheaton,
citizens in times of peace seems to be this: Each nation, p- 298, n.
as part of its internal system, may withhold the right of
transit through its territory. Permissions to foreigners to
pass through it are properly passports ; and, in strictness,
a foreigner would be obliged to obtain a new passport at
the boundaries of each nationality, and each national au-
thority might subject him to an examination to ascertain
his character and citizenship. To avoid these inconven-
iences, a system is adopted by which a citizen, leaving his
own country for another, obtains from his own govern-
•ment what is called a passport, and is so, as respects a
right to leave his own country; but, in respect to foreign
countries, is rather a certificate of citizenship, with such
The American Passport,
a description of the person, and usually with his auto-
graph appended, as will serve to identify the bearer and
prevent the document being transferred. The presenting
of this at the entrance of a foreign country serves to au-
thenticate and identify the bearer; and the foreign gov-
ernment, instead of granting a passport, gives its assent
to the bearer's passing through in the form of a vis6 upon
the document itself. This is especially convenient to the
traveler in going through several countries, and enables
the local governments to examine and authenticate the
person and documents at various points, attested by fresh
vises. Where a person away from home desires a pass-
port or certificate from his own government, one may be
given him by the diplomatic agent of that government.
Each nation has its rules as to who may give and receive
these passports; and compliance with them is expected to
satisfy foreign governments, in respect to forms. As this
passport from one's own government attests to no privi-
lege, but simply certifies private citizenship, it furnishes
no exemption from the jurisdiction of the country which
receives him. The most that can be claimed for it is, that
it is a request to foreign governments to admit the bearer,
with the privileges and obligations of a foreign citizen.
CHAPTER II.
THE SPECIAL PASSPORT.
The special passport differs from the ordinary
passport in that it usually describes the official rank
or occupation of the holder, and often, also, the pur-
pose of his traveling abroad, while generally omitting
a description of his person. It serves, therefore,
the double purpose of an ordinary passport, which pu^^sV
insures to the holder the rights and privileges of
American citizenship while he is abroad, and of an
introductory letter, which may procure him especial
attention in his travels. In the practice of the De-
partment yet another document, similar in wording
to the special passport, has been, for convenience,
known and treated as a special passport, without,
however, having the same force or effect. This doc- Iffida^^'^"
ument is given to persons not citizens of the United
States, usually to foreign diplomatic representatives
accredited to this Government and members of their
families about to go abroad, and formerly, in some
cases, to travel in the United States. It has also been J^^ufshid
. . J r ' r f . ' . * foreigner.
given on rare occasions to foreigners of distinction,
having no official connection with the Government ;
but none of this character has been granted for many
years. Another form of special passport was that
given to free persons of color intended for use in Jjns'i^fco^ior.
7
8 The American Passport,
this country, and during the civil war persons trav-
eling between points which were under military
occupation by the United States Army were given
passports signed by the Secretary of State which
really partook of the nature of military passes.*
disp^ateh?s°^ The special passport, describing the rank or occu-
pation of the holder, was probably issued from the
very beginning of the Government under the Con-
stitution. The first one recorded, however, is dated
March 27, 1819, John Quincy Adams being Secre-
tary of State, and is for a bearer of dispatches. It
reads as follows :
Passports. UNITED STATES.
No. 3.
To all whom these Presents shall come, Greeting:
The Bearer hereof, John Henry Purviance, charged with
Public Despatches to the Minister Plenipotentiary of the
United States at Madrid upon the voyage — These are there-
fore to request all whom it may concern to permit the said
John H. Purviance, to pass, without let or Molestation, in
going, staying or returning; and to give to him all friendly
aid and Protection, as these United States would do in like
cases.
Given, etc., March 27, 1819.
John Quincy Adams.
To a female. The following is of a kind which was rare at the
time it was granted, but became more common
during and after the administration of Hamilton
Fish. It was given to a female, who necessarily
*The passport given to American vessels is yet another kind, the
granting of which does not fall within the jurisdiction of the Depart-
ment of State.
The Special Passport.
did not enjoy any official rank, and who was
granted a special passport by the Secretary of
State in the exercise of his discretion.
UNITED STATES. Passports,
No. 3.
To»all to whom these Presents shall come, Greeting :
The Bearers hereof, Mrs. Elizabeth Patterson and her
son, Citizens of the United States of America, having occa-
sion to pass into foreign Countries about their lawful con-
cerns. These are therefore to request all whom it may
concern, to permit the said Elizabeth Patterson and her
son, to pass freely without molestation in going, staying,
or returning, and to give to them all friendly aid and pro-
tection, as these United States would do in like cases.
In faith whereof, etc.
Done, etc., sixteenth day of April, in the year of our
Lord, 181 9, etc.
John Quincy Adams,
Secretary of State.
An American minister about to proceed to his J^^^^^A^^^;;;-
post received the following :
UNITED STATES. Passports,
No. 3.
To all to whom these Presents shall come. Greeting:
I certify that the bearer hereof, John Graham, a dis-
tinguished citizen of the United States of America, is
proceeding to Rio Janeiro, in the character of Minister
plenipotentiary of the United States to the Court of His
Most Faithful Majesty the King of the United Kingdom
of Portugal, Brazil, and Algarves.
These are therefore to request all whom it may concern,
to permit the said John Graham to pass wheresoever his
lawful pursuits may call him, freely without molestation.
lO
The American Passport,
To a private
citizen.
Passports,
No. 3.
To an ex-
plorer.
Passports,
No. 4,
in going, staying, and returning; and to give to him all
friendly aid and protection, as these United States would
do in like cases.
In faith, etc.
Done, etc., Twentieth day of April in the year of our
Lord 1819.
John Quincy Adams,
Secretary of State.
A little later a passport, of which the following is
a copy, was issued to a private citizen :
united states of AMERICA.
To all to whom these Presents shall come, Greeting:
The Bearer hereof Luther Bradish, Esq., being about to
visit different foreign Countries with the view of gratifying
a commendable curiosity, and of obtaining useful informa-
tion. These are therefore, in a special manner, to request all
whom it may concern, particularly all foreign States, Pow-
ers, or Potentates, and their officers, to permit the said
Luther Bradish, to pass freely without molestation, in
going, staying, or returning, and to give to him all friendly
aid and protection, as these United States would do in
like cases.
In faith, etc.
Done, etc., 15th day of April, 1820.
J. Q. A.
Secretary of State,
Under date of April 26, 1821, Adams still being
Secretary of State, appears one for Peter Stephen
Chazotte, who is ** about to visit and explore the
southern parts of East Florida with a view to meri-
torious and laudable purposes," and requests **all
The Special Passport. 1 1
whom it may concern," and ** particularly all persons
in authority under the United States," to let him
pass and afford him aid, ** without expense to the
Government, towards facilitating the objects of his
journey."
The Department sometimes made use of foreign J^o^|Jo»'eifirn
, I r 1 • i 1 bearer of
consuls as bearers of dispatches : dispatches.
UNITED STATES. No^^*^^*'
To all to whom these Presents shall come Greeting.
The Bearer hereof, Mr. H. D. Wichelhausen, Consul
from the City of Bremen, at Baltimore, being charged
with the Public Dispatches from this Department for some
of the Ministers and Charges d'affaires, of the United
States in Europe — These are therefore to request all whom
it may concern, to permit the said H. D. Wichelhausen,
to pass without let, or molestation; and to give to him
all friendly aid and protection, as the United States would
do in the like case.
In faith, etc.
Done, etc., this fourteenth day of October, in the year
of our Lord 1820, etc.
Captains of vessels were occasionally used for the Tp captain
* -^ of a vessel,
bearer of
same purpose: dispatches
To all to whom these Presents shall come, Greeting:: Passports,
' ^ No. s.
Captain Edward Griffith Master of the Brig Eliza, being
charged with a Despatch from this Government to the
Consul-General of the United States at Algiers, which he
is instructed eventually to deliver, in Person, to the said
Consul General. These are to request all whom it may
concern to render to the said Captain and Vessel all the
assistance and accommodation which may be useful to
I
1 2 The American Passport,
the said Captain and Vessel in the Prosecution of his
voyage to Algiers and back again to the United States.
Done, etc., this i6th Dec, A. D. 1822.
In testimony, etc.,
J. Q. Adams,
Secretary of State.
To a foreign A foreign minister leaving this country received
minister. ^ o /
a passport in the following form :
Passports, To all to whom these Presents shall come Greeting:.
No. 7. ^
Whereas General Charles d'Alveer, Minister Plenipo-
tentiary from the Republic of Buenos Ayres to the United
States, has made known to this Government, that he is
soon to return to Buenos Ayres upon a Leave of absence.
These are therefore to request all Persons Citizens of the
United States, especially officers Naval or Military, of
the same, to permit him safely and freely to pass, and to
give to him all lawful aid and protection, to which kind-
ness, he is well entitled as the accredited agent of a
friendly Government to the United States.
Given, etc., 23d day of October 1824.
J. g. A.
To^on« who An instance is found of one granted to a person
intention/' who had declared his intention of becoming a citi-
zen of the United States, but had not yet been nat-
uralized :
Passports, UNITED STATES OF AMERICA.
To all whom it may concern:
Manuel Cartazar, who has resided for several years in
the United States, having declared with all due solemni-
ties, his intention to become a Citizen of the United States,
and to renounce forever all allegiance and fidelity to all
other foreign States or Governments, These are therefore
The Special Passport, 1 3
to request all whom it may concern, to permit the said
Manuel Cartazar, safely and freely to pass, and in case of
need to give him all lawful aid and protection.
In faith, etc.
Done, etc., 15th March A. D. 1825, etc.
H. Clay,
Secretary of State,
Foreigners traveling in the United States were to foreigners
travelins^ in
sometimes given special passports describing their slitw"^^^^
purpose, as is shown by the two following :
UNITED STATES OF AMERICA Passports,
No. 8,
To all whom it may concern
The Bearer hereof, Don Manuel Simon de Escudero, a
native of Chihuahua in the Republic of Mexico, being
desirous of visiting the United States on lawful business.
These are therefore, to request all whom it may concern
to permit the said Don Manuel Simon Escudero, to pass
wherever his lawful pursuits may call him, freely without
let or molestation, in coming to the United States afore-
said, and to give him all friendly aid and protection.
In testimony, etc.
Done, etc.. Eleventh day of January, A. D. 1826, etc.
H. Clay.
UNITED STATES OF AMERICA. Passports,
No. 10.
To all whom it may concern:
General D. M. Teran, being appointed by the Govern-
ment of Mexico to perform various scientific operations
and surveys for the satisfaction and information of that
Government: these are, therefore, to signify to all whom
it may concern, that the said Teran and Suite, composed
of the following persons: Lieuten* Col. D. C. Tarnaba,
Lieuten^ Col. D. S. Batres Sub-Lieuten^ of Artillery,
14 The American Passport:,
D. P. M*Sanchez D. R. Chovel Mineralogist, D. Luis Ber-
landier Physician Botanist, and of such other attendants
as General Teran may choose to engage, have free liberty
to pass wheresoever their lawful pursuits may call them
within the jurisdictional Limits of the United States, in
the performance of this service, recommend them to all
friendly aid, hospitality and Protection accordingly.
In testimony, etc.
Done, etc.. Twenty-seventh day of March, A. D. 1828,
etc.
Henry Clay,
Secretary of State.
uivei"^"^*^ A passport of peculiar wording, intended espe-
cially for oriental travel, is as follows :
Passports, DEPARTMENT OF StATE,
No. n, '
IVas/t"^ J Feby: 182Q,
The bearer hereof, the Rev. Samuel F. Jarvis, a Citizen
of the United States of America, having been appointed
Professor of Oriental languages and literature in Wash-
ington College, Connecticut, one of the said United States,
intends to travel to Egypt, Syria and other countries of
the East, solely for literary purposes, and with the laud-
able view to enlarge his qualifications to perform the
duties of his Professorship.
L Henrv Clav, Secretarv of State of the United States
of America, do, therefore, hereby recommend the said
Siimuel F. Jarvis to the friendly offices of the people of
all countries, in which he may travel, whether they be
Christians, Mahometans, Jews or others: and especially I
commend him to the kind treatment of all officers and
Assents of the Government of the United States.
In testimonv, etc.
H. Clay.
Description [blank].
The Special Passport, 1 5
Under date of February 5, 1835, is recorded the Jj^f^ce per-
first special passport to a free person of color :
UNITED STATES OF AMERICA. Special Pass-
ports, vol. X,
p. 83.
To all to whom these presents shall come, Greeting.
I, the undersigned Secretary of State of the United
States of America, hereby request all whom it may con-
cern to permit safely and freely to pass John Browne, a
free person of colour, born in the United States, and in
case of need to give him all lawful aid and Protection. .
Given under my hand and the seal of the Department
of State, at the City of Washington, this 5th day of Feb-
ruary, A. D. 1835 in the 59th year of the Independence of
the United States.
[seal.] John Forsyth.
DESCRIPTION.
Age, 26 years.
Stature, 5 ft, 7^ in.
Forehead, ordinary,
Eyes, dark,
Nose, large.
Mouth, large.
Chin, ordinary.
Hair, long, straight and black.
Complexion, yellow.
Face, oval.
Signature of the Bearer
John Browne.
For several years following, passports of this f^^^^j^^^d^
character were issued frequently and were then
discontinued. Before they were granted, the De-
partment required satisfactory evidence that the
applicant was a freeman. The following certificate
1 6 The American Passport.
is an illustration. The passport was issued to the
person it describes :
pS^^v^l^i!' DISTRICT OF COLUMBIA,
p. 268.
COUNTY OF WASHINGTON.
I William Brent Clerk of the Circuit Court of the Dis-
trict of Columbia for the County of Washington do hereby
certify that the bearer hereof, Alfred Keighler, a bright
mulatto man, about thirty nine years of age, five feet
eight and a half inches high, apparently straight and
well proportioned, high -round forehead hazel eyes rather
large nose, and small mouth, a small mole on the right
side of the forehead a scar on the end of the forefinger
of the left hand, no other scars or marks about him, full
face large features and good countenance is a free man,
as appears by a dead of manumission from James Long
to him filed and recorded this day in my office, which
said Alfred Keighler is identified to me by Richard Wal-
lach Esq' to be the same Alfred Keighler mentioned in
the aforesaid Deed of Manumission.
In testimony whereof I have hereunto subscribed my
name and affixed the seal of the said Circuit Court of this
3rd day of June, A. D. 1847.
W. Brent,
Clerk.
In another case two informal letters constituted
the evidence on which the passport was issued :
Special Pass- DeAR ClAYTON,
ports, vol. I,
P- ^78- The bearer is a free colored man named Louis Thomp-
son. I have known him well in years past — He used to
wait on Senator Mangum, and at Mangum's instance, per-
haps, you once when Secretary, gave him a passport —
He lost it and wants another, a note from you to Marcy
The Special Passport, 1 7
will no doubt procure it — Louis is a clever fellow, — an
honest, brave enterprising fellow — and is undoubtedly a
native of this country. Hear his story and then give him
a line to Mr. Marcy.
Yr*s &c, J. J. Crittenden.
Hon. J. M. Clayton.
Jany 4th 18^6.
J ANY J, 1856.
Dear Sir:
The bearer Louis Thompson a free colored man wants
a protection. Please see that one is granted to him. I
would write to the Secretary about it, but know he has
little time to attend to such little matters as reading letters
about protections & passports. Do you apply to the Sec-
retary. —
Very respectfully yours,
John M. Clayton.
Passport Clerk of State Department,
Washington.
Another similar case is as follows :
Washington, Dec. f, i8's6. Special Pass-
'. >J'> u ports, vol. I,
The bearer of this paper Walker also called Walker p-^^^'
Lewis is well known to me and has been so known for
many years. I know that he was reared the slave of my
connection the late Judge Philip Norborne Nicholas of
Richmond Virginia: that after the death of Judge Nich-
olas, upon the division of his estate Walker became the
property of Miss Jane Hollins Nicholas the daughter of
Judge Nicholas who emancipated both Walker and his
wife and children. I have examined the instruments by
which such emancipation was accomplished am well
acquainted with the transaction & the parties thereto.
a p 2.
1 8 The American Passport,
Walker is an accomplished waiter and ha$ always sus-
tained an excellent character.
Peter V. Daniel.
f?atS?es*:*°'^ The introductory features of the special passport
are illustrated by the four following examples :
Special Pass- UNITED STATES OF AMERICA,
ports, vol. I,
p. 4.
DEPARTMENT OF STATE.
To all to whom these Presents shall come, Greeting:
Know ye that Luigi Persico, the bearer hereof and an
Artist of eminence now in the employment of the Gov-
ernment of the United States, is proceeding to Italy for
purposes connected with his profession and with the exe-
cution of his commission.
These are, therefore, to request all whom it may con-
cern to permit him to pass without let or molestation, in
going and returning, and to extend to him all friendly aid
and protection, as would in like cases be extended to citi-
zens or subjects of other countries, resorting to the United
States in the lawful pursuit of their business.
In testimony whereof, etc., 30th April, 1829.
M. Van Buren.
Special Pass- UNITED STATES OF AMERICA,
ports, vol. I,
P- 45.
DEPARTMENT OF STATE.
To all to whom these presents shall come, Greeting:
Know ye that the bearer hereof, Daniel Noulan, a citi-
zen of the U. S., aged 18 years, is deprived of the faculties
of hearing and speaking, and is proceeding to S. America
for the benevolent purpose of meliorating the condition of
those who may there be afflicted like himself.
This is therefore to request all Diplomatic, Consular and
other Agents of the U. S. in S. America, and all function-
The Special Passport. 1 9
aries civil and military of the several Governments of that
region to allow him to pass freely without let or molesta-
tion, and to extend to him all such aid and protection, as
would be extended to the citizens or subjects of Foreign
Nations, resorting to the U. S. for similar objects. —
In testimony wher.eof, etc., 26th of November, 1831. —
[Edw. Livingston.]
UNITED STATES OF AMERICA. Special Pass-
ports, vol. I,
p. 175-
DEPARTMENT OF STATE.
To all to whom these presents shall come, Greeting:
Know Ye, that the bearer hereof John James Audubon,
a distinguished naturalist and native citizen of the United
States, has made known to me his intention of travelling
on this continent with the view principally of aiding the
cause by extending his researches and explorations in nat-
ural history, and as he is known to me to be a man of
character, and honor, and worthy of all friendly offices,
and of all personal regard —
These are, therefore to request all whom it may concern,
to permit him to pass freely without let or molestation, and
to extend to him all such friendly aid and protection as he
may need, and which becomes the hospitality of civilized
and friendly nations.
In testimony, etc., 24th day of July, A D. 1842.
Dan'l Webster.
UNITED STATES OF AMERICA. Special Pass-
port, vol. I,
DEPARTMENT OF STATE.
p. 199.
To all to whom these presents shall come. Greeting:
Know Ye, that the bearer hereof Isaac G. Strain, a citi-
zen of the United States of America, and an officer, of the
Navy thereof, has made known to me his intention of
20 The American Passport.
travelling into various unexplored regions of South Amer-
ica, accompanied by a party of several persons, under his
control and direction, with a view of aiding the cause of
science, by extending his researches and explorations in
all directions for the promotion of knowledge —
We believe that the bearer has no improper object in
view, and that arms are borne by himself and party solely
as a defence against beasts of prey, and hostile Indians —
The bearer is known in the service of his country as
a man of character and honor, and worthy of all good
offices and friendly regard. And all Diplomatic and Con-
sular Representatives of the United States are hereby
required and enjoined to furnish Mr. Strain and his party
with all aid and succour — We also request all Governments
in amity with the United States to entreat him kindly,
and to give him facilities for pursuing the interesting
objects of his enterprise —
And all persons whom it may concern are requested to
permit him to pass freely without let or molestation, and
to extend to him all such friendly protection and assist-
ance as he may need and which becomes the hospitality
of civilized and friendly nations.
In testimony whereof, etc., 7th day of August 1843.
A. P. Upshur.
To family Following is an example of the passport issued
minister. ^^ ^ member of the family of a foreign minister :
Special Pass- UNITED STATES OF AMERICA,
ports, vol. 2,
p. 23.
DEPARTMENT OF STATE.
To all to whom these presents shall come, Greeting:
Know Ye that the bearer hereof Boris Bodisco, of the
family of A. de Bodisco, Privy Counciller, Envoy Extraor-
dinary and Minister Plenipotentiary of His Imperial Maj-
The Special Passport, 2 1
esty, the Emperor of all the Russias, near the Govt, of
the U. S. is about proceeding to Havre & Paris.
These are therefore to request all whom it may concern,
to permit him and the persons of his suite, to pass freely,
without let or molestation, and to extend to them all
such friendly aid and protection as would in like cases
be extended to citizens or subjects of Foreign Countries
resorting to the United States, in the lawful pursuit of
their affairs.
In testimony, etc., 9th day of July, A. D. 1847.
James Buchanan.
The passports granted for use in this country Durinjr dvu
during the civil war were in the following form :
war.
UNITED STATES OF AMERICA. Special Pass-
ports, vol. 3,
DEPARTMENT OF STATE. P- 1*6.
To all to whom these presents shall come, Greeting:
Know Ye, that the bearer hereof, Capt. J. C. Meyer, of
the Bremen Bark, Admiral Bromny, now laying at Alex-
andria, Va., is obliged to go to Baltimore, Md., to attend
to business connected with his ship and cargo.
These are therefore to request all whom it may concern,
to permit him to pass freely, without let or molestation,
and to extend to him all such friendly aid and protection
as he may require.
In testimony, etc., first day of May, A. D. 1861.
W. H. S.
Countersigned by General Scott.
UNITED STATES OF AMERICA. Special Pass-
ports, vol. 3,
DEPARTMENT OF STATE.
To all to whom these presents shall come. Greeting:
Know Ye, that the bearer hereof, Prince Napoleon, is
now proceeding to Mount Vernon.
p. 172.
22 The American Passport.
These are therefore to request all whom it may concern,
to permit him to pass freely without let or molestation,
and to extend to him all such friendly aid and protection
as he may require.
In testimony, etc., fifth day of August, A. D. 1861.
W. H. Seward.
Special Pass- UNITED STATES OF AMERICA,
ports, vol. 3,
P" *'®' DEPARTMENT OF STATE.
To all to whom these presents shall come. Greeting:
And in particular the Military & Civil authorities of
the U. S.
Know Ye, that the bearer hereof, Sefior Don Luis de
Potestad, is Second Secretary of Her Catholic Majesty's
Legation in the U. S., and as such is exempt from Mili-
tary draft, and with his family & household is entitled to
the protection and aid due pursuant to public law and the
Statutes of the U. S. to the Diplomatic Agents of foreign
countries.
These are therefore to request all whom it may concern
to permit him to pass freely without let or molestation,
and to extend to him all such friendly aid and protection
as he may lawfully stand in need of
In testimony, etc., twenty-eighth day of August, A. D.
1862.
Frederick W. Seward.
Special Pass- UNITED STATES OF AMERICA,
ports, vol. 3,
p. 532-
DEPARTMENT OF STATE.
To all to whom these presents shall come, Greeting:
Know Ye, that the bearer hereof, The Right Honorable
Lord Lyons, accredited to this Government as Envoy
The Special Passport. 23
Extraordinary and Minister Plenipotentiary of Her Britan-
nic Majesty, is travelling in the United States and Canadas
for recreation.
These are therefore to request all authorities, Civil Mil-
itary and Naval to extend to him that protection and cour-
tesy which are due to the diplomatic representative of a
friendly power.
In testimony, etc., twenty-fourth day of August, A. D.
1864.
William H. Seward.
A foreign minister, beine dismissed from service Jo dismissed
o ' c> foreign
near the Government of the United States and °^^"**'*'^
** given his passports," as the phrase is, receives a
document in the following form :
No. 789. (Special Passport.)
UNITED STATES OF AMERICA. Special Pass-
ports, vol. 10,
p. 216.
DEPARTMENT OF STATE.
To all to whom these presents shall come. Greeting:
Know Ye, that the bearer hereof the [full name and title]
is about to travel abroad.
These are therefore to request all officers of the United
States, or of any state thereof to permit him to pass freely,
without let or molestation, and to extend to him all friendly
aid and protection in case of need.
In testimony, etc., — day of , A. D. 18 .
During the period from 1846 to 1868 no special ^Oj^niard
passports are recorded as having been granted to pri-
vate citizens, save one on July 7, 1855, to Millard
Fillmore, ** late President of the United States." In
1868 the practice was revived, but only four special
24
The American Passport,
Number to
private
citizens.
No fee
charged
formerly.
Solicitor's
views, 1894.
passports to private individuals were issued during
Mr. Seward's administration. Mr. Fish, during the
eight years of his term, issued thirty-five ; Mr. Evarts,
in four years, issued ninety-six ; Mr. Blaine, serving
from March to December, 1881, issued fifty; Mr.
Frelinghuysen, serving a little over three years, is-
sued eighty-three; Mr. Bayard, serving four years,
issued one hundred and fifty-four; Mr. Blaine, serv-
ing from March, 1889, to June, 1892, issued three
hundred and ninety-four; Mr. Foster, serving less
than a year, issued twenty-nine ; Mr. Gresham, serv-
ing from March, 1893, to May, 1895, issued one
hundred and three; Mr. Olney, serving from June,
1895, to March, 1897, issued twenty-two.
Shortly after Secretary Gresham assumed office,
an effort was made to introduce a more perfect sys-
tem to regulate the granting of special passports.
No fee for a special passport had ever been charged,
and the propriety of this practice was questioned, in
view of the requirement of law that a fee of one dol-
lar be collected for every citizen's passport issued.
The Solicitor of the Department, Hon. W. D. Dab-
ney, stated in a memorandum dated May 7, 1894:
There is no law authorizing the issuance of special
passports, nor waiving the fee in favor of any person or
class of persons. I do not see how anyone — unless, per-
haps, persons traveling in the service of the Govern-
iTient — is entitled to exemption from payment of the fee.
No decision was rendered by Mr. Gresham, and
the matter was brought to the attention of his
The Special Passport. 2 5
successor, Mr. Olney. The memorandum of the^iaeys
Passport Division stated :
The act of 1862 required that a fee be collected * * f or Passpjon
^ Division s
every passport issued;" that of 1874 that it be collected 3*^™°*"*"'
for **each citizen's passport;" that of 1888 (now in force)
used the same language. Section 4076 of the Revised
Statutes forbids the granting of a passport to any person
who is not a citizen of the United States. In view of
the above, the propriety of issuing special passports free
of charge is seriously questioned. In the case of those
documents, called passports, given to foreign diplomatic
officers, they are sanctioned by international usage and
courtesy. They are addressed often to authorities in this
country and are not passports in the meaning of the law;
but, to whomsoever they are addressed, they contain a
distinct statement that the holder is not an American citi-
zen, and under the circumstances it is thought they may
be excluded from consideration in the question submitted.
It was doubted by several officials of the Depart- J^^^f^n.
ment whether the special passport was a ** citizen's
passport" in the meaning of the law, and it was
decided verbally and informally by Mr. Olney that
the custom of charging no fee for a special passport
should continue, but that the special passport should
never contain a statement that the holder was a
citizen of the United States.
The whole question came up on review before Shermans
*■ * decision.
Secretary Sherman. He decided that the special
passport should always contain a statement that the
recipient is a citizen of the United States, that it
could not properly be. given to anyone who is not a
26 The American Passport.
citizen, and that the fee of one dollar should always
be collected from every person to whom a special
passport might be issued. Following are the Solic-
itor s opinion and the Secretary's decision :
Solicitor's MEMORANDUM FOR THE SECRETARY,
memoran-
dum.
ORDINARY AND SPECIAL PASSPORTS.
Ante,^. 3. Passports, as regarded in the text-books on international
law, are written permission given by a belligerent to sub-
jects of the enemy whom he allows to travel without
special restrictions in the territory belonging to him or
under his control. (Hall, section 191; Halleck, 351.)
Ante.p.s. Passports to private citizens in time of peace are docu-
ments of an entirely different nature. A citizen of one
country visiting another might obtain from the country
visited a passport authorizing him to travel in that coun-
try, and when he crossed the border into another country
he would be compelled to repeat the process. To avoid
this inconvenience, a system has been adopted by which
a citizen leaving his own country for another obtains from
his own government what is called a passport. With re-
spect to the citizen's own country, this passport is permis-
sion to leave; but in respect to foreign countries, it is
rather a certificate of citizenship, with such a description
of the person as will serve to identify the bearer and pre-
vent the document being transferred. The presenting of
this document at the entrance of a foreign country serves
to authenticate and identify the bearer; and the foreign
government, instead of granting him a passport, gives its
assent to the bearer's passing through, either impliedly or
by express indorsement on the document itself. As this
passport from one's own government attests no privilege,
but simply certifies private citizenship, it furnishes no
The Special Passport. 2 7
exemption from the jurisdiction of the country which re-
ceives him. The most that can be claimed for it is that
it is a request to a foreign government to admit the bearer
with the privileges and obligations of a foreign citizen.
(Dana's Wheaton, sec. 220, note.)
*'That sort of passport which is given by a government
to its citizens when proposing to pass into the territory of
another government is in its essentials only a certificate
of nationality and identification.*' (17 At. Gen., 674.)
There was no special federal legislation on the subject
of passports until August 18, 1856 (ji Stat., 60), the sub-
stance of which, with some modifications, may now be
found in the Revised Statutes, sections 4075 and 4076:
[See ** Sherman's decision" below.]
A law was passed March 3, 1863 (12 Stat., 754), author-
izing the issuing of passports to **any class of persons
liable to military duty by the laws of the United States."
This statute is, no doubt, repealed by reason of its omission Post, p. 44.
when the Revised Statutes were compiled and adopted.
The statutory requirements as to passports issued by
the United States are —
1. That they shall be issued by the Secretary of State
only.
2. That they can be issued to citizens of the United
States only.
The statutes prescribe no form, and do not undertake
to prescribe what kind of a document a passport shall be.
It was no doubt intended that it should be of a nature
described by Mr. Dana in a note above referred to; and
the forms which are now and for a long time have been in
use by the Department of State show that the passports
issued in pursuance of Revised Statutes, sections 4075 and
4076, are, in the first place, certificates of citizenship,
and, in the second place, requests upon foreign govern-
28 The American Passport,
ments to permit the citizen bearer to enjoy therein the
rights of a United States citizen as guaranteed by treaty
and international law. The passport ordinarily used con-
tains a description of the bearer's person and reads as
follows :
**To all to whom these presents shall come, Greeting:
**I, the undersigned, Secretary of State of the United
States of America, hereby request all whom it may con-
cern to permit , a citizen of the United
States, safely and freely to pass, and in case of need
. to give all lawful aid and protection. "
Besides this passport, it has been customary in the De-
partment to issue to officials of the United States and to
distinguished citizens going abroad what is called a spe-
cial passport. The special passport differs in form from
the ordinary passport in these particulars: It does not
contain a description of the person, and it does give the
bearer's official title or other claim to special considera-
tion. A special passport is really a passport and a letter
of introduction. The present form of special passport is
as follows:
** Know ye that the bearer hereof, (here
give official title, if any).
** These are therefore to request all whom it may concern
to permit him to pass freely, without let or molestation,
and to extend to him all such friendly aid and protection
as would be extended to like of foreign govern-
ments resorting to the United States."
^«/^, p. 25. Until quite recently, it contained also a declaration that
the bearer was a citizen of the United States. It is never
granted, so far as I know, to any person other than a
citizen of the United States, and certainly ought not to be
granted to any alien. It is a passport within Mr. Dana's
description and within the meaning of the statutes; and,
The Special Passport, 29
since it conveys impliedly a guaranty of American citizen-
ship, it should expressly declare that citizenship. The
special passport is not, to my knowledge, granted to any
offidal or individual who is not a citizen of the United
States. We have a large number of alien vice-consuls
and consular agents who hold official commissions from
the United States, but none of them is given a passport.
It is clear to my mind that the special passport is nothing
but an ordinary passport, in which the bearer's titles of
office and dignity are substituted for the ordinary descrip-
tion of a man. It differs in no essential particular from
the passport referred to in the statutes. It is a citizen's
passport, and I recommend the restoration to the form of
the declaration that the bearer is a citizen of the United
States.
PASSPORT FEES.
The act of August 18, 1856 (11 Stat., 60), provided
that no charge should be made for granting a passport
in the United States. One dollar was allowed when the ^»^^, p. as.
passport was issued in a foreign country. The internal-
revenue act of July I, 1862, section 89 (12 Stat., 472),
fixed a fee of three dollars for ** every passport issued in
the office of the Secretary of State." The act of June 30,
1864, for the support of the Government, provided, sec-
tion 106 (13 Stat., 276), that a fee of five dollars should be
collected for ** every passport issued in the office of the
Secretary of State." The act of July 14, 1870, designed
to abolish certain internal taxes (section 3, 16 Stat., 257),
repealed ^previous provisions imposing a tax on passports.
The legislative, executive,, and judicial act, of June 20,
1874 (18 Stat., 90), fixed a fee of five dollars to be col-
lected for **each citizen's passport issued from the De-
partment" [of State], and by the act of March 23, 1888
(25 Stat., 45), it is provided **that from and after the
30 The American Passport.
passage of this act, a fee of one dollar shall be collected
for each citizen's passport issued from the Department of
State; that all acts or parts of acts inconsistent with this
are hereby repealed."
If you agree with me that a special passport is only a
variation in form of the ordinary passport, and that it is
a citizen's passport, the fee of one dollar should be col-
lected for the special passport as well as for the ordinary
passport. *
The question whether officers of the United States
whose duty is in the United States and who do not go
abroad on public business shall, when they go abroad, be
furnished with a special passport instead of an ordinary
passport, is not one of law, but is one for the discretion
of the Secretary of State. The distinction between the
two kinds of passport is one of form and not of sub-
stance. It is a regulation, and not a law, which requires
the exclusion from the ordinary passport of the bearer's
titles and business, and it is also a regulation which per-
mits the inclusion in a special passport of the bearer's
titles and other marks of distinction.
As a matter of policy, I see no reason why, when an
Army or Navy officer goes abroad on special or private
business, he should not take an ordinary passport, which
is a certificate of his citizenship and a request for the pro-
tection due him as a citizen of the United States while in
a foreign jurisdiction, and depend for documentary evi-
dence of his official position at home and his title to con-
sideration abroad upon the letter of introduction or some
sort of certificate of his official title given him by his im-
mediate chief, the Secretary of War or of the Navy. On
this point, however, I have nothing more than a bare sug-
gestion to make. There is no infraction of the law in
giving any United States official, civil or military, a pass-
The Special Passport. 3 1
port describing him by his official title, declaring his citi-
zenship of the United States, and requesting for him the
rights and privileges of a citizen of the United States in
foreign countries, upon the payment by such citizen of the
prescribed fee of one dollar. I do recommend, however,
that the present form of special passport be amended so
as to make it — what every passport ought to be — a certifi-
cate of nationality. There is no express authority in the
Secretary of State to grant to any person a passport which
is not a certificate of citizenship. The document ceases
to be a passport and becomes a mere letter of introduction ;
and while the Secretary may, no doubt, of propriety fur-
nish such letters to any person he chooses, they are not
official documents and ought not to be under the seal of
the Department of State.
Respectfully submitted.
W. E. Faison,
Solicitor,
PASSPORT FEES. .
Department of State, Sherman's
decision.
May /, iSgy.
Sections 4075 and 4076 of the Revised Statutes pro-
vide:
** Sec. 4075. The Secretary of State may grant and issue
passports, and cause passports to be granted, issued and
verified in foreign countries by such Diplomatic or Con-
sular officers of the United States, and under such rules
as the President shall designate and prescribe for and on
behalf of the United States; and no other person shall
grant, issue or verify any such passport. Where a lega-
tion of the United States is established in any country, no
person other than the diplomatic representative of the
32 The American Passport.
United States at such place shall be permitted to grant
or issue any passport, except in the absence therefrom of
such representative.
** Sec. 4076. No passport shall be granted or issued to or
verified for any other persons than citizens of the United
States."
The act of March 23, 1888 (25 Stat., 45), provides:
**That from and after the passage of this act a fee of
one dollar shall be collected for each citizen's passport
issued from the Department of State. That all acts or
parts of acts inconsistent with this are hereby repealed.**
The passports referred to in the above enactments can
be issued to citizens of the United States only, and they
are (i) certificates of citizenship and (2) requests to for-
eign governments to admit the bearer with the privileges
and obligations of a citizen of the United States. (Dana's
Wheaton, sec. 220, note.)
Passports issued to citizens of the United States are or-
dinary (describing the person of the bearer and omitting
titles of office, dignity, or business) and special (omitting
personal description and identifying the bearer by his
official title or mark of dignity or distinction). Both ordi-
nary and special passports are citizen's passports, and the
fee of one dollar prescribed by the act of March 23, 1888,
for each citizen's passport must be collected for the special
as well as for the ordinary passport.
The special passport, being a citizen's passport, should
also contain a declaration that the bearer is a citizen of
the United States.
Passports issued to foreign diplomatic officers or other
foreigners wishing to travel in the United States are pass-
ports of a different nature and are not within the applica-
tion of the statutes above quoted.
John Sherman.
The Special Passport, 33
Not only had the practice of issuing special pass-
ports to persons not in official life become common
after Mr. Seward's administration, but those issued
to officials had increased in number also, and many
were given to men, holding inferior civil or military
rank, who were not journeying abroad on public
errands. Officers of the Army, according to the to Amy
rule laid down by Secretary Fish in 1874, should Fish's mie.
not receive them unless they were majors or held a ^""^^ p* ^*
higher rank; but this rule fell into disuse, and all
Army officers, including cadets at the Military Acad-
emy, were granted special passports upon request of
the Secretary of War. In May, 1894, the attention
of the Secretary of War was informally invited to
this increase, and he ceased from that time to call
for any special passports for Army officers, unless
they were ordered abroad on public service. In
April, 1897, the question was reopened by the War
Department, which suggested that the rule of 1894
was too strict, because it deprived Army officers
of certain privileges, while in foreign countries, to
which their rank entitled them and which they might
use for the benefit of the service. The Secretary of
State, in consequence, modified the practice, so that
passports might be issued to Army officers for whom
the War Department had requested the privilege, the
understanding being that they should be used for
purposes tending to increase the efficiency of the
military service, and not for purely personal con-
venience. The ruling was made to apply equally to
A p 3.
