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granted, issued, or verified in foreign countries by diplomatic or consular officers of the United States to or for any other persons than citizens of the United States. If this law apparently operates harshly upon persons who, by reason of their declaration of intention to become citizens of the United States, suppose themselves entitled to the protection of its representatives abroad, it is for the law-making power to determine whether it is wise to change the policy which has so long been established. While the law remains as it is, I can see no official protection which can be extended to persons who are not citizens of the United States.'

"This was written by Mr. Fish, when Secretary of State, on October 4, 1870, to the minister of the United States to Switzerland, and expresses clearly and comprehensively the construction uniformly given to the law both before and afterwards.

"The Department has not failed to observe that it has been inferred from the documents now before it, as stated in your letter, that Mr. Verbeck has constantly been recognized as under the protection of the United States, and treated in all respects as a citizen thereof.' The strongest evidence to that effect is the certificate given by Mr. De Long on April 10, 1873. In this certificate Mr. De Long stated that he was unable to issue a passport because Mr. Verbeck could not at the time produce other evidence of citizenship than a declaration of intention, and that he consequently issued the certificate in lieu of a passport. In regard to this certificate, it is to be observed, in the first place, that it was directly in conflict with the law as previously construed by Mr. Marcy, by Mr. Seward, and by Mr. Fish, as Secretaries of State, in the instructions above quoted, and as uniformly construed by their successors. In the second place, it may be noticed that, on the same day as that on which the certificate was issued, Mr. De Long gave Mr. Verbeck, who appears to have been on the point of visiting Europe, a letter commending him to the most favorable personal and official acquaintance' of the minister of Holland in Rome, and requesting the latter, if Mr. Verbeck should by any chance become involved in trouble, to intervene and do all in his power to aid him. To this Mr. De Long added the request that the minister would also present Mr. Verbeck to the minister of the United States at Rome.

"If Mr. Verbeck should become involved in any difficulty it would not be improper, in view of his previous history and long connection with an American board of missions, for the minister of the United States in Tokio to extend to him his good offices. But, as the law authorizes an assurance of official protection only to citizens of the United States, the Department is not permitted to go further. The leading prescription of the conditions of citizenship is as binding

upon the Department as upon the courts; and, as Mr. Verbeck has not complied with those conditions so as to enable him to be admitted to citizenship, the Department is unable, by giving him such a letter as that requested, to assume to confer upon him a status that the law denies to him."

Mr. Blaine, Sec. of State, to Mr. Cobb, Dec. 5, 1890, 180 MS. Dom. Let. 95.
See, also, Mr. Blaine, Sec. of State, to Mr. Nortz, April 3, 1890, 177 MS.
Dom. Let. 146.

Where a diplomatic representative issued a certificate that the person named therein had "declared his intention to become a citizen of the United States," and urged that, as he also asserted an intention to become "fully naturalized" "at the earliest opportunity," "he be accorded the protection and courtesy usually given citizens of the United States," the Department of State declared that the issuance of such certificate was a violation both of the laws of the United States and of the regulations of the Department, and directed that "steps should be promptly taken to recall it."

Mr. Adee, Act. Sec. of State, to Mr. Russell, No. 285, Aug. 21, 1899, MS.
Inst. Venezuela, IV. 662.

IV. APPLICATIONS.

1. FORMS AND EVIDENCE.

§ 503.

For some time after the establishment of the Government of the United States no definite rules were prescribed with regard to applications for passports or the evidence on which they were granted. The lack of definite requirements apparently resulted in many persons obtaining passports who were not entitled to them. A circular concerning applications and the evidence by which they must be accompanied was issued by the Department of State in 1845, and since that time various regulations have been established and enforced.

"In order that you may be furnished with passports for Mrs. Susannah Smith (you 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, and that you likewise inform us of the Christian name of Madam Latour. A certificate from the clerk of the court before which you became naturalized, or an intimation from any respectable person in Baltimore, that he knows Mrs. Smith and yourself to be citizens of the United States, will be sufficient."

Mr. Brent, acting chief clerk, to Mr. Latour, Aug. 14, 1804, 14 MS. Dom.
Let. 353.

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Respect for the passport of an American minister abroad is indispensable for the safety of his fellow-citizens travelling with it, and nothing would be so fatal to that respect as the experience that his passport had been abusively obtained by persons not entitled to it. All passports should be gratuitously given, and a record or list kept of all those which you may deliver, containing the name and voucher of American citizenship of the persons to whom they are given. They may be refused even to citizens of the United States who have so far expatriated themselves as to have become bound in allegiance to other nations, or who in any other manner have forfeited the protection of their own. Protections to seamen are not included under the denomination of passports, nor are they ever granted by public ministers. Seamen may, nevertheless, like other citizens, occasionally want the passport of the minister, and be equally entitled to it."

Mr. Adams, Sec. of State, to Mr. Nelson, min. to Spain, No. 2, April 28,
1823, MS. Inst. U. States Ministers, IX. 175.

See, also, Mr. Adams, Sec. of State, to Mr. Allen, Nov. 30, 1823, MS.
Inst. U. States Ministers, X. 123.

