of this Department, which is to decline to pronounce anticipatory judgments." Mr. Bayard, Sec. of State, to Mr. Develin, Oct. 21, 1887, For. Rel. 1887, 355. See infra, pp. 924–925. Where a citizen of the United States invoked protection for a "friend" of "Scotch nationality, domiciled formerly in the United States, but now engaged in missionary work in Japan," the Department of State said: "Mere domicil in the United States does not entitle a person to claim the official protection of this Government. Should occasion arise, this Department would, however, use its good offices to aid your friend in any way which it properly could." Mr. Uhl, Act. Sec. of State, to Mr. Tucker, Jan. 9, 1895, 200 MS. Dom. Let. 197. Lem Moon Sing, whose exclusion from the United States as an alien Chinese laborer had been ordered by executive officers of the United States, applied for a writ of habeas corpus. By the statute under which the order was made, the exclusive control of the subject was committed to such officers. Lem Moon Sing sought, however, to escape the disability of alienage, and to secure, through the intervention of the courts, his readmission to the United States, on the ground that he had a "permanent domicil" in the United States, and was lawfully engaged in mercantile pursuits at San Francisco; that this domicil had never been surrendered or renounced by him; and that the purpose of his absence from the United States was merely that of a temporary visit to his native land, with the intention of returning and continuing his residence in the United States," in the prosecution of his business. These statements were not controverted. Mr. Justice Harlan, delivering the opinion of the court, said: 66 66 He [Lem Moon Sing] is none the less an alien because of his having a commercial domicil in this country. While he lawfully remains here he is entitled to the benefit of the guarantees of life, liberty, and property, secured by the Constitution to all persons, of whatever race, within the jurisdiction of the United States. His personal rights when he is in this country, and such of his property as is here during his absence, are as fully protected by the supreme law of the land as if he were a native or naturalized citizen of the United States. But when he has voluntarily gone from the country, and is beyond its jurisdiction, being an alien, he cannot reenter the United States in violation of the will of the Government as expressed in enactments of the law-making power. He cannot, by reason merely of his domicil in the United States for purposes of business, demand that his claim to reenter this country by virtue of some statute or treaty, shall be determined ultimately, if not in the first instance, by the courts of the United States, rather than exclusively and finally, in every instance, by executive officers charged by an act of Congress with the duty of executing the will of the political department of the Government in respect of a matter wholly political in its character. He left the country subject to the exercise by Congress of every power possessed under the Constitution." Lem Moon Sing v. United States (1895), 158 U. S. 538, 547-548. CHAPTER XII. PASSPORTS. I. NATURE AND FUNCTIONS, § 492. II. AUTHORITY TO ISSUE. 1. In the United States, § 493. 2. In foreign countries, § 494. III. TO WHOM ISSUED. 1. Issuance forbidden to any but citizens, § 495. 2. Inhabitants of annexed, or occupied, territory, § 496. 3. Indians, § 497. 4. Persons of color, § 498. 5. Persons included in passport, § 499. 6. Women, § 500. 7. Minor children, § 501. 8. Declaration of intention, § 502. IV. APPLICATIONS. 1. Forms and evidence, § 503. 2. Native citizens, § 504. 3. Naturalized citizens, § 505. 4. Citizenship through parent's naturalization, § 506. 5. Evidence of previous passport, § 507. 6. Oath of allegiance, § 508. 7. Name of applicant, § 509. 8. Titles, personal or official, § 510. 9. Fees, § 511. V. GROUNDS OF REFUSAL. 1. Discretion as to issuance, § 512. 2. Renunciation of allegiance, § 513. 3. Effect of foreign domicil, or residence, § 514. 4. Foreign residence of citizens by birth. (1) Persons born in the United States, § 515. 5. Foreign residence of naturalized citizens. (2) In third country, § 518. 6. Statement as to intention to return, § 519. 7. Connection with American business interests, § 520. 8. Missionaries, § 521. 9. Effect of extraterritoriality, § 522. VI. DURATION OF PASSPORTS. 