34 The American Passport.
the Navy. The letter following explains the posi-
tion taken :
Sherman's MaY «:, 1807.
letter. *'' ^'
The Honorable
The Secretary of War.
Sir: I have the honor to acknowledge the receipt of
your reference of April 17 to this Department of the let-
ter of J. W. Clous, Lieutenant-Colonel, U. S. Army, upon
the subject of granting special passports to officers of the
Army about to proceed abroad.
Lieutenant-Colonel Clous states that embarrassment
occurs to officers traveling with ordinary passports which
do not state their rank, and you indorse his letter with
the statement that you are ** inclined to favor the resump-
tion of the custom of obtaining special passports for all
Army officers who may go abroad, either on duty or on
leave of absence."
On August 19, 1874, Mr. Fish, Secretary of State, in a
letter to the Acting Secretary of the Treasury, laid down
the following rule in respect to special passports: **It
is the rule of the Department to issue special passports
only to prominent officials about to visit foreign countries
on public business. In the military service of the Gov-
ernment they are given to officers not below the rank of
major in the Army and the relative rank in the Navy."
It has also been an established rule of the Department
that special passports for Army officers should be issued
only on requisition of the War Department. Of recent
years the granting of special passports became more
common, Mr. Fish's rule was disregarded, and the War
Department made requisition upon this Department for
special passports for all Army officers going abroad, what-
ever their rank and whatever their purpose in traveling.
During the last Administration an effort was .made to
The Special Passport. 35
check the too free issue of these documents, and to re-
vert, in so far as possible, to the original intention in
regard to them. The informal notice to your Depart-
ment in May, 1894, that they would no longer be issued
to Army officers, unless they were proceeding abroad un-
der Government orders, was, it is understood, caused by
the increasing number of requisitions for officers of infe-
rior rank, even for military cadets, who intended to travel,
as this Department had reason to suppose, entirely for
the purpose of recreation, and who, in consequence of
holding passports describing their rank and title and
occupation, enjoyed privileges which were denied other
citizens holding ordinary passports.
The Department is now, however, in view of the repre-
sentations made in Lieutenant-Colonel Clous's letter and
your indorsement thereon, prepared to modify the informal
notice of May, 1894, £^nd will hereafter issue to officers of
the Army special passports, depending upon your Depart-
ment to ascertain before making requisition for such pass-
ports that they will be put to uses tending to increase the
efficiency of the military service and will not be used for
purposes of purely private and personal convenience. They
will be issued only upon request of your Department, and
never upon direct request of Army officers.
It is proper to add that by a recent ruling of this De-
partment the fee of one dollar required by law to be col-
lected for every citizen's passport issued must accompany
every application for a special as well as an ordinary pass-
port.
I return herewith Lieutenant-Colonel Clous's letter, a
copy having been retained for the files of this Depart-
ment.
I have, etc. John Sherman.
CHAPTER III.
PASSPORTS ISSUED BY OTHER THAN FEDERAL AUTHORITY.
Treaty of The trcatv of 1778 with France, which was the
1778 with J I I >
Fi
ranee.
first made by the United States, provided for a form
of passport to be given by the two Governments to
No legal pro- their rcspcctivc vessels, but until i8s6 there was no
vision till ^ ' ^
'^^^- law restricting the granting of passports to federal
I Stat., 118. authority. April 30, 1 790, an act was approved pro-
viding for the imprisonment and fine of any person
violating a safe-conduct or passport **duly obtained
and issued under the authority of the United States,"
or for striking, wounding, etc., an ambassador or
other public minister; but from its wording it is
evident that the act had in view passports issued for
use in this country to the representatives of foreign
powers near the Government of the United States.
3 Stat, 199. p^^ ^^^ approved February 4, 181 5, **to prohibit
intercourse with the enemy," provided that no citi-
zen, or ** person usually residing within the United
States," be permitted to cross the frontier into the
enemy's country or territory in his possession with-
out a passport from the Secretary of State, Secre-
tary of War, **or other officer, civil or military, au-
thorized by the President of the United States to
grant the same, or from the governor of a State or
Territory," under penalty of fine and imprisonment.
36
Issued by Other than Federal Authority, 2>7
The act was to be operative only during the war
with Great Britain then in progress.
In 1835 the Supreme Court of the United States sup^me
described the situation thus : 9 PeteVs, 699.
There is no law of the United States in any manner
regulating the issuing of passports, or directing upon what
evidence it may be done, or declaring their legal effect.
It is understood, as matter of practice, that some evidence
of citizenship is required by the Secretary of State before
issuing a passport. This, however, is entirely discretion-
ary with him.
In the absence of any law upon the subject, the ^he De|airt-
issuine of passports to Americans ffoing abroad nat-andF?n^
urally fell to the Department of State, as one of its*"'^^^
manifestly proper functions. Nevertheless, as they
had doubtless been issued before the adoption of
the Constitution by State or municipal authorities. By state and
"^ * municipal
the practice continued without statutory prohibi-*"^*"*""''^^
tion, until 1856. Following is a copy of a passport
granted in 1805 by the governor of Connecticut bv governor
to Prof. Benjamin Silliman, of Yale College :
Con-
necticut.
His Excellency Jonathan Trumbull, Governor i Passport
[seal.] & Commander in Chief in and over the State
of Connecticut in America.
To all Persons, of whatsoever Nation, People, or Coun-
try, who may see these Presents, Hereby Certifies &
Makes Known. — That Benjamin Silliman Esq"" the Bearer
of this Instrument, is a native Citizen of the United States
of America, born in the Town of Trumbull, in the State of
Connecticut, — of very respectable parentage, — has had a
liberal Education at our College of Yale in s*^ State; and
38
The American Passport.
By notary
public.
now is a Member of the same College, in the Character of
their Professor of Chemistry & Natural History. — The
said M^ Silliman, at the Request, & with the Permission
of the Faculty of the said College, is enterprizing a Voy-
age to Europe, for the laudable purpose of Improvement
in the particular Objects of his Professorship, and for his
advancement in other Branches of general Science —
The said Professor Silliman is therefore Hereby Recom-
mended to all Nations & Countries to & through which
He may have occasion to travel, for His safe Protection
& Passport among all their People. — And He is hereby
commended particularly to the kind notice, attention &
assistance of all Literary & Scientific men, in the several
Countries & Places, where he may visit or Reside. —
In Faith & Testimony whereof, and in confirmation of
the above Instrument, I have hereunto sett my Hand, &
affixed my Seal of Office, at Lebanon in s^ State of Con-
necticut, this 26th Day of March in the Year of our Lord
1805 and of the Independence of the United States of
America, the Twenty Ninth.
JonA. Trumbull.
This is indorsed: ** Governor TrumbulFs certifi-
cate of citizenship of Benjamin Silliman."
The requests to the Department for passports
sometimes took a form of wording and an appear-
ance which might easily have deceived foreigners
into the beHef that they were passports. Following
is an example :
L Passport
etters.
UNITED STATES OF AMERICA.
STATE OF SOUTH CAROLINA.
By John Ward, Justice of the Quorum, and Notary
Public, by Letters Patent, under the Great Seal of the
Issued by Other than Federal Authority, 39
State, duly Commissioned and Sworn, residing and prac-
ticing in the City of Charleston and the State aforesaid.
To all to whom these presents shall come, Greeting:
These are to Certify, That the bearer hereof Jacob
Keller aged Thirty Seven years or thereabouts five
feet six inches high Grey hair fresh complexion,
and whose signature appears in the margin, hath
this day produced to me proof that he is a Citizen
of the United States of America.
And whereas the said Jacob Keller hath occasion ,to
w pass into Foreign Countries about his lawful affairs; these
w are to pray all whom it may concern, to permit the said
Jacob Keller (he demeaning himself well and peaceably)
u to pass and repass wheresoever his lawful pursuits may
■"* call him, freely and without let or molestation in going,
staying or returning, and to give him all friendly aid and
protection, as the United States would do in like case.
In testimony whereof, I the said Notary have hereunto
set my Hand and affixed my Seal Notarial, at Charleston,
the twenty-sixth day of January one thousand eight hun-
dred and thirty one and in the fifty fifth year of the
Independence of the United States of America.
John Ward, N. P. [seal.]
To this is attached, also in printed form, a cer-
tificate by the governor of John Ward's official
character.
Although the Department's circulars prior to
1856 informed applicants that passports issued by
State or judicial authorities were not recognized
by the agents of foreign governments, it appears
that they were — ^in some cases, at any rate — so rec-
ognized. The following is a passport issued by the By g
governor of Louisiana in 1848. Another of later
overnor
ouisiana.
40 The American Passport.
date from the same source is found well covered
with French visas, showing clearly that it had been
accepted as a legitimate passport by the French
authorities.
Lettersf°^ UNITED STATES OF AMERICA.
STATE OF LOUISIANA.
By Isaac Johnson,
Governor of the State of Louisiana.
And Commander in Chief of the Militia thereof.
These are to request all persons in authority and all
others whom it may concern, to let
Antoine Langinatti — aged Seventy five years — a citizen
of the United States —
And Inhabitant of this State going by Sea to Vera-
cruz, about his own private affairs, pass safely and freely
without giving him any hindrance but on the contrary
affording to him all [word torn out] of protection, as we
would do in like case for the Subject or Citizen of a For-
eign State who might be recommended to us. —
76 Given under my hand, and the Seal
5-2/^ of the State, at New-Orleans on the
twenty third day of March — in the
^ year of our Lord one thousand eicfht
rather large [sEAL.l
gj^^jj hundred and forty-eight — and of
grey the year of the Independence of the
dark United States of America, the sev-
enty second.
high
hazel
oval
Signature of the Bearer
his
Antonio x Lungitti
mark
By the Governor:
Charles Gayarr^,
Secretary of State.
Isaac Johnson
Issued by Other than Federal Authority. 41
**The lack of legal provision on the subject [of ^^J^^^*''^-
passports] led to gross abuses, and * the impositions mstor^ and
practiced upon the illiterate and unwary by the fab- ^^ '^^' '^^
rication of worthless passports' (IX Op. Atty. GenL,
350) led finally to the passage of the act of August
18, 1856. This provided that the Secretary of State
be authorized to grant and issue passports and cause
them to be granted and verified in foreign countries
by diplomatic and consular officers of the United
States, under such rules as the President might pre-
scribe. No one else was to issue passports. * * *
Any person not authorized to do so who granted a
passport (or instrument in the nature of a passport)
should, upon conviction of the offense, be deemed
guilty of a misdemeanor and fined and imprisoned."
Nevertheless, passports have occasionally been By governor
of Louisiana.
granted by persons not authorized to do so since
1856. One issued in 1865 by the governor of
Louisiana is described in a letter of the Depart-
ment of April 23, 1875:
This paper purports to bear the signature of J. Madison Vol. v, p. 367.
Wells, as governor, to be countersigned by J. H. Hardy, as
secretary of the State, and to be attested by the great seal
of the State of Louisiana. It describes Mr. Gottlieb Spit-
zer as a citizen of the United States, desiring to go to
Havana, Cuba, and requests all authorities to let him
**pass free and unmolested where he may go, and to give
him such aid and protection as he may need."
Other illes^al documents in the nature of passports niegrai
*-' i r documents
have come to the Department's notice from time to
4^
The American Passport.
time. February 25, 1869, the Secretary of State
wrote to the governor of Massachusetts :
Vol. i, p. 172. I have the honor to acknowledge the receipt of your
letter of the i8th instant, transmitting copies of the law
under which the secretary of the Commonwealth of Mas-
sachusetts has issued passports, and also a printed blank
showing the form of the instrument thus issued. The title
of one of these laws is **An act authorizing passports;"
that of the other is **An act concerning the issue of pass-
ports and certificates of citizenship." The instrument is-
sued in virtue of these laws appears to be substantially
the same as those issued by this Department, with the ex-
ception that it runs in the name of the Commonwealth
instead of the United States and certifies the bearer to be
a citizen of the Commonwealth instead of the general dec-
laration that he is a citizen of the United States.
Certificates
of citizen-
ship.
zation.
Certificates of citizenship given under the seals of
notaries public have also been brought to the De-
partment's attention; and it has been noticed that
Certificates soiTic ccrtificatcs of naturalization which have been
of naturali-
sent to the Department with applications for pass-
ports bear the visas of Spanish authorities in Cuba,
thus showing that the certificates have been used as
passports. The last-named practice is merely an im-
position upon the Spanish authorities. The other
spurious passports are a violation of law; but, al-
though several of them have been sent at different
times to the Attorney-General for action by his De-
partment, sufficient evidence upon which to base an
indictment of the persons issuing them has thus far
not been obtained.
CHAPTER IV.
EVIDENCE REQUIRED BEFORE ISSUING PASSPORTS, AND PASS-
PORT REGULATIONS.
In July, 1845, ^ notice was printed and distributed ^^^^rtmem^
by the Department **for the information of citizens
of the United States about to visit foreign countries"
containing this statement :
To prevent delay in obtaining a passport, the appli- 3^ Passport
cation should be accompanied by such evidence as may
show the applicant to be a citizen of the United States
(when that fact is not already known to the Department
of State).
Subsequent circulars of instruction were all to the
same effect, but our agents abroad might occasion-
ally issue passports to persons who were not Amer-
ican citizens. The Personal Instructions to the
Diplomatic Agents of the United States, issued in
1853, said:
They sometimes receive applications for such passports
from citizens of other countries; but these are not reg-
ularly valid, and should be granted only under special
circumstances, as may sometimes occur in the case of for-
eigners coming to the United States.
It was not until the passage of the act approved " stat, 60.
August 18, 1856, that it was specifically prohibited
to grant passports to persons other than American
43
44 ^^^ American Passport,
12 Stat., 754. citizens; and this law was amended by the act ap-
proved March 3, 1863, so that it should not apply to
12 Stat., 73' persons liable to military duty under the act of the
same date **for enrolling and calling out the national
Persons not forccs." Thc Dcrsons specified in the latter law were
citizens to * *
have pass- ,, ^ ablc-bodicd male citizens of the United States,
and persons of foreign birth who shall have declared
on oath their intention to become citizens under and
in pursuance of the laws thereof, between the ages
of twenty and forty-five years," with the exception
of certain officials, and physically and mentally unfit
persons, etc. This extension of the law lasted only
Rege^aied. Until May 30, 1866, when the act providing for it
was repealed. How many availed themselves of its
provisions can not be ascertained, but it is probable
that the number was small. The ** declaration of
intention** was not construed to entitle a person to
Ante.^.x^. a passport before 1863 nor after 1866. A special
passport to a person who had made this first step
toward acquiring American citizenship was, how-
ever, issued by Henry Clay March 15, 1825.
Evidence of Thc uature of the evidence required in proof
citizenship. * *
of the citizenship of applicants for passports has
varied; but some sort of evidence was always ex-
acted, except in those cases where the Department
or the diplomatic or consular officer had knowl-
edge that the persons applying were entitled to re-
Naturaiiza- ccive passports. In the case of naturalized citizens
tion certin- * *
the certificate of naturalization was submitted as
evidence of citizenship; but, while this has always
Evidence Required Before Issuing. 45
been the rule, its strict observance in the earlier
days was not always insisted upon. The evidence
upon which the passports were issued up to 1830
consisted chiefly of letters from the applicants them-
selves, or from third persons known to the Depart-
ment, or certificates from notaries public that the
applicant was a citizen of the United States. In^j?j^^j2{^*p-
1830 a printed form of application came into use, ' ^°
as follows :
UNITED STATES OF AMERICA. 2 Passport
Letters.
State of Maryland, to wit:
I, John Gill, Notary public by Letters Patent
[seal.] under the Great Seal of the State of Maryland,
Commissioned and duly qualified, residing in the
City of Baltimore, in the State aforesaid, do hereby Cer-
tify, Attest and Make Known, That, on the day of the date
hereof, before me personally appeared, John P. Strobel,
An American citizen
[Here follows the description.]
Who being by me duly and solemnly sworn, did depose
and say that he is a naturalized citizen of the United States
of America, being the same person mentioned in the Cer-
tificate of Naturalization herewith enclosed, granted at
Baltimore the 21st October 1806, and signed Wm Gibson
Clk Balto. Coty. Ct.
In Testimony Whereof, the said Deponent hath here-
unto subscribed his name; and I the said Notary have
hereunto set my Hand, and affixed my Notarial Seal the
17th day of May in the Year of our Lord, One Thousand
Eight Hundred and Thirty.
[Name cut off.]
But this form does not appear to have been obliga-
tory, and there was no uniformity in the applications.
46
The American Passport.
t8 Passport
.etters.
jiiiy?i^45'!^ The circular of July, 1 845, gave instructions as to the
proper method of proceeding in order to procure a
passport :
Department of State,
Washington^ July^ 184^.
For the information of citizens of the United States
about to visit foreign countries, where they may be sub-
jected to inconvenience for the want of sufficient evidence
of their national character, it is deemed proper to state
that passports will be granted gratis, by the Secretary of
State, to such citizens, on his being satisfied that they are
entitled to receive them.
To prevent delay in obtaining a passport, the applica-
tion should be accompanied by such evidence as may show
the applicant to be a citizen of the United States (where
that fact is not already known to the Department of State),
and with a description of his person, embracing the follow-
ing particulars : Age, years ; stature, feet,
inches; forehead, ; eyes, ^ ; nose, ; mouth,.
; chin, ; hair, ; complexion, ; face, ;
When the applicant is to be accompanied by his wife,
children, or servants, or females under his protection, it
will be sufficient to state the names and ages of such per-
sons, and their relationship to the applicant, as one pass-
port may cover the whole.
Certificates of citizenship or passports granted by the
different States and municipal authorities in the United
States are not recognized by the officers of foreign gov-
ernments; and for the want of necessary official informa-
tion as to those authorities, the ministers and consuls of
the United States in foreign countries can not authenticate
such documents.
It is proper to add that persons who leave the United
States without certificates or other evidence of their citi-
Evidence Required Before Issuing. 47
zenship, expecting to be furnished with passports by the
diplomatic agents or consuls of the United States residing
in the country to be visited, are always liable to be disap-
pointed in obtaining them, as these documents are only
properly granted on the faith of some evidence that the
individuals for whom they are asked are entitled to receive
them. Such testimony it is sometimes difficult, if not im-
practicable, to procure among strangers, and it is there-
fore recommended to every citizen of the United States
who purposes going abroad to furnish himself, before leav-
ing home, with the necessary passport.
The postage on all applications of this character must be
prepaid, and it is desirable, in all cases when practicable,
that the individual wanting a passport should address his
request immediately to the Department of State, instead
of applying to a collector of customs or seeking to obtain
it through any other indirect channel.
There is noticeable from this time an improve- Affidavits,
ment in the character of the applications, more of
them coming from the applicants direct, and some
of them being in the form of affidavits of the appli-
cants.
In May, 1846, the Department issued another circular of
-^ ^ ^ May, 1846.
circular of instructions. It contained the same in-
formation as the one last quoted, with additions
giving more explicit directions to applicants. It was
repeated in April, 1850:
4s ♦ 4: 4« ♦ 9ic 4:
This proof need be transmitted but once. On all subse- circulars i,
107.
quent occasions, a simple reference to it and to the period
when it was presented will be sufficient.
48 The American Passport.
When the applicant is a native citizen of the United States
he must transmit an affidavit of this fact, stating his age
and place of birth, signed by him, and sworn to by him-
self and one other citizen of the United States named
therein, to whom he is personally known, and to the best
of whose knowledge and belief the declaration made by
him is true. This affidavit must be attested by a Notary
Public, under his signature and seal of office. When there
is no notary in the place the affidavit may be made be-
fore a Justice of the Peace or other officer authorized to
administer oaths.
If the applicant be a naturalized citizen, his certificate of
naturalization must be transmitted for inspection. It will
be returned with the passport.
^ 4: ^ Ha He. Hfi He
More applications now appear in the form of affi-
davits, but the Department did not enforce the re-
quirements of its circular at all rigorously.
Circular of In Aufi^ust, 1 8^7, anothcr circular was issued to
August, 1857. ^
the same effect as the last one quoted, except that
the closing paragraph relative to passports issued by
municipal or State authorities was changed so as to
conform with the act of 1856 forbidding the grant-
ing of such passports.
Certificates of citizenship or passports issued by State
authorities or by judicial or municipal functionaries of the
United States are not recognized by the officers of foreign
governments; and by the twenty-third section of the act
of Congress approved on the i8th of August last it is made
penal for such authorities and functionaries to issue such
passports.
Evidence Required Before Issuing. 49
The prevailing form of application became as Form used.
follows :
UNITED STATES OF AMERICA.
State of , )
County of . \
I, , do swear that I was born in the
on or about the — day of ; that I am a (naturalized
or native) and loyal citizen of the United States, and about
to proceed abroad .
[Signature.]
Sworn to before me, this — day of , 186 .
Notary Public,
I, , do swear that I am acquainted with
the above-named , and with the facts above
stated by him, and that the same are true, to the best of
my knowledge and belief.
Sworn to before me, this — day of , 186 .
Description of .
The above blank was prescribed by the Depart-
ment and contained at the bottom a short note of
instruction to the applicant, and this statement:
** Passports bound in morocco books, one dollar in
addition to the regular tax."*
The most stringent passport regulations ever pre- During
civil war.
scribed by the Government were those in effect
*This was a private enterprise of a clerk in the Passport Division.
A P 4.
'
50
The American Passport.
Circulars,
vol. I.
A nU, p. 21.
Circulars I,
192 J^.
during the civil war. The first order was as fol-
lows:
to all whom it may concern.
Department of State,
Washington^ August ig^ 1861.
Until further notice, no person will be allowed to go
abroad from a port of the United States without a pass-
port either from this Department or countersigned by the
Secretary of State ; nor will any person be allowed to land
in the United States without a passport from a minister
or consul of the United States, or, if a foreigner, from
his own government, countersigned by such minister or
consul. This regulation, however, is not to take effect in
regard to persons coming from abroad until a reasonable
time shall have elapsed for it to become known in the
country from which they may proceed.
No fee will be charged for a passport or for counter-
signing a passport.
William H. Seward.
Persons within the United States were required
to have passports, whether they were citizens or not,
before they were allowed to pass the Hnes of the
Union Army :
Department of State,
Washington^ November 12^ 1861.
Circumstances which have recently occurred render it
necessary to repeat a previous regulation, that no perspn,
whether a citizen or a foreigner, will be allowed to pass
the lines of the United States Army in any direction with-
out a passport signed or countersigned by the Secretary
of State, and, if any person shall attempt so to pass, he
will be liable to arrest and detention by military authority.
William H. Seward.
Evidence Required Before Issuing. 51
Later, those who had left the country in avoid-
ance of their military duties were deprived of the
privilege of receiving passports from our agents
abroad :
Department of State,
Washington^ August 8^ 1862.
To Diplomatic and Consular Officers:
It is expected that, until further notice, you will not circulars i,
204.
issue a passport to any citizen between the ages of
eighteen and forty-five, and otherwise liable to the per-
formance of military duty, who, you may have reason to
suppose, shall have left the United States subsequent
to this date.
William H. Seward.
Persons liable to military duty under the act of "Stat.,731.
March 3, 1863, were refused passports unless they
gave bond to perform such duty or to provide sub-
stitutes. The closing paragraph of the Depart-
ment's instructions in regard to passports, dated
April, 1863, reads:
Persons liable to military service, residing: in States Consular
' *^ circulars,
where a draft has not taken place, are required to give the j|P'jg^\J^J*'
usual bond, conditioned to perform duty, or to provide a
proper substitute if drafted ; and persons who may be
exempt by reason of physical disability will furnish an
authorized surgeon's certificate to that effect, in order that
passports may be issued. The oath of allegiance to the
United States, as prescribed by law, will be required in
all cases.
The instructions of July i, 1864, repealed this
requirement.
The following circular explains the extreme pre- J^^'ganada.
28l.
52 The American Passport.
cautions taken in 1864 against unfriendly immigra-
tion from Canada:
Department of State,
Washington^ December ij^ 1864.
Circulars I, The President directs that, except immigrant pas-
sengers directly entering an American port by sea, hence-
forth no traveler shall be allowed to enter the United
States from a foreign country without a passport. If a
citizen, the passport must be from this Department or
from some United States minister or consul abroad ; and
if an alien, from the competent authority of his own
country; the passport to be countersigned by a diplomatic
agent or consul of the United States.
This regulation is intended to apply especially to per-
sons proposing to come to the United States from the
neighboring British provinces. Its observance will be
strictly enforced by all officers — civil, military, and naval —
in the service of the United States, and the State and
municipal authorities are requested to aid in its execution.
It is expected, however, that no immigrant passenger,
coming in manner aforesaid, will be obstructed, or any
other persons who may set out on their way hither before
intelligence of this regulation could reasonably be ex-
pected to reach the country from which they have started.
William H. Seward.
I. Passports from Canada and the adjoining British
provinces are issued for one year, and need not be surren-
dered within that period.
II. Citizens of the United States, desirous of visiting
Canada, may take out their passports either from United
State consulates or from this Department.
III. United States consular agents are authorized to
issue passports, and may countersign those of foreigners.
IV. Travelers making transit through Canada from one
Evidence Required Before Issuing. 53
American port to another American port must procure
passports.
V. Persons residing near the line who desire to cross
and recross daily, in pursuit of their usual avocations, are
** travelers" in the contemplation of the order, and must
provide themselves with passports.
VI. Females and minor children traveling alone are
included in the order. When, however, husband, wife,
and minor children travel together, a single passport for
the whole will suffice. For any other person in the party
a separate passport will be required.
VII. Should any person, native or foreign, clandestinely
enter the United States in derogation of the order, the
fact should be reported to the military authorities of the
district.
(Circular No. 55.)
Department of State,
Washington^ January 14, iS6§.
To the Consular Officers of the United States in Con-
terminous British Provinces:
Consular officers in the territory conterminous with the
United States, on their northern and northeastern fron-
tiers, are hereby authorized to receive United States
currency in payment for passports, so long as the order of
December 17, 1864, shall remain in force, bearing in mind
that the law requires five dollars as a fee for issuing a
passport, which amount is payable into the United States
Treasury; and in foreign countries a consular fee of one
dollar in addition. The existing regulation, by which
consular agents were forbidden to give passports, is
hereby rescinded for the period above mentioned. If any
person shall have been charged more than the legal fees,
as they are herein mentioned, the excess shall be refunded
- I
54
The American Passport,
Circulars I,
293.
Husband,
wife, and
children.
Circulars I,
an.
General In-
structions,
1873.
General In-
structions,
1873-
to him by the consul to whom the sum has been paid,
such repayment to be reported to this Department. A
uniform rate of charge is expected and enjoined. Pass-
ports to enter British provinces and return thence will be
promptly issued by this Department, on application, in
accordance with the passport regulations.
William H. Seward.
The necessity for this measure having terminated,
it was repealed by a circular dated June ^, 1865.
September 25, 1862, in a circular to the diplo-
matic and consular officers, the requirement relative
to the number of persons who might travel on one
passport was modified so as to include only a hus-
band, wife, and minor children.
September i, 1873, the Department issued a cir-
cular of General Instructions in Regard to Pass-
ports.
GENERAL INSTRUCTIONS IN REGARD TO PASSPORTS.
Department of State, U. S. A.,
Washington^ September z, i8'/j.
Citizens of the United States visiting foreign countries
are liable to serious inconvenience if unprovided with
authentic proof of their national character. The best
safeguard is a passport from this Department, certifying
the bearer to be a citizen of the United States. Pass-
ports are issued only to citizens of the United States upon
application supported by proof of citizenship.
Citizenship is acquired by nativity, by naturalization,
and by annexation of territory. An alien woman who
marries a citizen of the United States thereby becomes
a citizen. Minor children resident in the United States
become citizens by the naturalization of their father.
Evidence Required Before Issuing. 55
The oath of allegiance to the United States, as pre-
scribed by law, will be required in all cases where a re-
newal is required of a passport issued prior to the year
1 86 1. In an application for the renewal of a passport the
original need not be returned ; a reference to its date and
number will be sufficient.
When the applicant is a native citizen of the United
States, he must transmit an affidavit of this fact, signed
by him, stating his age and place of birth, and sworn to by
himself and one other citizen of the United States, named
therein, to whom he is personally known and to the best
of whose knowledge and belief the declaration made by
him is true.
This affidavit must be attested by a notary public,
under his signature and seal of office. When there is no
notary in the place, the affidavit may be made before a
justice of the peace or other officer authorized to admin-
ister oaths, but if he has no seal his official act must be
authenticated by a certificate of the court.
If the applicant be a naturalized citizen, his application
for a passport must be accompanied by a certified copy of
the record of naturalization (commonly called certificate
of naturalization) from the court in which the naturaliza-
tion was granted, and he must state under oath that he is
the identical person described in the certificate presented.
The wife or widow of a naturalized citizen must trans-
mit a certificate of the record of her husband's naturaliza-
tion, stating under oath that she is such wife or widow.
The children of a naturalized citizen must transmit a
certificate of the record of the father's naturalization,
stating under oath that they are such children and were
minors at the time of such naturalization.
The application should be accompanied by a descrip-
tion of the person, stating the following particulars, viz:
56 The American Passport.
Age: years. Stature: feet, inches (English meas-
ure). Forehead: . Eyes: . Nose: . Mouth:
Chin: . Hair: . Complexion: . Face:
When the applicant is to be accompanied by his wife,
minor children, or servants, it will be sufficient to state
the names and ages of such persons and their relationship
to the applicant. A woman's passport may also include
her minor children and servants.
The oath of allegiance to the United States, as pre-
scribed by law, will be required in all cases.
When husband, wife, minor children, and servants ex-
pect to travel together, a single passport for the whole
will suffice. For any other person in the party a separate
passport will be required.
A new passport will be expected to be taken out by
every person whenever he or she may leave the United
States, and every passport must be renewed, either at this
Department or at a legation or consulate abroad, within
two years from its date.
Certificates of citizenship or passports issued by State
authorities or by judicial or municipal functionaries of the
United States are not recognized by the officers of foreign
governments; and by the twenty-third section of the act
of Congress approved on the i8th of August, 1856, it is
made penal for such authorities and functionaries to issue
such passports.
In issuing passports to naturalized citizens, the Depart-
ment will be guided by the naturalization certificate, and
the signature to the application and oath of allegiance
should conform in orthography to that in the naturali-
zation paper.
Military service does not of itself confer citizenship. A
person of alien birth who has been honorably discharged
from military service in the United States, but who has
Evidence Required Before Issuing. 57
not been naturalized, should not transmit his discharge
paper in application for a passport, but should apply to
the proper court for admission to citizenship, and trans-
mit a certified copy of the record of such admission.
A person born abroad, but whose father was a native
citizen of the United States, must state under oath that
his father was born in the United States and was a citizen
thereof at the time of the applicant's birth. This affi-
davit must be supported by that of one other citizen
acquainted with the facts.
Passports may be issued by the diplomatic representa-
tives of the United States in foreign countries. The
minister is required to charge a fee of five dollars for
each passport issued from his legation. No fee is charged
for passports issued by the Secretary of State.
To persons wishing to obtain passports for themselves,
blank forms of application will be furnished by this De-
partment on request, stating whether the applicant be a
native or naturalized citizen. Forms are not furnished,
except as samples, to those who make a business of pro-
curing passports.
Communications should be addressed to the Depart-
ment of State, indorsed ** Passport Bureau," and each
communication should give the post-office address of the
person to whom the answer is* to be directed.
Professional titles will not be inserted in passports.
Passports can not be issued to aliens who have only
declared their intention to become citizens.
April I, 1879, another circular was issued. The J**'^^^^ ^^^^
paragraph concerning the duration of a passport was
changed to read :
A passport is good for two years from its date, and no
longer. A new one may be obtained by stating the date
58 The American Passport,
and number of the old one, paying the fee of five dol-
lars, and furnishing satisfactory evidence that the ap-
plicant is at the time within the United States. The oath
of allegiance must also be transmitted when the former
passport was issued prior to r86r.
The paragraph relating to the fee was made to
conform to the law imposing a tax of five dollars on
every citizen's passport :
By act of Congress approved June 20, 1874, a fee of ^v^
dollars is required to. be collected for every citizen's pass-
port. That amount should accompany each application.
Postal money orders and bank checks should be payable to
the Disbursing Clerk of the Department of State. Checks
to be available for the full amount must be drawn on
banks at principal business centers. Individual checks
must be certified by the banks upon which they are drawn.
Except in the above p^irticulars and in the order
of the paragraphs and a few verbal changes, the cir-
cular of 1879 was the same as that of 1873. These
circulars required fuller and more convincing proof
of citizenship than had been exacted before.
j'une^lris^sa. J^uc I, 1 882, auothcr edition of the circular of in-
structions was issued, but it did not differ from the
circular of 1879. ^^ 1888 another circular appeared.
The requirement that the application should be
supported by the affidavit of another person was
modified, and a certificate was declared to be suffi-
cient. The following requirement was added :
Every applicant is required to state his occupation and
the place of his permanent legal residence, and to declare
that he goes abroad for temporary sojourn and intends to
Evidence Required Before Issuing. 59
return to the United States for the purpose of residing
and performing the duties of citizenship therein.
The act of March 23, 1888, having reduced the^5Stat.,45.
fee for a passport from five dollars to one dollar, the
circular required :
That amount in currency, postal money order, or postal
note should accompany each application. Orders should
be payable to the Disbursing Clerk of the Department of
State.
A circular issued in 1880 contained, in reference circular
^ ' of 1889.
to the fee, the statement, ** Drafts or checks are in-
convenient and undesirable," but was, in other re-
spects, the same as the circular of the year before.
The requirements of the different circulars quoted
will sufficiently indicate the changes in the forms of
the applications and the evidence required. In i888|^riSdm^"
1888
new forms were prescribed by the Department,
which, so far as the form for a naturalized citizen
and a person claiming citizenship through the natu-
ralization of a husband or parent were concerned,
required additional statements which had never
been required before, and which were not fully in-
dicated by the circular of instructions of that year.
It was accordingly superseded by the ** Rules gov-
erning applications for passports," prescribed by
Secretary Olney September 15, 1896, now in force.
RULES GOVERNING APPLICATIONS FOR PASSPORTS. Rules of 1896.
The following rules are prescribed for applications for
passports :
I. To citizens only. — The law forbids the granting of a
6o The American Passport.
passport to any person who is not a citizen of the United
States. — Revised Statutes^ sec, 40J6.
2. Who are citizens. — All persons born in the United
States and subject to the jurisdiction thereof are citizens
of the United States.
So are all children born out of the limits and jurisdic-
tion of the United States whose fathers were at the time
of their birth citizens thereof.
An alien woman, with certain exceptions, who marries
a citizen of the United States acquires his citizenship.
An alien, having complied with the requirements of
law, may become a citizen by naturalization before a court
having competent jurisdiction.
Minor children, resident in the United States, become
citizens by the naturalization of their father.
The widow and minor children of an alien who dies
after he has declared his intention of becoming a citizen
of the United States and before he has secured naturali-
zation are considered as citizens of the United States
upon taking the oaths prescribed by law.
J. Who may issue passports. — Under the law, passports
can be issued in the United States only by the Secretary
of State. In a foreign country they may be issued by the
chief diplomatic representative of the United States; or,
in the absence of a diplomatic representative, by a consul-
general; or, in the absence of both, by a consul. — Revised
Statutes.^ sees. 4oy^^ 40^8.
4. Applications. — A citizen of the United States desiring
to procure a passport must make a written application, in
the form of an affidavit, to the Secretary of State.
If he is temporarily abroad, he must apply to the near-
est diplomatic representative of the United States; or, in
the absence of a diplomatic representative, to the highest
consular officer of the United States. The necessary affi-
Evidence Required Before Issuing. 6i
davit may be made before a consular officer of the United
States.
In this country the affidavit must be attested by an
officer duly authorized to administer oaths. If he has no
seal, his official character must be authenticated by cer-
tificate of the proper legal officer.
If the applicant signs by mark, two attesting witnesses
to his signature are required.
Every applicant is required to state the date and place
of his birth, his occupation, and the place of his perma-
nent residence, and to declare that he goes abroad for
temporary sojourn and intends to return to the United
States with the purpose of residing and performing the
duties of citizenship therein.
Every applicant must take the oath of allegiance to the
Government of the United States.
Every application must be accompanied by a descrip-
tion of the person applying, stating the following partic-
ulars, viz: Age, years; stature, — feet — inches
(English measure) ; forehead, ; eyes, ; nose, ;
mouth, ; chin, -^ — ; hair, ; complexion, ;
face, .
Every application must be accompanied by a certificate
from at least one credible witness that the applicant is
the person he represents himself to be, and that the facts
stated in the affidavit are true to the best of the witness's
knowledge and belief.
5. Native citizens. — The application containing the in-
formation indicated by rule 4 will be sufficient evidence
in the case of native citizens.
6. A person born abroad whose father was a native citizen of
the United States, — In addition to the statements required
by rule 4, his application must show that his father was
born in the United States, has resided therein, and was a
62 The American Passport.
citizen at the time of the applicant's birth. The Depart-
ment may require that this affidavit be supported by that
of one other citizen acquainted with the facts.
7. Naturalized citizens. — In addition to the statements
required by rule 4, a naturalized citizen must transmit his
certificate of naturalization, or a duly certified copy of the
court record thereof, with his application. It will be
returned to him after inspection. He must state in his
affidavit when and from what port he emigrated to this
country, what ship he sailed in, where he has lived since
his arrival in the United States, when and before what
court he was naturalized, and that he is the identical per-
son described in the certificate of naturalization. The
signature to the application should conform in orthog-
raphy to the applicant's name as written in the naturali-
zation paper, which the Department follows.
8, The wife or widow of a naturalized citizen. — In addition
to the statements required by rule 4, she must transmit
for inspection her husband's naturalization certificate,
must state that she is the wife or widow of the person
described therein, and must set forth the facts of his em-
igration, naturalization, and residence, as required in the
rule governing the application of a naturalized citizen.
p. The child of a naturalized citizen claiming citizenship
through the naturalization of the father. — In addition to the
statements required by rule 4, the applicant must state
that he or she is the son or daughter, as the case may be,
of the person described in the naturalization certificate,
which must be submitted for inspection, and must set
forth the facts of his emigration, naturalization, and resi-
dence, as required in the rule governing the application
of a naturalized citizen.
