The circular was accompanied with the following rules:

"I. Passports for Canada and the adjoining British provinces are issued
for one year, and need not be surrendered within that period.
"II. Citizens of the United States, desirous of visiting Canada, may take
out their passports either from United States 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 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 contempla-
tion 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."

In connection with these rules, see Mr. Seward, Sec. of State, to Mr.
Fessenden, Sec. of Treas., Dec. 29, 1864, 67 MS. Dom. Let. 425; F. W.
Seward, Assist. Sec. of State, to Mr. Spalding. Dec. 27, 1864, id. 401;
same to Messrs. Snow & Co., Jan. 12, 1865, id. 529.

"For your information I send herewith a copy of the new tariff of
consular fees. The consular officers in Canada are instructed and
are believed to make the same charge for passports that are made
by Mr. Jackson at Halifax." (Mr. F. W. Seward, Assist. Sec. of
State, to Messrs. Snow & Co., Jan. 12, 1865, 67 MS. Dom. Let. 529.)
"The order in question [of Dec. 17, 1864] is designed to apply only to
travelers; and persons on their way to and from church, and their
respective post-offices, and in attendance on the sick, are not consid-
ered .. to be travelers.'" (Mr. F. W. Seward, Assist. Sec. of
State, to Mr. Gillis, Jan. 25, 1865, 68 MS. Dom. Let. 12.)

The Department of State declined to grant a request of certain firms at
Champlain, N. Y., that the United States officials be instructed "to
allow known and worthy inhabitants residing within the precincts
of the British North American provinces, and near the boundary of
the United States, to pass and repass the borders for the purpose
of business transactions" with such firms, without complying with
the terms of the order. (Mr. F. W. Seward, Assist. Sec. of State, to
Messrs. Whiteside et al., Jan. 25, 1865, 68 MS. Dom. Let. 13.)

See, also, Mr. Seward, Sec. of State, to Sec. of War, Jan. 27, 1865, sug-
gesting that persons in New York who violated the order be com-
mitted to military custody to be tried by court-martial.
Dom. Let. 41.)

(68 MS.

"Mr. Mason may be informed that no passport is needed to cross the border into Canada; passports are only required to enter the United States." (Mr. Seward, Sec. of State, to Sec. of Treas., March 1, 1865, 68 MS. Dom. Let. 314.)

Mr. Seward, as Secretary of State, issued to consular officers, March 15, 1865, the following order:

"United States consular officers residing abroad, with the excep

tion of those resident in Canada, are required to inform all captains of American vessels, on delivery of their papers, that, in order to prevent the occasion of embarrassment on their arrival in this country, it is necessary that each and every passenger, other than emigrants, and the wife and minor children of any gentleman, accompanied by said gentleman, should be protected by a passport duly issued or countersigned, should such passenger be a citizen of this country, by a diplomatic agent or consul of the United States; but otherwise to be issued by the proper authority of the country of which they are citizens, and countersigned by a United States diplomatic agent or consular officer.

"Instructions have been issued to the collectors of the several ports of entry in the United States, advising them that in all cases where passengers arrive at any port in the United States without a proper passport, such passengers shall not be permitted to land, nor any permit be given for the landing of their baggage, until notice shall have been duly given to the United States military authorities within the district, who will dispose of such passengers and baggage under instructions from the War Department."

Circular No. 56, March 15, 1865, MS. Circulars, I. 282.

In reply to a request made by a gentleman at the University of Virginia for a passport for himself and his family, Mr. Seward, in enclosing a copy of the passport regulations, said: "As it is presumed that you have been a colonel in the service of the insurgents, pursuant to a recent order of the President, any passport which may be issued to you will contain the condition that you do not return to the United States without the President's permission. If you are a paroled prisoner, no fee will be required for the passport."

Mr. Seward, Sec. of State, to Mr. Maury, Sept. 5, 1865, 70 MS. Doin.
Let., 307.

2. OTHER CASES.

§ 533.

"Lord Hawkesbury presents his compliments to Mr. Gore, and has the honor to inform him that it will be requisite for such citizens of the United States of America as may be desirous of proceeding from this country to France to apply for passports at the alien office, which passports will be granted gratis on their producing one from Mr. Gore."

Lord Hawkesbury, for. sec., to Mr. Gore, Am. commissioner, circular,
Downing Street, Friday, June 10, 1803, Papers relative to the Com-
missioners under the 7th article of the Treaty with England, 1794,
III., MSS. Dept. of State.

Early in December, 1901, the British War Office gave notice that, "in consequence of the establishment of martial law in all South

African ports," no person would, except under special circumstances, be allowed, on and after Jan. 1, 1902, to land in that country without a permit. This permit, in the case of persons proceeding from ports in the United Kingdom, was to be obtained from the Permit Office, 39 Victoria Street, S. W., London; and each applicant was required to produce a certificate, signed by the agent general for the Cape Colony or Natal, a Member of Parliament, Justice of the Peace, Banker, Parish Priest or Minister, or Officer of H. M. forces, that he possessed at least £100 or was in a position to maintain himself on arrival in South Africa; but subjects of foreign powers were allowed to produce satisfactory evidence to the same effect from their respective embassies or legations in London. Persons proceeding from British colonial ports were required to obtain like permits from the Colonial Secretary, or from some officer appointed by the Colonial Government; while persons sailing from a foreign port were to obtain them from the British consular officer there. In the case of a family a separate permit was required from each son or daughter over 16 years of age. The foregoing permits, it was expressly stated, were "available only to enable passengers to land in South Africa, and are no guarantee that they will be allowed to proceed inland." Permits to proceed inland were to be applied for at the port of disembarcation; and warning was given that there were "still thousands of persons waiting at the coast ports for an opportunity to return to their homes," who would "probably have precedence over later arrivals."

The London Times, weekly ed., Dec. 6, 1901, p. 778, column 4; U. S.
Consular Reports, LXVIII. (Feb. 1902) 149.

"Your despatch No. 177, of the 12th ultimo, has been received. It relates to passports for United States citizens in Guatemala, which, it appears, even when issued at the legation, are required to be countersigned at the foreign office. This, no doubt, for the reasons which you assign, is an inconvenient regulation for the holders, and abstractly may scarcely be warrantable in time of peace. It seems, however, that that condition had not technically been reached at Guatemala, for even the minister for foreign affairs, in his note to you of the 10th ultimo, speaks of a decree ready for the press, raising the state of siege, or, in other words, abolishing martial law. If circumstances had required that state to continue, its usual incidents, including the countersigning of passports, may scarcely be regarded as unreasonable. If, however, the regulation should in your judgment be unnecessarily continued or vexatiously required, you will temperately protest against it as unpalatable to your Government.”

Mr. Fish, Sec. of State, to Mr. Williamson, No. 97, July 24, 1874, MS. Inst.
Costa Rica, XVII. 190.

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