1. Time limit, § 523. 2. Cancellation, § 524. VII. INTERNATIONAL EFFECT. 1. Evidential force, § 525. 2. Visé, § 526. 3. False use, § 527. VIII. SPECIAL PASSPORTS, § 528. IX. LOCAL PAPERS. 1. European countries, § 529. 2. American countries, § 530. XII. WAR REGULATIONS. 1. American Civil War, § 532. 2. Other cases, § 533. I. NATURE AND FUNCTIONS. § 492. A passport is the accepted international evidence of nationality. In its usual form, it certifies that the person described in it is a citizen or subject of the country by whose authority it is issued, and requests for him permission to come and go, as well as lawful aid and protection. Other documents, such as safe-conducts, letters of protection, and special passes for individuals, and even passes for vessels, are often referred to as passports, and not altogether inaccurately, since their object is to secure for the particular person or property freedom of movement and lawful protection. But these documents are used chiefly in war, and are granted on the strength of the personality rather than of the nationality of the individual, being issued, according to the circumstances of the case, even to enemies. The Attorney-General advised, in 1866, that the Secretary of State was not authorized to furnish the owners of an American merchant vessel with a safe-conduct to the American ministers and naval officers in the East." A special passport or protection paper was, however, issued by Mr. Blaine, in 1890, to an American vessel going on a long and hazardous voyage; and certificates of American character are given to American-owned but foreign-built vessels. Such papers hardly fall within the provisions of the law relating to passports. The terms of the law obviously refer to certificates of nationality issued to individuals. The Department of State seems in early times occasionally to have issued a certificate of citizenship, neither in the form nor in the nature of a passport. Thus Mr. Pickering, Secretary of State, certified under the seal of his Department, Aug. 3, 1796, that "Ferdinand Gourdon, of the city of Philadelphia, merchant, is, and for at least nine years last past has been, a citizen of the United States of America." Again, on Aug. 13, 1796, Mr. Pickering certified that it appeared "by authentic documents now before me," that on June 22, a Stanbery, At. Gen., 12 Op. 65. Supra, vol. 2, p. 1068. c Supra, § 323. 1784, "Andreas Everardus Vanbraam Houckgeest, before that time a subject of the United Netherlands, was duly admitted and became a citizen of the State of South Carolina, pursuant to the laws of that State, and consequently, by virtue of the Articles of Confederation, a citizen of the United States; " that no subsequent act appeared to have "divested him of his citizenship;" and that he therefore "recognized" him as " a citizen of the United States of America." 9 MS. Dom. Let. 249, 265. For the form of the first passport found in the records of the Passport In 1866 two persons named Albee and Gordon, claiming to be American citizens, complained that the United States consul at Buenos Ayres had refused to give them duplicates of "protection papers" to secure to them their treaty rights as citizens of the United States. The action of the consul in refusing to issue "protection papers" was approved, passports being the only "protection papers known to the law or sanctioned by the Department of State; and it was directed that the practice of granting so-called protection papers," which seemed to have prevailed at the consulate, should be discontinued. It was stated, however, that "the Argentine Government or its agents might reasonably be expected to grant to the claimants some form of certificate of protection or safe-conduct such as is technically known as 'protection papers.'" 66 Mr. Seward, Sec. of State, to Mr. Asboth, min. to Argentine Republic, No. In the course of this instruction, Mr. Seward said: The passport is the only attestation of American nationality which the United States legation is authorized to give. Mr. Bayard, Sec. of State, to Mr. McLane, min. to France, July 2, 1885, See, to the same effect, Mr. Adee, Act. Sec. of State, to Mr. Terres, Sept. In reply to a request from a person for a letter to the United States minister in Germany recommending the person in question for protection in case he should return to Germany, the Department said that it never issued such a letter; that the only paper it issued to |