10. Expiration of passport. — A passport expires two years
from the date of its issuance. A new one will be issued
Evidence Required Before Issuing. 63
upon a new application, and, if the applicant be a natu-
ralized citizen, the old passport will be accepted in lieu of
a naturalization certificate, if the application upon which
it was issued is found to contain sufficient information as
to the emigration, residence, and naturalization of the
applicant.
//. Wife, minor children, and servants. — When an appli-
cant is accompanied by his wife, minor children, or ser-
vant, being an American citizen, it will be sufficient to
state the fact, giving the respective ages of the children
and the citizenship of the servant, when one passport will
cover the whole. For any other person in the party a sep-
arate passport will be required. A woman's passport may
include her minor children and servant under the above-
named conditions.
12, Professional titles. — They will not be inserted in pass-
ports. There are no exceptions to this rule.
I J. Fee. — By act of Congress approved March 23, 1888,
a fee of one dollar is required to be collected for every
citizen's passport. That amount in currency or postal
money order should accompany each application. Orders
should be payable to the Disbursing Clerk of the Depart-
ment of State. Drafts or checks will not be received.
14. Blank forms of application.^ — They will be furnished
by the Department to persons who desire to apply for pass-
ports, upon their stating whether they are native or nat-
uralized citizens or claim through the naturalization of
husband or father. Forms are not furnished, except as
samples, to those who make a business of procuring pass-
ports.
75. Address. — Communications should be addressed to
the Department of State, Passport Division, and each com-
munication should give the post-office address of the per-
son to whom the answer is to be directed.
64 The American Passport,
Blank forms, ^hc thrcc blank forms of application adopted in
1889 ^'^d now in use are given below. They differ
very slightly from the blanks used in 1888 :
[Edition of 1889.] [form for native citizen.] [Form No. 203.]
No. . Issued .
State of
UNITED STATES OF AMERICA.
\
County of . \
I, , a native and loyal citizen of the United
States, hereby apply to the Department of State, at Wash-
ington, for a passport for myself, accompanied by
as follows : , born at on the — day of ,
18 , and .
I solemnly swear that I was born at , in the State
of , on or about the — day of , i8 ; that my
father is a citizen of the United States; that I am
domiciled in the United States, my permanent residence
being at , in the State of , where I follow the
occupation of ; that I am about to go abroad tem-
porarily; and that I intend to return to the United States
, with the purpose of residing. and performing the
duties of citizenship therein.
OATH OF ALLEGIANCE.
Further, I do solemnly swear that I will support and
defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith
and allegiance to the same ; and that I take this obligation
freely, without any mental reservation or purpose of eva-
sion: So help me God.
Sworn to before me this — day of , i8 .
Notary Public,
Evidence Required Before Issuing.
65
DESCRIPTION OF APPLICANT.
Age:
Stature :
years,
feet —
inches, Eng.
Forehead :
Eyes:
Nose:
Mouth :
Chin: -
Hair: -
Complexion:
Face:
IDENTIFICATION.
18
I hereby certify that I know the above-named
personally, and know him to be a native-born citi
zen of the United States, and that the facts stated in his
affidavit are true to the best of my knowledge and belief.
[Address of witness.]
Applicant desires passport sent to following address:
[Edition of 1889.]
No.
[PORM FOR NATURALIZED CITIZEN.]
Issued
UNITED STATES OF AMERICA.
State of
:|
ss.
County of
I, , a naturalized and loyal citizen of the
United States, hereby apply to the Department of State,
at Washington, for a passport for myself, accompanied by
as follows: , born at , on the — day
of , 18 , and .
I solemnly swear that I was born at , on or about
the — day of , r8 ; that I emigrated to the United
States, sailing on board the , from , on or
about the — day of
A p 5.
,18 ; that I resided — years.
66 The American Passport.
uninterruptedly, in the United States, from to ,
at ; that I was naturalized as a citizen of the United
States before the court of at on the —
day of , 1 8 , as shown by the accompanying cer-
tificate of naturalization; that I am the identical person
described in said certificate; that I am domiciled in the
United States, my permanent residence being at ,
in the State of , where I follow the occupation of
; that I am about to go abroad temporarily; and
that I intend to return to the United States , with
the purpose of residing and performing the duties of citi-
zenship therein.
OATH OF ALLEGIANCE.
Further, I do solemnly swear that I will support and
defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith
and allegiance to the same; and that 1 take this obligation
freely, without any mental reservation or purpose of eva-
sion: So help me God.
Sworn to before me this — day of , i8
Notary Public.
DESCRIPTION OF APPLICANT.
Age : years. Mouth : .
Stature: feet, inches, Eng. Chin: .
Forehead: . Hair: .
Eyes: . Complexion: .
Nose: . Face: .
IDENTIFICATION.
I hereby certify that I know the above-named
personally, and know h — to be the identical per-
son referred to in the within-described certificate of natu-
Evidence Required Before Issuing. 67
ralization, and that the facts stated in h — affidavit are
true to the best of my knowledge and belief.
[Address of witness.]
Applicant desires passport sent to following address:
[Edition of 1889.]
[form for person claiming citizenship through naturalization of husband or
PARENT.]
No. . Issued .
UNITED STATES OF AMERICA.
State of , )
County of . )
I, , a naturalized and loyal citizen of the
United States, hereby apply to the Department of State,
at Washington, for a passport for myself, accompanied by
my wife, , and minor children, as follows:
, born at on the — day of ,
18 : and .
I solemnly swear that I was born at on or about
the — day of , i8 ; that my emigrated
to the United States, sailing on board the from
, on or about the — day of , i8 ; that he
resided — years, uninterruptedly, in the United States,
from to , at ; that he was naturalized
as a citizen of the United States before the court
of , at , on the — day of , i8 , as
shown by the accompanying certificate of naturalization ;
that I am the of the person described in said cer-
tificate; that I have resided in the United States, uninter-
ruptedly, for — years, from to , at ;
that I am domiciled in the United States, my permanent
residence being at , in the State of , where I
68
The American Passport.
follow the occupation of
that I am about to go
abroad temporarily; and that I intend to return to the
United States with the purpose of residing and
performing the duties of citizenship therein.
OATH OF ALLEGIANCE.
Further, I do solemnly swear that I will support and
defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith
and allegiance to the same; and that I take this obligation
freely, without any mental reservation or purpose of eva-
sion: So help me God.
Sworn to before me this — day of
18
Notary Public.
DESCRIPTION OF APPLICANT.
Age:
Stature :
Forehead :
Eyes:
Nose:
years,
feet-
inches, Eng.
Mouth:
Chin: -
Hair: -
Complexion
Face:
IDENTIFICATION.
I hereby certify that I know the above-named
personally, and know h — to be the of the
person referred to in the within-described certificate of
naturalization, and that the facts stated in h — affidavit
are true to the best of my knowledge and belief.
[Address of witness.]
Applicant desires passport sent to following address:
CHAPTER V.
OATH OF ALLEGIANCE.
It will be noticed that the circular of 1873 stated ^"''p-s^
that an oath of allegiance to the Constitution of the
United States was required from all applicants for
passports, but this requirement had really gone into Pnor to 1861
effect in 1 86 1. It is not improbable that it was since 1861.
originally intended to be temporary, to continue in
force only during the civil war; but the propriety
of exacting a promise to support the Government
from everyone who might ask from it the protec-
tion of a passport has been recognized by successive
Secretaries of State since the war. The form of
oath required was the same as that prescribed by the
act approved August 6, 1861, for persons assuming " stat.. 326.
federal office. It first appears upon an application
dated August 31, 1861. The law of May 13, 1 884, ^^^-^sut.,
modified the form of oath of allegiance; but it was*" ^^'^""^
not until the blank forms of application of 1888
were issued that the modified oath was used inJJ^*^^
passport applications, the first one bearing date
August 15.
The oath required from 1861 to 1888 was as fol-
lows :
I, , do solemnly swear that I will support, old form.
protect, and defend the Constitution and Government of
69
70 The American Passport.
the United States against all enemies, whether domestic
or foreign ; and that I will bear true faith, allegiance, and
loyalty to the same, any ordinance, resolution, or law of
any State, convention, or legislature to the contrary not-
withstanding; and, further, that I do this with a full deter-
mination, pledge, and purpose, without any mental reser-
vation or evasion whatever; and, further, that I will well
and faithfully perform all the duties which may be re-
quired of me by law: So help me God.
The oath in use since 1 888 is as follows :
f^rm^"^ Further, I do solemnly swear that I will support and
defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith
and allegiance to the same ; and that I take this obligation
freely, without any mental reservation or purpose of eva-
sion : So help me God.
Affirmation. Persons who prefer making an affirmation to tak-
ing an oath have always been permitted to do so ;
but from time to time there have been applications
for passports from members of religious sects, who,
from conscientious scruples, have been unwilling to
Reservation, takc thc oath without expressing some reservation
tending to invalidate it. The practice toward these
citizens was not uniform. Sometimes they were
granted passports, and sometimes they were refused.
The question was finally settled October 7, 1897, by
a Department letter, in which it was stated that the
Modified^ Government had no disposition to deny to any loyal
citizen traveling or sojourning abroad in lawful pur-
suit of his business or pleasure the protection of a
passport, nor to place upon him any requirements
Oath of Allegiance. 71
of application for a passport repugnant to his con-
science or the free exercise of his religious belief,
but that an oath of allegiance containing any altera-
tion or addition tending to invalidate it could not
be accepted. The following form would, however,
be deemed sufficient :
Further, I do solemnly swear that I will support and
defend the Government of the United States against all
enemies, foreign and domestic ; that I will bear true faith
and allegiance to the same; that I owe allegiance to no
other government ; and that I take this obligation freely,
without any mental reservation or purpose of evasion : So
help me God.
CHAPTER VI.
FEE FOR ISSUING A PASSPORT.
II Stat, 60. The act of August 18, 1856, required that there
Fee in 1856. s}^Q^JJ [y^ j^q charge for issuing passports in this
country, and in foreign countries the fee was not to
No |ee prior cxcccd onc doUar. But, whatever the practice may
have been in the case of passports issued by our
agents abroad, the Department had never, so far as
can be ascertained, made any charge for issuing
passports; nor would such a charge have been
warranted in the absence of any law permitting or
^«/^, pp. 46, prescribing it. The circulars of 1845, 1846, and
1857 stated that passports would be issued gratis.
The form of passport used in 1796 contained the
word ** gratis" printed upon it; so did that of 181 7.
posf, p. 77. It was omitted in 1820, restored in 1833, ^^d since
12 Stat, 472. 1857 has been omitted. The act of July i, 1862,
Fee in 1862.
**to provide internal revenue to support the Gov-
Ante^ pp. 25, ,
29 emment and to pay mterest on the public debt,"
provided that after June 30, 1862, there should be
collected the sum of three dollars for every pass-
port issued by the Department of State, the amount
to be paid to any collector appointed under the act,
and his receipt forwarded to the Secretary of State
with the application for passport. Ministers and
72
Fee for Issuing a Passport. 73
consuls were to charge the same amount, account-
ing for the funds directly to the Department. The
act of June 30, 1864, increased the fee to five dol- 13 stat, 276.
lars, both at home and abroad, the method of^^^^"'^^^
collecting being the same as before. The receipts,
being sent to the Secretary of State, were in turn
transmitted by him to the Commissioner of In-
ternal Revenue, by whom they were charged to the
collector's account. The act of July 14, 1870, **to»6Stat.,267.
reduce internal taxes, and for other purposes," pro- ^^^"'^7°
vided that the tax on passports should cease Octo-
ber I, 1870. The appropriation act of June 20, is stat, 90.
1874, ordered that a fee of five dollars should be^^^*"'^^^
collected for each citizen's passport issued by the
Department. An account of the fees was to be
kept, and the amount collected paid into the Treas-
ury at least quarterly. April 30, 1878, an act was 20 stat., 240.
approved directing: the Secretary of State to issue no fee in 1878
* * " ^ to certain
passports free of charge to colored Americans going peopTe"^
to Brazil to work on the Madera and Mamore Rail-
way. March 23, 1888, the fee was reduced to the 25 stat., 45.
present rate of one dollar. Since that date diplo-
matic and consular officers have been, under Ex-
ecutive order, obliged to charge the same official fee
as the Department.
While no fee for a passport was officially coI-J^pt^p^^
lected up to 1862, there had been, during the ad-
ministration of Timothy Pickering, an irregular and
unofficial charge made by the clerks in the Depart-
ment for making out passports. When the facts
74
The American Passport.
i6 Stat., 368,
369-
Passport
clerk to ad-
minister
oaths free.
were learned by the Secretary he dismissed the two
clerks implicated in the transaction.*
An act approved February 2, 1870, prescribed
that **the clerk in the Department of State who
may from time to time be assigned to the duty
of examining applications for passports is hereby
authorized and empowered to receive and attest,
but without charge to the applicant, all oaths, affi-
davits, or affirmations which are or may be required
by law or by the rules of the Department of State,
to be made before granting such passport or pass-
ports ; and such oaths, affidavits, or affirmations shall
be deemed to be made under the pains and penalties
of perjury." Before the date of this act, it may be
that the passport clerk, having also an appointment
as a notary public, exacted the regular notarial fee
from such applicants for passports as made affidavit
before him.
*See Upham's Life of Pickering, vol. iii, p. 308, et seq. The follow-
ing is the story of this, one of the few cases of dishonest practices by
Government clerks:
A certain dry goods merchant of Philadelphia, a native of Scotland,
called at the Department of State November 12, 1796, to obtain a
passport, and was shown into an office where he found a "gentleman
alone," who made out the passport and handed it to him. Upon ask-
ing what was the charge, he was told, "There is no particular sum
charged; it is left to the people's generosity." He accordingly laid
down five dollars, which the gentleman " pocketed, rose, saw the mer-
chant to the door, and made a low bow." The merchant did not know
Pickering, and the latter's enemies hearing of the transaction, en-
deavored to make it appear that it was the Secretary himself who had
received the money. The incident was printed January 24, 17^7, in
the chief opposition newspaper. The Aurora, as evidence of Pickering's
dishonesty. He made an investigation, from which it appeared that
the merchant had dealt with "a lusty man, a clerk in the office of the
Secretary of State." The clerk implicated an associate, and both were
dismissed.
CHAPTER VII.
DURATION OF THE PASSPORT.
The early returns of passriorts issued by ourEariy
•^ *■ *■ -^ passports.
ministers and consuls abroad, show that many of
them, being granted for a specific voyage or jour-
ney, terminated after their purpose was accom-
plished. General passports contained no notice of
their limitation. But in the Department circular
of 1845 it was announced that a new passport must^«^^. p. 46.
be procured each time a citizen might go abroad. Re^SL^tlons,
1868, par. 706.
As long as he remained in foreign lands, he was q^^ ^^^ ^ne
expected to renew his passport at a legation or
consulate annually. By the circular of September Good for two
years.
I, 1873, the duration of the passport was limited
to two years, and since early in 1892 the statement
'*Good only for two years from date" has been
printed upon each passport issued.
Up to 1889 a new passport was issued to a person Renewal,
who held an old one simply upon the receipt of the
old passport and a certificate that the holder was
at the time within the United States. This prac-
tice, however, was found to be a fruitful source of
imposition upon the Department. Unscrupulous unscrupulous
^ ^ * * procurement.
persons while still abroad would send their old pass-
ports to agents in this country, who would present
them to the Department, at the same time leading it
75
76 The American Passport.
to suppose, often by false statements, that the origi-
nal holder was in this country at the time the appli-
cation for renewal was made. Accordingly, in 1893,
the renewal of passports was stopped, and since
then a new application has been required in each
case where a new passport is desired.
^SJ^rt. These remarks are applicable to the regular pass-
port. The special passport contains no statement
upon its face of the length of its duration ; but, gen-
erally speaking, it may be said to be subject to the
same limitations as the ordinary passport.
CHAPTER VIII.
WORDING AND PICTORIAL FEATURES OF THE PASSPORT.
The first passport found in the records of the Form in 1796.
Passport Division is dated July 8, 1796. It is on a
printed form, and there is every reason to suppose
that similar documents had been issued by the De-
partment from the organization of the Government.
It was apparently sent to the Department with re-
quest for its renewal. It is as follows :
To all to whom these presents shall come, Greeting: Passport
Letters,
The Bearer hereof, Francis Maria Barrere a citizen of n°- '•
the United States of America, having occasion to pass into
foreign countries about his lawful affairs, these are to
pray all whom it may concern, to permit the said Francis
Maria Barrere (he demeaning himself well and peaceably)
to pass wheresoever his lawful pursuits may call him,
freely and without let or molestation in going, staying or
returning, and to give him all friendly aid and protection,
as these United States would do to their citizens in the
like case.
In faith whereof I have caused the seal of the
Department of State for the said United States
_ _ to be hereunto affixed. Done at Philadelphia,
[seal.]
this eighth day of July in the year of our Lord
1796, and of the Independence of these States
the Twenty first.
Timothy Pickering
(Gratis.) Secretary of State,
77
78 The American Passport.
This is indorsed :
The within mentioned Francis Maria Barrere has pre-
sented this passport to me this day, the fourteenth of
August, being on his way to Madrid.
Given under my hand in this city of Cadiz the day above
mentioned in the year 1796.
Jos. M. YZNARDI,
Consul for the U, S. of Am.
The record for 181 7 shows that this form was
changed so as to include in the body of the pass-
port a description of the person of the holder :
Form in 1817. UNITED STATES.
Passports, To all to whom these presents shall come, Greetiner:
No. 2. ' 7 o
The bearer hereof, William Dall, jun., aged twenty-two
years, or thereabout, of the height of five feet, ten inches,
light complexion, brown hair, gray eyes, has a scar on the
left cheek, one on left eye brow, and one on the forefinger
of the right hand,
(whose name is here repeated in his own hand writing, vi^.)
a citizen of the United States of America, having occasion
to pass into foreign countries about his lawful affairs,
these are to pray all whom it may concern to permit the
said
(he demeaning himself well and peaceably) to pass where-
soever his lawful pursuits may call him, freely and without
let or molestation, in going, staying or returning, and to
give to him all friendly aid and protection, as these United
States would do in like cases.
In faith whereof, I have caused the seal of the
Department of State, for the said United States
Wording and Pictorial Features. 79
_ _ to be hereunto affixed. Done at the City of Wash-
[SEAL.J
ington, this thirtieth day of October in the year
of our Lord, 181 7 and of the Independence of
these States the forty-second.
(Gratis. ) Secretary of State.
The record for 1820 shows a further change, the
description being placed on one side, and the word-
ing being shorter. The form has undergone no ma-
terial change since. It will be noticed that the word
** Gratis" is omitted; but in a passport of later date
(May 14, 1833) it is found restored, and later (1857)
omitted, as it has been ever since.
No. 2.
UNITED STATES OF AMERICA. Form in 1820.
To all to whom these presents shall come, Greeting: Passports,
No. 4.
I, the undersigned. Secretary of State
of the United States of America,
* hereby request all whom it may con-
Stature, feet, \
Inches Eng. f ^^^^» ^^ P^^"'^^' "^^^^^ ^^^ ^^^^^^^
forehead ^^ pass, Walter Livingston — a citizen
Eyes, of the United States, and, in case of
Nose, need, to give him all lawful aid and
"^^^^*^' protection.
Given under my hand and the im-
hair,
, pression of the Seal of the De-
cora plexion, ^
face partment of State, at the City of
Signature of the Bearer Washington, the ninth day of Sep-
[sEAL.] tember, 1820, in the 45 year of the
Independence of the United States.
The wording of the passport now in use has been ^^^^^.p- 28,
already quoted. It differs from the wording of the
8o The American Passport.
passport of 1820 only in the insertion of the words
** Department of State;" in the arrangement of the
wording in the body of the passport; in a slight
change of the recital, ''Given under my hand" etc. ;
and in the insertion at the top of the words, '' Good
only for two years from date."
Size of first Thc first printed form of a passport is about the
passport. ^ V V
size of a modern letter sheet and has no ornamenta-
cutattop. tion whatever. In 181 7 a new form contained a
small cut of the American arms at the top. The
eagle, however, is portrayed with the head turned in
the wrong direction; with six, instead of thirteen,
arrows in the dexter, instead of sinister, talon ; hav-
ing a shield on his breast with eighteen, instead of
thirteen, pales; alternate gules and argent, instead
of argent and gules.
In 1833. In 1833 appeared a large, engraved passport,
about one-third smaller than the one now in use.
The effigy at the top is a displayed eagle, his head
turned to the left, bearing upon his breast a lyre,
with the motto upon it, ** Nunc Sidera Ducit."*
*I have been unable to ascertain the origin of this motto. Mr.
Henry Livingston Thomas, Translator of the Department, suggests
the following as a possible explanation of its source:
Statius, in the sixth book of the Thebaid, verse 360, uses the words
"quis sidera ducat." The poet is describing the obsequies of Arche-
morus, son of Lycurgus, King of Nemea, in which Apollo takes part
with song and the lyre. Statius thus describes Apollo's song:
Tunc aperit, quis fulmen agat, quis sidera ducat
Spiritus, unde animi fluviis, quae pabula ventis,
Quo fonte immensum vivat mare, quae via soles
Praecipitet, noctem quae porrigat, imane tellus,
An media, et rursus mundo succinta latenti.
A note from Prof. Charles Eliot Norton, of Havard, says:
**0ur professors of latin can not trace 'nunc sidera ducit* t« its
Wording and Pictorial Features. 8 1
Thirteen stars surround the eagle, and thirteen stars
of varying magnitude, forming the constellation
Lyra, are upon the lyre and the eagle's breast and
wings. The Department seal is engraved (not im-
pressed) and bears the legend ** Secretary of State's
Office," and under it is the engraver's name, **W. I.
Stone, script, et sculpt. Washington, D. C."* In
1872 another form is found without any effigy at i" '872.
the top and with the engraved seal bearing the
legend ** Department of State." The engravers'
names are given, **Philp & Solomons, Washington."
The plate in use in 1875 contained no ornamenta- in 1875.
tion, and the engraved seal was omitted.
In 1877 another effigy was used, composed of a in 1877.
group — a seated female figure holding a battle-ax,
an American shield, and an eagle having a scroll in
his beak with the motto ** E pluribus unum" on it.
It was executed by the Bureau of Engraving and
Printing.
The device now used was adopted in 1 889. It con-
sists of an eagle with spread wings and open beak
(^furiosant, heraldically speaking), perched upon
a horizontal flagstaff, the American flag flowing
behind. This, also, was designed by the Bureau
of Engraving and Printing.
source. They doubt if it comes from any classical author. It may
come from some one of the belated Latins, or from some Renaissance
Latinist, or be a pure invention."
* This was the same engraver who made a facsimile of the Declara-
tion of Independence by direction of Secretary John Quincy Adams
in the winter of 1823-24. It was distributed by the Department June
12, 1824. (See Annals of Congress, first session, vol. i, p. 912; 4 Stat.,
p. 78; Department circular, June 12, 1824.)
A P 6.
CHAPTER IX.
PASSPORTS ISSUED ABROAD.
Limited
passports.
The archives, beginning in 1796, show that niany
of the passports issued abroad by our legations in
London and Paris were for a limited period, which
was stated in the passport, most of them being for
three months, some for six months, and a few for one
year. Still fewer were for an indefinite period.
After 1808 many were granted **to depart," and the
RcfiTisterof destination of the recipient was stated. It would
Passports, r^
appear from the entries made that evidence of iden-
tity was exacted before the passports were issued,
and that they were given, in the earlier days at any
rate, only to citizens of the United States. The
first recorded passport issued abroad is as follows :
1796-18x2.
/V>*/, p. 85.
First
passport
I Passport
Letters.
William Allen Deas, Charge des Affaires of the United
States of America at the Court of Great Britain.
I do hereby certify,
That Samuel Potts — sixty years of age. Five feet eight
inches in height, blue eyes, ordinary sized mouth, large
Nose, high Forehead, bald, fair Complexion, gray Hair,
and long Face, is a citizen of the United States of America
and as such is entitled to all the privileges to that charac-
ter belonging. This certificate to avail during the Voyage
upon which Mr. Potts i§ on the point of embarking for the
United States.
Given under my Hand and the Seal of Legation at
London this twenty seventh day of October 1795.
Wm. Allen Deas. [seal.]
82
Passports Issued Abroad. 83
There is a letter on file from Samuel Bayard to LmSr'^
Rufus King (minister to England) introducing
George Washington Talbot, who is going to France.
A memorandum appears, ** Granted passport. 7.
Oct. 96 for three months."
The following is in printed form :
No. 1135. James Monroe, Ministre Plenipotentiaire ^^s {^^^^^p"**'
Etats-Unis d'TAmerique, pres la Republique Fran9aise.
Je prie tous ceux qui sont A. prier, de laisser passer libre-
ment et en toute suret6 John Bryant Cap*® de navire age
de trente cinq ans, taille de cinq pieds deux pouces,
^- cheveux et sourcils chatains bruns yeux gris bleus nez
< retrousse bouche moyeienne menton rond front bas visage
^ rond Citoyen Atn6ricain, allant A. divers lieux de la repub-
^ lique francaise, sans lui donner, ni souffrir qu'il soit
donn6 ancun empechement; mais de lui accorder au con-
traire tous les secours qui sont en leur prevoir: en conse-
quence de quoi j'ai sign6 le present Passe-port, valable
pour trois mois et j'y ai fait apposer le Sceau de la Lega-
tion.
Donne a Paris, le 12 Octobre 1796 — 25 Vende-
miarel'an 5™®, Tan 25™® de la Republique Ameri-
[SEAL.J
caine.
Jas. Monroe
At the bottom is written the following :
Le Ministre des relations exterieures Certifie que la
signature cy dessus est celle du C. Monroe, ministre pl6ni-
potentiare des Etats unis d'Am^rique aupres de la repub-
lique frangaise. A Paris le Vendemiare an 5 de la Re-
publique frangaise.
Ch. Delairoix.
FsEAL OF ministry"! r> 1 xir'^' J.
L FoR.RELs. J Par le Ministre
84
The American Passport.
I Passport
Letters.
I Passport
Letters.
I Passport
Letters.
An example of the letters sent to the legation
in London is as follows :
George Astor, of Cornhill, London, Merchant, maketh
oath and faith that John Jacob Astor, of the City of New
York in the United States of America, Merchant, is a citi-
zen of the United States.
George Astor.
Sworn at Guildhall London 7 of March 1797 Before me
Brook Watson,
Mayor,
Among the papers is the following in printed
form:
Frederick Jacob Wichelhausen,
Consul of the United States of America at the Port of
Bremen.
These are to certify that the bearer hereof, Mr. Richard
Johns, 21 years of age, 5 feet 7}^ Inches high, with light
Hair and light Complexion, having produced certificates
of his being an American Citizen belonging to and born
at Georgetown, State of Maryland, I do in consequence
thereof grant him this Pass to prevent his receiving any
Molestation in the legal pursuit of his Business, & do re-
quest all whom it may concern to afford him every assist-
ance and Comfort.
Given under my hand and Seal of office this i8th day
of September, One thousand Seven Hundred and ninety
seven.
[seal.] Fred: Jacob Wichelhausen.
Consuls certified to citizenship on a printed form :
American Consulate )
London )
I Samuel Williams, Consul of the United States of
Passports Issued Abroad. 85
America, do hereby certify, that Martin Henderson Park-
inson is an American citizen.
Witness my hand and the seal of the Con-
[sEAL.] sulate, at London, this nth day of September,
1799.
S. Williams
Martin Henderson Parkinson
It appears from drafts of letters that King re-
fused passports to those who were not American
citizens.
Many of the letters to him were from citizens
landed at Dover, who wrote from that point re-
questing passports to permit them to proceed to
London, as they were detained in Dover by the
British authorities.
Several of the following appear :
American Consulate, London. ; Passport
' Letters.
I, George W. Ewing, Consul of the United
Aged States of America, do hereby certify That
^0^0^ a description of whose person is in the
Weig t margin, is a citizen of the said United States.
_ si' Given under my hand and Consular Seal
Eyes ? ♦ ^
j^^gg I this day of in the year of our Lord
Mouth o 1803 and of the Independence of the United
Chin g* States the Twenty seventh.
[seal.] George W. Ewing.
Hair fi
The eighth section of the act of February 28, 1803, 2 stat.,
provided that if any consul, vice-consul, commercial
agent, or vice-commercial agent should knowingly
issue a passport or other paper to an alien, certify-
ing him to be a citizen of the United States, he
205.
86 The American Passport.
should be punished by a fine not to exceed one
instrortions thousand dollars. The General Instructions to
to Consuls,
1855, par. 249. ^j^^ Consuls and Commercial Agents of the United
States, published in 1855, added to this the penalty
of deprivation of office. The personal instructions of
1853 to our diplomatic agents did, however, permit
the granting of passports, under ** special circum-
iisut.,61. stances,*' to aliens. The act of 1856 made the
offense a misdemeanor punishable by a fine of not
more than five hundred dollars and imprisonment
for not more than a year.
The instructions which have been sent from time
to time to our agents abroad have required that they
should exact from applicants for passports proof of
citizenship the same in character as that required by
the home office. The force and effect of passports
issued by them should, therefore, be substantially the
same as of passports issued by the Department.
Nevertheless, passports issued at Washington have
.4«/^, p.47. usually commanded a greater certainty of recogni-
tion than those issued abroad, and travelers have
been advised to secure them in this country. In
the Consular Regulations of 1856, and in subse-
quent editions, until that of 1870, it was stated:
Regulations ** Passports granted by the Secretary of State secure
Officers,
par. 403.
not accorded to those issued by diplomatic officers,
consuls-general, or consuls.''
II Stat., 61. Until the act of 1856 prohibited a consular officer
from issuing a passport in a country where there
Officers, 1856, ^^ ^^ bearers facilities from foreign governments
Passports Issued A broad. 8 7
was a diplomatic agent, except during the latter's
absence, passports were granted by consuls as a reg-
ular part of their duties; but June i, 1853, Secretary Ji^^^'J*'"'
Marcy issued a circular ordering that whenever there
was a legation and consulate in the same place, the
former only should issue passports. The form pre-^ri£f^*'
scribed for legations and consulates was the same,
mutatis mutandis^ as that used in the Department ;
but from 1870 to 1885 it was permitted to issue
what was known as a ** qualified passport." It was^jj^^^^
fifiven to those citizens whose parentae^e was Ameri- consular
^ r o Regulations,
can, but who were themselves born abroad. In addi- '^^o^par. us.
tion to the statements found in the regular passport
it contained the following: **But the right of the
said to ask of the United States, its officers
and agents, such aid and protection is limited and
qualified by the obligations and duties which attach
to him [or her] under the laws of the Kingdom
[Empire or Republic] of (his [or her] father
then being a citizen of the United States) and where
he [or she] now resides."
June 29, 1885, the Department issued a circular J^^^^^*^'
setting forth the views of the Solicitor, Francis Whar-
ton, LL. D., on the subject of this regulation, and
it was definitely ordered to be annulled, the citizens
to whom it was intended to apply being placed there-
after in the same category with other citizens.
From 1856, till the Consular Regulations now g^^coosuiar
in force went into effect in 1896, a consul-general ''^'^ '*°^'
Consular
or, in his absence, a consul had authority to issue J^"^!,^.^"^^.
88 The American Passport.
passports in colonies; but the Regulations of 1896
prohibited, generally, consular officers from issuing
passports, unless specifically authorized so to do by
the Department, this prohibition not, however, ex-
tending to the issuing of passports by a consular
officer during the temporary absence from a country
of the diplomatic representative. More than forty
consular officers now have the specific authority re-
quired by the regulations.
As the evidence upon which a passport is issued
abroad is substantially the same as that required by
the Department in Washington, so is the prescribed
form of application almost identical ; but additional
statements are required to show when the applicant
last left the United States, whether he already has a
passport, that he has not been refused one on a pre-
vious application, and for what purpose he desires a
passport.
PART II
DIGEST OF LAWS, RULINGS, AND REGULATIONS
GOVERNING THE ISSUANCE OF PASSPORTS BY
THE DEPARTMENT OF STATE
89
DIGEST OF LAWS, RULINGS, AND
REGULATIONS.
Unless otherwise speciBed, the references are to the volumes of
press-copied letters in the Passport Division,
ACCOMPANYING PERSON IN A PASSPORT.
One passport may include the wife, minor chil-
dren, and American servant of the holder. If the
servant is not of American birth, his citizenship
must be established in the usual way. A woman's
passport may include her minor children and serv-
ant under the above-named conditions. Grand-
children, nieces or nephews, mothers, and others not
the children of the applicant can not be included in
his passport; and the term servant is held not to
include a governess, tutor, etc. But an elder
brother's passport may include his minor brothers
of tender years, and a guardian may take his ward.
The tutor will require a separate passport, upon affi- Voi. v, p. 7,
davits furnished in accordance with the inclosed instruc-
tions.
I have to say that the oldest of the three persons re-Voi. vUi,
ferred to should execute the requisite affidavits, when a ^^' '^' '^®^"
passport will be issued to him and made to include his
minor brothers
91
92 The American Passport.
Vol. viii, The passport to Mr. Mackey can be made to include
Mar. '17, 1884. his ^ife^ but not his mother.
Oct* ^'^1886°' ^*^^ word ** governess," as generally employed and un-
derstood, does not indicate a servant within the meaning
of the passport instructions.
Aug!'7,'?8|r' '^^^ Secretary of State has made a rule that servants
who are not citizens of the United States shall not be
included in passports,
Vo^xi". It will be necessary, before a passport can be issued for
ar. 24, 1896. ^j^^ nurse, that her citizenship be established. As it ap-
pears from the application that she was born in France,
her certificate of naturalization as a citizen of the United
States should be sent to this Department; but if she is a
citizen of France, it is suggested that she may obtain the
necessary information relative to her procuring a French
passport from the consul of France in Boston.
Voi.xiv, jn regard to your request that it be inserted in your
ay 21, 1896. p^sspQj.^. i-hat you are accompanied by your pupil, Charles
P. Bispham, you are informed that one passport can only
include the wife, minor children, or servants of the per-
son to whom it is issued.
Rules gov- When an applicant is accompanied by his wife, minor
erning appli-
cationsfor children, or servant, beiner an American citizen, it will be
passports, ? » o '
sufficient to state the fact, giving the respective ages of
the children and the citizenship of the servant, when one
passport will cover the whole. For any other person in
the party a separate passport will be required. A woman's
passport may include her minor children and servant under
the above-named conditions.
1896
Digest — Agents for Passports, 93
AGENTS FOR PASSPORTS.
The Department does not employ such officers.
Notaries public and others sometimes assume the
title, but it is misleading and objectionable. Nor
are applicants required to make use of any interme-
diary agent in procuring passports from the Depart-
ment. When they do so, the Department declines
to regulate the amount of fee which may be charged.
I have to inform you that the only charge made upon Voi. i, p. 143,
^ J ^ ^ Nov. 3, 1868.
passports by the United States Government is the tax,
which is duly collected according to law. (See vol. 13,
p. 176, sec. 106, of the United States Statutes at Large.)
It is not necessary to employ any agent, as passports can
always be obtained by direct application to this Depart-
ment on furnishing the evidence of loyalty and citizen-
ship required by law. Nor is any delay customary, as
passports are invariably issued on the same day that the
application and evidences of citizenship are received.
It is observed that the card accompanying: your note of Vol. iv, p. 119,
^ ^ ^ J May 20, 1873.
the 19th instant represents you as United States Govern-
ment passport agent.
The use of such title by any person is considered very
objectionable, from its liability to mislead the public into
the belief that the person so designated is an agent em-
ployed by the Government for the purpose of furnishing
passports, whereas no such official is employed outside of
the Department.
The sum of five dollars received with Mr., Fish's affidavit Voi.vU,
p- 218,
is the only money collected by this DepartrRent or author- ^^p^' ^' ^^^^•
ized by it to be collected on account of his passport.*
The present fee is one dollar.
94 ^^^ American Passport.
~ ~ ' ' ■ ' ■- — ■ ■ — ■ — m ' ' ■ .-i^.i ■■».. ■ ■-■■ ■
When an application has been perfected before a proper
officer, in accordance with the inclosed ** general instruc-
tions," it is optional with the applicant whether he com-
municates directly with the Department or eniploys an
attorney or "agent" to transmit the paper for him. In
the latter case, the Department can not undertake to
decide what may be a reasonable fee for such service.
Vol. vii, I have to say that applicants for passports are frequently
J 1.478,
an. la, 1881. \^^ ^q suppose that this Department is in some way re-
sponsible for the fidelity and efficiency of persons who
call themselves **U. S. passport agents." The Govern-
ment has no such ** agents. " The assumed title is mis-
leading and therefore objectionable.
Vol. xvi. Your letter of the 13th instant requesting that John G.
Sept. 14, 1886. Eustis, of New Orleans, be appointed special passport
agent for that city has been received. In reply, I have to
inform you that the Department does not make such ap-
pointments. The ** agents" referred to as having been
appointed for the city of New York are simply notaries
public who advertise themselves as ** passport agents,"
but have no connection with this Department.
ALTERATIONS IN PASSPORT.
If any alteration is to be made in the passport it
should be made by the Department, and not by the
person to whom it is issued.
vd. xiii It is not considered proper for a passport to undergo
Mar. 3o» 1896. ^ alteration or addition after it has been issued.
Digest — Chinese, Application By. 95
APPLICATION, BY WHOM MADE.
(See also Insane Person and Minors,)
One person can not apply for a passport for an-
other, except in the case of a minor who is too
young to understand the nature of an oath, or an
insane person or person of unsound mind who is
incapacitated from fulfilling the usual requirements.
It would appear from your statement that they desired Voi. xUi,
p- 478,
passports for their wives, and not for themselves; but the ^p*"- "' '^•
passport regulations do not contemplate that one person
should make application for another person.
CHINESE, APPLICATION BY.
People of the Mongolian race born in China can
not legally secure naturalization as American citi-
zens, and consequently can not receive American
passports. But Chinese birth of parents not Mon-
golian is not a bar to securing American citizenship.
I have to state that by the act of Conerress in 1882 the Vol. x, p. 425,
Dec. 22, 1890.
courts are forbidden to admit natives of China to citizen-
ship in this country; and the Department is unable to
issue a passport to a Chinese subject whom it has been
sought to naturalize against the plain inhibitions of the
law.
