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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. 



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