thority to issue passports in colonies; but the regulations of 1896 prohibited, generally, consular officers from issuing passports, unless specifically authorized so to do by the Department [of State], this prohibition not, however, extending to the issuing of passports by at consular officer during the temporary absence from a country of the diplomatic representative. More than forty consular officers now have the specific authority required by the regulations.” Hunt's American Passport (1898), 85-88. As is hereafter shown in this chapter, consuls were authorized to counter- As to the issuance of passports by consuls in China, see infra, § 531. In March, 1894, a passport was issued by the United States legation in Berlin to a citizen of the United States temporarily residing in Luxemburg, on an application made through the American vicecommericial agent, the only American consular officer there. The legation, in reporting its action, drew attention to the fact that Luxemburg was not a part of the German Empire, as well as to the fact that there was no United States official in Luxemburg who, under the regulations, was competent to issue a passport. The Department of State replied that no question of territorial jurisdiction was necessarily involved in the case, and that, where there was no United States representative competent to issue a passport in a small state, the nearest embassy or legation might be applied to; thus, an application from Monaco might be made to Paris or to Rome, or from Andorra to Madrid or Paris. It was pointed out, however, that the commercial agent at Luxemburg had authority to issue a passport, since the statutes provide for the issuance of passports in foreign countries by consular officers, and commercial agents are, by section 1674 of the Revised Statutes, declared to be full consular officers. Mr. Uhl, Acting Sec. of State, to Mr. Runyon, ambassador at Berlin, It seems to have been from the beginning the recognized rule of the Department of State to decline to issue passports to persons abroad. Thus, in 1810, an application signed by Judge Tucker, of the court of appeals of Virginia, for a passport for a Mr. Carter, was sent to the American minister in Paris, with a letter reading as follows: "As it is contrary, however, to usage to send passports from this Department to gentlemen who are abroad, I take the liberty of forwarding this paper to you and of requesting that you will furnish Mr. Carter with every document necessary to prove his citizenship. And in addition to these, perhaps, it may be well to put him in possession of this letter, for his friends, who are of the highest respectability in this country, are extremely anxious to guard him against every risk of detention on his return to them." Mr. Smith, Sec. of State, to Gen. Armstrong, Jan. 27, 1810, MS. Inst. U. "A person who is entitled to receive a passport if temporarily abroad should apply to the diplomatic representative of the United States in the country where he happens to be; or, in the absence of a diplomatic representative, to the consul-general of the United States; or, in the absence of both, to the consul of the United States.” Rules Governing the Granting and Issuing of Passports in the United The rule above quoted is "of long standing." (Mr. Hill, Assist. Sec. of See, also, Mr. Olney, Sec. of State, to Mr. Vest, Jan. 4, 1896, 207 MS. The statements necessary to obtain a passport may be made before the See, in this relation, Mr. Cadwalader, Assist. Sec. of State, to U. S. consuls, circular No. 1, March 1, 1875, MS. Circulars, II. 32. III. TO WHOM ISSUED. 1. ISSUANCE FORBIDDEN TO ANY BUT CITIZENS. $495. As the passport issued by the United States is primarily a certifi cate of citizenship, it has been regularly granted, except from 1863 to 1866, only to citizens. But, as to the inhabitants of the "possessions" of the United States, see infra, § 496. "In order that you may be furnished with passports for Mrs. Susannah Smith (your mother-in-law), your wife, and two children, it will be necessary that you send us proof of your own and of the citizenship of the first-mentioned lady." Mr. Daniel Brent, acting chief clerk, to Mr. Latour, Aug. 14, 1804, 14 MS. "The proof of citizenship which accompanied that [passport] application A "record or list " should be "kept of all those [passports] which you may deliver, containing the name and voucher of American citizenship of the persons to whom they are given." 66 Mr. Adams, Sec. of State, to Mr. Nelson, min. to Spain, No. 2, April 28, 1823, MS. Inst. U. States Ministers, IX. 175. "Satisfactory evidence of citizenship is necessary before he can be furnished with a passport." (Mr. Dickins, Act. Sec. of State, to Mr. Williams, Aug. 6, 1836, 28 MS. Dom. Let. 397.) Passports are only granted to citizens of the United States." Mr. Forsyth, Sec. of State, to Mr. McKennan, M. C., Feb. 7, 1837, 29 MS. "Applicants for passports are required to furnish this Department with proof of citizenship." Mr. Webster, Sec. of State, to Mr. Patterson, Feb. 10, 1843, 33 MS. Dom. "All applications for passports must be accompanied by evidence of citizenship." Mr. Buchanan, Sec. of State, to Mr. Wickens, Oct. 16, 1845, 35 MS. Dom, 6 "A passport is in its terms a certificate of citizenship, and can not, consequently, with propriety be given to any person not a citizen. Mr. Davis, in his report to you in Lemmi's case, alludes to the passports which were given by Mr. Brown, at Rome, to Italians desirous of escaping after the downfall of the government of Mazzini and his colleagues. Similar passports were given at Constantinople by the American legation to the Hungarian refugees. In these last cases the words citizen of the United States' were erased