The Secretary of State is authorized by law to issue Voi.xi,p.399,
Sept. 14, 1894.
passports to citizens of the United States ; but the courts
having held that the naturalization of Chinese subjects is
96 The American Passport.
without warrant of law, the Department is constrained to
deny Mr. Barroto's application.
If, however, Mr. Barroto makes affidavit that his parents
were not of the Mongolian race and accompanies it by the
affidavits of two well-known and reputable citizens of
the community in which he lives, who have personal
knowledge of the facts, his application will be considered.
VoK xii, I have to inform you that people of the Mongolian race,
, 1895. j^Qj.j^ jj^ China, can not become naturalized American citi-
zens and are not entitled to passports from this Govern-
ment.
juiy*^i&>6^' From the fact of his birth, from his personal descrip-
tion, and from the statement made in your letter it is fair
to presume that he is of the Mongolian race. The law
relative to naturalization (sec. 2169, Revised Statutes,
U. S.) provides that it shall apply only to aliens ** being
free white persons, and to aliens of African nativity and
to persons of African descent," and it has been held by
the federal courts of the United States and accepted as
a rule of conduct of this Department that the Chinese,
being of the Mongolian race, are neither white persons
nor Africans and can not properly receive naturalization
as American citizens.
CITIZENSHIP.
{^See also Expatriation.)
A passport is in its terms a statement that the
holder is a citizen of the United States, and it is a
violation of law to issue one to a person who is not
a citizen of the United States. In all cases, there-
fore, the Department requires an applicant for a
Digest — Citizenship by A nnexation, 9 7
passport to clearly establish his citizenship before
the document is issued.
Broadly speaking, there are three classes of Amer-
ican citizens : those whose citizenship is acquired by
birth ;• those of alien birth who have acquired citi-
zenship under the naturalization laws; those who
have become citizens by annexation of territory.
No passport shall be granted or issued to or verified RS., sec
for any other persons than citizens of the United States.
* * * Or if any consular officer who shall be author- r. s., sec.
4078.
ized to grant, issue, or verify passports shall knowingly
and willfully grant, issue, or verify any such passport to
or for any person not a citizen of the United States, he
shall be imprisoned for not more than one year, or fined
not more than five hundred dollars, or both ; and may be
charged, proceeded against, tried, convicted, and dealt
with therefor in the district where he may be arrested or
in custody.
Citizenship is acquired by birth, by naturalization, and General in-
r ^ J ^ J ^ stnictions m
by annexation of territory. ^SJ^its,
1889.
CITIZENSHIP BY ANNEXATION OF TERRITORY.
Inhabitants of East and West Florida became Florida,
citizens of the United States when the territory was
purchased from Spain in 182 1.
Residents of Texas and the territory acquired bywexkoand
the treaty of Guadalupe Hidalgo became citizens
of the United States by virtue of the annexation,
if they did not elect otherwise. The same rule
A P 7.
98 The American Passport.
applies to residents in the territory embraced in the
Gadsden purchase.
Alaska. Russian subjects in Alaska, if they did not re-
turn to Russia within three years after the Alaska
purchase, became American citizens.
SpafnfFeb** '^^^ inhabitants of the territories which His Catholic
Majesty ceded to the United States, by this treaty, shall
be incorporated in the Union of the United States, as soon
as may be consistent with the principles of the Federal
Constitution, and admitted to the enjoyment of all the
privileges, rights, and immunities of the citizens of the
United States. — Article VI ^ Florida purchase.
9 Stat., I. All the laws of the United States are hereby declared
to extend to and over, and to have full force and effect
within, the State of Texas, admitted at the present session
of Congress into the Confederacy and Union of the United
States. — Act of December ^p, 184^.
Treaty with Thosc who shall prefer to remain in the said territories
Mexico, July
4, 1848. j^^y. eitiiei- retain their title and rights of Mexican citizens,
or acquire those of citizens of the United States. But they
shall be under the obligation to make their election within
one year from the date of the exchange of ratifications of
this treaty; and those who shall remain in said territories
after the expiration of that year, without having declared
their intention to retain the character of Mexicans, shall
be considered to have elected to become citizens of the
United States. — Article VIII ^ Guadalupe Hidalgo.
Treaty with All the provisions of the eighth and ninth, sixteenth and
Mexico, June
30, 1854. seventeenth articles of the treaty of Guadalupe Hidalgo
shall apply to the territory ceded by the Mexican Republic
in the first article of the present treaty, and to all the
rights of persons and property, both civil and ecclesias-
Digest — Citizenship by Nativity, 99
tical, within the same, as fully and effectually as if the
said articles were herein again recited and set forth. —
Article F, Gadsden purchase.
All persons who were citizens of Texas at the date of y op. An.
Gen., 397.
annexation, viz, December 29, 1845, became citizens of the
United States by virtue of the collective naturalization
effected by the act of that date. — Wharton's Dig. Int. Law^
vol. ii^ p. 4JI.
. The inhabitants of the ceded territory, according to Convention
with Russia.
their choice, reserving their natural allegiance, may return June 20, 1867.
to Russia within three years; but if they should prefer to
remain in the ceded territory, they, with the exception of
uncivilized native tribes, shall be admitted to the enjoy-
ment of the rights, advantages, and immunities of citizens
of the United States, and shall be maintained and pro-
tected in the free enjoyment of their liberty, property, and
religion. — Article III, Alaska purchase.
I have to say that the power **to establish an uniform voi. ii, p. i.j6,
rule of naturalization " is in Congress exclusively, no ves-
tige of it remaining in the States; that the treaty ceding
Alaska gave its inhabitants three years in which to elect
whether they would reserve their natural allegiance and
return to Russia or be admitted to the rights of citizens
of the United States; that a Russian subject is entitled to
become naturalized in the legal mode, irrespective of birth
or residence in Alaska. I return herewith the ** certificate
of Californian citizenship."
CITIZENSHIP BY NATIVITY.
All persons born in the United States, except
such as are born in foreign embassies or legations
and Indians untaxed, are natural-born citizens of
lOO The American Passport,
the United States; and a person born abroad whose
father was at the time of his birth a citizen of
By marriage, the United States is himself a citizen. A woman
who might acquire citizenship in her own right ac-
quires it when she marries an American. American
birth, irrespective of the parents' nationality, con-
fers American citizenship ; and no act of the father
can deprive the son of the rights given him by his
dfiSP^^ birth. An adopted child, however, does not acquire
the citizenship of its adopted parents.
u. s. ConsL, All persons born or naturalized in the United States,
14th amend.
and subject to the jurisdiction thereof, are citizens of the
United States and of the State in which they reside.
All persons born in the United States and not subject
to any foreign power, excluding Indians not taxed, are
declared to be citizens of the United States.
All children heretofore born or hereafter born out of the
limits and jurisdiction of the United States, whose fathers
were or may be at the time of their birth citizens thereof,
are declared to be citizens of the United States ; but the
right of citizenship shall not descend to children whose
fathers never resided in the United States.
R. s.,sec. Any woman who is now or may hereafter be married to
a citizen of the United States and who might herself be
lawfully naturalized shall be deemed a citizen.
R. s.,sec. All persons who deserted the military or naval service
1996.
of the United States and did not return thereto or re-
port themselves to a provost-marshal within sixty days
after the issuance of the proclamation by the President,
dated the nth day of March, 1865, are deemed to have
voluntarily relinquished and forfeited their rights of citi-
zenship, as well as their right to become citizens; and
R. S.
, sec
1992.
R. S.
,sec
1993-
Digest — Citizenship by Nativity, i o I
such deserters shall be forever incapable of holding any
office of trust or profit under the United States, or of
exercising any rights of citizens thereof.
No soldier or sailor, however, who faithfully served ac- ^- ^^ ***^-
cording to his enlistment until the 19th day of April, 1865,
and who, without proper authority or leave first obtained,
quit his command or refused to serve after that date,
shall be held to be a deserter from the Army or Navy;
but this section shall be construed solely as a removal of
any disability such soldier or sailor may have incurred
under the preceding section by the loss of citizenship and
of the right to hold office in consequence of his desertion.
A citizen of the United States can not, by adopting a Wharton's
Diff Int. Law,
child of foreign nationality, confer on such child the privi- vof a, p. 394.
leges of citizenship in the United States. — Mr. Fish to Mr.
Read^ January 6, i8y2.
Your letter of the 13th, inquiring **if a boy born here Vol. iv, p. 224,
Oct. 2, 1873.
is a citizen before he is twenty-one years of age" has been
received.
In reply I refer you to the fourteenth amendment to the
Constitution of the United States, in which is the follow-
ing provision: **All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State in which
they reside."
It appears that you claim American citizenship upon the Voi. vin,
p. 268,
ground that your father was a citizen of the United States '^«*>- ^3, 1883.
at the time of your birth.
In such case, your application for a passport would need
to be supported by proof of your citizenship equivalent to
that which would be required of him (by the *' general in-
structions") if he were in the United States applying
for a passport for himself. If you are unable to furnish
I02 The American Passport,
such proof, it will be impossible, under the existing laws
and regulations, to supply you with a passport.
For. Reis., The existing provisions of law on the subject are
r888, p. 48. *
found —
(a) In section i of the act of Congress of April 9, 1866
(now section 1992 of the Revised Statutes), which pro-
vides that —
**A11 persons born in the United States and not subject
to any foreign power, excluding Indians not taxed, are
declared to be. citizens of the United States."
(/;) In section i of the fourteeenth amendment to the
Constitution of the United States, proposed to the States
June 16, 1866, and promulgated July 21, 1868, it is pro-
vided that —
**A11 persons born or naturalized in the United States
and subject to the jurisdiction thereof are citizens of the
United States and of the State wherein they reside."
I find the following statement in an instruction of Mr.
Marcy, then Secretary of State, to Mr. Mason, our minister
to France, dated June 6, 1854:
'*In reply to the inquiry which is made by you in the
same letter, whether 'the children of foreign parents born
in the United States^ but brought to the country to which
the father is a subject and continuing to reside within the
jurisdiction of their father's country, are entitled to pro-
tection as citizens of the United States,' I have to observe
that it is presumed that, according to the common law,
any person born in the United States, unless he be born
in one of the foreign legations therein, may be consid-
ered a citizen thereof until he formally renounces his
citizenship. There is not, however, any United States
statute containing a provision upon this subject, nor, so
far as I am aware, has there been any judicial decision in
regard to it."
Digest — Citizenship by Nativity, 103
The Attorney-General of the United States on the i8th
of July, 1859, gave it as his opinion that **a free white
person born in this country of foreign parents is a citizen
of the United States." (p Op. Att. Gen,, 373.)
Constitutional provisions or statutes in this relation
subsequent to these dicta will, of course, control; and
questions arising thereunder must be considered upon the
facts presented in actual cases in which a ruling becomes
necessary, giving due heed to the general principle that
the right of election of citizenship commonly pertains to
the individual himself on becoming j«/y/^r/V. — Mr. Bayard
to Mr. de Bounder de Melsbroech, April 2, j888.
At the time of his birth his father was the minister of For. Reis.,
i8qi, p. w.
the Netherlands at this capital and had married an Amer-
ican woman. In 1871 the family removed to Europe, and
they have successively resided in Stockholm, St. Peters-
burg, and Vienna, at each of which places Mr. Mazel, sr.,
has served his Government in a diplomatic capacity. You
state that it is now young Mr. Mazel's 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 a
period of five years and performing the ordinary condi-
tions of naturalization.
The Department of State is of opinion that Mr. Mazel
can enjoy the privileges of citizenship in the United States
only after naturalization in the ordinary way. Section
1992 of the Revised Statutes of the United States reads
as follows:
**A11 persons born in the United States and not subject
to any foreign power * * * ^j.^ declared to be citizens
of the United States.'*
There has been not a little diversity of opinion as to the
104 The American Passport.
scope to be given to the words **not subject to any for-
eign power" in the section just quoted, but it does not
appear ever to have been doubted that the child of a dip-
lomatic officer came within the class whose birth in the
United States did not warrant a claim to citizenship. In
this relation it is proper to refer to the case of McKay vs,
Campbell, 2 Sawyer, 118, in which it is stated that the
** children of ambassadors" form an exception to the rule
as to persons being born in the allegiance of a sovereign
who are born on his soil. It 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. — Mr, Wharton to Mr. Grant ^ August 10^ iSpi.
Vol. xiii, Referring to your letter of March 23, relative to the
Mar. 30, i8g6. issuance of passports to two minor children born in this
country of alien parents, you are informed that passports
may be issued to them if it is bona fide their intention
to return tu this country and make it their permanent
domicile.
Vol. XV, The Department has received your letter of June 8,
June 10, i8j6. £j.qj^ which it would appear that you were born in this
country, but that your birth was recorded in the consulate
of France in New York City, your father having been a
French citizen at the time of your birth. You state/ how-
ever, that you have always lived in this country, have con-
sidered yourself an American citizen, and, it is presumed,
intend to return here after a temporary sojourn abroad.
In reply you are informed that your application for
passport may be made as a native American citizen, and,
the facts being as stated in your letter, a passport will be
issued to you.
Memoran- Mr. wishes to obtain a passport; he is the son
dum of Sohc- *^ *^^ '
i'^'.^"^^""' o^ Germans who lived in this country from 1874 to 1880,
Digest — Citizenship by Naturalization. 105
when they emigrated back to Germany. He was born on
the 31st of January, 1876, as shown by his birth certificate.
In 1892 he returned to this country and lived here unin-
terruptedly to this date. Now he desires to pay his
parents a visit of a few months. He is under the impres-
sion that his father while in this country was naturalized.
He is a native-born citizen of the United States.
It is well settled by numerous decisions of our federal Mcmoran-
<* dum of Solic-
courts that birth in the United States confers American {^r,'i^^™"
citizenship, irrespective of the nationality of the parents.
Guttin was born here, and upon his application he was
properly granted a passport as a citizen of the United
States. * * *
Whether the father returned to France, or whether he
ever resumed French allegiance, is not material, so far as
our laws are concerned. No act of the father can deprive
the son of the status acquired by his birth in the United
States. As to the son's own acts after he arrived at
majority: While the fact that he submitted to a military
examination before the French consul and received a
French *Mivet" may be deemed by the French Govern-
ment a sufficient election of French nationality, this can
not, it seems to me, in view of his birth and residence
here — continued long after he reached the age of twenty-
one — and his application for a passport as a citizen of the
United States, be regarded by us as a renunciation of
American citizenship.
CITIZENSHIP BY NATURALIZATION.
A person of alien birth may become an American
citizen by complying with the naturalization laws.
His rights, so far as this Government is concerned, Rights of
^ naturalized
are then the same as those of a native-born citizen. ^*'"^"'*
io6
The American Passport.
Declaration
of intention.
Wife.
Minor
children.
Mother's
naturali-
zation.
African
extraction.
Mongolian.
A ntCy p. 95.
Indians.
Posi^ p. 146.
Fraudulent
naturali-
zation.
R. S., sec.
2165.
If he dies after he has declared his intention to be-
come a citizen and before his citizenship has been
accomplished, his widow and minor children may
become citizens upon taking the necessary oaths.
A wife becomes a citizen by her husband's natu-
ralization, if she might herself be lawfully natural-
ized.
Minor children become citizens by their parents'
naturalization.
When a woman marries an alien, she ceases to be
entitled to American protection. When the father
has died without becoming naturalized and the
mother secures naturalization, her minor children
become citizens.
The foregoing remarks apply to free white per-
sons and persons of African nativity and descent, and
not to persons of the Mongolian race or to Indians,
or to other races which are neither white nor African.
A passport is prima facie evidence that the per-
son holding it, while traveling abroad, is a citizen of
the United States; and the agents of foreign gov-
ernments are expected to so receive it. If, however,
they have good reason to believe that the certificate
of naturalization on the strength of which it was
issued was fraudulently obtained, then the govern-
ment granting it may be requested to investigate its
validity.
An alien may be admitted to become a citizen of the
United States in the following manner, and not otherwise :
First. He shall declare on oath, before a circuit or dis-
Digest — Citizenship by Naturalization, 107
trict court of the United States, or a district or supreme
court of the Territories, or a court of record of any of
the States having common-law jurisdiction, and a seal and
clerk, two years, at least, prior to his admission, that it is
bona fide his intention to become a citizen of the United
States, and to renounce forever all allegiance and fidelity
to any foreign prince, potentate, state, or sovereignty, and,
particularly, by name, to the prince, potentate, state, or
sovereignty of which the alien may be at the time a citi-
zen or subject.
Second. He shall, at the time of his application to be
admitted, declare, on oath, before some one of the courts
above specified, that he will support the Constitution of
the United States, and that he absolutely and entirely re-
nounces and abjures all allegiance and fidelity to every
foreign prince, potentate, state, or sovereignty ; and, par-
ticularly, by name, to the prince, potentate, state, or sov-
ereignty of which he was before a citizen or subject;
which proceedings shall be recorded by the clerk of the
court.
Third. It shall be made to appear to the satisfaction
of the court admitting such alien that he has resided within
the United States five years at least, and within the State
or Territory where such court is at the time held, one
year at least; and that during that time he has behaved
as a man of a good moral character, attached to the prin-
ciples of the Constitution of the United States, and well
disposed to the good order and happiness of the same;
but the oath of the applicant shall in no case be allowed
to prove his residence.
Fourth. In case the alien applying to be admitted to
citizenship has borne any hereditary title, or been of any of
the orders of nobility in the kingdom or state from which
he came, he shall, in addition to the above requisities
io8 The American Passport.
make an express renunciation of his title or order of
nobility in the court to which his application is made,
and his renunciation shall be recorded in the court.
Fifth. Any alien who was residing within the limits and
under the jurisdiction of the United States before the
twenty-ninth day of January, one thousand seven hundred
and ninety-five, may be admitted to become a citizen on
due proof made to some one of the courts above specified,
that he has resided two years, at least, within the juris-
diction of the United States, and one year, at least, im-
mediately preceding his application, within the State or
Territory where such court is at the time held; and on
his declaring on oath that he will support the Constitution
of the United States, and that he absolutely and entirely
renounces and abjures all allegiance and fidelity to any
foreign prince, potentate, state, or sovereignty, and, par-
ticularly, by name, to the prince, potentate, state, or sov-
ereignty whereof he was before a citizen or subject; and,
also, on its appearing to the satisfaction of the court, that
during such term of two years he has behaved as a man
of good moral character, attached to the Constitution of
the United States, and well disposed to the good order
and happiness of the same; and where the alien, applying
for admission to citizenship, has borne any hereditary title,
or been of any of the orders of nobility in the kingdom or
state from which he came, on his, moreover, making in
the court an express renunciation of his title or order of
nobility. All of the proceedings, required in this condi-
tion to be performed in the court, shall be recorded by
the clerk thereof.
Sixth. Any alien who was residing within the limits and
under the jurisdiction of the United States, between the
1 8th day of June, one thousand seven hundred and ninety-
eight, and the eighteenth day of June, one thousand eight
Digest — Citizenship by Naturalization, 1 09
hundred and twelve, and who has continued to reside
within the same, may be admitted to become a citizen of
the United States without having made any previous
declaration of his intention to become such; but when-
ever any person, without a certificate of such declaration
of intention, makes application to be admitted a citizen,
it must be proved to the satisfaction of the court, that
the applicant was residing within the limits and under the
jurisdiction of the United States before the eighteenth
day of June, one thousand eight hundred and twelve, and
has continued to reside within the same; and the resi-
dence of the applicant within the limits and under the
jurisdiction of the United States, for at least five years
immediately preceding the time of such application, must
be proved by the oath of citizens of the United States,
which citizens shall be named in the record as witnesses;
and such continued residence within the limits and under
the jurisdiction of the United States, when satisfactorily
proved, and the place where the applicant has resided for
at least five years, shall be stated and set forth, together
with the names of such citizens, in the record of the court
admitting the applicant; otherwise the same shall not en-
title him to be considered and deemed a citizen of the
United States. [Be it enacted by the Senate and House
of Representatives of the United States of America i^n
Congress assembled. That the declaration of intention to
become a citizen of the United States, required by section
two thousand one hundred and sixty-five of the Revised
Statutes of the United States, may be made by an alien
before the clerk of any of the courts named in said sec-
tion two thousand one hundred and sixty-five; and all
such declarations heretofore made before any such clerk
are hereby declared as legal and valid as if made before
one of the courts named in said section.]
I lo The American Passport,
Sidier*^^^*^ Any alien, of the age of twenty-one years and upward,
R. s., sec. who has enlisted, or may enlist, in the armies of the United
2166.
States, either the regular or the volunteer forces, and has
been, or may be hereafter, honorably discharged, shall be
admitted to become a citizen of the United States, upon
his petition, without any previous declaration of his inten-
tion to become such ; and he shall not be required to prove
more than one year's residence within the United States
previous to his application to become such citizen; and
the court admitting such alien shall, in addition to such
proof of residence and good moral character, as now pro-
vided by law, be satisfied by competent proof of such per-
son's having been honorably discharged from the service
of the United States.
Minor under Any alien, being under the age of twenty-one years, who
^&^- has resided in the United States three years next preced-
R.^^.,sec. .^^ j^.^ arriving at that age, and who has continued to
reside therein to the time he may make application to be
admitted a citizen thereof, may, after he arrives at tne
age of twenty-one years, and after he has resided five
years within the United States, including the three years
of his minority, be admitted a citizen of the United States,
without having made the declaration required in the first
condition of section twenty-one hundred and sixty-five;
but such alien shall make the declaration required therein
at the time of his admission; and shall further declare, on
oath, and prove to the satisfaction of the court, that, for
two years next preceding, it has been his bona fide inten-
tion to become a citizen of the United States; and he shall
in all other respects comply with the laws in regard to
naturalization.
Widows and When any alien, who has complied with the first condi-
children.
R s sec ^^^^ specified in section twenty-one hundred and sixty-
^^^' five, dies before he is actually naturalized, the widow and
Digest — Citizenship by Naturalization, 1 1 1
the children of such alien shall be considered as citizens
of the United States, and shall be entitled to all rights
and privileges as such, upon taking the oaths proscribed*
by law.
The provisions of this Title shall apply to aliens [being Africans,
free white persons, and to aliens] of African nativity and ^g^' ^*^'
to persons of African descent.
No alien shall be admitted to become a citizen who has Residence,
not for the continued term of five years next preceding hisRS.isec.
admission resided within the United States.
No alien who is a native citizen or subject, or a denizen Alien enemy,
of any country, state, or sovereignty with which the United RS.,sec.
States are at war, at the time of his application, shall be
then admitted to become a citizen of the United States;
but persons resident within the United States, or the Ter-
ritories thereof, on the eighteenth day of June, in the year
one thousand eight hundred and twelve, who had before
that day made a declaration, according to law, of their
intention to become citizens of the United States, or who
were on that day entitled to become citizens without mak-
ing such declaration, may be admitted to become citizens
thereof, notwithstanding they were alien enemies at the
time and in the manner prescribed by the laws heretofore
passed on that subject; nor shall anything herein con-
tained be taken or construed to interfere with or prevent
the apprehension and removal, agreeably to law, of any
alien enemy at any time previous to the actual naturaliza-
tion of such alien.
The children of persons who have been duly naturalized Minors.
under any law of the United States, or who, previous to ^S' sec.
the passage of any law on that subject, by the Govern-
ment of the United States, may have become citizens of
any one of the States, under the laws thereof, being under
* Error in the roll; should be "prescribed,"
I 12
The American Passport.
Police court
of District of
Columbia.
K. d>f sec>
2173-
Seamen.
X^a ^*9 sec*
2174.
Record of
seamen.
4588.
the age of twenty-one years at the time of the naturalization
of their parents, shall, if dwelling in the United States, be
considered as citizens thereof; and the children of persons
who now are, or have been, citizens of the United States,
shall, though born out of the limits and jurisdiction of the
United States, be considered as citizens thereof; but no
person heretofore proscribed by any State, or who has
been legally convicted of having joined the army of Great
Britain during the Revolutionary War, shall be admitted
to become a citizen without the consent of the legislature
of the State in which such person was proscribed.
The police court of the District of Columbia shall have
no power to naturalize foreigners.
Every seaman, being a foreigner, who declares his inten-
tion of becoming a citizen of the United States in any com-
petent court, and shall have served three years on board
of a merchant-vessel of the United States subsequent
to the date of such declaration, may, on his application to
any competent court, and the production of his certificate
of discharge and good conduct during that time, together
with the certificate of his declaration of intention to be-
come a citizen, be admitted a citizen of the United States;
and every seaman, being a foreigner, shall, after his dec-
laration of intention to become a citizen of the United
States, and after he shall have served such three years, be
deemed a citizen of the United States for the purpose of
manning and serving on board any merchant-vessel of the
United States, anything to the contrary in any act of Con-
gress notwithstanding; but such seamen shall, for all pur-
poses of protection as an American citizen, be deemed
such, after the filing of his declaration of intention to be-
come such citizen.
The collector of every district shall keep a book or books,
in which, at the request of any seaman, being a citizen of
Digest — Citizenship by Naturalization. 1 1 3
the United States of America, and producing proof of his
citizenship, authenticated in the manner hereinafter di-
rected, he shall enter the name of such seaman, and shall
deliver to him a certificate, in the following form, that is
to say: **I, A. B., collector of the district of D., do hereby
certify, that E. F., an American seaman, aged years,
or thereabouts, of the height of feet inches,
(describing the said seaman as particularly as may be,)
has, this day, produced to me proof in the manner directed
by law ; and I do hereby certify that the said E. F. is a cit-
izen of the United States of America. In witness whereof,
I have hereunto set my hand and seal of office, this
day of ." It shall be the duty of the collectors to
file and preserve the proofs of citizenship so produced.
For each certifitate so delivered the collectors shall be
entitled to receive from the seaman applying for the same
the sum of twenty-five cents.
Your letter of the 20th instant askine for information Minor under
-^ ^ 18 years of
in regard to the naturalization of persons who may have^^^*
J • ^i-' ^ J • ^1 • • -^ • J Vol. i, p. 106,
arrived in this country during their minority, accompanied Nov. 30, i86i.
by a copy of Judge Hilton's decision in the case of William
Morrison, has been received. In reply, I have to state
that the section of the act of May 26, 1824, seems fully to
meet the case to which you refer. By the provisions of
the section referred to, a person who may have arrived in
this country during his minority may become a citizen of
the United States, independent of the fact of his father's
naturalization, after he arrives at the age of twenty-one
years and after he shall have lived fivt, years within the
United States, without making the usual declaration of
intention two years before his admission. Any such per-
son, therefore, can present himself before any of the courts
and procure his certificate of naturalization, at any time,
provided he makes '*the declaration required in the first
A p 8.
114 T^ American Passport.
condition of the first section of the act of April 14, 1802,
and further declare, on oath, and prove to the satisfaction
of the court that for three years next preceding it has been
his bona fide intention to become a citizen of the United
States," and shall in all other respects comply with the
laws in regard to naturalization.
28 Stat., 124. Any alien of the age of twenty-one years and upward
who has enlisted or may enlist in the United States Navy
or Marine Corps, and has served or may hereafter serve
five consecutive years in the United States Navy or one
enlistment in the United States Marine Corps, and has
been or may hereafter be honorably discharged, shall be
admitted to become a citizen of the United States upon
his petition, without any previous declaration of his inten-
tion to become such; and the court admitting such alien
shall, in addition to proof of good moral character, be
satisfied by competent proof of such person's service in,
and honorable discharge from, the United States Navy or
Marine Corps.
Mother's I have to acknowledge receipt of your letter of the 19th
naturali-
zation, instant, in which you make inquiry as to the value of the
Apr. 25^187?! mother's certificate of naturalization in the application for
a passport of a person of foreign birth whose father died
without having procured complete naturalization papers,
but whose mother was duly naturalized while yet a widow
and while the applicant was a minor.
In reply, I have to state that in such case the mother's
naturalization papers would suffice in place of the father's.
Married In an opinion, June 4, 1874 (14 Op. Att. Gen., 402), Attor-
women.
ney-General Williams, responding to inquiries put by Mr.
1893, p- 599. Fish, then Secretary of State, recites the above opinion
and also two others (one being a North Carolina deci-
sion), and concludes that the authorities he cites **go to
Digest — Citizenship by Naturalization. 115
the extent of holding that, irrespective of the time or
place of marriage or the residence of the parties, any free
white woman, not an alien enemy, married to a citizen
of this country, is to be taken and deemed a citizen of the
United States."
Although not questioning the doctrine thus broadly
enunciated, yet, in view of the obstacles to claiming for
the laws, judicial decisions, and executive opinions of the
United States effective validity beyond the jurisdiction of
the United States, this Department prudently refrains
from asserting its application to the case of an alien wife
continuing within her original allegiance at the time of her
husband's naturalization in the United States, inasmuch
as the citizenship of the wife might not be effectively
asserted as against any converse claim of the soveignty
within which she has remained. The result would natu-
rally be a conflict of private international law, wherein the
state within whose actual jurisdiction the wife remains
might be found to have the practical advantage of the
argument. — Mr, Foster to Mr. Thompson^ February p, i8gj.
First. It is conceded that the passport of the citizen of \^^^^^^ ^f
either government, native or naturalized, not bearing*^*""" ^'^'
upon its face the insignia of its own invalidity, can not be 1894, p. 37.'
called in question by the municipal, district, and inferior
officers of the [Austrian] government, but that such paper
is prima facie evidence of the facts therein stated and
must be respected as such. If the subordinate officers
of the government have suspicions of the fraudulent
character of the paper presented, they may report the
fraud or irregularity alleged to some tribunal, if any,
having competent authority under the rules of interna-
tional law to determine the same.
Second. That it is the duty of either government, if its
properly constituted tribunal shall be satisfied that the
1 16 The American Passport.
certificate of naturalization upon which the passport was
based was fraudulently or illegally procured, to present
such consideration to the government granting the same,
with the request that an examination be had, and, if the
fact be found that such certificate of naturalization was
fraudulently or illegally obtained, that it be canceled or
annulled.
Third. That the arrest or detention of a citizen bearing
a passport of his government, issued by competent au-
thority, by a subordinate officer of either government is
a breach of the courtesy due to a friendly nation, and a
breach of official duty on the part of the officer so offend-
ing.
Fourth. That consular and other representative officers
of the United States have the right to intervene for the
protection of American citizens so unlawfully arrested. —
Mr, Tripp to Mr. Gresham, August 2j, i8p4.
Passport cvi- It appears from the correspondence that Solomon Czos-
dence of citi- '^ '^ ^
zcnship. j^gj^ ^g^g born in Chrzanow, in the province of Galicia, of
i895*p. 19.* Austrian parents, in 1873. His father went to the United
States and was naturalized while Solomon was a minor.
In 1895 Solomon went to Chrzanow on business, having
provided himself with a passport from this Department.
He was arrested for vh3lating military law in evading
service, was bound over to the district court to answer
the criminal charge, and through your intervention he was
discharged.
The case is a valuable one, because in the Benich case
and other cases the authorities of Austria-Hungary, while
admitting that a passport of a friendly nation is prima
facie evidence of citizenship and must be respected by ad-
ministrative officers, have suggested that judicial officers
might act in disregard of it. In this case you contended
that when there is no charge of fraud in the procurement
Digest — Citizenship by Naturalization, 117
of a passport or as to the identity of the person present-
ing it, it must be respected by judicial as well as admin-
istrative officers, and the correspondence shows that this
view was shared by the Austro-Hungarian minister, who
instructed the attorney to dismiss the complaint, and added
that hereafter the judicial authorities of Galicia would be
instructed to be governed in all similar cases by the views
expressed in your notes. — Mr, Adee to Mr. Tripp^ August
12, 189S'
Referring to your letter of April 30, asking whether the Jf*^^
daughter of a naturalized citizen of the United States who voUxiv,
^j , ^_ __o ay2,i8q6.
father's citizenship, you are informed that, inasmuch as a
woman's citizenship follows that of her husband, she is
not a citizen of the United States and can not, under the
law, receive a passport.
He was born in Germany in 1877 of alien parents. His Solicitor's
father having died, his mother came to the United States**"™''^"
with the son in 1885, and she has since been married to a
naturalized citizen of the United States.
Section 2172 of the Revised Statutes provides that ** the Minor child,
children of persons who have been duly naturalized under
the law of the United States * * * being under the
age of twenty-one years at the time of the naturalization
of their parents, shall, if dwelling in the United States,
be considered as citizens thereof."
The only question seems to be whether the mother by
her marriage to an American citizen became duly natural-
ized under any law of the United States.
Section 1994 of the Revised Statutes provides that
**any woman who now or may hereafter be married to a
citizen of the United States, and who might herself be
lawfully naturalized, shall be deemed a citizen."
1 18 The American Passport,
The federal courts have held that the object of this law
was to allow the citizenship of the wife to follow that of
the husband, without the necessity of any application on
her part, and that the effect of the marriage of an alien
woman to a citizen of the United States is equivalent to
her naturalization in the usual mode prescribed by law.
In other words, that she is thereby duly naturalized.
The exact case now presented has arisen in the courts
and has been decided as indicated above.
Alien dying It is inferred, however, that your claim to citizenship is
after decla- > > ^ r
fntention based upon the provisions of section 2168 of the Revised
Statutes of the United States, which reads as follows:
Voi.xvii, **When any alien, who has complied with the first con-
p- 3831
Feb. 16, 1897. dition specified in section twenty-one hundred and sixty-
five, dies before he is actually naturalized, the widow and
the children of siich alien shall be considered as citizens
of the United States, and shall be entitled to all rights
and privileges as such, upon taking the oaths prescribed
bylaw."
Upon complying with the terms of the above law, you
will be entitled to the rights and privileges of citizenship
and will be granted a passport upon submitting proof of
such compliance. It should be in the form of a certificate
of the court before which you may appear and take the
oaths prescribed by law.
COPIES OF PASSPORTS.
As passports are not recorded, the Department
can not furnish copies of them; but it may furnish
information in reference to them, when it is clear
Digest — Criminal Conviction, 1 1 9
that no improper use will be made of the informa-
tion.
I have to say that the Department does not furnish Voi. x, p^^^s,
copies of passports. For legitimate purposes, it some-
times gives certificates to the effect that passports have
been issued to certain parties.
COURIER'S PASSPORT.
No such document is issued, except under extraor-
dinary circumstances, when the mails are deemed
unsafe.
Your note of the 20th instant, requesting that a **cou- Voi. i,p. 19^
rier's passport" be issued for Mr. H. Holland, has been
received. In reply, I have to inform you that a long-
established rule of the Department forbids the granting
of such passports, except in cases where the mails are
deemed unsafe.
CRIMINAL CONVICTION OF APPLICANT.
While the Department may, for good and suffi-
cient reason, refuse to issue a passport to a citizen,
it has held that criminal conviction of a citizen in a
foreign country is not in itself sufficient cause for
refusing a passport.
Mr. Putnam is a native American citizen, a resident of For. Reis.,
1888, p. 420.
the Republic of Colombia, and obtained, on December 20,
1884, a passport from Minister Scruggs. He was subse-
quently convicted in a Colombian court of felony, sen-
I20 The American Passport,
tenced to a term of imprisonment, which sentence he
served out, when he was discharged without a pardon.
He now applies for a renewal of his passport, and you
ask the opinion of the Department in the case.
The question is whether a foreign conviction of crime
is a bar to an application by the party convicted for a
passport, and the Department holds that it is not, because
foreign convictions of crime are not to be regarded as
extraterritorial in their operation. — Mr, Bayard to Mr.
Walker, March 29, 1888,
DECLARATION OF INTENTION TO BECOME A
CITIZEN.
A declaration of intention to become a citizen of
the United States made by an alien before a court
does not confer citizenship upon him, and he can
not, in consequence, be granted a passport. Any
question relative to the right of such a person to
complete his citizenship belongs to the judiciary
to decide, and not to the Department.
Vol. i, p. 66, In reply I have to inform you that the law allowing
July 23, 1867.
passports to be granted to persons that had only ** de-
clared their intentions" was repealed May 30, 1866.
Vol. i, p. 97, In reply to your letter of the 27th instant, inquiring
Apr. 28, x868.
whether the Government will consent to your absence for
the purpose of completing your studies, shall not derogate
from your right to become a citizen in pursuance of your
declaration of intention, I have to say that whether or
not your absence will affect your right to naturalization
depends upon the law, which belongs to the judiciary to
Digest — Divorced Woman's Application. 121
interprete, and in respect to which no department of this
Government has any dispensing power.
Passports can not be issued to aliens who have only General
*■ ^ instructions
declared their intention to become citizens. passTOr*tV**
1889.
Your dispatch No. 346, of the 13th ultimo, in regard tofccorde!?"
the application of Mr. Richard King (who has made his For. Reis.,
declaration of intention to become an American citizen)
for a passport has been received and considered.
If Mr. King should, on appealing to this Government
for protection, show that he was domiciled in this coun-
try, as well as in inchoate citizenship by virtue of having
declared his intention, the question of granting protection
would be presented for consideration. But this position
does not involve the admission of Mr. King's right to a
passport or special protection papers. A passport can
only be granted to native or naturalized citizens, and pro-
tection papers are no longer issued by the Department. —
Mr. Bayard to Mr. McLane^ February /, i88j.
DIVORCED WOMAN'S APPLICATION.
A woman of American birth who marries an alien
and afterwards secures a divorce from him may pro-
cure a passport as an American, provided it is clearly
shown that she intends to reside in this country;
but the circumstances surrounding each case must
regulate its treatment.
It has been said that the wife, at the moment of mar- Morse on
Citizenship,
nage, loses her citizenship and acquires that of her hus- p- '44.
122 The American Passport.
band; but perhaps it would be correct to say, with the
author first cited (Phillimore), ** The condition of the wife,
from the standpoint of nationality, is temporarily lost in
that of the husband." If this description be qualified by
adding the words, ** during the marital union," it is un-
doubtedly correct; for the moment this relation ends by
legal separation, as suggested by Phillimore, she may,
at option, resume her nationality of birth, or she may ac-
quire a new one. The common-law idea that the husband
and wife are one, and that the husband is that one, applies,
of course, only during the existence of the relation.
Cidzensh?" '^^^ woman merges her nationality in that of her hus-
^' '^^" band upon marriage to a foreigner. In case of legal sepa-
ration, the practice places her in a position similar to that
of a minor child, born of foreign parents, who has been
adopted by a citizen of the United States, upon reaching
majority. The wife may elect whether to preserve the
foreign nationality acquired by her marriage, or reacquire
her former American citizenship.