"Your observations on the importance of great care in preventing foreigners from protecting themselves under American passports are very just, particularly in the case of Spaniards who use them to evade the laws of Mexico. In proportion to the care which all our public agents ought to take in giving proper protection to our citizens, ought to be their circumspection in preventing others, not entitled to that privilege, from usurping it. The President therefore highly approves the precautions you have taken in the instances you mention. And you are instructed to use every proper endeavor to convince the Mexican Government of the sincerity of your exertions to detect impositions of this kind in pursuance of what you may assure them is the wish of the President.”

Mr. Livingston, Sec. of State, to Mr. Butler, June 26, 1831, MS. Inst. Am.
States, XIV. 203.

For a printed form of application that came into use in 1830, see Hunt's
Am. Passport, 45.

"I am directed by the Secretary to acquaint you, in answer to your application for a passport for Francis W. Lusak, that the proof of citizenship which accompanied that application is not deemed satisfactory. It is expected that all naturalized citizens who may wish passports will either send to this office the certificate of citizenship, granted by the court in which they were admitted, or that they will exhibit the same to a notary or other magistrate, who must certify under his official seal to the fact of such an exhibition.”

Mr. Brent, chief clerk, to Mr. Cooper, Feb. 23, 1832, 25 MS. Dom. Let. 29.

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Satisfactory evidence of citizenship is necessary before he can be furnished with a passport. A notarial certificate of the fact is not deemed sufficient, although it is quite proper that the evidence transmitted be authenticated by a notary."

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. If you know the persons applying to be such, by sending a description of their persons embracing the following particulars-age, stature (feet, inches), forehead, nose, mouth, chin, hair, complexion, faceto this Department, the passports will be forwarded to yourself or them as you may direct.

"P. S.-A description of the gentlemen is all that is necessary.'

Mr. Forsyth, Sec. of State, to Mr. McKennan, Feb. 7, 1837, 29 MS. Dom.
Let. 7.

The Mr. McKennan to whom this letter was addressed was the Hon.
Th. M. T. McKennan, of the House of Representatives. Taken in
connection with the preceding letter of Mr. Dickins to Mr. Williams,
it indicates that the statement of Mr. Williams, as a member of Con-
gress, was feceived in lieu of the usual evidence of citizenship.

"Applicants for passports are required to furnish this Department with proof of citizenship, as well as a description of their persons. If native citizens, their own affidavit to the fact, made before a justice of the peace or notary, is sufficient; if naturalized, the certificate of naturalization must be forwarded to the Department, and will be returned with the passport."

Mr. Webster, Sec. of State, to Mr. Patterson, Feb. 10, 1843, 33 MS. Dom.
Let. 71.

To the same effect is Mr. Webster, Sec. of State, to Mr. Ducassel, April 1,
1843, 33 MS. Dom. Let. 131.

"All applications for passports must be accompanied by evidence of citizenship. If a native citizen of the United States, an affidavit. made by yourself before a notary public, and one other citizen to whom he is personally known, will be sufficient; and if a naturalized citizen, his certificate of naturalization must be transmitted for in- spection. I refer you to the annexed circular for further particulars." Mr. Buchanan, Sec. of State, to Mr. Wilkens, Oct. 16, 1845, 35 MS. Dom. Let. 291.

Mr. Buchanan seems to have been the first Secretary of State to issue a circular of instructions, giving particulars as to passport applications. The circular in question, dated July, 1845, is in Hunt's Am. Passport, 46. See, also, in the same publications, p. 47, a reference to a yet fuller circular issued by Mr. Buchanan, as Secretary of State, in May, 1846.

"A person who is entitled to receive a passport, if within the United States, must make a written application, in the form of an affidavit, to the Secretary of State.

"The affidavit must be attested by an officer authorized to administer oaths, and if he has an official seal it must be affixed. If he has no seal, his official character must be authenticated by certificate of the proper legal officer.

"If the applicant signs by mark, two attesting witnesses to his signature are required.

"The applicant is required to state the date and place of his birth, his occupation, and the place of his permanent residence, and within what length of time he intends to return to the United States with the purpose of residing and performing the duties of citizenship therein. "The applicant must take the oath of allegiance to the Government of the United States.

“The application must be accompanied by a description of the person applying, and should state the following particulars, viz: Age, feet inches (English measure); forehead,

hair,

; stature,
; eyes,

; nose, ; complexion,

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"The 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."

Rules governing the granting and issuing of passports in the United
States, Sept. 12, 1903.

“14. Blank forms of application. They will be furnished by the De-
partment to persons who desire to apply for passports, but are not
furnished, except as samples, to those who make a business of pro-
curing passports.

“15. Address. Communications should be addressed to the Department
of State, Passport Bureau, and each communication should give the
post-office address of the person to whom the answer is to be directed.
"16. Rejection of application. The Secretary of State has the right in
his discretion to refuse to issue a passport, and will exercise this
right towards anyone who, he has reason to believe, desires a pass-
port to further an unlawful or improper purpose.” (Ibid.)
As to rules governing applications prior to 1898, see Hunt's Am. Pass-
port, 48-64.

See a circular of Mr. Bayard, Sec. of State, to diplomatic officers abroad.
Feb. 23, 1887, printed in For. Rel. 1887, 1134; also, what purport to
be revised regulations of May 1, 1886, in relation to passports, as
printed in Wharton's Int. Law Digest, II. 469-471, but apparently
not now of record in the Department of State.

Where the object is to obtain a passport for an insane person, the application may be made and proper papers presented by the guardian or nearest friend of the person in question. "Even were this not

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