from the passports, but Mr. Davis is not quite sure that the consul at Rome was always equally exact. If he was not, he certainly committed a great error, although no doubt with good intentions. The value of the passport to those entitled to it would soon sink if it were understood that in cases of emergency it could be obtained by those who are not entitled to it. Besides, [there is] the very grave objection that if a passport containing the words 'citizen of the United States' is intentionally given to a person not a citizen, the signature and seal of the representative of the Government are appended to what is known not to be true. "The objection is but partly met by the erasure of the words. Police officers on the Continent seldom understand our language, and they form an opinion of the character of the document by the emblems on the vignette and the seal. If these cease to be reliable indications. they will in the same degree cease to be of value to those who are entitled to them, and passports will be subjected to a closer scrutiny, with all the inconveniences of detention till their precise character is ascertained." Mr. Everett, Sec. of State, to Mr. Ingersoll, min. to England, Dec. 7, 1852, "The passport issued by this Department is a certificate that the bearer thereof is a citizen of the United States, and is issued upon proof, if the applicant was born abroad, as in the case of Mr. Kaiser, that he has been duly admitted to citizenship. "The paper enclosed as evidence of citizenship appears to be a certificate from one of the judges of the court of common pleas of South Carolina that Mr. Kaiser has sworn allegiance to that State, in order that he may hold real estate, vote, &c., within the State; but no evidence appears that he has been admitted a citizen of the United States, and consequently he is not entitled to a passport certifying him as such." Mr. Marcy, Sec. of State, to Mr. Wallace, Nov. 3, 1853, 42 MS. Dom. Let. 40. By the act of Aug. 18, 1856, it was expressly forbidden to issue a passport to any person not a citizen of the United States. Rev. Stats. § 4076. A person who has only made a declaration of intention can not legally obtain a passport. (Rules, Sept. 12, 1903.) By the act of March 3, 1863, aliens who had made a declaration of intention, and who were, under specified conditions, liable to military duty, were permitted to obtain passports; but this privilege was repealed by the act of May 30, 1866. 12 Stat. 731, 754; 14 Stat. 54. See infra, p. 1018; and Mr. Bayard, Sec. of State, to Mr. Stein, Aug. 28, 1888, 169 MS. Dom. Let. 503. "Your dispatch of June 29, No. 322, has been received. If the minister of Switzerland, residing at Paris, had been informed of all the facts bearing on the question which he has raised, I cannot believe that he would have thought it necessary to offer objections against the President's proclamation concerning the liability of emigrants in the United States to perform military service. "The Federal Constitution authorizes Congress to adopt uniform rules of naturalization, and Congress, heretofore, prescribed the conditions of five years' residence, a preliminary declaration of intention to become a citizen, and a subsequent oath of renunciation of the native allegiance and acceptance of the new one. "But, on the other hand, the Federal Constitution recognizes a citizenship of each State, and declares that the citizens of one State shall enjoy the right of citizenship in every other State, and leaves it to each State to prescribe the conditions of its own proper citizenship. By the constitutions of several of the States, especially the new ones, the preliminary declaration of intention, above mentioned, entitles the maker of it to all the rights of citizenship in that State. and they freely enjoy and exercise those rights. They enjoy ample protection and exercise suffrage. It was with reference to this state of facts that Congress passed the law which is recited in the President's proclamation. And they passed another act, which authorized the Secretary of State to extend the protection of the Government to all persons who, by any laws of the United States, are bound to render military service. The two laws seem to this Government to be reasonable and just, and they constitute a new, additional, and uniform law of Federal naturalization. But it was foreseen that some emigrants, who had declared their intention, might complain of surprise if they were immediately subjected to conscription. To guard against this surprise the proclamation was issued, giving them ample notice of the change of the law, with the alternative of removal from the country if they should prefer removal to remaining here on the footing on which Congress had brought them. Surely no foreigner has a right to be naturalized and remain here, in a time of public danger, and enjoy the protection of the Government, without submitting to general requirements needful for his own security. The law is constitutional, and the persons subjected to it are no longer foreigners, but citizens of the United States. The law has been acquiesced in by other foreign powers, and I am sure that Switzerland cannot be disposed to stand alone in her protest against it." Mr. Seward, Sec. of State, to Mr. Dayton, July 20, 1863, Dip. Cor. 1863, It will be observed that the purport of this paper is that the persons in "The only method in which this Government pledges its protection to those entitled thereto is by the issuing of a passport, and this is expressly prohibited by law except to citizens native born or duly naturalized." Mr. Fish, Sec. of State, to Mr. Gonzales, Sept. 7, 1869, 82 MS. Dom. See also Mr. F. W. Seward, Assist. See. of State, to Mr. Claussenius, |