For. Reis., An American lady, native born, after arrivincr at woman-
1874, p. 409. ^' ' ^
hood, came to Europe and married an Englishman. After
living many years with her husband and having children
by him, she has recently obtained a divorce in England.
She now applies to me for a passport, to be issued in her
maiden name and as an American citizen. I have declined
giving such a passport for the reasons —
First. That there is nothing in the decree of divorce au-
thorizing her to take her maiden name; and that I am not
advised that the laws of England, independent of the order
in the decree, authorize a divorced woman, at her option,
to take her maiden name.
Second. Touching the question of citizenship, I consider
Digest — Divorced Woman s Application, \ 23
her case analogous to that decided by you in your dispatch
No. 238, dated February 24, 1871, where you decided that
it would be judicious to withhold a passport in a case
where an American woman had married a foreigner and
her husband had afterward died, unless she gave evidence
of her intention to resume her residence in the United
States.
In the present case the party desiring the passport does
not **give evidence of her intention to resume her resi-
dence in the United States," but avows that her purpose
in obtaining a passport is to enable her to marry a French-
man. — Mr. Washburn to Mr. Fish^ No. gSj^ May 5, 18^4.
Answer: I have to state that the course pursued by you For. rcIs.,
1874, p. 413.
in regard thereto is approved. — Mr. Fish to Mr. Washburn^
No. 614, June p, 18^4.
You state that Mrs. Lawrence was originally a British For. Reis.,
*=» -^ 1894, p. 139.
subject, that she married a citizen of the United States,
and has since been divorced.
Mrs. Lawrence, by her marriage, became an American cit-
izen both by British and American law; she is undoubtedly
still an American citizen, viewed either from the American
or the English standpoint. She has not lost her American
nationality by any method recognized by our law; and, ac-
cording to British law, an English woman who by marriage
acquires foreign citizenship must, in order to reacquire
her original nationality upon her husband's death, obtain
a certificate therefor from the British authorities. It is
not believed that any different rule would be applied where
the parties are divorced. As Mrs. Lawrence claims Amer-
ican citizenship, it is assumed that she has not taken any
steps to reacquire British nationality. It is not under-
stood, either, that there is any conflicting claim to her
allegiance. — Mr. Uhl to Mr. Denby, March 77, 18^4.
124 ^^^ American Passport.
DUPLICATE PASSPORT.
When a passport has been lost or destroyed by
accident and the fact is clearly established, a dupli-
cate may be issued in its place; but two passports
are never furnished to one applicant. When a du-
plicate is issued, every effort should be made to
obtain possession of the original; and when it is ob-
tained, either the original or the duplicate should be
destroyed.
Vol. ii, p. 305, It is proper that you should understand that the circum-
Mar. 14, 1872.
Stances connected with this case are such as to cause this
Department to view the application with suspicion.
The attorney who makes application for this passport
alleges that in two separate instances passports for which
he has applied were not received.
It is desired, accordingly, that the accompanying pass-
port shall not be delivered, unless you are fully satisfied
that the case is regular, authentic, and genuine. It is
presumed that you have sufficient address to enable you
to ascertain whether is really entitled to a passport
before you deliver it. If he is really entitled to it, of
course he should receive it; otherwise not. — To Dispatch
Agentj New York.
Voi.viii, Application for duplicate of a lost passport of recent
ay 5, 1882. (jg^^g should be in the form of affidavit, stating the facts
in regardto loss.
May*i,^i88^' ^^ ^^ uot customary to send passports in duplicate.
Vol. xiii, Before a duplicate passport can be issued, it must be
Mar. 28, 1896. clearly shown that the original has not reached the person
for whom it was intended, or has been lost.
Digest — Duration and Renewal. 1 25
DURATION AND RENEWAL OF PASSPORT.
A passport is good for two years from its date,
and no longer. When it has expired, a new appli-
cation may be made and a new passport issued.
The old passport, if issued in this country, may be
accepted instead of the naturalization certificate in
proof of citizenship, if upon examination the origi-
nal application is found to have contained sufficient
information to satisfy the regulations in force. If
the examination develops the fact that the first
passport was improperly issued, the Department
declines to issue another.
A passport can not be issued by this Department upon Voi. u, p. 207,
Jan. 5, 1872.
one obtained from a legation or consulate.
It is true, as stated in your letter and in Mr. 'sVoi.xiu,
' ^ p. 286,
letter, that he received a passport from this Government * *^' ^^'
before. It was issued April 30, 1884, and was a reissue of
a passport which had previously been given him on May
17, 1875. The application on which the latter passport
was issued contained no Statement as to the time of Mr.
*s emigration, and hence the Department had no
opportunity, as it has in the case of the application now
under consideration, of ascertaining that the applicant's
naturalization was incorrect. The passport regulations
now in force require an affidavit containing fuller infor-
mation than was formerly required, and an old passport
is now no longer reissued.
The regulation in question is prescribed by this Depart- Letter to Hon.
R. R. Hitt,
ment in the exercise of the discretionary authority of the ^p*"' *'^' '^*
Secretary of State to grant passports, the issuance thereof
126 The American Passport.
being, under section 4075, Revised Statutes, permissive
and not mandatory. The object of prescribing a two
years' duration for passports issued is partly to insure evi-
dence at reasonable invervals of the conservation of United
States citizenship by persons residing indefinitely abroad,
and partly in view of the provisions of certain naturaliza-
tion treaties which stipulate that a return to and residence
for two years in the country of origin creates a presump-
tion of intention to resume the original status. Prior to
the adoption of this rule it was not uncommon for parties
permanently domiciled abroad, and not locally known to
be American citizens, to claim protection in some emer-
gency under passports issued many years before ; and the
convenience of the rule has been manifest in many regards,
both as regards native and naturalized citizens.
Printed form Referring to your letter of , requesting a renewal
ment letter, ^^ ^^ passport formerly issued to , you are
informed that passports are no longer renewed. The
regulations require an application to be executed and
submitted to the Department each time a passport is re-
quested before the same can issue. In case of a natu-
ralized citizen, an old passport, if issued subsequent to
1 861, will be accepted in lieu of a naturalization certifi-
cate, if, upon examination, the application upon which it
was issued is found to contain sufficient information as
to the emigration, residence, and naturalization of the
applicant. It is, however, preferable to submit the evi-
dence of naturalization with each renewed application,
to avoid delay and consequent inconvenience to the par-
ties, should the Department's records be found deficient
in regard to these particulars.
Digest — Expatriation. 127
EXPATRIATION.
{See also Citizenship.)
The Government of the United States has de-
clared by statute that expatriation is a natural and
inherent right of all men. Americans, therefore,
who go abroad may subsequently acquire citizenship
in some other country, or they may forfeit Ameri-
can citizenship. Sometimes the forfeiture may be
by some formal act of renunciation; sometimes it
may follow a severance for a long period of time of
their relations with this Government ; sometimes it
may be inferred from an acceptance of service under
a foreign government. There is no general or fixed
rule on the subject ; but, whenever expatriation has
occurred, the former American citizen is necessarily
denied the protection of a passport.
Whereas the right of expatriation is a natural and inher- Right of
expatriation.
ent right of all people, indispensable to the enjoyment of „ ^
the rights of life, liberty, and the pursuit of happiness ; '^^"
and whereas in the recognition of this principle this Gov-
ernment has freely received emigrants from all nations,
and invested them with the rights of citizenship; and
whereas it is claimed that such American citizens, with
their descendants, are subjects of foreign states, owing
allegiance to the governments thereof; and whereas it is
necessary to the maintenance of public peace that this
claim of foreign allegiance should be promptly and finally
disavowed: Therefore any declaration, instruction, opin-
ion, order, or decision of any officer of the United States
which denies, restricts, impairs, or questions the right of
128 The American Passport,
expatriation, is declared inconsistent with the fundamental
principles of the Republic.
Service under It appears that, after lending important services to the
foreigii
govemment. republicans of Mexico during the French intervention and
1879^ p. 82^ the Empire of Maximilian in 1866-67, Mr. Smith took ac-
tive part in 1876 in the successful revolutionary movement
of General Diaz, became a colonel in the Mexican army,
and was understood to be in such service at the time
of his death, of which the date is given as June 5, 1879.
You further quote the provision of the Mexican law of
January 30, 1856, enacting the naturalization, apparently
without any additional formality beyond the fact of serv-
ice, of a foreigner who ** accepts any public office, of the
nation, or belongs to the army or navy," and in view of
this you ask in general terms for the views of the Depart-
ment upon the status of Americans accepting service
under the Mexican Government, and also specific in-
structions on the points presented in Mr. Strother's letter
to you of the 15th ultimo, a copy of which you transmit.
In answer to the first point presented by you, I may
observe that on the 27th of July, 1868, Congress declared
that the right of expatriation is a natural and inherent
right of all people, indispensable to the enjoyment of
**life, liberty, and the pursuit of happiness" (section 1999,
Revised Statutes). The act of changing allegiance and
citizenship must necessarily conform to the laws of the
country where the American who voluntarily expatriates
himself becomes a citizen or subject. No law of the
United States, for instance, can make a Mexican citizen
out of one of our own citizens, or prevent him from be-
coming a Mexican citizen by the operation of Mexican
law. Mr. Smith, by the act of voluntarily taking military
service under the Government of Mexico while a law was
Digest — Expatriation, 129
in existence by which such an act on his part conferred
and involved the assumption of Mexican citizenship, must
be deemed to have understandingly conformed to that
Mexican law, and of his own accord embraced Mexican
citizenship. Under the enactment of Congress, previously
quoted, no permission of the Government of the United
States is necessary to the exercise of the right of expa-
triation. This answers the first question put by Mr.
Strother.
The second and third inquiries respecting the status of
the minor children are not so easy to answer. The two
sons of Mr. Smith, aged respectively seven and ten years
at the time of their father's death, were undoubtedly
American citizens by birth, inasmuch as the father's
change of allegiance occurred after the birth of the
youngest child. If within the jurisdiction of the United
States, their right to American citizenship would be un-
impaired, and, even if within Mexican jurisdiction during
minority, they would, in the absence of any Mexican law
specifically attaching the altered status of the father
to his minor children within Mexican jurisdiction, be still
properly regarded as American citizens. But if there be
such a law, or if, on attaining majority, they remain in
Mexico and come within any provision of Mexican law
making them citizens of that Republic, they could not
be regarded as citizens of the United States.
The registration of the younger son, by the widowed
mother, after the death of the father, although irregularly
and unnecessarily delayed, is in contravention of no rule,
the child's citizenship at birth being clear. — Mr. Seward
to Mr. Foster^ August /j, iSjg.
I have had the honor to receive your communication Fish on cxpa-
' triation.
dated the 6th instant, requiring my opinion as the princi- Letter to the
pal officer of one of the Executive Departments respecting ^''•**^*'*^'
A p 9,
130 The American Passport,
For. Rcis., several questions which accompanied your communica-
1873, p. 1186,.
et seq. ^-Jq^.
In obedience to that requirement I respectfully submit
my opinion, in answer to the several questions, as fol-
lows:
** Question i. The law-making power having declared
that *the right of expatriation is a natural and inherent
right of all people, indispensable to the enjoyment of the
rights of life, liberty, and the pursuit of happiness* (15
Stat, at Large, 223), should the Executive refuse to give
effect to an act of expatriation of a citizen of the United
States?"
The act of Congress of the 27th of July, 1868 (15 Stat, at
Large, 223), disposed of the contradictory opinions and
decisions of officers of this Government as to the right of
expatriation (so far as it concerns citizens of the United
States) by declaring in its preamble that **the right of
expatriation is a natural and inherent right of all people."
This is the legislative declaration of the principle on
which the naturalization laws of the United States have
ever rested and is the legislative sanction of the doctrine
which has, almost without exception, been uniformly held
in the diplomatic correspondence and by the executive and
political branch of the Government.
There seems, therefore, to be no difficulty in' answering
to the first question that the Executive should not refuse
to give effect to an act of expatriation of a citizen of the
United States.
But the legislative authority which declared it **tb be
a natural and inherent right of all people" has failed to
define ** expatriation" or to declare how or under what
circumstances it may be exercised, what is essential to its
full attainment, or what shall be the evidence of its accom-
plishment.
Digest — Expatriation. 131
The absence of authoritative or of legislative definition
on these points has given rise to much doubt and corre-
spondence on the part of the Executive Depai'tments of
the Government.
Expatriation, I understand to mean the quitting of one's Meaning of
country, with an abandonment of allegiance and with the
view of becoming permanently a resident and citizen of
some other country, resulting in the loss of the party's
preexisting character of citizenship. The quitting of the
country must be real, that is to say, actual emigration for a
lawful purpose, and should be accompanied by some open
avowal or other attendant acts showing good faith and a
determination and intention to transfer one's allegiance.
It can not be exercised by one while residincf in the By whom
^ exercised.
country whose allegiance he desires to renounce, nor dur-
ing the existence of hostilities; no subject of a belligerent
can transfer his allegiance or acquire another citizenship,
as the desertion of one's country in time of war is an act
of criminality, and to admit the right of expatriation ''*' fla-
grante bello'' would be to afford a cover to desertion and
treasonable aid to the public enemy.
It can be exercised only by persons of lawful age, and
not by those who leave their country under the charge or
conviction of crime or other disabilities. And the same
considerations of public policy which deny the right of
any citizen in time of war would seem to justify its denial
to any citizen while in the actual service of his country;
and it will be remembered that Congress has asserted its
right to denationalize its own citizens, and has defined one
mode whereby the right of citizenship shall be forfeited,
in the act of March 3, 1865 (13 Stat., p. 490), which pro-
vides that, in addition to the other lawful penalties for
desertion from the military or naval service of the United
States, all persons who shall desert such service, or who,
132
The American Passport.
Change of
residence.
being enrolled, shall depart the jurisdiction of the district
in which he is enrolled, or go beyond the limits of the
United States with intent to avoid any draft into the mil-
itary or naval service, duly ordered, shall be deemed to
have voluntarily relinquished and forfeited their rights of
citizenship, or to become citizens, and shall be forever in-
capable of holding any office of trust or profit under the
United States, or of exercising any rights of citizens
thereof.
** Question 2. May a formal renunciation of United
States citizenship and a voluntary submission to the sov-
ereignty of another power be regarded otherwise than an
act of expatriation? "
This question is understood to presuppose an actual
change of residence, inasmuch as no person can make
himself subject to another power while domiciled and
resident within one to which he owes allegiance.
Chief Justice Marshall (2 Cranch, p. 119) says that when
a citizen by his own act has made himself the subject of a
foreign power, his situation is completely changed, and
that the act certainly places him out of the protection of
the United States while within the territory of the sover-
eign to whom he has sworn allegiance.
This opinion is in conformity with public policy and
right, and is sustained by the general authority of the
writers on public law.
The fourteenth amendment to the Constitution makes
subjection to the jurisdiction of the United States an ele-
ment of citizenship of the United States.
If, then, to this act of voluntary submission of himself
to the sovereignty of another power be added a formal
renunciation of American citizenship, I can not see that
it can be regarded otherwise than as an act of expatriation.
By marriage. Hence it would Seem that the marriage of a female
Marshall
quoted.
Digest — Expatriation. 133
citizen of the United States with a foreigner, subject of a
country by whose laws marriage confers citizenship upon
the wife of the subject, and her removal to and residence '
in the country of her husband's citizenship would divest
her of her native character of an American citizen.
A Frenchman loses his native character by foreign natu- in France,
ralization, or by accepting office under a foreign govern-
ment without permission of the State, or by so establishing
himself abroad as to evidence an intention of never re-
turning to his country.
The Austrian and Prussian emigrant who has obtained i" A)!^^"*,
^ and Prussia.
permission and quits his country ^^ sine animo revertendi^'"
forfeits the privilege of citizenship.
Bavarian citizenship is lost by the acquisition, without in Bavaria,
the special permission of the King, of ^^jura indigenatus''
in another country, by emigration, and by the marriage
of a Bavarian woman with a stranger.
Wiirtemberg citizenship is lost by emigration, sanctioned in wur-
temberg^.
by Government, or by the acceptance of a public office in
another state.
In Spain citizenship is lost by foreign naturalization, or in Spain,
by entering the service of another state without permission
of Government.
In Portugal, by foreign naturalization ; by acceptance, in Portugal.
without permission of the King, of a pension and of a
decoration from a foreign state, and by judicial banish-
ment.
** Question 3. Can an election of expatriation be shown
or presumed by an acquisition of domicile in another
country with an avowed purpose not to return?"
Protracted absence from the country of one's allegiance Absence,
is not of itself evidence of abandonment or of intentional
change of allegiance.
But in answering this question with reference to the aucgiance.
1 34 The American Passport,
policy or practice of the United States, regard must be
had for the change which late years have brought about
with respect to the doctrine of prepetual alleg^ience, for
a long time presistently maintained by Great Britain at
least, and with reference to which doctrine many of the
opinions and decisions of jurists and of courts have been
framed, as also to the facility which the policy of this
Government in its naturalization laws has extended to the
subjects of other powers to throw off their previous alle-
giance, and to the earnestness with which the United
States, in all branches of its Government, asserts and
enforces the right of expatriation and of renunciation of
preexisting citizenship.
The international treaties of naturalization of late years
make an entire change of doctrine from that laid down
by jurists and held by courts before the overthrow and
abandonment of the doctrine of prepetual allegiance.
This question, therefore, presents itself for considera-
tion somewhat in the nature of one of first impression,
and to be answered with reference to a policy and to prin-
ciples but recently of general acceptance rather than to
the dogmas of books.
If government assume the duty of protection, the citizen
must be ready to support the government with his services,
his fortune, and his life even, should the public exigencies
be such as to require them.
He may reside abroad for purposes of health, of educa-
tion, of amusement, of business, for an indefinite period;
Domicile and he may acquire a commercial or a civil domicile there: but
reHidence. "^ ^
if he do so sincerely and bona fide animo revertendi^ and
do nothing inconsistent with his preexisting allegiance,
he will not thereby have taken any step towards self-
expatriation.
But if, instead of this, he permanently withdraws him-
Digest — Expatriation. 135
self and his property and places both where neither can be
made to contribute to the national necessities, acquires a
political domicile in a foreign country, and avows his pur-
pose not to return, he has placed himself in the position
where his country has the right to presume that he has
made his election of expatriation.
In several of the treaties of naturalization of this Treaties,
country with other powers, the residence of a naturalized
citizen in the land of his nativity without intent to return
to the United States is declared to work of itself a re-
nunciation of the citizenship acquired by naturalization,
and such intent may be held to exist when the residence
continues for more than two years.
The fourteenth amendment of the Constitution makes
personal subjection to the jurisdiction of the United States
an element of citizenship. The avowed voluntary per-
manent withdrawal from such jurisdiction would seem to
furnish one of the strongest evidences of the exercise of
that right which Congress had declared to be the natural
and inherent right of all people.
But, in the absence of legislative definition of what con-
stitutes "expatriation,'* and of the mode whereby it is to
be effected, the experience of the Government has made
manifest that while expatriation is declared to be a right,
which may be converted into a fact, it is, like other facts,
to be established in each individual case by evidence
peculiar to itself, and each case to be decided upon its
own merits.
** Question 4. Ought the Government to hold itself
bound to extend its protection, and consequently exert its
military and naval power for such protection, in favor of
persons who have left its territories, and who reside abroad,
without an apparent intent to return to them, and who
do not contribute to its support? "
Intent to
return.
136 The American Passport.
It does not necessarily follow that a citizen has lost his
right to the protection of his government because he may
have left its territories and resides abroad without apparent
intent to return and without contributing to its support.
The intent to return, although not apparent, may be
really and bona fide entertained, and it does not necessarily
follow that he is avoiding any obligation to his country
because he does not contribute to its support. There may
be no contributions at the time required of the citizen.
While thus resident or ** domiciled" in another country,
he becomes amenable to its laws; but, unless he assume
some position or commit some act inconsistent with his
preexisting citizenship, he does not forfeit that citizenship
or his right to look to his government to extend to him all
the protection which the nature of any wrong or injustice
inflicted upon him by the government within whose terri-
tories he may be domiciled may justify. In connection
with this question, and with reference to the exertion of
military and naval power for the protection or in favor
of citizens of the United States, who may be unjustly de-
prived of their liberty by the authority of foreign govern-
ments, it may be remarked that while the act of July 27,
1868 (15 Stat, 223), declares it to be the duty of the Presi-
dent to demand the reasons of such imprisonment, it
prohibits his use of the military or naval power of the
Government to obtain his release.
** Question 5. What should constitute evidence of the
absence of an intent to return in such cases?"
By some of the recent naturalization treaties, two years'
continued residence of a naturalizied citizen in the country
of his nativity after his naturalization may be regarded
as evidence of intent not to return to the United States.
The strongest evidence of such intent would be the solemn
declaration of intention of remaining abroad.
Digest — Expatriation. 137
Naturalization, or taking preliminary steps to become
naturalized in a foreign country, voluntary entrance into
the civil or military service of another government, express
renunciation, or acts amounting thereto, or indicating a
fixed intention of renunciation of preexisting citizenship
might be regarded as evidence of the absence of intent to
return, which might also be otherwise indicated by a
variety of facts or of circumstances.
When a person who has attained his majority removes
to another country and settles himself there, he is stamped
with the national character of his new domicile ; and this
is so, notwithstanding he may entertain a floating inten-
tion of returning to his original residence or citizenship
at some future period; and the presumption of law with
respect to residence in a foreign country, especially if it be
protracted, is that the party is there animo manendi^ and it
lies upon him to explain it.
It is probably not possible to lay down any general rule
in answer to this question, and it results that each case
must be decided upon its own merits.
** Question 6. When a naturalized citizen of the United
States returns to his native country and resides there for
a series of years, with no apparent purpose of returning,
shall he be deemed to have expatriated himself where the
case is not regulated by treaty?"
A person of foreign birth once duly naturalized is a
citizen, entitled to all the privileges and protection which
may be claimed by one born within the territory of the
United States. He may, however, divest himself of his
acquired citizenship, or may lose his character as such,
either in accordance with treaty regulations or in the
same mode by which a native-born citizen becomes ex-
patriated or denationalized.
The act of July 27, 1868 (15 Stat, at Large, 223), enacts SuzenlJ'"*^
138 The American Passport.
Protection, that all naturalized citizens of the United States while
in foreign states shall be entitled to, and shall receive
from this Government, the same protection of persons
and property that is accorded to native-born citizens in
like situations and circumstances.
The question recognizes the fact, already alluded to,
that our treaties with some powers make a residence in
the country of nativity, without intent -to return to the
country of adoption, to work a renunciation of the citi-
zenship acquired by naturalization.
By some treaties no fixed period of residence in the
country of nativity works of itself a renunciation of the ac-
quired citizenship, while by others the intent not to return
may be held to exist when the residence continues more
than two years.
Treaty with By the treaty with Great Britain of the 13th of May,
Great Brit-
ain. 1870, the British subject naturalized in the United States
after its date who renews his residence within the British
dominion may, on his own application, and on such con-
ditions as the British Government may impose, be re-
admitted to the character of a British subject. Residence
alone, however long continued, without a direct applica-
tion to be readmitted to British citizenship, and without
the assent thereto of the British Government, will not
rehabilitate him as a British subject.
Two years' T\\^ adoption in numerous treaties of this period of two
residence. *^ *
years as that when the intent not to return to the United
States may be held to exist on the part of the naturalized
citizen who has returned to his native country indicates
that, while the principle on which rests the right of pro-
tection while in foreign countries of the naturalized is the
same with that of the native-born citizen, there is an appre-
ciation of the strong proclivity to resume his original citi-
zenship on the part of him who, having wandered from
Digest — Expatriation. 139
home, returns to find the attractions of early associations
and of family ties enticing him, at a period, perhaps, when
the restlessness and spirit of adventure of the fresher years
of life have passed, to rest and to end his days amid the
scenes of his childhood or youth and among those who
claim the strong ties of common blood.
Hence, probably, even when not regulated by treaty,
the evidence would be more readily obtained to determine
that a naturalized citizen who had returned to the country
of his nativity should be deemed to have expatriated him-
self — or, perhaps it would be more proper to say, to have
rehabilitated himself with his original citizenship — than
to show that a native-born citizen had expatriated himself
by the same period o,f foreign residence.
It not infrequently happens that naturalization is almost
immediately followed by the return of the naturalized per-
son to his native country and his continued residence
there, without having acquired property or established
any permanent relations of family or of business in the
United States.
Again, cases are of constant occurrence of naturalized Pretexts.
persons who have resided for years in the country of na-
tivity, manifesting no purpose of returning to the United
States and exhibiting no interest in the Government, but
who assert American citizenship only when called upon to
discharge some duty in the country of their residence;
thus making the claim to American citizenship the pre-
text for avoiding duties to one country, while absence
secures them from duties to the other.
These are among the class of cases where the continued
residence in the country of nativity and the absence of
apparent purpose of returning may be taken at least as
prima facie evidence of expatriation.
But generally, when not regulated by treaty, the mere
140 The American Passport,
absence of apparent purpose of returning to the United
States on the part of a naturalized citizen who has re-
turned to his native country and resided there for a series
of years does not of itself constitute evidence of his self-
expatriation.
The presumption of law to which reference has already
been made, viz, that he is there animo manendi^ applies,
however, to him equally with the native-born citizen, and
it rests with him as with the native-born to explain it;
and here, again, in the absence of some prescribed rule,
the circumstances attending each case must control its
decision.
** Question 7. Are the children born abroad of a per-
son who has been a citizen of the United States, but who
has become a subject or citizen of another power, or
who has expatriated himself, citizens of the United States
and entitled to its protection ? "
Children. If born after the father has become the subject or citi-
zen of another power, or after he has in any way expatri-
ated himself, the children born abroad are to all intents
and purposes aliens, and not entitled to protection from
the United States.
The act of the loth February, 1855 (10 Stat, at Large,
604), provides that ** persons heretofore born, or hereafter
to be born, out of the limits and jurisdiction of the United
States, whose fathers were or shall be at the time of their
birth citizens of the United States, shall be deemed and
considered, and are hereby declared to be, citizens of the
United States: Provided^ however^ That the right of citizen-
ship shall not descend to persons whose fathers never re-
sided in the United States."
It will be noticed that the act professes to extend citi-
zenship only to those born abroad whose fathers at the
time of their birth are citizens.
Digest — Expatriation. 1 4 1
Every independent state has as one of the incidents of
its sovereignty the right of municipal legislation and
jurisdiction over all persons within its territory, and may
therefore change their nationality by naturalization, and
this, without regard to the municipal laws of the coun-
try whose subjects are so naturalized, so long as they re-
main, or exercise the rights conferred by naturalization,
within the territory and jurisdiction of the state which
grants it.
It may also endow with the rights and privileges of its
citizenship persons residing in other countries, so as to
entitle them to all rights of property and of succession
within its limits and also with political privileges and civil
rights to be enjoyed or exercised within the territory and
jurisdiction of the state thus conferring its citizenship.
But no sovereignty can extend its jurisdiction beyond
its own territorial limits so as to relieve those born under
and subject to another jurisdiction from their obligations
or duties thereto; nor can the municipal law of one state
interfere with the duties or obligations which its citizens
incur, while voluntarily resident in such foreign state and
without the jurisdiction of their own country.
It is evident from the prmnso in the act of the loth
February, 1855, viz, **that the rights of citizenship shall
not descend to persons whose fathers never resided in the
United States," that the law-making power not only had
in view this limit to the efficiency of its own municipal
enactments in foreign jurisdiction, but that it has con-
ferred only a qualified citizenship upon the children of
American fathers born without the jurisdiction of the
United States, and has denied to them, what pertains to
other American citizens, the right of transmitting citizen-
ship to their children, unless they shall have made them-
selves residents of the United States, or, in the language
142 The American Passport,
of the fourteenth amendment of the Constitution, have
made themselves ** subject to the jurisdiction thereof."
The child born of alien parents in the United States is
held to be a citizen thereof and to be subject to duties
with regard to this country which do not attach to the
father.
The same principle on which such children are held by
us to be citizens of the United States, and to be subject
to duties to this country, applies to the children of Ameri-
can fathers born without the jurisdiction of the United
States, and entitles the country within whose jurisdiction
they are born to claim them as citizens and to subject
them to duties to it. ^
Such children are born to a double character: the citi-
zenship of the father is that of the child so far as the laws
of the country of which the father is a citizen are con-
cerned and within the jurisdiction of that country; but
the child, from the circumstances of his birth, may ac-
quire rights and owes another fealty besides that which
attaches to the father.
** Question 8. Can a person who has formally renounced
his allegiance to the United States, and assumed the obli-
gations of a citizen or subject of another power, become
again a citizen of the United States in any other way than
in the manner provided by general laws?"
^^don"^*^^' Persons who have formally renounced their allegiance
to the United States and have assumed the obligation of
citizen or subject of another power — in other words,
persons who have denationalized or expatriated them-
selves — are aliens to the United States, and can become
citizens only by virtue of the same laws, and with the
same formalities, and by the same process, by which
other aliens are enabled to become citizens.
Having replied to the several questions submitted, I may
Digest — Expatriation. 1 43
be permitted to express my opinon of the necessity of
legislation to define how and by what acts, whether
of commission or of omission, or of both. United States
citizenship is lost.
It has been shown that in some instances recent treaties
provide one test; but even in these cases further legisla-
tion is needed to relieve the decision in each case of much
embarrassment and of much doubt. — Mr. Fish to the
President^ August ;?5, iSyj.
The material facts upon which the application is based J;^i5JIJJJ.|^
appear to be that Verdelet p^re^ the father of Eugene **''^°*^'
Albert, was born in France, resided in this country thirty- 1883,9.285.
five years, and in 1853 became a citiijen of the United
States by naturalization. In 1859 he returned to his na-
tive country, and continued to reside there until his death,
which occurred in 1874. In 1862 Eugene Albert, the
present applicant, was born in Bordeaux, France. He
has always resided in France, has never been in the
United States, and expresses no intention of ever coming
here to reside, although, he says, property interests may
render it necessary for him to visit the United States at
some future time.
A passport is the usual form in which this Government
attests the nationality of citizens of the United States to
a foreign government. Under the circumstances of Mr.
Verdelet's case, it is considered that he is not entitled to a
passport, and consequently that he can not justly claim
a certificate in any other form attesting the fact that he
has maintained American nationality. — Mr. Frelinghuysen
to Mr. Morton^ November p, i88j.
The position taken by the Imperial Government in Yabl- Russian
*^ y r- contention.
kowski's case, accompanied as it is by the text of the
144 The American Passport.
Ja^s, p.^Ii'Jy. Russian law claimed to be applicable to such cases, con-
stitutes the most direct statement of the Russian conten-
tion in this regard that has as yet been presented.
Taking the two clauses of the law together, they amount
to a claim for the punishment of a Russian subject for the
imputed offense of becoming a citizen or subject of an-
other state, or even of entering into the service of another
state. * * *
The position of the United States as to the right of
expatriation is long established and well known. The
doctrine announced by us at an early stage of our national
existence has been since generally adopted by all the Eu-
ropean-states except Russia and Turkey; and the Turkish
Government does not go so far as to assert in practice a
claim to punish a Turk for the offense of acquiring any
other nationality. That every sovereign state has an inde-
feasible right to prescribe and apply the conditions under
which an alien, being within its territorial jurisdiction,
may be admitted to citizenship is a proposition not to be
denied and scarcely capable of any material qualification.
The legislation of the United States proceeds upon this
theory.
Under the circumstances, and under the statutes of this
country, this Government can not acquiesce in the Rus-
sian contention now formally announced, and must con-
tinue in the future to do as it has done in the past, and
remonstrate against denial of the rights of American citi-
zenship to persons of Russian origin who by due process
of law have acquired our nationality, controverting any
and every attempt to treat the acquisition of our citizen-
ship as a penal offense against the law of the country of
origin. — Mr, Olney to Mr, Pierce^ November 4^ /<^PJ.
Digest — Fee, 145
FEE.
The Secretary of State is required by law to col-
lect a fee of one dollar for every citizen's passport
issued. The fee having been collected and the pass-
port issued, the former is turned over to the Treas-
ury Department, and there is no provision of law
nor any regulation by which it may at a subsequent
date be refunded. Previous to the passage of the
act now in force the fee was five dollars.
While it is provided by act of Concfress that a fee of Y^^- v, p. 59,
^ J o July 28, 1874.
fi\^ dollars shall be collected on every citizen's passport
issued from the Department, there is no law or regulation
authorizing the return of fees received under the act re-
ferred to. The failure of the passport to reach you in
time was not the fault of this Department, and the delay
was occasioned by a failure to comply with the regula-
tions. It could, in accordance with the frequent practice
in such cases, still be forwarded to Mr. Archer; and, as
the fee can not be repaid, will be returned to you, should
you so request.
In reply to your letter of the 4th instant, inclosing the Vol. xi, p. 49,
J unc Of io94*
passport No. 12043, in favor of Adolf Bender, and request-
ing the return of the fee paid therefor, because Mr. Ben- *•
der would not be protected by the passport in Russian
territory, you are informed that the Department can not
comply with your request, the passport having been reg-
ularly applied for and issued.
The Department has received your letter of September Vol. xvi,
p. 405, Sept.
25, relative to the passport issued to Dr. Guido Ranniger ^s, 1896.
on June i, 1896, and suggesting the refund of the fee paid
by him, as the passport failed to reach him. In reply,
A p 10.
146 The American Passport.
you are informed that the passport having been regularly
issued, the fee can not be returned and has been deposited
with the United States Treasury.
Rule 13, rules By act of Congress approved March 23, 1888, a fee of
for^ML^TOrts, ^^^ dollar is required to be collected for every citizen's
* passport. That amount in currency or postal money
order should accompany each application. Orders should
be made payable to the Disbursing Clerk of the Depart-
ment of State. Drafts or checks will not be received.
INDIANS, PASSPORTS FOR.
Various acts of Congress have from time to time
been passed making certain tribes of Indians and
certain Indians who fulfill statutory conditions citi-
zens of the United States, and these may be granted
passports. All other Indians are not citizens, but
as wards of the Government they may receive its
protection. While they are abroad, they may, there-
fore, be granted documents specifying that they are
not citizens, but requesting protection for them.
MS. instruc- I have to acknowledge the receipt of your No. 506, of
the nth ultimo, reporting the application of Humper
Nespar, or Wadded Moccasin, a Sioux Indian, for a
passport.
In reply, I have to say that Indians are not citizens of
the United States by reason of birth within its limits.
Neither are our general naturalization laws applicable to
them, but various Indian tribes have been naturalized by
special acts of Congress.
Section 6 of the act of February 8, 1887 (24 Stat.,
388), provides that ** every Indian born within the terri-
Digest — Indians, Passports For. 147
torial limits of the United States to whom allotments
shall have been made under the provisons of this act, or
under any law or treaty, and every Indian born within the
territorial limits of the United States who has voluntarily taken
up, within said limits, his residence separate and apart from any
tribe of Indians therein, and has adopted the habits of civilized
life, is hereby declared to be a citizen, of the United States, "
Section 43 of the act of May 2, 1890 (26 Stat., 99),
provides that **any member of any Indian tribe or
nation residing in the Indian Territory may apply to
the United States court therein to become a citizen of the
United States, and such court shall have jurisdiction
thereof and shall hear and determine such application as
provided in the statutes of the United States."
Unless Humper Nespar was naturalized in one of the
above modes, he is not entitled to a passport as a citizen
of the United States.
A copy of your dispatch will be sent to the Interior De-
partment and an effort made to determine definitely what
his status is, as some Sioux tribes have been naturalized
by special acts. Even if he has not acquired citizenship,
he is a ward of the Government and entitled to the consid-
eration and assistance of our diplomatic and consular offi-
cers. Your action in the case is, therefore, approved.
In this connection, reference to the case of **Hampa,"
reported in dispatch No. 453, of May 7, 1896, from the
consul at Odessa, is pertinent. Hampa, an American In-
dian, a member of a cow-boy company which performed
at Odessa, was discharged on account of drunkenness.
The consul aided him, and, upon the police requiring of
Hampa a passport or document from the consulate certi-
fying to his identity, the consul issued the following:
**To whom it may concern:
**The bearer of this document is a North American
148 The American Passport.
Indian whose name is Hampa. This Indian is a ward of
the United States, and is entitled to the protection of its
consular and other officials. He is not, however, entitled
to a passport, as he is not a citizen of the United States.
This consulate has the honor to request the Russian
authorities to grant Hampa all necessary protection dur-
ing his stay in Russia, and grant him permission to depart
when he requires it.
((
*'*' Consul.''
As the document expressly stated that Hampa was not
a citizen of the United States and not entitled to a pass-
port, its issuance could not be regarded as a violation of
Revised Statutes, section 4078. That section prohibits the
granting by consular officers of passports to or for any
person not a citizen of the United States. The same sec-
tion also provides that no person not lawfully authorized
to do so shall issue any passport or other instrument in
the nature of a passport, to or for any citizen of the United
States, or to or for any person claiming to be or desig-
nated as such in such passport.
The Department, at least tacitly, approved the consul's
action in this case, and sees no valid objection to your
issuing a similiar document to Humper Nespar in the
event of his failure to show that he is actually a citizen. —
Mr. Sherman to Mr. Breckinridge^ April j^ ^^97*
INSANE PERSONS, APPLICATIONS FOR.
In rare instances it is desired to obtain a passport
for an insane person, or one of unsound mind, who
can not himself make the usual application or take
Digest — Issuance Abroad, 149
the required oaths. In such cases the guardian or
nearest friend may act for him.
It appears that Mrs. Bliimelinc: derives her American For. Reis.,
^^ * 1885, p. 807.
citizenship from her husband, Herman Bliimeling, who,
as shown by a copy of his citizen paper inclosed in Mr.
Cramer's dispatch, was duly naturalized in Jersey City on
the 24th day of October, 1870, and therefore is entitled to
have a passport.
The only objection to issuing the passport arises from
the fact that the person applying for it, having become
insane, can not make the written application and affidavit
and take the oath of allegiance as required by diplomatic
regulations issued by this Department.
In answer to this, it may be said that as a general rule
the affidavits and other similar applications of the guard-
ian or nearest friend of any insane person are received,
where the object is to assert a right, as if made by the in-
sane person himself. Even were this not the case, the
regulations in regard to issuing passports are not imposed
by Congress, but are discretionary with the Executive,
and may at any time be interpreted or modified by the
Department of State. They should certainly not be ap-
plied in such a way as to exclude from a passport persons
by whom it may be most needed, as in the present case. —
Mr, Porter to Mr, Winchester^ July 11, 188^.
ISSUANCE ABROAD WHERE THERE IS NO DIPLO-
MATIC OR CONSULAR REPRESENTATIVE.
In those countries where the United States has
no diplomatic or consular representation it is com-
petent for the nearest American diplomatic agent to
issue a passport.
150
The American Passport,
For. Rels.,
1894, p. 245.
Your dispatch No. 58, of the loth ultimo, in relation to
your action in issuing a passport to an American citizen
upon an application taken before the vice-commercial
agent of the United States at Luxemburg, has been re-
ceived.
In reply, I .have to say that no question of territorial
jurisdiction is necessarily involved in the case. When
there is no representative of the United States compe-
tent to issue a passport in a small sovereign state, the
nearest embassy or legation can be applied to. Thus, an
application from Monaco might be made indifferently to
Paris or Rome; from Andorra, to Madrid or Paris, and so
forth.
It would seem, however, that the commercial agent
at Luxemburg had authority to issue a passport. The
statutes provide for the issuance of passports in foreign
countries by consular officers, and commercial agents are
declared to be full consular officers by section 1674 of the
Revised Statutes. — Mr. Uhl to Mr, Runyon^ April j^ 18^4,
Dispatch
agent, col-
lector of
customs,
postmaster.
ISSUING, AGENT FOR.
The only place in this country from which a pass-
port can issue is the Department of State. Some-
times, however, when an imperfect or insufficient
application is made so late that the passport can
not reach the person by whom it is desired before
he goes abroad, and when his departure without
it might be attended with grave inconvenience,
danger to his safety, or hardship, the Department
may make use of a United States dispatch agent,
collector of customs, or postmaster as its agent to
Digest — Issuing, Agent For. 1 5 1
issue the passport. Such agent is furnished with a
blank passport and is instructed to take the appli-
cant's sworn statements and issue the passport, if
he is entitled to it under the law. Formerly this
practice was not uncommon ; but the policy now is
to avoid, whenever possible, any but the regular
methods of issuance from the Department in
Washington.
Please find passports for Mr. John F. Cahill and Miss Voi. ii, p. 171,
Nov. 27, 1871.
Kate R. McAdam, who will call upon you for them.
Will you please deliver them when the applicants shall
have executed in due form the inclosed blanks? — To col-
lector of customs y Baltimore,
If you are advised that he intends to sail from New York Voi. ii, p. 287,
Mar. 6, 1872.
and is in haste to leave home, you will be pleased to in-
form the Department, and a passport will be sent to Edgar
Irving, esq., United States dispatch agent, 34 J^ Pierce
street, New York, to be delivered to Mr. Mayer upon his
filing the affidavits with Mr. Irving. Mr. Jonathan Amory
is the dispatch agent at Boston, to whom the business
might be intrusted if it is so desired. The passport can
be sent to the collector of customs of any other port for a
similar disposition.
I have to acknowledge the receipt of your letter of the voi. h, p. 268,
Feb. 26, 1872.
2ist instant, transmitting affidavits of Messrs. Akin and
Traver and stating that other persons in Jacksonville in-
tend to apply for passports.
In reply, I have to inform you that the two cases above
referred to seemed to belong to that class of exceptional
ones in which persons are suddenly and unexpectedly
called from home. It is desired by the Department that
15^ The American Passport.
parties who contemplate journeying to foreign countries
** during the season" and desire passports will, sufficiently
in advance of their departure, transmit to this office com-
plete applications, so that the passports may issue after
receipt of the required affidavits, as is the usual custom. —
To deputy collector of customs^ Jacksonville.
Vol. iv, p. 435, 1 have replied by telegram to your inquiry whether you
would be allowed to fill out blank passports for certain
parties who, it is supposed, may wish to go to Cayenne,
to the effect that you are not allowed to do so.
Passports can be issued in the United States only by
the Secretary of State, by whom they must be signed. —
To dispatch agent, Boston,
Vol. V, p. 54, In cases of emergency the Department sends passports
to the dispatch agent at New York for delivery upon a
compliance with regulations, including payment of the
fee, to be forwarded with affidavits by the dispatch agent.
Vol. ix, p. 259, Herewith I hand you a passport for Mr. Daniel S. Troy
Mar. 2, i886. j r r j
and wife, to be delivered to him upon his depositing with
you, for transmission to this Department, the affidavits
indicated by the accompanying papers and a money order
for five dollars payable to the Disbursing Clerk of the
Department of State. — To postmaster, Montgo?nery, Alabama.
Voi.xiv, I inclose a blank passport. No. 11469, a blank applica-
Mayi6,i896. ^^^^^ ^^^ ^^ q\^ passport and the naturalization certifi-
cate of Mr. Isaac Lesem. Mr. Lesem will call at your
office, will execute the proper application, and you will
please fill out the passport and deliver it to him, returning
the application to this Department. The passport should
bear date as having been issued this day, and the fee has
already been paid. — To dispatch agent, New York.
Digest — Minor s Application. 153
Under the law, passports can be issued in the United Rule 3,.niies
States only by the Secretary of State. In a foreign JppJ^^'JJ^
country they may be issued by the chief diplomatic rep- '
resenative of the United States; or, in the absence of
a diplomatic representative, by the consul-general; or,
in the absence of both, by a consul.
JAPANESE, APPLICATIONS BY.
The rule governing the applications of Chinese ^«''.p 95.
for passports applies to persons of Mongolian race
born in Japan.
A native of Japan, of the Mongolian race, is not entitled 6a Fed. Rep..
136.
to naturalization, not being included within the term
** white persons" in Revised Statutes, section 2169.
MINOR'S APPLICATION.
A minor may receive a passport and may make
application in his own behalf, if he has attained
sufficient age to understand the nature of an oath.
If he is too young to execute an affidavit and it is
clearly necessary for him to have a passport, his
parent or guardian may apply for him. The pur-
pose of his leaving the country and that he will
return must be satisfactorily shown.
I have to say that, in general, passports may be issued Voi. x, p. 297.
June 26 1888.
to minors who are of sufficient age to understand and
execute the requisite affidavits. There are, however,
several exceptions to the general rule, and each case can
only be decided upon its merits when presented.
154 ^^^ American Passport.
Voi.xii,p.i67, I have to inform you that, owing to the extreme youth
M&r. 30, i895«
of the applicant, it will be necessary for her parent to
make the application.
Vol. xiv, As his son is but thirteen years of age, he may be
P- 474'
Mayas, 1896. included in his father's passport, and if he remains in
Germany may later obtain a passport on his own account
by making application to the embassy of the United
States at Berlin. The necessary statements may be made
before the nearest consul. In view of his age it is not
deemed advisable to issue him a separate passport.
NAME OF APPLICANT.
When the applicant's name does not correspond
with the name as given in the naturalization certifi-
cate, which the Department follows, the circum-
stance must be explained. If the error is in the
naturalization certificate, any alteration in it must
be made by the court issuing it, and not by the
Department. If the applicant has changed his
name, an authenticated copy of the legal decree
authorizing the change must be furnished; but in ex-
ceptional cases secondary evidence may be accepted.
Vol. iii, p. 250, You State that the name in this passport is the same as
Aug. 20, 1872. *^ ^
that which appears in the certificate of naturalization, but
that the applicant's name was incorrectly written by the
clerk of the court. If a mistake was made in preparing
the certificate, that document should be returned for
correction to the court from which it was issued.
Vol. ii, p. 390, I have to inform you that if Mr. Scholt is, as his
Apr. 10, 1892. -^ '
affidavit declares, **the identical person described in the
Digest — Naturalization Certificate. 155
certificate of naturalization presented," he should make
his application in the name by which he is so described,
and a passport will be issued to him in that name; or, if
he wishes to change his name, he must present, with his
application for a passport, legal evidence that the change
is made according to the laws of the State in which he
resides.
It is noticed that while your application is signed by Vol. xiv,
you as William Kuechen, the naturalization certificate is ^P*"* '^' *^'
in favor of John Henry W. Kuchen. It will be necessary
that the descrepancy in the names be explained, and that
your identity, with the person described in the certificate
be established before a passport can be issued to you.
NATURALIZATION CERTIFICATE.
The effective proof of citizenship of a person of Effective
alien birth who applies for a passport is his certifi-
cate of naturalization; or, if he acquired citizenship
through the naturalization of his parent, the latter s
certificate of naturalization; or, if the applicant be .
a married woman, the naturalization certificate of
her husband.
Information relative to the steps necessary to a judicial act.
procure naturalization should be sought from a
court having jurisdiction in the premises, and not
from the Department, as naturalization is a judicial
act over which the executive branch of the Govern-
ment exercises no control.
When the certificate of naturalization has been Lost or de-
lost, the applicant's remedy is to apply to the court
stroyed cer-
tificate.
156 The American Passport.
which issued it for a duly certified copy. If the
original certificate and the court record have been
destroyed, application should be made to the proper
court for a restoration of the record. Sometimes
this is not possible, and the Department may then
accept secondary evidence of citizenship; but this
is rarely done, and the nature of the secondary
evidence which may be required is governed by the
circumstances surrounding the case.
ralilltTon"" The Department declines to recognize the validity
of a certificate of naturalization whep it appears
that it was obtained by mistakes or by fraud, and
when a passport is obtained through such a certifi-
cate and subsequently that fact becomes known,
the return of the passport is demanded. Similarly,
an imperfect, defective, or mutilated naturalization
certificate may be rejected. But this Government
denies the right of a foreign government to impeach
a certificate of naturalization issued by an American
court.
General In casc thc uaturalization certificate was filed by
Land Office. ^
the applicant in the General Land Office, the Depart-
ment contents itself with obtaining the information
shown by the certificate from that office.
For the illegal use of a naturalization certificate
heavy penalties are provided by the statutes,
certificatesof A Certificate of election, service as a consular
election, etc.
officer of the United States, a town clerk's certifi-
cate of citizenship, that of the secretary of state of
a State, registration as a voter, proof of having
Digest — Naturalization Certificate, 157
voted, and similar evidence are none of them
acceptable as proof of citizenship in lieu of a natu-
ralization certificate.
Your note of the 17th instant inclosing a check forFraduicnt
naturaliza-
twenty-five dollars to be added to the conscience fund, ^»o"-
**to ease my mind in regard to my manner of getting Dec. 24ri866.
naturalized a few months before the legal term of proba-
tion," has been received. In reply, I have to request that
you return to this Department the passport No. 28300,
dated October 10, 1866, obtained on the naturalization
papers referred to above.
I have to inform you that under an existing rule of this Service as
consul.
Department it is absolutely necessary that you should voi i p 2 g
transmit here for inspection the certificate of naturaliza- °^* ^^' '
tion issued to your father. I have also to state, the fact
of your father having represented this Government at
Ancona, Italy, in the capacity of consul does not verify
the fact of his being a citizen of the United States.
I have the honor to return herewith Mr. E. T. Bullock's incomplete
certificate.
note and the paper purporting to be a certificate of natu- y^i j
ralization of John Muscovally. The certificate does not *"* '' ^°'
state that Mr. Muscovally was admitted a citizen of the
United States. It simply states what **was done in order
that the said John Muscovally might become a natu-
ralized citizen of the United States." A passport can
not be given him on the evidence furnished.
With reference to Mr. Joseph Birch's application for a General
Land Office.
passport, I will thank you to inform the Department, if ^ 1 •
such information is conveniently accessible, whether his ^^^' ^^' '^^^*
certificate of naturalization is on file in your office, and,
if so, what is its date and the name of the court from
which it issued. The applicant thinks it was filed as
1 58 The American Passport.
evidence for the location of land secured by college
script of Tennessee, the entry upon which was made in
187 1. — To the Commissioner of the General Land Office,
onrorSe°^ I have to inform you that the certificate of the secre-
^^^' of state of Texas does not suffice in place of the naturali-
Vol. iv, p. 61,
Apr. 18, 1873. zation paper.
eie?Uo^*^*°^ The certificate of election and that of the county clerk
Voi.iv,p. 203. with reference to the husband's citizenship do not suffice
Aug. 5, 1873.
in place of the naturalization papers. If you will state
the time at which the paper was filed in the General Land
Office, the Department will make inquiry respecting it,
and thus perhaps be able to settle the question of citizen-
ship in accordance with existing regulations.
Destroyed I have to inform you that his certificate of naturaliza-
certificate.
Vol ii p 274 ^^^" ^^ required to complete the application. If this
ar. 1, 172. paper has been destroyed by fire, it is presumed that
Mr. Heimann may procure a duplicate or certified
copy thereof on application to the court from which it
originated.
Apr "',^'87?' ^^^ ^^^ right in supposing that similar instances have
been brought to the attention of the Department of the
destruction of the original naturalization papers by fire,
and at Chicago the destruction of the records of the
court, making it impossible to obtain new certificates of
the records of naturalization.
The Department can not undertake to lay down in
express terms any simple rule to govern matters of this
kind. In the cases in which passports have been granted,
the Department has acted upon satisfactory evidence
of the fact of the naturalization of the applicant at a date
stated in his application. Sometimes testimony is pro-
duced from the parties who were witnesses of the naturali-
Digest — Naturalization Certificate. 159
zation. In other cases citizens known to the Department
have furnished affidavits of the facts. It is sometimes
not difficult for applicants to furnish evidence that they
have voted at certain elections in which only duly natural-
ized citizens could lawfully take part. It is believed that
any citizen, honestly and truly naturalized, who has ful-
filled in good faith all the duties of citizenship for a
period of years, will not be unable to furnish evidence
satisfactory to the Department of the fact of his naturali-
zation and citizenship. Whatever evidence to this effect
you may be able to offer will be carefully examined.
The criminal court of Cook County, Illinois, has within Restored
•^ ' ' court record.
the present month taken action in cases of this character, voi.v,p.37i,
whereby, upon the applicant's petition and affidavit, sup- ^^"^ '^ ^^'
ported by adequate testimony, he has procured an order
of the court recognizing his citizenship and been fur-
nished with the documentary evidence required to sup-
port his application for a passport.
I have to say that when no certificate or record of the Voi. viu,
p. 289,
naturalization is extant the remedy consists in applying ^*^*^''^^3.
to a court of record for an order and certificate recog-
nizing the citizenship upon such proof as the party is able
to furnish. This is the proper way to make competent
proof available and meet the requirements of existing
regulations in regard to passports.
Your claim to citizenship rests entirely upon the alleged Father's
naturali-
citizenship of your father. The main evidence in regard station.
to his citizenship is simply the statement in his affidavit, Dec.%^'1887.
dated October 20, 1869, that he was at the time a citizen
of the United States and had been such since the year
1844. If, as appears from your statements, you were
under the age of eighteen years when you came to reside
i6o
The American Passport,
Voting.
Certificate
ubiquitous.
For. Rels.,
z888, p. 511.
in the United States, you can, under provision of sec-
tion 2167 of the Revised Statutes, obtain naturalization in
your own name immediately upon making the requisite
declaration and proofs before the proper court, and thus
be able to perfect your application for a passport without
regard to your father's nationality.
The fact that you have voted at regular elections in the
United States can not be accepted as conclusive proof
of citizenship. The Department is in frequent receipt of
positive evidence that parties have voted for years who
were not citizens, although they may have honestly be-
lieved themselves to be such. With regard to the pass-
port issued to you by the legation of the United States at
Mexico in December, 1874, it would appear, from your
present statements, that you could not at that time have
furnished better proofs than those which the Department
now deems entirely insufficient.
It is a well-settled principle that judgments duly en-
tered in a competent court having jurisdiction, duly cer-
tified to be such by the executive, are ubiquitous in their
effect; and eminently is this the case with judgments of
naturalization, which are bound up so .intimately with
national honor and polity. Hence it is that it has been
uniformly held by the Department that while, on the
application of a foreign government, it will cause in-
quiries to be made as to whether a judgment of naturali-
zation was improvidently granted, and while it will never
permit itself to grant protection based upon a naturali-
zation decree which is shown to it to be fraudulent, it will
not recognize a foreign government's right to impeach
such decrees. When set up by it as the basis of its action
towards a foreign state, it can not recognize the right of
any foreign executive or court to determine as to their
validity. That determination must be made, so far as
Digest — Naturalization Certificate, i6i
concerns foreign governments, exclusively by itself. — Mr,
Bayard to Mr, McLane^ February 75, 1888,
1. Is a passport to be refused to the wife or widow of a^osfo^
*^ *^ certificate.
naturalized citizen who has not the naturalization papers ^ox. Reis.,
of her husband? ^ 'P-542.
2. Is a passport to be refused to a naturalized citizen
who has left his naturalization papers at home, or who
has lost them? * * *
In all cases arising under the first and second questions
as quoted above the legation should require the original
certificate or a duly certified copy thereof to be produced
as the best evidence of citizenship. If the applicant shall
be unable to produce a certificate of naturalization or a
certified copy thereof, then the naturalization certificate,
like all other records, may be proved by parol, but, to
admit parol proof of it, the following conditions must
exist :
ia) The prior existence of the certificate must be shown. Secondary
^ ' evidence.
(^) If burned or otherwise destroyed, such destruction
of the certificate must be proved.
{c) If lost, diligent but ineffectual search for it must
be shown.
(^) Parol proof of a lost or destroyed certificate should
not be received if the original record of naturalization, of
which a certified copy could be procured, is attainable. A
party who can not produce his naturalization certificate
can not supply it by parol proof, unless he also proves
that the original record of the naturalization is unattain-
able and can not be reproduced by a certified copy. — Mr,
Bayard to Mr, Vignaud, June zj, 1888,
Having been born in Ireland and not personally natural- Destroyed
*^ -^ record.
ized in the United States, you claim American citizenship voi.x, p. 414,
through the naturalization of your father. The record, ^""^ ^' '^^*
A P IT.
1 62 The American Passport.
however, of his naturalization is not produced, since it is
said to have been destroyed by fire in Columbia, South
Carolina. From the absence of that record, other infor-
mation in regard to this naturalization is also lacking,
such as the time at which it was done and the court in
which it was effected.
I exceedingly regret that the Department, which would
be glad to avoid any objection to complying with your
application, finds itself unable to take any action on the
matter as it now stands. Such has been the invariable
view of the Department, to which no exception is known,
as to its functions in cases presenting the same general
features as your own.
Where citizenship of the United States is sought to be
derived from naturalization, the original or a copy of the
decree of naturalization duly authenticated under the seal
of the court issuing it is the customary and competent
evidence -of naturalization. In cases of the loss or de-
struction of the record, it is requisite that proof of such
loss or destruction should be made, and, if it can not be
supplied, a new naturalization would seem to be the
obvious and most effective means of meeting the necessi-
ties of the case.
The Department has uniformally held that the appro-
priate course for a person seeking to establish naturaliza-
tion by other than the ordinary proofs is to resort to the
judicial branch of the Government, which is exclusively
charged with authority to naturalize aliens, and which is
invested with the necessary powers for investigating and
determining matters of fact which are essential to the
acquisition of citizenship. It is upon the judgment of
the court, duly promulgated and recorded in accordance
with law, that the Department acts, and it has never been
held to be authorized to act on any other basis.
Digest — Naturalization Certificate. 163
It appears by your sworn statement that you arrived False natu-
in this country from Bremen on or about the month o^ voi. x, p. 435.
June, 1863, and that you had resided here four years *^^'''
uninterruptedly at the time of your naturalization on the
17th of June, 1867. Your certificate of naturalization,
however, recites that you had resided within the limits
and jurisdiction of the United States for a full term of
six years and upwards previous to being admitted to
citizenship. Before the Department acts upon your appli-
cation for a passport, it would be glad to have you explain
the foregoing discrepancy.
You are informed that this Department can not accept Town cicrk.
the certificate of the town clerk of New Britain, Con-^^y^^'P^'^
necticut, that he was ** admitted and sworn an elector of
the State of Connecticut'* as sufficient evidence of his
citizenship, and it will be necessary for him to produce
his certification of naturalization as required in the Gen-
eral Instructions.
You state that you were born in Austria June 11, 1866, J^nlat?on"
and were naturalized by the court of the eastern district voixu, p. 170,
Apr. I, 1895.
at New Orleans, Louisiana, February 5, 1886. As you had
not attained your majority, the certificate of naturaliza-
tion submitted can not be accepted by this Department as
satisfactory, and a passport can not be granted you.
Your former passport was inadvertently issued to you
and can not be repeated.
I have to inform you that the clerk of the county court I5^p^Jf ^°
is the proper person to whom you should apply for the Voi. xm,
&127.
. vw w^ 0.7--* "' vw..w.*.^«v*v^x. ar. 10,1896.
papers. It is not within the province of this Department
to decide such questions, unless some special case arises
in connection with the departmental business.
1 64 The A merican Passport.
Registration. The paper accompanying the application appears to be
Vol. xiv, simply his registration as a voter in the city of New
LJ* ZOO*
ay 12, 1896. Qrieans and can not be accepted as adequate proof of his
citizenship.
Il™l«^^^«^ In all cases where any oath or affidavit is made or taken
securing and ^
naturaHzsf- undcr or by virtue of any law relating to the naturaliza-
tion certifi-
cates, tion of aliens, or in any proceedings under such laws, any
R. s., sec. person taking or making such oath or affidavit who know-
ingly swears falsely, shall be punished by imprisonment
not more than five years, nor less than one year, and by
a fine of not more than one thousand dollars. (See sec-
tions 2165-2174.)
R. s., sec. Every person applying to be admitted a citizen, or
54*4'
appearing as a witness for any such person, who know-
ingly personates any other person than himself, or falsely
appears in the name of a deceased person, or in an
assumed or fictitious name, or falsely makes, forges, or
counterfeits any oath, notice, affidavit, certificate, order,
record, signature, or other instrument, paper, or pro-
ceeding required or authorized by any law relating to or
providing for the naturalization of aliens; or who utters,
sells, disposes of, or uses as true or genuine, or for any
unlawful purpose, any false, forged, ante-dated, or coun-
terfeit oath, notice, certificate, order, record, signature,
instrument, paper, or proceeding above specified ; or sells
or disposes of to any person other than the person for
whom it was originally issued any certificate of citizen-
ship, or certificate showing any person to be admitted a
citizen, shall be punished by imprisonment at hard labor
not less than one year, nor more than five years, or by a
fine of not less than three hundred nor more than one
thousand dollars, or by both such fine and imprisonment.
R. s., sec. Every person who uses, or attempts to use, or aids,
or assists, or paticipates in the use of any certificate of
Digest — ■Naturalization Certificate. 165
citizenship, knowing the same to be forged, or coun-
terfeit, or ante-dated, or knowing the same to have been
procured by fraud or otherwise unlawfully obtained ; or
who, without lawful excuse, knowingly is possessed of
any false, forged, ante-dated, or counterfeit certificate
of citizenship, purporting to have been issued under the
provisions of any law of the United States relating to nat-
uralization, knowing such certificate to be false, forged,
ante-dated, or counterfeit, with intent unlawfully to use
the same; or obtains, accepts, or receives any certificate
of citizenship known to such person to have been pro-
cured by fraud or by the use of any false name, or by
means of any false statement made with intent to pro-
cure, or to aid in procuring, the issue of such certificate,
or known to such person to be fraudulently altered or
ante-dated ; and every person who has been or may be
admitted to be a citizen who, on oath or by affidavit, know-
ingly denies that he has been so admitted, with intent to
evade or avoid any duty or liability imposed or required
by law, shall be imprisoned at hard labor not less than
one year nor more than five years, or be fined not less
than three hundred dollars, nor more than one thousand
dollars, or both such punishments may be imposed.
Every person who in any manner uses for the purpose R. s., sec.
5426.
of registering as a voter, or as evidence of a right to vote,
or otherwise, unlawfully, any order, certificate of citizen-
ship, or certificate, judgment, or exemplification, showing
any person to be admitted to be a citizen, whether here-
tofore or hereafter issued or made, knowing that such
order or certificate, judgment, or exemplification has been
unlawfully issued or made ; and every person who unlaw-
fully uses, or attempts to use, any such order or certifi-
cate, issued to or in the name of any other person, or in
a fictitious name, or the name of a deceased person, shall
1 66 The American Passport.
be punished by imprisonment at hard labor not less than
one year nor more than five years, or by a fine of not less
than three hundred nor more than one thousand dollars,
or by both such fine and imprisonment.
R. s., sec. Every person who knowingly and intentionally aids or
abets any person in the commission of any felony de-
nounced in the three preceding sections, or attempts to do
any act therein made felony, or counsels, advises, or pro-
cures, or attempts to procure, the commission thereof,
shall be punished in the same manner and to the same
extent as the principal party.
R.S., sec. Every person who knowingly uses any certificate of
naturalization heretofore granted by any court or here-
after granted, which has been or may be procured through
fraud or by false evidence, or has been or may be issued
by the clerk, or any other officer of the court without any
appearance and hearing of the applicant in court and
without lawful authority; and every person who falsely
represents himself to be a citizen of the United States,
without having been duly admitted to citizenship, for any
fraudulent purpose whatever, shall be punishable by a
fine of not more than one thousand dollars, or be impris-
oned not more than two years, or both.
R.^s., sec. 'pj^g provisions of the five preceding sections shall apply
to all proceedings had or taken, or attempted to be had
or taken, before any court in which any proceeding for
naturalization may be commenced or attempted to be
commenced. (See sections 2 165-2 174.)
OATH OF ALLEGIANCE.
Before a person is granted a passport, he is re-
quired to take an oath or affirmation of allegiance
to the Constitution of the United States. The
Digest — Oath of Allegiance. 167
form of oath is the same as that prescribed by sec-
tion 1757 of the Revised Statutes of the United
States, and no alteration or addition which tends
to invalidate it is permitted. Minor children who
are old enough to understand the nature of an oath
and women are included in this requirement. Pre-
vious to 1 86 1 it was not required, but since then it
has been exacted in all cases.
I have had the honor to receive your note of the istvoi. i,p. 302,
^ Feb. 3, 1864.
instant asking that the Right Reverend Doctor Laughiin^
Bishop of Buffalo, may be exempted from taking the oath
of allegiance to the United States before receiving a pass-
port from this Department. In reply I regret to inform
you that, although I have personally entire confidence in
the loyalty of Doctor Laughlin and every inclination to
comply with any reasonable request of yours, I do not
deem myself at liberty to dispense with the oath referred
to in any case during the present civil war.
I have to say that the oath of allecfiance is required of Voi. u, p. 167,
^ O -I jJq^ 23, 1871.
all applicants for passports. It is not, of course, under-
stood as imposing the obligation to bear arms upon one
of youf sex, or to require anything beyond the proper
sphere of womanhood.
The Department can not recognize an oath of alle- Voi.xii,p.2i9,
Apr. 30, 1895.
giance to the Constitution of the United States which
contains any reservation, and a passport can not be issued
in your favor until you have filed the oath which is re-
quired in all cases.
Every applicant must take the oath of alleefiance to ^"^*^ 4,.niies
J *^ ^ o governing
the Government of the United States. L^r^passpom.
1 68
The American Passport,
Modified
form.
A nte, p. 71.
Letter of
Oct. 7, 1897.
You are informed that this Government has no dis-
position to deny any loyal citizen traveling or sojourning
abroad in lawful pursuit of his business or pleasure the
protection of a passport ; nor does it desire to place upon
him any requirements of application for a passport re-
pugnant to his conscience or the free exercise of his
religious belief. But it is manifestly proper that before
issuing a passport the Government should exact from the
person who applies for it a promise that he will, on his
part, support and defend the Government whose protec-
tion he solicits. The oath of allegiance is therefore re-
quired from all persons before they are granted passports,
and to this regulation the Department adheres; nor will
it accept an oath which contains any alteration or ad-
dition tending to invalidiate it. The words used by Mr.
* * * amount to a protest against the Constitution of
the United States, and it is understood that s^ch is the
intention of their meaning. The Department can not
accept this oath. * * *
It is not doubted, however, that Mr. * * * is a citizen
of the United States, and the antecedents of the sect to
which he belongs have tended to demonstrate the loyalty
of its members to the Government of the United States.
In order, therefore, that no hardship may be visited upon
any loyal citizens because they follow the dictates of con-
science, the Department is willing to reconsider so much
of the letter of September 30 as refuses to accept any
modification of the form of the oath as now prescribed,
and Mr. * * * may submit another application, contain-
ing the oath of allegiance in the form now used, except
that the word ** Government" may be inserted for the
word ** Constitution," and the statement added, **That I
acknowledge allegiance to no other government," so that
the oath shall read: (See for form ante^ p. 71.)
Digest — Passports, Necessity For, 1 69
PASSPORTS, NECESSITY FOR.
As a general statement, the Department advises
persons who purpose traveling abroad to procure
passports, in order that they may be able to estab-
lish their nationality, should occasion require, as
well as for the purpose of entering those countries
which require travelers to produce passports at the
frontier.
Your letter of the i8th instant requestinsf to be in- Voi. i, p. 151,
° Dec. 22, 1868.
formed if any reliance can be placed upon recent articles
in the New York papers advising all American citizens who
desire to reside for any length of time in any of the Ger-
man cities to provide themselves with passports, and also
informing the public that passports are very desirable for
Russia and Austria and indispensable for Cuba, has been
received. In reply I have to inform you that the articles
referred to can be relied upon. This Department would
advise all citizens visiting foreign countries to provide
themselves with passports, as they might be liable to
serious inconvenience if unprovided with authentic proof
of their national character.
Citizens of the United States visiting foreign countries General in-
structions in
are liable to serious inconvenience if unprovided with ^^l^^^^^s
authentic proof of their national character. The best ^""^ '' ^^^'
safeguard is a passport from this Department certifying
the bearer to be a citizen of the United States.
The Department has at various times in the past byMr. oineyto
the President,
public announcement advised American citizens about to ^^^' s. 1897.
proceed abroad to provide themselves with passports
from this Government. Although the tendency of recent
years has been towards freer and less hampered travel,
1 70 The American Passport.
some countries abolishing all passport requirements and
some omitting their enforcement, there are still govern-
ments which exact passports before admitting foreigners
to their dominions; and in most of the countries of con-
tinental Europe a foreigner after a brief sojourn is re-
quired to establish his identity and nationality before the
local authorities, for which purpose the most effective
document is a passpost. As many individual cases of
inconvenience arising from a failure to procure passports
have been brought to the Department's attention, * * *
it must be said that it is still a wise precaution, if not a
necessity, for all Americans to carry passports from their
Government if they purpose traveling extensively or
sojourning in foreign countries.
PROTECTION DOCUMENT.
A passport is the only document issued by this
Government for the protection of Americans travel-
ing in foreign countries.
»
Vol. i, p. 71, I have to inform you that a passport as a citizen of the
Aug. 31, 1867.
United States may be expected to secure for you in Great
Britain or Ireland the same privileges and exemptions
which, under similiar circumstances, would be enjoyed by
a British subject with a Foreign Office passport in the
United States.
Vol. X, p. 53, The usual passport issued from this office is the only
Mar. 23, 1887.
document provided by the Government for the protection
of American citizens who are about to visit foreign
countries.
Voi.x,p. 198, Replying to your letter of * * * received May 25, in
which you state that you are a naturalized citizen of the
Digest — Protection of Passport. 171
United States and desire to return on a visit to Germany
and request that a passport be issued in your favor, with
such instruction as will prevent your detention in Ger-
many, you are informed that, upon your complying with
the regulations and making application in due form, a
passport will be issued; but the Deparment can not
accompany it with any special instructions.
During your temporary residence abroad you will re-
ceive such protection as this Government accords to
citizens of the United States.
PROTECTION OF PASSPORT.
Excepting the special or official passport, which
need not enter into consideration, this Government
issues the same form of passport to all citizens of
the United States, whether they are native born or
naturalized. All are accorded equal protection
abroad, the law requiring that there be no discrimi-
nation. But if a citizen of alien birth returns to
the country of his original allegiance and we have
no treaty on the subject of naturalization with
that country exempting him from such laws as
may cover his case, he is liable to apprehension
if he violated law before emigrating or by obtain-
ing naturalization in this country. This Depart-
ment lends its good offices, through its agents
abroad, in preventing injustice to its citizens;
but in civilized countries the local law is supreme,
until it has been superseded by treaty provisions,
and naturalized Americans can not expect to escape
1 72 The American Passport.
from its operations when they voluntarily place
themselves within its sphere.
Wharton's Within OUT domcstic lurisdiction we are bound to
Dig. Int. •'
Law, vol. ii, uphold and enforce the riefht of expatriation, and our
p. 329. *^ & 1' >
assertion of that right follows, to every foreign country,
the alien who has become a citizen of the United States
by due process of law, and regards him as the equal of a
native-born American citizen. — Secretary of State to Mr.
Cox^ November 28^ 188^,
France. The Department has received your letter of March 28,
P°34r"' asking for a passport to protect you in returning to
pr. 1, 1896. Yr2Xic^^ the country of your nativity, and stating that
when you came to this country you were exempt from
military service in France, because you were an ecclesi-
astical student, but that after having been ordained a
priest in this country you were later called upon to serve
in the French army, which call you did not obey.
In reply you are informed that the Department under-
stands that under French law the naturalization abroad
of a French citizen who has not complied with the mili-
tary laws is deemed void, unless his naturalization was
auTthorized by the French Government. The Department
is not informed as to what classes of persons are exempt
from military service in France.
This Government can give you no assufance of immu-
nity from the operation of the laws of France in the event
of your voluntarily placing yourself again within the
jurisdiction of that country; but, should occasion arise,
our diplomatic representative in France will, upon appli-
cation, afford you such assistance as the circumstances of
the case may justify.
Department jn the absence of any statutory authority and in view
23,1896. ^£ ^^ provisions of sections 1999 and 2000, Revised
Digest — Protection of Passport. 1 73
Statutes, it would be impossible for this Department to
make, in the issuance of passports, any distinction be-
tween native and naturalized citizens.
The absence of authority to make such distinction is, Germany,
however, in some instances a disadvantage to the holder
of a passport — as, for example, in Germany and other
countries with which the United States have naturaliza-
tion treaties containing a two years' residence clause —
and it has been pointed out in recent correspondence that
it would materially contribute to the immunity of the
bearer of a passport from molestation and examination
were it to indicate upon its face not merely that the
person has been naturalized, but that he has resided in
the United States the full term of five years, which is
further prescribed by those treaties as a condition to ex-
emption from claims growing out of the bearer's original
allegiance. As it is, the passport is only positive evi-
dence of the fact of citizenship; and, it being silent as
to the conditions of lawful naturalization and five years'
residence, the authorities of the several treaty countries
may, and in fact do, call upon the bearer to further show
that he comes under the treaty conditions by proving
lawful naturalization and the stipulated period of resi-
dence. Here, again, he may encounter difficulty, for the
certificates of naturalization, as issued by the different
courts of this country, vary greatly as to form and state-
ment, and often certify only that the party has fulfilled
the statutory conditions precedent to naturalization,
leaving the five years' residence to be independently
proved in some other way. This is not always easy, and
delay and hardship in procuring the necessary proof
frequently ensue.
So far as I have been able to ascertain, the legislation Distinction
abroad be-
and regulations of most countries in regard to passports ^^^^^ native
make a distinction between the native and the naturalized ^^^^ c'tizens.
1 74 The American Passport.
British prac- citizen. The British rule in this regard may be cited.
Under the act of 33 Victoria, chapter 14, being the Brit-
ish naturalization statute, it is prescribed that the natu-
ralization of an alien shall be without force and effect
should he return to the country of his original allegiance,
unless by the laws thereof, or by treaty between that
country and Great Britain, his change of status is recog-
nized; and an indorsement in the language Qf the natu-
ralization act is made upon all British passports issued to
naturalized aliens as follows: **This passport is granted
with the qualification that the bearer shall not, when
within the limits of the foreign state of which he was a
subject previously to obtaining his certificate of naturali-
zation, be deemed a British subject, unless he has ceased
to be a subject of that state in pursuance of the laws
thereof or in pursuance of a treaty to that effect."
Among the other continental states, the rule very gen-
erally obtains of requiring an applicant for naturalization
to produce evidence that he is permitted by his sovereign
to change his allegiance; and, in the absence of evidence
of such permission, naturalization is refused. This rule
is so far conformed to by the European governments that
it is there regarded as a declaratory application of an
accepted principle of international law.
The legislation of the United States and of most of the
countries of the Western Hemisphere does not, however,
prescribe any such condition for admission to citizenship,
nor make any distinction between the native and the
naturalized citizen as respects passports or protection.
CITIZENSHIP AND NATURALIZATION.
Department Treaties regulating the rights of persons who have emi-
circular. .../.,
grated from the territory of one of the contracting parties
and have been naturalized in that of the other party have
been concluded between the United States and the follow-
Digest — Protection of Passport. 175
ing powers: Austria-Hungary, Baden, Bavaria, Belgium,
Denmark, Ecuador, Great Britain, Hesse-Darmstadt, the
North German Union, Sweden and Norway, and Wiirtem-
berg.
The treaties with Austria-Hungary, Baden, Bavaria,
Hesse-Darmstadt, the North German Union, and Wiir-
temberg provide that citizens or subjects of these powers
who have become naturalized citizens of the United States
and have resided therein ** uninterruptedly " for five years
shall be held to be citizens of the United States, and shall
be treated as such. The treaty with Sweden and Norway
provides for similar treatment of subjects who have re-
sided in the United States **for a continuous period of at
least five years and during such residence have become
naturalized citizens of the United States. "
The treaties with Belgium, Denmark, Ecuador, and
Great Britain recognize citizenship whenever acquired
under our laws.
The exceptions to the requisition of five years' residence
under our statutes are:
1. Soldiers who have been honorably discharged from
the armies of the United States. Such persons, being of
the age of twenty-one years and upward, may be natural-
ized without any previous declaration of intention to be-
come citizens, and without being required to prove more
than one year's residence in the United States previous to
their application. (See section 21 of act of Congress of
July 17, 1862; 12 Stats., 597.) An erroneous notion has
to some extent prevailed that the mere facts of service
and discharge are equivalent to naturalization, whereas
they are only part of the evidence on which naturaliza-
tion may be granted.
2. Seamen who have declared their intention to become
citizens and who, subsequently to such declaration, have
1 76 The American Passport,
served three years on board of a merchant vessel of the
United States may be admitted to citizenship:
**And every seaman * * * shall, after his declara-
tion of intention to become a citizen, * * * and after
he shall have served such three years, be deemed a citi-
zen of the United States for the purpose of manning and
serving on board any merchant vessel of the United
States * * * ; but such seaman shall, for all purposes
of protection as an American citizen, be deemed such
after the filing of his declaration of intention." * * *
(Act of June 7, 1872; R. S., sec. 2174.)
3. The children of persons duly naturalized, being under
twenty-one years of age at the time of their parents being
so naturalized, are, if dwelling within the United States,
considered as citizens. (Act of April 14, 1802; R. S.,
sec. 2172.)
4. Persons born out of the limits and jurisdiction of the
United States whose fathers at the time of such birth were
citizens of the United States; and
5. Women married to citizens of the United States.
(Act of February 10, 1855; R. S., sec. 1994.)
It has been decided (7 Wallace, 496) that the state
of marriage confers citizenship on the wife, whether the
citizenship of the husband existed at the time of marriage
or was subsequently acquired. It has also been provided
(R. S., sec. 2168) that when any alien who has duly de-
clared his intention to become a citizen dies before he is
actually naturalized, the widow and the children of such
alien shall be considered as citizens of the United States,
and shall be entitled to all rights and privileges as such
on taking the oaths prescribed by law.
In the explanatory protocols annexed to some of the
treaties it is stated that the words '* resided uninterrupt-
edly" are to be understood, not of a continued bodily
Digest — Protection of Passport. 177
presence, but in the sense of general residence ; and there-
fore a transient absence, subordinated to such residence,
by no means interrupts the period of **five years" contem-
plated by such treaties. It is presumed that this con-
struction will be accepted by the other powers which have
not in terms announced their assent thereto.
The treaties referred to generally contain a provision
that **the declaration of an intention to become a citizen
of one or the other country has not for either party the
effect of naturalization." But, aside from the treaties,
the issuing of passports to any other persons than citizens
of the United States was, and still remains, prohibited by
act of Congress.
The treaties in some cases provide that if a subject of
the other contracting party, who has been naturalized
in the United States, renews his residence in the country
of his original allegiance, without the intent to return to
the United States, he shall be held to have renounced his
naturalization in the United States. It has also been re-
peatedly held by the Department of State that residence
in a foreign land, entered on and continued in as a perma-
nence, without the intention of returning being shown,
precludes one who may be nominally a citizen of the
United States from obtaining the interposition of the Gov-
ernment of the United States in his behalf in a claim
against a foreign state. It has also been held that an
avoidance in such cases of taxes or other obligations due
the United States is a fact from which an abandonment
of allegiance may be inferred. The intention not to re-
turn is assumed in some of the treaties to be established
when the person naturalized in the one country resides in
the other country more than two years, but this presump-
tion may be rebutted.
The pertinent provisions of the treaties in regard to
renunciation of naturalization are given in Appendix A.
A p 12
1 78 The American Passport,
Several of the treaties further provide that a naturalized
citizen of the one party, on return to the territory of the
other party, remains liable to trial and punishment for an
action punishable by the laws of his original country and
committed before his emigration, saving, always, the limi-
tation established by the laws of his original country;
some of them — for example, Baden, Bavaria, and Wiir-
temburg — add **or any other remission of liability to
punishment."
The ministers of justice and the interior of the North
German Union have issued circular instructions to the
effect that the punishable action committed by the unau-
thorized emigration of a subject shall not be made the
ground for a penal prosecution upon the return of such
person to his former country after an absence of not less
than five years and his naturalization in the United States.
A similar intention is declared in the explanatory protocol
accompanying the treaty with Bavaria, and it may reason-
ably be expected that the other powers with whom we
have treaties on this subject will construe them with the
• same liberality.
Inquiries are constantly received at the Department from
naturalized citizens of the United States for advice as to
whether they would be likely to encounter molestation
should they return to their native country. Following a
uniform and necessary rule, the Department declines to
give opinions on the merits of hypothetical cases so pre-
sented, involving questions of foreign laws and policies
the interpretation of which is not within its province.
Liability to prosecutions for military or other offenses
committed prior to emigration is not, as a rule, affected
by the naturalization of the offender. Such provisions as
are found in the treaties on this subject are given in Ap-
pendix B, The various offenses and penalties therefor,
Digest — Protection of Passport. 1 79
and the limitations upon prosecutions, being matters of
foreign municipal law, are necessarily outside the advisory
province of this Department.
In respect to those countries with which we have no
naturalization treaties, it is necessary to speak with great
reserve. It would not be possible to give an interpretation
to foreign laws, even if their entire text were in our pos-
session. The construction of those laws belongs to the
judicial tribunals of the countries in which they are pro-
mulgated. It must be understood, therefore, that what
follows is collected from authors of good repute and other
unofficial sources, and is given only as such, but without
affirming its authority. With this qualification, the fol-
lowing statements may be made :
France. — By the laws of France, a French citizen can
not expatriate himself and change his allegiance without
obtaining the consent of his Government. He may lose his
national character, however, by doing several acts, among
which is the unauthorized seeking or accepting of foreign
citizenship. By such a transfer of allegiance he loses his
claim to French citizenship and subjects himself to certain
disabilities. Unlike any other foreign citizen, for instance,
he can not take up his residence in France without the
authorization of the French Government, and, if he at-
tempts to do so, he may be expelled. No foreigner can
serve in the French army. A Frenchman, therefore, who
has been naturalized in the United States can not be held
to perform military service in France. But this exemp-
tion can be secured only by administrative or judicial act.
The son of every Frenchman is registered at the place
of his birth, if born in France, or at the place of his
family's residence, if born abroad, as liable to military
service. This registration forms in each commune a
recruiting list, and, when the time comes, each person on
i8o The American Passport.
the list is notified to present himself at a designated place.
If he fails to report when called upon, he is charged with
insubmission (ddit d'insoumission)^ and his name and de-
scription are given to the police authorities, with the order
to arrest him when found. If he has been naturalized
abroad, he is still liable to arrest immediately on his return
to France. If he pleads that he has renounced his original
nationality, he is required to go before a civil tribunal and
show by properly authenticated papers that his naturali-
zation was in conformity with the law of the country in
which it was effected. If the tribunal is satisfied on this
point, it adjudges him to have lost **the quality of a
Frenchman ; " and the defendant then goes back to the
council of war. Here his name is definitely erased from
the military rolls. But he is nevertheless tried for the
offense of insubmission committed before he could legally
have thrown off his original allegance. If three years have
elapsed since the day he was fully naturalized, he is dis-
charged. If such a period has not elapsed, he falls under
the operation of the law punishing insubmission and is
sentenced to a fine or to a few weeks' or months' imprison-
ment, perhaps to both, according to the circumstances of
the case. Whether punished or not, he is turned over,
after his release, to the civil authorities. If he is sup-
posed to be a bona fide citizen, he is not interfered with ;
but, if suspected of having acquired his foreign citizen-
ship to escape military service, he is at once ordered to
leave France. (See dispatch of Mr. Vignaud to Mr.
Frelinghuysen, No. 665, November 13, 1884.) In any
event he may be subjected to the costs of the proceed-
ings.
Spain and Greece treat nationality as lost by naturaliza-
tion in a foreign country or by entering without license
into its civil or military service. In the ultramarine prov-
Digest — Protection of Passport. 1 8 1
inces of Spain no one considered as a foreigner by Spanish
law is subject to military service. Foreigners are also ex-
empt there from personal service in the municipal guards.
But domiciled residents who have their own houses are
subject to charges for furnishing lodging and transpor-
tation.
Italy still holds to the indissolubility of natural alle-
giance, unless the consent of the Sovereign be obtained to
the renunciation. (For. Rel. U. S., 1878, pp. 458, 459, 469.)
Hence naturalization abroad, without the King's permis-
sion, does not exempt from conscription for military
service.
In Switzerland it has been held that naturalization in
the United States, when preceded by an accepted renuncia-
tion of Swiss allegiance, dissolves such allegiance. (For.
Rel. U. S., 1879, p. 973.)
A Russian subject can not emigrate or become natural-
ized in a foreign country without the permission of the
Emperor. If he does so, he commits an offense for which
he may be subjected to a fine or exile. The application
of this penalty is his only guaranty against his being
compelled to stand the chances of the lot for the annual
supply of recruits. By a law of January i, 1874, Russian
subjects are forbidden to throw off their allegiance until
they have performed their military service. This law ap-
plies to all subjects above the age of fifteen.
A subject of the Ottoman Empire can not divest himself
of that character without the authority of the Imperial
Government. If, without such authority, he accepts a
foreign naturalization, it is regarded as of no effect, both
in reference to himself and to his children. Every person
who obtains naturalization abroad or enters a foreign
military service without the permission of the Sultan may
be declared to have forfeited his Ottoman character, and
1 82 The American Passport.
in that case is altogether interdicted from returning to the
Ottoman Empire.
Directions for procuring passports may be obtained by
addressing the Department of State, Passport Division,
Washington, D. C.
APPENDIX A.
Austria- Hungary. — Article IV. The emigrant from the
one state who, according to article i, is to be held as a
citizen of the other state, shall not, on his return to his
original country, be constrained to resume his former
citizenship; yet if he shall of his own accord reacquire it
and renounce the citizenship obtained by naturalization,
such a renunciation is allowable, and no fixed period of
residence shall be required for the recognition of his
recovery of citizenship in his original country.
Baden. — Article IV. The emigrant from the one state
who, according to the first article, is to be held as a citizen
of the other state, shall not, on his return to his original
country, be constrained to resume his former citizenship;
yet if he shall of his own accord reacquire it and renounce
the citizenship obtained by naturalization, such a renuncia-
tion is allowed, and no fixed period of residence shall be
required for the recognition of his recovery of citizenship
in his original country.
Bavaria. — Article IV. If a Bavarian, naturalized in
America, renews his residence in Bavaria without the
intent to return to America, he shall be held to have
renounced his naturalization in the United States. Re-
ciprocally, if an American, naturalized in Bavaria, renews
his residence in the United States without the intent to
return to Bavaria, he shall be held to have renounced his
naturalization in Bavaria. The intent not to return may
be held to exist when the person naturalized in the one
country resides more than two years in the other country.
I
Digest — Protection of Passport, 1 83
Protocol. — Relating to article four of the treaty. — i. It
is agreed on both sides that the regulative powers granted
to the two governments respectively by their laws for pro-
tection against resident aliens whose residence endangers
peace and order in the land are not effected by the treaty.
In particular the regulation contained in the second clause
of the tenth article of the Bavarian military law of the
30th of January, 1868, according to which Bavarians emi-
grating from Bavaria before the fulfillment of their mili-
tary duty can not be admitted to a permanent residence
^ in the land till they shall have become thirty-two years
old, is not affected by the treaty. But yet it is established
and agreed that by the expression ** permanent residence"
used in the said article, the above-described emigrants
are not forbidden to undertake a journey to Bavaria for a
less period of time and for definite purposes, and the
Royal Bavarian Government, moreover, cheerfully de-
clares itself ready, in all cases in which the emigration has
plainly taken place in good faith, to allow a mild rule in
practice to be adopted.
2. It is hereby agreed that when a Bavarian naturalized
in America, and reciprocally an American naturalized in
Bavaria, takes up his abode once more in his original
country without the intention of return to the country of
his adoption, he does by no means thereby recover his
former citizenship; on the contrary, in so far as it relates
to Bavaria, it depends on His Majesty the King whether
he will or will not in that event grant the Bavarian
citizenship anew.
The article fourth shall accordingly have only this
meaning, that the adopted country of the emigrant can
not prevent him from acquiring once more his former
citizenship; but not that the state to which the emigrant
originally belonged is bound to restore him at once to
184 The American Passport.
his original relation. On the contrary, the citizen natu-
ralized abroad must first apply to be received back into
his original country in the manner prescribed by its laws
and regulations, and must acquire citizenship anew, ex-
actly like any other alien. But yet it is left to his own
free choice whether he will adopt that course or will pre-
serve the citizenship of the country of his adoption. The
two plenipotentiaries give each other mutually the assur-
ance that their respective Governments in ratifying this
treaty will also regard as approved and will maintain the
agreements and explanations contained in the present
protocol, without any further formal ratification of the
same.
Belgium. — Article IV. Citizens of the United States
naturalized in Belgium shall be considered by Belgium as
citizens of the United States when they shall have recov-
ered their character as citizens of the United States accord-
ing to the laws of the United States. Reciprocally,
Belgians naturalized in the United States shall be con-
sidered as Belgians by the United States when they shall
have recovered their character as Belgians according to
the laws of Belgium.
Denmark, — Article II. If any such citizen of the United
States, as aforesaid naturalized within the Kingdom of
Denmark as a Danish subject, should renew his residence
in the United States, the United States Government may,
on his application and on >3uch conditions as that Govern-
ment may see fit to impose, readmit him to the character
and privileges of a citizen of the United States, and the
Danish Government shall not in that case claim him as
a Danish subject on account of his former naturalization.
In like manner, if any such Danish subject, as aforesaid
naturalized within the United States as a citizen thereof,
should renew his residence within the Kingdom of Den-
Digest — Protection of Passport, 185
mark, His Majesty's Government may, on his application,
and on such conditions as that Government may think fit
to impose, readmit him to the character and privileges of
a Danish subject, and the United States Government
shall not in that case claim him as a citizen of the
United States on account of his former naturalization.
Article III. If, however, a citizen of the United States
naturalized in Denmark shall renew his residence in the
former country without the intent to return to that in
which he was naturalized, he shall be held to have re-
nounced his naturalization. In like manner, if a Dane
naturalized in the United States shall renew his residence
in Demark without the intent to return to the former
country, he shall be held to have renounced his naturali-
zation in the United States. The intent not to return
may be held to exist when a person naturalized in the
one country shall reside more than two years in the other
country.
Ecuador. — Article II. If a naturalized citizen of either
country shall renew his residence in that where he was
born, without an intention of returning to that where
he was naturalized, he shall be held to have reassumed
the obligations of his original citizenship and to have
renounced that which he had obtained by naturalization.
Article III. A residence of more than two years in the
native country of a naturalized citizen shall be construed
as an intention on his part to stay there without returning
to that where he was naturalized. This presumption,
however, may be rebutted by evidence to the contrary.
Great Britain. — Article II. Such citizens of the United
States as aforesaid, who have become and are naturalized
within the dominions of Her Britannic Majesty as British
subjects, shall be at liberty to renounce their naturaliza-
tion and to resume their nationality as citizens of the
1 86 The American Passport,
United States, provided that such renunciation be pub-
licly declared within two years after the exchange of the
ratifications of the present convention. Such British
subjects as aforesaid, who have become and are natural-
ized as citizens within the United States, shall be at liberty
to renounce their naturalization and to resume their
British nationality, provided that such renunciation be
publicly declared within two years after the 12th day of
May, 1870. The manner in which this renunciation may
be made and publicly declared shall be agreed upon by
the Governments of the respective countries.
Article III. If any such citizen of the United States,
as aforesaid naturalized within the dominions of Her
Britannic Majesty, should renew his residence in the
United States, the United States Government may, on his
own application and on such conditions as that Govern-
ment may think fit to impose, readmit him to the character
and privileges of a citizen of the United States, and
Great Britain shall not in that case claim him as a
British subject on account of his former naturalization.
In the same manner, if any such British subject, as afore-
said naturalized in the United States, should renew his
residence within the dominions of Her Britannic Maj-
esty, Her Majesty's Government may, on his own appli-
cation and on such conditions as that Government may
think fit to impose, readmit him to the character and
privileges of a British subject, and the United States
shall not in that case claim him as a citizen of the
United States on account of his former naturalization.
Hesse-Darmstadt. — Article IV. If a Hessian, naturalized
in America, but originally a citizen of the parts of the
Grand Duchy not included in the North German Con-
federation, renews his residence in those parts without
the intent to return to America, he shall be held to have
Digest — Protection of Passport. 187
renounced his naturalization in the United States. Re-
ciprocally, if an American, naturalized in the Grand
Duchy of Hesse (within the above-described parts),
renews his residence in the United States without the
intent to return to Hesse, he shall be held to have
renounced his naturalization in the Grand Duchy. The
intent not to return may be held to exist when the per-
son naturalized in one country resides more than two
years in the other country.
North German Union, — Article IV. If a German natural-
ized in America renews his residence in North Germany,
without the intent to return to America, he shall be held
to have renounced his naturalization in the United States.
Reciprocally, if an American, naturalized in North Ger-
many, renews his residence in the United States, without
the intent to return to North Germany, he shall be held
to have renounced his naturalization in North Germany.
The intent not to return may be held to exist when the
person naturalized in the one country resides more than
two years in the other country.
Sweden and Norway, — Article III. If a citizen of the one
party, who has become a recognized citizen of the other
party, takes up his abode once more in his original
country and applies to be restored to his former citizen-
ship, the Government of the last-named country is
authorized to receive him again as a citizen on such
conditions as the said Government may think proper.
Protocol. — III. Relating to the third article of the con-
vention. It is further agreed that if a Swede or Nor-
wegian who has become a naturalized citizen of the United
States renews his residence in Sweden or Norway without
the intent to return to America, he shall be held by the
Government of the United States to have renounced
his American citizenship. The intent not to return to
1 88 The American Passport.
America may be held to exist when the person so natu-
ralized resides more than two years in Sweden or Nor-
way.
Wiirtemberg, — Article IV. If a Wiirtemberger natural-
ized in America renews his residence in Wiirtemberg
without the intent to return to America, he shall be held
to have renounced his naturalization in the United States.
Reciprocally, if an American naturalized in Wiirtemberg
renews his residence in the United States without the
intent to return to Wiirtemberg, he shall be held to have
renounced his naturalization in Wiirtemberg. The intent
not to return may be held to exist when the person natu-
ralized in the one country resides more than two years in
the other country.
APPENDIX B.
Austria- Hungary. — Article II. A naturalized citizen of
the one party, on return to the territory of the other
party, remains liable to trial and punishment for an action
punishable by the laws of his original country committed
before his emigration, saving always the limitation estab-
lished by the laws of his original country and any other
remission of liability to punishment. In particular, a
former citizen of the Austro-Hungarian Monarchy who,
under the first article, is to be held as an American citi-
zen is liable to trial and punishment according to the
laws of Austro-Hungary for nonfulfillment of military
duty— .
1. If he has emigrated after having been drafted at the
time of conscription, and thus having become enrolled as
a recruit for service in the standing army.
2. If he has emigrated whilst he stood in service under
the flag, or had a leave of absence only for a limited time.
3. If, having a leave of absence for an unlimited time,
Digest — Protection of Passport. 1 89
or belonging to the reserve or to the militia, he has
emigrated after having received a call into service, or
after a public proclamation requiring his appearance,
or after war has broken out.
On the other hand, a former citizen of the Austro-
Hungarian Monarchy naturalized in the United States,
who, by or after his emigration, has transgressed the legal
provisions on military duty by any acts or omissions
other than those above enumerated in the clauses num-
bered one> two, and three, can, on his return to his origi-
nal country, neither be held subsequently to military
service nor remain liable to trial and punishment for the
nonfulfillment of his military duty.
Baden, — Article II. A naturalized citizen of the one
party, on return to the territory of the other party,
remains liable to trial and punishment for an action
punishable by the laws of his original country and com-
mitted before his emigration, saving always the limita-
tion established by the laws of his original country or
any other remission of liability to punishment. In
particular, a former Badener, who under the first article
is to be held as an American citizen, is liable to trial and
punishment according to the laws of Baden for non-
fulfillment of military duty —
1. If he has emigrated after he, on occasion of the
draft from those owing military duty, has been enrolled
as a recruit for service in the standing army.
2. If he has emigrated whilst he stood in service under
the flag or had a leave of absence only for a limited time.
3. If, having a leave of absence for an unlimited time or
belonging in the reserve or to the militia, he has emi-
grated after having received a call into service, or after a
public proclamation requiring his appearance, or after
war has broken out.
1 90 The A merican Passport,
On the other hand, a former Badener, naturalized iij
the United States, who, by or after his emigration, has
transgressed or shall transgress the legal provisions on
military duty by any acts or omissions other than those
above enumerated in the clauses numbered one to three
can, on his return to his original country, neither be held
subsequently to military service nor remain liable to trial
and punishment for the nonfulfillment of his military
duty. Moreover, the attachment on the property of an
emigrant for nonfulfillment of his military duty, except in
the cases designated in the clauses numbered one to
three, shall be removed so soon as he shall prove his
naturalization in the United States according to the first
article.
Bavaria. — Article II. A naturalized citizen of the one
party, on return to the territory of the other party,
remains liable to trial and punishment for an action
punishable by the laws of his original country and com-
mitted before his emigration, saving always the limita-
tion established by the laws of his original country or
any other remission of liability to punishment.
Protocol. — Relating to the second article of the
treaty. — i. It is expressly agreed that a person, who
under the first article is to be held as an adopted citizen
of the other state, on his return to his original country
can not be made punishable for the act of emigration
itself, not even though at a later day he should have lost
his adopted citizenship.
Belgium. — Article II. Citizens of either contracting
party, in case of their return to their original country,
can be prosecuted there for crimes or misdemeanors com-
mited before naturalization, saving to them such limita-
tions as are established by the laws of their original
country.
Digest — Protection of Passport, 191
Article III. Naturalized citizens of either contracting
party, who shall have resided five years in the country
which has naturalized them, can not be held to the obliga-
tion of military service in their original country, or to
incidental obligation resulting therefrom, in the event of
their return to it, except in cases of desertion from
organized and embodied military or naval service or
those that may be assimilated thereto by the laws of that
country.
Ecuador. — Article IV. Naturalized citizens of either
country, on returning to that where they were born, shall
be subject to trial and punishment according to the laws
for offenses commited before their emigration, saving
always the limitations established by law.
Hesse-Darmstadt. — Article II. A naturalized citizen of
the one party, on return to the territory of the other
party, remains liable to ^ trial and punishment for an
action punishable by the laws of his original country and
committed before his emigration, saving always the limi-
tation established by the laws of his original country.
North German Union. — Article II. A naturalized citizen
of the one party, on return to the territory of the other
party, remains liable to trial and punishment for an
action punishable by the laws of his original country and
committed before his emigration, saving always the limi-
tation established by the laws of his original country.
Sweden and Norway. — Article II. A recognized citizen
of the one party, on returning to the territory of the
other, remains liable to trial and punishment for an
action punishable by the laws of his original country and
committed before his emigration, but not for the emigra-
tion itself, saving always the limitation established by the
laws of his original country and any other remission of
liability to punishment.
192 The American Passport,
Protocol. — Relating to the second article of the con-
vention. If a former Swede or Norwegian, who under
the first article is to be held as an adopted citizen of the
United States of America, has emigrated after he has
attained the age when he becomes liable to military
service and returns again to his original country, it is
agreed that he remains liable to trial and punishment for
an action punishable by the laws of his original country
and committed before his emigration, but not for the act
of emigration itself, unless thereby have been committed
any punishable action against Sweden or Norway or
against a Swedish or Norwegian citizen, such as non-
fulfillment of military service or desertion from the mili-
tary force or from a ship, saving always the limitation
established by the laws of the original country and any
other remission of liability to punishment; and that he
can be held to fulfill, according to the laws, his military
service or the remaining part thereof.
Wurtemberg. — Article II. A naturalized citizen of the
one party, on return to the territory of the other party,
remains liable to trial and punishment for an action
punishable by the laws of his original country and com-
mitted before his emigration, saving always the limitation
established by the laws of his original country or any
other remission of liability to punishment.
Turkey. Questions concerning our citizens in Turkey may be
affected by the Porte's nonacquiescence in the right of
expatriation and by the imposition of religious tests as a
condition of residence, in which the Government can not
concur. The United States must hold, in their inter-
course with every power, that the status of their citizens
is to be respected and equal civil privileges accorded to
them without regard to creed and affected by no con-
Digest — Protection of Passport, 193
sideration save those growing out of personal obliga-
tions which may survive, under municipal laws, after
such voluntary return. — President Cleveland^ first annual
message^ 188^,
On several previous occasions the attention of Con- Annual re-
* port of the
gress has been directed to the questions arising with state,^*8?6°^
Austria-Hungary growing out of arrests of returning Austria-
Hungary,
naturalized citizens on the ground of unfulfilled military
service accruing before they acquired our nationality.
The progress steadily made toward their settlement has
been most satisfactory, and the published correspondence
will show the disposal of a residual issue touching the
treaty exemption of such citizens from liability for con-
structive offense in the act of emigration itself, while the
understanding of the two Governments as to the class
and scope of punishable acts committed by such persons
prior to emigration has become more precise. In conse-
quence, arrests on this score have become infrequent in
Austria-Hungary, and release promptly follows the repre-
sentations of our agents in all worthy cases.
^^m ^^ ^P ^P ^^ ^^ ^w^
The recurring claims of the Imperial German Govern- Germany,
ment and of the several States of the Empire concerning
the liability of naturalized Americans of German birth to
unfulfilled military duty and to penalties for its evasion
have been discussed during the past year in an accomo-
dating spirit. In the majority of cases representation of
the just rights of the parties under current treaties has
been followed by prompt release, but not infrequently
the sovereign right of expulsion is asserted on the ground
that the individual's continued presence is at variance
with the public good.
V 1* 1* T* •P 1* 1?
A P 13.
194 ^^^ American Passport,
Russia. ^ The published correspondence for a number of years
back has shown the persistence of the United States in
endeavoring to obtain for its citizens, whether native or
naturalized and irrespective of their faith, the equality
of privilege and treatment stipulated for all American
citizens in Russia by existing treaties. Holding to the
old doctrine of perpetual allegiance; refusing to lessen
its authority by concluding any treaty recognizing the
naturalization of a Russian subject without prior imperial
consent; asserting the extreme right to punish a natu-
ralized Russian on return to his native jurisdiction, not
merely for unauthorized emigration, but also specifically
for the unpermitted acquisition of a foreign citizenship;
and sedulously applying, at home and through the official
acts of its agents abroad, to all persons of the Jewish
belief the stern restrictions enjoined by Russian law, the
Government of Russia takes ground not admitting of
acquiescence by the United States because at variance
with the character of our institutions, the sentiments of
our people, the provisions of our statutes, and the tend-
encies of modern international comity.
^ ^F 'r ^F ^ n* •■•
Switzerland. The Helvetian Republic appears to stand, by a some-
what notable anomaly, with the minority of modern
states in holding to the now generally abandoned doc-
trine of perpetual allegiance, and the more remarkably
so as its contention seems to rest, not on the old theory
of the sovereign's absolute mastership over the subject,
but on the individual's relation to the local commune, in
which he is held to acquire a species of perpetual deni-
zation by descendance, inheritance, or even purchase,
that can not be dissolved except with the consent of the
commune. This pretension has been pushed so far that
even native Americans, born of naturalized parents, may,
Digest — Protection of Passport, 195
it seems, be held to military duty should they visit
Switzerland.
It has been held by the different German States that a Germany,
residence of more than two years without intent to^^rt^^o^co™
return to America is sufficient to bring about this loss Brunsw?ck.°
of American citizenship. Obvious exceptions to this rule
are the cases of American students at German universi-'
ties and business men required, temporarily, by the
demands of their business to remain in Germany longer
than the prescribed time. * * *
There are two instances when a German subject may
unconditionally emigrate to the United States and be free
from all fear of disturbance upon his return because of
unfulfilled military duty. The first is when he has
emigrated to the United States before reaching the age
of seventeen and becomes a citizens there. * * * At
the age of seventeen all German men become liable to
military duty. At this age they are entered on the rolls
as so liable and may not emigrate without a special per-
mission from military authorities. * * * The youth
of seventeen who has emigrated with permission is also
not liable, unless, before he becomes a citizen, the German
Government should publish a summons to all Ger-
mans abroad, and who are abroad with or without
permission, to return to service under the colors. In
this case, should he disregard the summons, he is liable
to the German authorities upon his return to Germany.
Should he have emigrated, however, with or without
permission, and should he have acquired citizenship
before such a summons is published, then upon his return
to Germany he is not liable to any punishment. * * *
The second instance is where the emigrant has not only
completed the period of military service, but he has also
196 The American Passport,
reached the age of thirty-one, over which age no German,
having completed the service required of him, can be
drawn into the service in time of peace. * * *
Often they have been notified that they will be drawn
into service, and before that time arrives they emigrate.
More often still, having served as one-year volunteers or
two years as common soldiers, and having been trans-
ferred to the reserve or to the national guards, they
emigrate without permission and acquire citizenship in the
United States. * * * Having emigrated without per-
mission, and not being in the reserves or national guard,
and being in process of acquiring citizenship or having
already acquired it, should a summons be published for
all Germans to return to their native land, the German
American who disregards it and becomes an American
citizen can not be justly held accountable upon return to
Germany on a visit; should he be a member of the
reserves or national guard and disregard the summons
while not yet a citizen, then he is guilty of desertion,
though not so guilty by the simple fact of emigrating
without permission when not serving, and on returning
to Germany may be punished for desertion, even though
he has become a citizen. A member of the reserves
abroad, in good position, receiving command to return
and serve can avoid obeying it by getting a certificate
from the German consul that he has a good position and
therefore can not be excused without suffering material
damage. * * *
No German is liable for military duty except between
the ages of seventeen and forty-five. * * *
In this connection, it should be remembered that this
restriction of two years* residence refers only to residence
in the particular state of which a German American was
a native — e. ^., a Bavarian who has become an American
Digest — Protection of Passport. 1 9 7
citizen may reside in Prussia as long as he likes with-
out being considered to have given up his American
citizenship, while were he from Prussia he could only
return to Prussia under the two years' residence limita-
tion. * * *
Above and beyond all other offenses in the eyes of
German military law, saving, of course, treason, is deser-
tion, treason itself being the gravest form of desertion.
There is no treaty, no assumption of new citizenship,
that can avail to protect a former German subject from
its consequences should he come again into the power
of the German authorities and be proceeded against
because of this crime. * * * Says the military penal
code, section 69: ** Desertion (flight from the colors) is
the unpermitted removal (of oneself), with the intention
to escape for good one's legal or accepted obligation to
(military) service." That there may be no doubt as
to what unpermitted removal may mean, sections 64, 65,
and 68 of the military penal code define it as follows:
** Unpermitted removal is, besides voluntary removal of
oneself from the troops or from his military post or
overstaying of leavp, also present when a person not in
active military service, but who is yet unfreed from his
military obligations, does not obey within three days
after the time fixed, after a declaration of war or an
ordered mobilization, a call to service or a published
command to place himself at the disposal of the military
authorities." * * * A German American should not
return to Germany should he know himself guilty of —
(a) Leaving the colors without permission in time of
war.
ij)) Overstaying his leave and going to America with-
out the offense being condoned or pardoned.
198 The American Passport,
(c) Emigration to America without permission after he
has received an order to present himself for service,
whether in time of peace or war.
(d) Emigration to America, unless he is above or below
the age for military duty (seventeen to forty-five), after
declaration of war has been made, or a general mobili-
zation is under way, or a public command has been
published for all persons liable to service to present
themselves, even should he receive no personal command.
Should the emigrant already find himself in America
when the notice indicated in clauses c and d take place,
and should he not yet have become a citizen, then he is
just as liable, upon returning to Germany, for desertion
as if the offense were committed while he was yet in
Germany, though his emigration Without his Govern-
ment's consent, if not serving with the colors, can not be
considered desertion. * * *
He is a native of Alsace-Lorraine, and, having com-
mitted any of the infractions of military law mentioned,
whether one of the mildest or severest is for our pur-
pose quite indifferent, emigrates to the United States
and becomes a citizen. Returning to Germany he is
arrested and charged with the offense. Perhaps it is one
with which a friend of K's from another part of Germany
has already been charged and from the punishment of
which he has escaped by means of his American citizen-
ship, and counts upon his citizenship protecting him in
the same way. In this, however, he is sadly mistaken.
The reason is simple. There is no treaty between the
German Imperial Government and the United States
covering military offenses in Alsace-Lorraine, that prov-
ince having been obtained by Germany subsequent to
the different treaties already quoted. The German Gov-
ernment has declared that in cases such as K's it will
Digest — Protection of Passport, 1 99
proceed in accordance with the facts, the inference being
that the guilty person will be treated as would a German
in other German States who has gone abroad, thereby
violating his military obligations, and has returned with-
out acquiring citizenship.
Question. Does the change of allegiance without con- Russia,
sent entail loss of property as well as loss of civil rights
and liability to banishment?
Answer. Articles 325 and 326 of the criminal code:
Article 325. Whoever, absenting himself from the
Fatherland, enters into the service of a foreign power
without the permission of the Government, or becomes
the subject of a foreign power, is liable for this violation
of his duty and oath of fidelity to the loss of all his
civil rights and perpetual banishment from the Empire;
or, if afterwards he returns voluntarily to Russia, to
deportation to Siberia.
Article 326. Whoever, absenting himself from the
Fatherland, does not return to it upon being invited to
do so by the Government, is equally liable for this in-
fraction to the loss of all civil rights and to perpetual
banishment from the Empire, if within the term fixed at
the option of the court he does not show that he has been
impelled by circumstances independent of his will, or, at
the least, extenuating circumstances. Up to that moment
he is considered as absent, disappeared from his domi-
cile, and his property is placed under guardianship,
according to the regulations established to this effect by
the civil laws.
The property of a person sentenced to the loss of civil
rights is not confiscated, but passes to his legimate heirs
under the same laws which would be applied in the case
of his natural death. The heirs can also claim possession
200 The American Passport.
of all property which might come by inheritance to the
culprit after his condemnation.
The wife of the person deprived of civil rights has the
right to claim a divorce. Furthermore, the culprit loses
his paternal authority over his children born prior to his
condemnation.
Articles 24, 26, 27, and 28 of the penal code:
Article 24. The loss of civil rights does not affect the
wife of the convict, nor his children born or conceived
prior to his condemnation, nor their descendants.
Article 26. Deportation to Siberia entails the loss of
all family and property rights.
Article 27. The loss of family rights consists in the
termination of paternal authority over the children born
prior to the condemnation, if the children of the convict
have not followed him into deportation or if they left
him afterwards.
Article 28. Following the loss of property rights, all
property which belonged to the convict sentenced to
enforced labor or to deportation passes, from the day of
execution of the sentence, to his legal heirs in such
manner as it would pass in the case of the natural death
of the convict.
The proceedings and sentence for infraction provided
for in article 325 of the penal code follow the ordinary
course of criminal procedure.
The examining judge proceeds in an investigation upon
the official evidence of the police and local authorities or
upon the requisition of the procureur. Persons charged
with illegal absence from the Fatherland are transferred
before a court of justice after arrest at the frontier or on
the territory of the Empire.
They may, however, be prosecuted by default if they
do not answer to the summons of the court, after legal
Digest — Protection of Passport, 201
citation to appear has been inserted in the newspapers or
addressed to the delinquent through our diplomatic and
consular agencies.
Question. If the property be confiscated, is it so only
during the life of the offender or does it remain forever
alienated from his heirs?
Answer. See the reply given above.
Question. What, if any, are the penalties provided for
those who emigrate in childhood or during their minority
and subsequently become citizens or subjects of a foreign
country without imperial consent? And what is the
period of minority?
Answer. They entail all the consequences mentioned
in the first reply, if they do not take the steps necessary
when they attain their majority, which is fixed at twenty-
one years of age.
Article 221, Vol. X, first part of civil code:
Article 221. The rights to fully dispose of one's
property, to contract obligations, are not acquired before
coming of age — that is to say, before twenty-one years
of age.
Question. Is military service claimed if it matures
while a subject is abroad and after he has sworn alle-
giance to another country? And what are the penalties
for failure to return and perform such service?
Answer. By virtue of article 3 of the' regulations of
military service, persons above fifteen years of age can not
ask supreme permission to avoid the duties incumbent
upon Russian subjects before having acquitted their
military obligations. Persons who have attained the age
of twenty years and over, who sojourn abroad, are notified
to respond to the military service. In case they fail to
respond to this call, they entail the penalties indicated
in the above-mentioned article 326 of the penal code.
202 The American Passport.
2(XX>
200I
Question 5. What is the status in the foregoing re-
spects of the children and further descendants born in
the country to which the -father may have sworn alle-
giance or in which he may have acquired citizenship, as
herein contemplated?
Question 6. Can any of these descendants inherit prop-
erty or in any way acquire title to property in the Empire?
Answer to questions 5 and 6. The children of a Rus-
sian subject born in legitimate marriage, even rn the case
their father may have lost his civil rights, are considered
as Russian subjects and have a right to hold property in
the Empire, whether by succession or by any other legal
means of acquisition. — Count Lamsdoff to Mr. Breckinridge^
February 20,
March 4,
1897,
R. s., sec. All naturalized citizens of the United States, while in
foreign countries, are entitled to and shall receive from
this Government the same protection of persons and
property which is accorded to native-born citizens.
R. s., sec. Whenever it is made known to the President that any
citizen of the United States has been unjustly deprived
of his liberty by or under the authority of any foreign
government, it shall be the duty of the President forth-
with to demand of that government the reasons of such
imprisonment; and if it appears to be wrongful and in
violation of the rights of American citizenship, the Presi-
dent shall forthwith demand the release of such citizen,
and if the release so demanded is unreasonably delayed
or refused, the President shall use such means, not
amounting to acts of war, as he may think necessary
and proper to obtain or effectuate the release; and all
the facts and proceedings relative thereto shall as soon
as practicable be communicated by the President to
Congress.
Digest — Residence Abroad. 203
RESIDENCE ABROAD.
{See also Expatriation.)
In order to obtain a passport, the applicant must
state that he intends to return to this country and
how long he purposes to remain abroad. If his
absence is to be permanent, he forfeits his rie^ht to Permanent
absence.
receive a passport.
How long he may remain abroad without losing Duration of
^ -^ «^ absence.
the right to receive a passport depends upon his
intention of returning, which is to be determined
by the circumstances of his business and social
relations.
But the obligation of returning is not held to Barbarous
" *^ and uncivi-
• • •
apply to American citizens and their descendants tries. ''°'*"'
living in American communities in countries where
extraterritorial jurisdiction exists, or to those who
are engaged as missionaries in barbaric or uncivi-
lized countries.
According to your statement, Mr. Liiszlo, a Hungarian yot. Reis.,
by birth, who emigrated to this country at the time of
the political disturbances in Hungary thirty-seven years
ago and was duly naturalized, returned, after residing
here sixteen years, to Hungary, where **he has remained
uninterruptedly for twenty years, having what is appar-
ently permanent employment."
You state also that his children were born in Hungary,
and from this I infer that his family relations were there
estafilished. On the face of these circumstances the pre-
sumption is he is now domiciled in Hungary. It is true
that this presumption may be rebutted by proof on his
part that his residence was without animus manendi; but,
204 The American Passport.
until such proof is received, the presumption continues
in force. Hence, under the established rule of this De-
partment, he can not, as a person domiciled in Hungary,
obtain from the Department or its representatives a pass-
port averring him to be entitled to the immunities of a
citizen of the United States. — Mr, Bayard to Mr. Lee^
July 12^ iSSj.
In Turkey. i. Persons who are members in Turkey of a community
I887, p.^li2s. ^^ citizens of the United States of the character above
described do not lose their domicile of origin, no matter
how long they remain in Turkey, provided that they
remain as citizens of the United States, availing them-
selves of the extraterritorial rights given by Turkey to
such communities, and not merging themselves in any
way in Turkish domicile or nationality.
2. The American domicile they thus retain they impart
to their descendants, so long as such descendants form
part of such distinctive American communities, subject
to the above proviso.
3. Section 1993 of the Revised Statutes, providing that
**the rights of citizenship shall not descend to children
whose fathers never resided in the United States," does
not apply to the descendants of citizens of the United
States members of such communities. Such descendants
are to be regarded, through their inherited extraterri-
torial rights recognized by Turkey herself, as born and
continuing in the jurisdiction of the United States. — Mr.
Porter to Mr. Emmet^ August p, iSSj.
For.Reis., As appears by his certificate of naturalization, Mr.
1 888, p. 20. ^ ^ ,
Lowinsohn was naturalized in the court of common pleas
of New York City on the 5th of February, 1872. He
was born in Pressburg, Hungary, on the 5th of February,
185 1, and therefore had just reached the age of twenty-
Digest — Residence Abroad, 205
one years on the day of his naturalization. He came to
the United States in November, 1866, and had conse-
quently, at the time of his naturalization, lived in the
United States just long enough for that purpose. He
left the country of adoption in February (he does not
give the day), 1872, a few days only after his naturaliza-
tion, returned to the land of his nativity, and in March,
the month after his departure from the United States,
settled himself in Vienna, where he has since continued
to reside, has married and had children born to him,
and is engaged in a lucrative business. He has never
visited the United States since he left in 1872, and now
evidently has no definite intention of ever returning and
performing the duties and assuming the liabilities of
American citizenship.
Your action (in refusing him a passport) is approved. —
Mr. Bayard to Mr, Lawton, December j, i88j,
Frank R. Blackiston applied to the legation in Paris
for a passport. He was born in this country, went
abroad at the age of twenty and resided there, returning
for a few months at a time on nine different occasions.
He owns property and pays taxes in North Adams,
Massachusetts, but in making application declares **that
at present I have no plan, intention, or desire to return
to the United States to perform the duties of citizenship
therein."
The laws of the United States enjoin upon its authori- For. Reis.,
1889, pp. 168,
ties the recognition of the right of its citizens freely to ^^•
renounce their allegiance, and this injunction the Execu-
tive is not at liberty to disregard. At the same time it is
forbidden to issue passports to any but citizens of the
United States, which has always been held to mean not
persons who may be able merely to produce evidence that
at a certain time they were citizens of the United States,
2o6 The American Passport,
but those who at the time they apply for the protection of
the Government are its loyal citizens, bearing, in the
language of the oath they are required to take, **true
faith and allegiance to the same ; " when, therefore, a per-
son declares that he has **no plan, intention, or desire" to
perform the duties of citizenship, he by his own act ex-
eludes himself from the class of persons who, in bearing
**true faith and allegiance," are entitled to the protection
of the Government whose allegiance he renounces. — Mr,
Blaine to Mr, Reid, December 2, i88g.
For. Reis., \ have to Say that there is no fixed term of foreign resi-
i8qo, p. II. ^ ^
dence by which the loss of American domicile is decided.
The domicile of a person depends upon his intention,
which is to be determined upon all the facts in the case.
In the determination of this question no distinction is
made between native and naturalized citizens, but the
comparative periods of residence in this and in foreign
countries are to be considered in arriving at the real
intention of the individual. * * *
I have to say that where, in his application for a pass-
port, a person makes oath that he intends to return to
the United States within a certain time, and afterwards,
when he applies for a renewal of his passport, it appears
that he has not fulfilled that intention, this circumstance
raises a doubt as to his real purposes and motives, which
he may be called upon to dispel. * * *
An American, whether by birth or by naturalization,
residing abroad, in representation of an American busi-
ness, and keeping up an interested association with this
country, is in a different case from an alien who returns,
immediately after naturalization, to his native place, there
to engage in a local calling and, it may be, marrying
there and exhibiting every evidence of an intention to
make his home among his kindred. In the latter instance
Digest — Residence Abroad. 207
it would require strong proof to countervail the prima
facie presumption that his naturalization was obtained
solely to enable him to dwell thereafter in his native land
without subjection to the duties and burdens of native
citizenship. — Mr, Blaine to Mr. Grants March 25, 18^0,
I have received your No. 418, of the 8th ultimo, re- Fq*"- Reis.,
•^ ' ' 1892, pp. i8g,
specting an application for a passport made by Ludwig^^-
Henckel, who states that he was born in St. Louis, Mis-
souri, January 10, 1874. He was taken in 1875 to Vene-
zuela by his father, who claims to have previously
declared his intention to become a citizen of the United
States, and who, on January 13, 1882, was appointed con-
sular agent of the United States at San Cristobal, Vene-
zuela. After thirty years' absence, the father returned to
Hanover, his native city, taking the son with him. The
latter, it appears, is now serving an apprenticeship at
Hamburg, and at its expiration, three years hence, ** de-
clares it to be his intention to return to America to
reside. "
Notwithstanding the allegiance of the father, the son
is by birth a citizen of the United States. His absence
from the country during minority and while under the
control of his father should not be counted too strongly
against him, especially in view of the fact that he de-
clares his intention of returning to this country to reside
after the completion of his apprenticeship. If he will
take the necessary oath to that effect, he would seem to
come substantially within the rule, and a passport may be
issued to him. — Mr, Blaine to Mr. Phelps^ May j^ 18^2.
Mr. Iby, son of a Roumanian subject, is stated to have For. Reis.,
1893, p. 320.
come to the United States at the age of fifteen and to
have been duly naturalized in December, 1888, when ^
twenty-five years old. Quitting the United States in
2o8 The American Passport.
January, 1889, he has since been domiciled in London
with apparent permanence. On the occasion of applying
for a passport, January 10, 1891, Mr. Iby declared his in-
tention to return to the United States ** within two years.'*
That time having elapsed, he now declares his intention
to return ** within a year." His employment is that of a
traveling agent for a British manufacturing firm, in whose
service he was for a time in*their New York branch office.
He has no relations, property, or business interests in the
United States, and the personal interrogatories made by
you suggest doubt as to the bona fides of his declared
intention to take up his residence in the United States
** within a year."
* * * The Department is always well disposed
toward those of our citizens who sojourn abroad in repre-
sentation of American commercial interests, but Mr. Iby's
employment is not American, and even if he were to be
put in charge of the New York branch of the present
English house, as is suggested, his agency would still be
foreign. * * *
It is the long-standing rule of the Department that an
applicant's declared purpose to return to the United
States should be made satisfactorily apparent, and not be
conspicuously negatived by the attendant facts of his
sojourn abroad * * *.
Nevertheless, if he should satisfy you of good grounds
for his purpose to return within a year, a passport may be
issued, with the distinct intimation that should not his
intentions be more practically executed at the end of that
term than they have proved to be on the expiration of his
previously announced term of two years, further renewal
can not be granted by your legation. The best proof in
such case is its execution, — Mr, Wharton to Mr, Lincoln^
March 2^ i8pj.
Digest — Residence Abroad, 209
Between the legal status of citizenship and the right For. Reis.,
1893, p. 402.
to continued protection during indefinitely prolonged
sojourn abroad, the executive authority of the United
States draws a clear distinction in exercising its statutory
discretion to issue passports as evidence of the right to
protection. The relation of the citizen to the state being
reciprocal, embracing the duties of the individual, no less
than his rights, the essential thing to be determined is
the good faith with which the obligations of citizenship
are fulfilled.
The best evidence of the intention of the party to dis-
charge the duties of a good citizen is to make the United
States his home; the next best is to shape his plans
so as to indicate a tolerable certainty of his returning
to the United States within a reasonable time. If the
declared intent to return be conspicuously negatived by
the circumstances of sojourn abroad, a passport may be
withheld. — Mr, Adee to Mr. Coombs^ April 28^ ^^93-
Your embassy appears, according to Mr. Hess's state- For. Reis.,
1894, p. 245.
ment, to have acted in accordance with our long-
established rule that the applicant for a passport must
produce evidence to show his intention to return and to
reside in the United States.
The Department has, however, admitted occasional
exceptions to this rule where sound public policy seemed
to warrant them. Our legations have been authorized to
issue passports to missionaries in foreign lands whose
residence there was continuous and practically perma-
nent, and who could not allege any definite intention of
returning to, and residing in, the United States. An ex-
ception has also been made in the case of agents of
American business houses who are engaged in foreign
lands in promoting trade with the United States. (See
A p 14.
2 1 o The A merican Passport.
Wharton's International Law Digest, vol. ii, pp. 369,
370.) — Mr, Gresham to Mr. Runyon^ November /, 18^4.
Vol. xii, It appears from your statement that your permanent
Mar. 30, 1895. residence is at Havana, where you follow the occupation
of merchant. You do not state when you intend to
return to the United States.
The Department must decline to issue a passport upon
the above showing.
Vol. xii, Referring to your letter accompanying your application
P* 373'
Aug. 17, 1895. £qj. passport, in which you state that you have no perma-
nent residence in this country, having resided for years
in Germany, where you now intend to reside indefinitely,
I have to inform you that when persons expressly de-
clare that they have no intention to return to their native
country to resume their residence and perform the duties
of citizenship, they have practically abandoned their
allegiance, and with it the right to claim protection from
the government from which they have so alienated them-
selves and withheld their support.
The Department therefore declines to issue you a
passport.
SEAL OF OFFICER BEFORE WHOM AFFIDAVIT IS
EXECUTED.
The Department requires that the seal of the
officer before whom an appHcation for passport has
been executed be affixed, or, if this is not done,
that a certificate of his character and the verity of
his signature be furnished from the proper legal
officer.
Vol. iii, p. 102, I have to inform you that the Department does not
June 12, 1872.
accept the signature of a notary public unless accom-
Digest — Special Passports, 211
panied by an impression of his seal of office or a certifi-
cate of a competent court in authentication of his official
acts.
Although the laws of the several States differ in their
definition of a seal, it is the usage of this Department
to require an impression upon something attached to
the paper or an impression stamped in the surface of the
paper itself from a die-cut seal, because a seal of this
kind satisfies the usual description of an official seal, and
paper thus verified may be used in any court if necessary.
It is believed that most, if not all, the Executive Depart-
ments in Washington, including the Pension and Patent
Offices, follow the same rule.
The Department interprets this (requirement that the Memoran-
dum of
officer administering: the oath to the applicant affix his Solicitor,
^ Aug. 16, i8gi.
seal of office) to require an authentication of each official
act, and that a general certificate of the official character
of the officer would not be sufficient.
In this country the affidavit must be attested by an Rule 4, rules
governing
officer duly authorized to administer oaths. If he has no applications
"^ for passports.
seal, his official character must be authenticated by cer-
tificate of the proper legal officer.
SPECIAL PASSPORTS.
By a practice sanctioned by long and uninter-^^^^-.p 6
rupted use, special passports, designating the occu-
pation or the official rank of the recipient, are
granted to persons of high official rank or those
who are going abroad upon Government business,
2 1 2 The American Passport.
and, by a later practice, occasionally to persons of
distinction in private life. The practice in regard
to them has varied in strictness, but the tendency
has been of late years to limit them to a very few
individuals. They are issued without sworn appli-
cation.
Another form of so-called passport is that given
occasionally to the representative of a foreign power
who is leaving the United States. It is addressed
to officers of the United States and of the States,
and differs slightly from the usual special passport.
The rank and nationality of the person to whom it
is given are invariably inserted, and it is not a cit-
izen's passport.
Vol. ill, With reference to your inquiry concerning special pass-
June 18, 1872. pQrts, I have to inform you that the Department does
not issue such, except to certain officers of the Govern-
ment or to persons who have formerly held high and
important trusts in the public service.
Vol. iv. I beg leave to say that it has been found necessary, in
p. I7J/4,
June 33, 187J. consequence of the very frequent requests for official or
special passports, to adopt the rule of granting such
passports only to persons of high official positions of the
Government, or to those who may be going abroad on
special business of the Government and under special
instructions from some of the Departments.
Vol. V, p. 90, It is the rule of the Department to issue special pass-
ports only to prominent officials about to visit foreign
countries on public business. In the military service of
the Government they are given to officers not below the
Digest — State A utho7'ities. Issued By, 2 1 3
rank of major in the Army and the relative rank in
the Navy.
I have to say that special passports to officers of the Xpr.^;,^;88^
Army are issued upon requisitions from the War De-^«/,r, p. 357.
partment.
STATE AUTHORITIES, PASSPORTS ISSUED BY.
The Secretary of State is the only person in thtj/'sfl^'^^
United States who is authorized by law to issue
passports, and all passports or instruments in the
nature of passports issued by State or municipal
authorities are illegal.
I have the honor to acknowledge the receipt of your Voi. i, p. 172.
letter of the 15th instant transmitting copies of the law
under which the secretary of the Commonwealth of Mas-
sachusetts has issued passports, and also a printed blank
showing the form of the instrument thus issued. The
title of one of these laws is **An act authorizing pass-
ports;" that of the other is **An act concerning the issue
of passports and certificates of citizenship. " The instru-
ment issued in virtue of these laws appears to be sub-
stantially the same as those issued by this Department,
with the exception that it runs in the name of the Com-
monwealth, instead of the United States, and certifies the
bearer to be a citizen of the Commonwealth, instead of
the general declaration that he is a citizen of the United
States.
I have the honor to refer Your Excellency to section 23
of the act of Congress of August 18, 1856 (11 Stat., 60),
prohibiting the issuing of passports by any other person
(within the United States) than the Secretary of State,
2 14 The American Passport.
and also to section io6 (13 Stat., 276) of the act of
June 30, 1864, to provide internal revenues, etc. It seems
to me within the legitimate powers of Congress to make
the issuing of passports a source of revenue, and for the
protection of that revenue to forbid the issuing, under
any other authority, of documents serving the purpose of
passports. — To Governor of Massachusetts, February 25,
186^.
Vol. V, p. 365, Referring: to the Department's letter to you of the 2d
Apr. 23, 1875. or- J
instant, you will observe that Mr. Spitzer's application
was suspended for the reason that no certificate of natu-
ralization accompanied it; also, that the paper transmit-
ted as a substitute for such certificate was described as
a passport, issued December 19, 1865, by the governor of
Louisiana. This paper purports to bear the signature
of J. Madison Wells as governor, to be countersigned by
J. H. Hardy as secretary of the State, and to be attested
by the great seal of the State of Louisiana. It de-
scribes Mr. Gottlieb Spitzer as a citizen of the United
States, desiring to go to Havana, Cuba, and requests all
authorities to let him *'pass free and unmolested where
he may go', and to give him such aid and protection as he
may need." By act of Congress of August 18, 1856, re-
produced in the Revised Statutes, sections 4075, 4076,
4078, etc., the Secretary of State is designated as the only
officer having authority to issue passports, and prohibits,
under serious penalties, any other person from granting,
^ issuing, or verifying any passport or other instrument of
the nature of a passport, and further provides that no
passport shall be granted to any person other than a citi-
zen of the United States.
As this document seems to be within the prohibition of
the statute, the Department deems it expedient to retain it.
Digest — State A uthorities. Issued By, 2 1 5
Referring to the blank form of passport and letter of J^^^'^^^P^g^^^'
His Honor Mayor Post, of Tampa, Florida, submitted by
you yesterday, I have to say that the Secretary of State
of the United States is the only officer in this country
who can lawfully issue American passports. I refer you
to a provision upon the subject in the inclosed ** general
instructions."
The Secretary of State may grant and issue passports, R. s., sec
4075.
and cause passports to be granted, issued, and verified in
foreign countries by such diplomatic or consular officers
of the United States, and under such rules as the Presi-
dent shall designate and prescribe for and on behalf of
the United States; and no other person shall grant, issue,
or verify any such passport.
If any person acting, or claiming to act, in any office or R- s,. sec.
capacity, under the United States, or any of the States of
th^ United States, who shall not be lawfully authorized
so to do, shall grant, issue, or verify any passport or
other instrument in the nature of a passport, to or for any
citizen of the United States, or to or for any person claim-
ing to be or designated as such in such passport or verifi-
cation, or if any consular officer who shall be authorized
to grant, issue, or verify passports shall knowingly and
willfully grant, issue, or verify any such passport to or
for any person not a citizen of the United States, he shall
be imprisoned for not more than one year, or fined not
more than five hundred dollars, or both; and may be
charged, proceeded against, tried, convicted, and dealt
with therefor in the district where he may be arrested or
in custody.
2i6 The American Passport,
TITLES AND OCCUPATIONS IN PASSPORTS.
By a rule of long standing, the official title of a
person to whom a passport is granted is never
inserted.
Vol. iv, I have to acknowledge the receipt of your application
P- 374i
Mar. 9, 1874. Qf the 7th instant for a passport, in which you request
that your title as adjutant-general of Rhode Island may
be specified in the passport.
It is not the custom of the Department to insert in
passports official designations of the character indicated
in your letter.
Vol. xiii, In reply to your letter of March 24, asking whether you
p. 284,
Mar. 26, 1896. can procure for Mr. William T. Stewart a passport or
other paper designating him as the correspondent of your
newspaper, he being about to proceed to Cuba, you are
informed that, upon his making proper application as
indicated by the inclosed regulations and blank form, he
will be granted a passport, if it is found that he is entitled
under the law thereto; but the regulations of the Depart-
ment do not permit insertion in the passport of the occu-
pation or the title of the recipient.
Rule 12, rules Professional titles. — They will not be inserted in pass-
governing
applications ports. There are no exceptions to this rule.
for passports.
VISA.
Some countries require that the passports of
American travelers should be visaed by the diplo-
matic or consular (usually the latter) representa-
tives of those countries before entering them. The
Digest — Widow's Application, 217
Department has nothing to do with the require-
ments and always declines to act as an intermediary
in procuring the visa, which the holder of the
passport should apply for himself.
I have to say that the Russian legation and consulates voi.vn,
p. 341,
in the United States are accustomed to visa passports Apr. x6, 1880.
without the intervention of the Department.
The Department of State does not obtain visas to pass- y<>i- ^i p- 371,
^ ^ Mar. 28, 1889.
ports from foreign legations.
WIDOW'S APPLICATION.
(See also Divorced IVomatCs Application.^
The widow of a citizen of the United States re-
tains her husband's citizenship, provided she retains
her American domicile. If she was of alien birth,
she may be presumed to have abandoned her Amer-
ican citizenship if she returns to the country of her
origin and resides there.
By the law of England and the United States a woman ms. instruc-
tions.
on her marriage with a subject or citizen merges herp^,^^^^
nationality in that of her husband. * * * Th^ conti-
nental codes, on the other hand, enable a woman whose
nationality of origin has been changed by marriage to re-
sume it when she becomes a widow, on the condition, how-
ever, of her returning to the country of her origin. The
widow to whom you refer may, as a matter of strict law,
remain a citizen; but, as a citizen has no absolute right
to a passport, and as the law of the United States has,
outside of its jurisdiction, only such force as foreign
2 1 8 The American Passport.
nations may choose to accord it in their own territory, I
think it judicious to withhold passports in such cases,
unless the widow gives evidence of her intention to re-
sume her residence in the United States. — Mr. Fish to Mr.
Washburne, No. 2j8, February 24, i8yi.
Rules, rules She must transmit for inspection her husband's natu-
goveming
applications ralizatiou certificate, must state that she is the wife or
for passports,
1896. widow of the person described therein, and must set forth
the facts of his emigration, naturalization, and residence,
as required in the rule governing the application of a natu-
ralized citizen.
INDEX
INDEX.
ACCOMPANYING PERSON,
in a passport, 91.
AFFIRMATION,
instead of oath, permitted, 70.
AGENTS,
for issuing passports, how employed, 150.
for procuring passports, none employed, 93.
ALASKA,
inhabitants of, became American citizens by Alaska purchase, 98.
ALLEGIANCE,
abandonment of, how effected, 131.
ALSACE-LORRAINE,
naturalized Americans in; Consul Tingle's report, 198.
ALTERATIONS,
in passports, how made, 94.
AMERICAN MINISTER,
special passport for, 9.
APPLICATION.
by whom made, 95.
form of, in 1830, 45.
form of, in 1857, 49.
form of, in 1888, 59.
{See Form of Application.)
ARMY OFFICERS, SPECIAL PASSPORTS FOR,
Fish's rule, 33.
Sherman's letter, 34.
ASTOR, JOHN JACOB,
passport issued to, 84.
AUDUBON, JOHN JAMES,
special passport for, 19.
AUSTRIA-HUNGARY,
how citizenship in, is lost, 133.
naturalization treaty with, 175, 182, 188.
naturalized Americans in; Olney's report, 193.
BADEN,
naturalization treaty with, 175, 182, 189.
221
2 2 2 Index,
BARRERE, FRANCIS MARIA.
passport for, 77.
BAVARIA.
how citizenship in, is lost, 133.
naturalization treaty with, 175, 182, 190.
BEARER OF DISPATCHES,
captain of a vessel as. 11.
foreign consuls as. 11.
passport for, 8.
BELGIUM,
naturalization treaty with, 175, 184, 190.
BODISCO, BORIS,
special passport for, 20.
BRADISH, LUTHER,
special passport for, 10.
BROTHER, YOUNGER,
sometimes included in a passport, 91.
BROWNE, JOHN,
special passport for, 15.
BRYANT, JOHN,
passport issued to, in 1796, 83.
CANADA,
precautions against immigration from, in 1864, 51.
CARTAZAR, MANUEL,
special passport for, 12.
CERTIFICATE OF NATURALIZATION.
{See Naturalization Certificate.)
CERTIFICATES OF CITIZENSHIP,
from notaries public, 47.
CHAZOTTE, PETER STEPHEN,
special passport for, 10.
CHINESE,
applications by, 95.
naturalization of, unlawful, 95.
CHILDREN,
of naturalized citizens, law as to, 176.
CITIZENS,
naturalized, rights of, 105.
passports issued to other than American, 43.
three classes of American, 97.
CITIZENSHIP,
by annexation of territory, 97.
by marriage, 100.
by nativity, 99.
Index. 223
CITIZENSHI P— Continued,
by naturalization, 105.
digest on, 95.
evidence of, required before issuing a passport, 37.
of an adopted child, 100, loi.
of child of alien parents born in this country, loi.
passport prima facie evidence of, 106, 115.
renunciation of, how effected, 132.
CITIZENSHIP AND NATURALIZATION,
Department circular on, 174.
CIVIL WAR,
regulations for j;)ass ports during, 50.
special passport during, 21.
COLLECTORS OF CUSTOMS,
as agents for issuing passports, 150, 151, 152.
COLORED AMERICANS,
passports free to certain, 73.
special passports to, free, 7.
CONNECTICUT,
governor of, passport issued by, 37.
COl^SCIENCE FUND,
contribution to, for false naturalization, 157.
CONSULS,
certificates of citizenship by, 84.
passports issued by, 85.
prohibited from issuing passports where there is a diplomatic offi-
cer, 86.
service as, not proof of citizenship, 157.
COPIES OF PASSPORTS,
when given, 118.
COUNTY CLERK,
certificate of, not proof of citizenship, 158.
COURIER'S PASSPORT,
when issued, 119.
CRIMINAL CONVICTION,
not a bar to receiving a passport, 119.
D'ALVEER, GEN. CHARLES,
special passport for, 12.
DABNEY, W. D., SOLICITOR,
on fee for special passport, 24.
DALL, WILLIAM, Jr.,
passport for, 78.
DEAS, WILLIAM ALLEN,
charg6 des affaires, passport issued by, 82.
224 Index,
DECLARATION OF INTENTION,
passports not issued to those who have made, 44, 120.
special passport for one who has made, 12.
under treaties, 177.
DEFINITION,
of American passport, 3.
DENMARK,
naturalization treaty with, 175, 184.
DESERTION,
from military or naval service a bar to American citizenship, 100.
DISPATCH AGENTS,
as agents for issuing passports, 150, 151, 152.
DIVORCED WOMAN,
application by, 121.
DOMICILE, AMERICAN,
how lost, 206.
DUPLICATE PASSPORTS,
when issued, 124.
DURATION,
of passports, 75, 125.
EAST FLORIDA,
special passport for explorer in, 10.
ECUADOR,
naturalization treaty with, 175, 185, 191.
ELECTION,
certificate of, not evidence of citizenship, 156, 158.
ENGLAND,
practice in, relative to passports for naturalized citizens, 173, 174.
ESCUDERO, DON MANUEL SIMON DE,
special passport for, 13.
EVIDENCE REQUIRED,
abroad, 88.
before issuing passports, 43.
upon which passports were issued up to 1830, 45.
EXPATRIATION,
a right, 127.
Fish on, 129.
how accomplished, 127, 128.
EXPLORER,
special passport for, 10.
FAISON, WALTER E., SOLICITOR,
memorandum on fee for special passport, 26.
Index. 225
FEE FOR ISSUING A PASSPORT, 72.
abolished in 1870, 73. •
after collection not refunded, 145.
digest, 145.
how collected, 72.
in 1864, 73.
irregular charge in 1795, 73, 74, n.
none charged until 1862, 72.
reduced in 1888, 73.
restored in 1874, 73.
unofficial charge, 73.
FEE FOR SPECIAL PASSPORT,
Dabney's views on, 24.
none charged, 24.
Olney's decision, 25.
Passport Division's memorandum on, 25.
Sherman's decision, 25, 31.
Solicitor Faison's memorandum on, 26.
FEMALE,
special passport for, 8, 9.
FILLMORE, MILLARD,
special passport for, 23..
FISH, HAMILTON,
on expatriation; letter to the President, 129.
FIVE YEARS' RESIDENCE,
before naturalization, exceptions to, in statutes, 175.
FLORIDA, EAST AND WEST,
inhabitants became American citizens in 1821, 97.
FOREIGN MINISTER,
dimissed from the United States, special passport for, 23.
special passport for, leaving the United States, 12.
FOREIGNERS,
traveling in the United Slates, special passports for, 13.
FORM OF APPLICATION,
for native citizens, 64.
in 1888, 59.
naturalized citizens, 65.
person claiming citizenship through naturalization of husband or
parent, 67.
FORMS OF PASSPORT,
in 1796. 77.
in 1817, 78.
issued abroad, 87, 88.
since 1820, 79.
A P 15.
226 Index,
FRANCE,
how citizenship in, is lost, 133.
status of naturalized Americans of French birth in, 172, 179.
FREE PERSON OF COLOR,
passport for, 15.
GENERAL INSTRUCTIONS,
in 1873, 54.
in 1879, 57.
in 1882, 58.
in 1888, 59.
GERMAN UNION, NORTH,
naturalization treaty with, 175.
GERMANY,
Consul Tingle's report, 195.
necessity for passports in, 169, 171.
status of naturalized Americans in, 173.
status of naturalized Americans in; Olney's report, 193.
GOVERNESS,
not included in another's passport, 91.
GRAHAM, JOHN,
special passport for, 9.
GRANDCHILDREN,
not usually included in passport, 91.
GREAT BRITAIN,
naturalization treaty with, 175, 185.
GREECE,
status of naturalized Americans in, 180.
GRIFFITH, CAPT. EDWARD,
special passport for, 11.
H ESSE-D ARMST ADT,
naturalization treaty with, 175, 186, 191.
ILLEGAL DOCUMENTS,
in the nature of passports, 41.
INDIANS,
passports for, 146.
INSANE PERSONS,
applications for, how made, 148.
INSTRUCTIONS,
how to obtain a passport; circular of 1845, 46.
of 1846, 47.
of 1850, 47.
of 1857, 48.
INTRODUCTORY FEATURES,
of special passports, 7, 18.
Index. 227
ISSUANCE ABROAD,
where there is no diplomatic or consular representative, rule as to,
149.
ITALY,
status of naturalized Americans in, 181.
JAPANESE,
applications by, rule as to, 153.
JARVIS, REV. SAMUEL F.,
special passport for, 14.
JOHNS, RICHARD,
passport issued to, 84.
KEIGHLER, ALFRED,
special passport for, 16.
KELLER, JACOB,
passport issued to, 39.
LAND OFFICE, GENERAL,
information from, of naturalization, 156, 157.
LETTERS OF PROTECTION,
passports classed as, 3.
{See Protection.)
LEWIS, WALKER,
special passport for, 17.
LIVINGSTON, WALTER,
passport for, 79.
LOUISIANA,
governor of, passport issued by, 39, 41, 214.
MARINE CORPS.
{^See Navy.)
MARRIED WOMEN,
when may become citizens, 114, 117, 176.
MASSACHUSETTS,
passports issued by authorities of, 47.
passport law in, 213.
MERCHANTS,
American, abroad, status of, 206, 207, 208.
MEYER, CAPT. J. C,
special passport for, 21.
MILITARY DUTY,
liable to, in Germany; Consul Tingle's report, 197.
passports issued to those liable to, 44.
MILITARY PASSES,
similar to passports, 8.
228 'Index.
\
MINOR CHILDREN,
acquiring citizenship through parent, 117.
in passports, 91.
how naturalized after reaching age of twenty-one, no, in, 113.
application; rulings as to, 153.
application, when another may make, 95.
MISSIONARIES, '
American, abroad, status of, 209.
MONGOLIANS,
can not lawfully be naturalized, 106.
{^See Chinese and Japanese.)
MONROE, JAMES, MINISTER PLENIPOTENTIARY,
passport issued by, 83.
MOTHER'S NATURALIZATION,
confers citizenship on minor children, 114.
NAME OF APPLICANT,
rulings as to, 154.
NAPOLEON. PRINCE,
special passport for, 21.
NATURALIZATION,
citizenship by, 105.
legal provisions on the subject, 106.
NATURALIZATION CERTIFICATE,
destruction of, rule as to, 158.
incomplete, rule as to, 158.
loss of, rule as to, 161.
penalties for securing false, 164.
rulings as to, 155.
unlawful use of, as passports, 47.
NATURALIZED CITIZENS,
returning to country of origin, status of, 171, 172, 174.
NAVY,
service in, and in marine corps, naturalization because of, 114.
NAVY OFFICERS,
special passports for, 33.
NEPHEWS,
not included in passports, 91.
NIECES,
not included in passports, 91.
NORTH GERMAN UNION,
naturalization treaty with, 187, 191.
NORTON, PROF. CHARLES ELIOT,
quoted, 80, n.
Index. 229
NOTARIES PUBLIC.
passports issued by, 38.
NOULAN, DANIEL,
special passport for, 18.
OATH OF ALLEGIANCE, 69.
form of, in 1861, 6g.
form of, since 1888, 70.
modified form, 168.
practice towards those who decline to take, 70.
rule as to, 166.
when required, 69.
OLNEY, RICHARD, SECRETARY,
on fee for special passport, 25.
ORIENTAL TRAVEL,
special passport for, 14.
PARKINSON, MARTIN HENDERSON,
certificate of citizenship to, 85.
PASSPORT,
definition, 3.
size of, 80.
used only abroad, 4.
PASSPORT CLERK,
to administer oath free, 74.
PASSPORT OR SAFE-CONDUCT,
penalty for violation of, 36.
PASSPORTS,
bound in morocco, 49.
by other than federal authority, 36.
for American vessels, 8, n.
for foreign ministers, 4.
penalty for issuance by unauthorized persons, statute, 215.
to pass army lines during civil war, 50.
who may issue, statute, 215.
PASSPORTS FOR ALIENS,
abroad, penalty for issuing, 85, 86.
during civil war, 4.
PASSPORTS ISSUED ABROAD, 82.
for departure, 82.
force and effect of, 86.
PASSPORTS, NECESSITY FOR.
rulings, 169.
PASSPORTS, PRIVILEGES OF,
denied absentees during civil war, 51.
PATTERSON, MRS. ELIZABETH,
special passport for, 9.
230 Index.
PERPETUAL ALLEGIANCE,
change in doctrine of, 134.
Russian contention. 194.
Swiss contention, 194.
PERSICO, LUIGI,
special passport for, 18.
PICTORIAL FEATURES OF PASSPORTS,
in 1796, 80.
in 1817, 80.
in 1833, 80.
in 1872, 81.
in 1877, 81.
in 1889, 81.
POLICE COURT OF DISTRICT OF COLUMBIA,
can not naturalize, 112.
PORTUGAL,
how citizenship in, is lost, 133,
POSTMASTERS,
as agents for issuing passports, 150, 151, 152.
POTESTAD, SEROR DON LUIS HE,
special passport for, 22.
POTTS, SAMUEL,
passport issued to, 82.
PRIVATE CITIZEN,
special passport for, 10.
PROTECTION.
for North American Indians; how accorded, 148.
in countries with which we have no naturalization treaty, 179.
of naturalized and native Americans abroad, statute, 202.
of passport, rulings on, 171.
PROTECTION DOCUMENT,
rulings on, 170.
PRUSSIA,
how citizenship in, is lost, 133.
PURVIANCE, JOHN HENRY,
special passport for, 8.
QUALIFIED PASSPORTS,
forbidden in 1885, 87.
REGISTRATION AS A VOTER,
not evidence of citizenship, 156, 164.
RENATURALIZATION.
how effected, 142.
RENEWAL,
of passports, 75.
Index. 231
RESIDENCE ABROAD,
how long may be permitted, 135, 177, 203.
RULES,
governing applications for passports, 1896, 59.
RUSSIA,
contention as to citizenship, 143, 144.
penalties for foreign naturalization by a subject of, 199.
status of naturalized American of Russian birth in, 181, 194.
subjects of, in Alaska, became American citizens by Alaska pur-
chase, 98.
SAFE-CONDUCTS,
passports classed as, 3.
to aliens, 4.
to Americans, 4.
SAFE-CONDUCT OR PASSPORT,
penalty for violation of, 36.
SEAL,
of officer before whom affidavit is executed, 210.
SEAMEN,
protection and citizenship of, 112.
when may become citizens, 175.
SECRETARY OF STATE OF A STATE,
certificate of, not evidence of citizenship, 156, 158.
SERVANTS,
when included in passport, 91.
SERVICE AS A CONSUL,
not proof of citizenship, 157.
SHERMAN. JOHN, SECRETARY,
on fee for special passport, 25.
SILLIMAN, BENJAMIN,
passport issued to, 37.
SOLDIER,
honorably discharged, naturalization of, no, 175.
SPAIN,
how citizenship in, is lost, 133.
status of naturalized American of Spanish birth in, 180.
SPECIAL PASSPORTS,
double purpose of, 7.
duration of, 76.
number to private individuals issued by Bayard, 24.
number to private individuals issued by Blaine, 24.
number to private individuals issued by Evarts, 24.
number to private individuals issued by Fish, 24.
number to private individuals issued by Foster, 24.
232 Index,
SPECIAL PASSPORTS— Continued.
number to private individuals issued by Frelinghuysen, 24.
number to private individuals issued by Gresham, 24.
number to private individuals issued by Olney, 24.
number to private individuals issued by Seward, 24.
parctice concerning, 211.
so-called, for foreign ministers, 212.
to foreigners of distinction, 7.
to free colored persons, 7.
to whom granted, 212.
STATE AND MUNICIPAL AUTHORITY,
passports issued by, 37, 213.
STRAIN, ISAAC G.,
special passport for, 19.
SUPREME COURT,
on passports, 37.
SWEDEN AND NORWAY,
naturalization treaty with, 175, 187, 191.
SWITZERLAND,
status of naturalized American of Swiss birth in, 181, 194.
TALBOT, GEORGE WASHINGTON,
passport issued to, 83.
TERAN, GEN. D. M.,
. special passport for, 13.
TEXAS,
inhabitants of, became American citizens by treaty of Guadalupe
Hidalgo, 97.
by Gadsden purchase, 98.
THOMAS, HENRY LIVINGSTON, TRANSLATOR,
quoted, 80, n.
THOMPSON, LOUIS,
special passport for, 16.
TINGLE, EDWARD STEPHENS, CONSUL,
report on naturalized Americans in Germany, 195.
TITLES AND OCCUPATIONS,
in passports, 216.
TOWN CLERK'S CERTIFICATE,
not evidence of citizenship, 156, 163.
TREATIES,
of naturalization, with what countries concluded, 174, 175.
with France (1778); passports under, 36.
TRUMBULL, JONATHAN,
governor of Connecticut, passport issued by, 37.
Index. 233
TURKEY,
status of Americans living in American communities in, 204.
status of naturalized American of Turkish birth in, 181, 192.
TUTOR,
not included in a passport, 91.
TWO YEARS' LIMITATION,
of passports, 75.
VISA OR VIS£,
of passport, defined, 5.
rule as to, 216, 217.
VOTING,
evidence of, not proof of citizenship, 156, 160.
WAR OF 1812,
passports granted during, 36.
WHARTON, FRANCIS, LL. D., SOLICITOR,
on qualified passports, 87.
WHEATON, DANA'S,
definition quoted, 5.
WHITE PERSONS, FREE, AND AFRICANS.
naturalization laws apply only to, 106, iii.
WICHELHAUSEN, H. D.,
special passport for, 11.
WIDOW AND MINOR CHILDREN,
of one who has declared his intention to become an American citi-
zen, 106, no.
WIDOW'S APPLICATION,
digest, 217.
WIFE.
of one who becomes naturalized, 106.
WORDING OF PASSPORTS,
in 1796, 77.
wOrtemberg,
how citizenship in, is lost, 133.
naturalization treaty with, 175, 188, 192.
^v
To avoid fine, this book should be returned on
or before the date last stamped below
lOM — 4.S*
FTAUPCHp
Th> Aimrtoan ptuport.
3 6105 044 461 858
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