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Sept. 7, 1876, on his sworn statement that he was a native of the United States. In 1896, being under arrest at Moscow, he declared to the United States consul that he was born in Russian Poland, where he was known as Hugo Sundolovitch, and that between 1869 and 1872 he emigrated without permission to the United States, where he was naturalized. Under the circumstances, no evidence of his naturalization having ever been produced, it was held that he inust, in the absence of such evidence, “ be deemed a Russian subject."

Mr. Rockhill, acting Sec. of State, to Mr. Breckinridge, min. to Russia,

Sept. 19, 1896, For. Rel. 1896, 522.

“ It is usually expected that a person claiming citizenship through the naturalization of parents should, on each occasion of applying for a passport, produce the evidence by way of corroboration. The possession of a Department passport is, however, prima facie evidence of the applicant's having previously produced to the Department the proof of the parents' naturalization; and inability to produce that evidence at each subsequent application for a passport need not occasion refusal to grant one unless the circumstances of the case should raise such reasonable doubt in the mind of the envoy as to cause him to make further inquiry of the Department."

Mr. Hay, Sec. of State, to Mr. Storer, min. to Belgium, Feb. 4, 1899, For.

Rel. 1899, 84, 85.

“ Paragraphs Nos. 153 and 154 of the Instructions to the Diplomatic Officers of the United States and the same numbered paragraphs of the Regulations Prescribed for the Use of the Consular Service of the United States provide that when a person applies to a diplomatic or consular officer for a new passport his old passport may be accepted in lieu of his naturalization certificate, if it was issued at the mission or consulate to which the new application is made, and that such an old passport, if issued by the Department of State, may be so accepted for the same purpose if the application is made before the old passport has expired—that is, within two years of the date of its issuance.

“ There appearing to be no good reason why an old passport, without regard to the time or place of its issuance, should not be accepted as evidence prima facie that the person it describes properly established his citizenship when the old passport was granted him, and as our citizens who fail to carry with them in their travels the proof of citizenship which they once produced to this Department or its agents abroad sometimes experience great inconvenience because they are refused passports under the regulations cited above, it has been deemed desirable to remedy the difficulty by rescinding these regulations and adding to the paragraph which precedes them

H. Doc. 551-vol 3-58

(No. 152) a clause permitting, in an application for a new passport, the acceptance of the old passport as evidence prima facie that the applicant established his citizenship when he made the application upon which the old passport was granted.

“To this end an Executive order was issued on the 31st ultimo, a copy of which is appended.”

Mr. Hill, Act. Sec. of State, to U. S. Dip. and Consular officers, circular,

Feb. 8, 1901, MS. Circulars, V.
The Executive order, signed by President McKinley, Jan. 31, 1901, reads

as follows:
“Paragraphs Nos. 153 and 154 of the Instructions to the Diplomatic Offi-

cers of the United States, prescribed January 4, 1897, and paragraphs Nos. 153 and 154 of the Regulations Prescribed for the Use of the Consular Service of the United States, December 31, 1896, are hereby repealed, and it is ordered that paragraph No. 152 of the aforesaid instructions and No. 152 of the aforesaid regulations be so amended

as to read: “152. Expiration of passport.-A passport expires two years after the

date of its issuance, and cannot be removed. A new passport may be issued upon a new application in accordance with the provisions of paragraph 151, but an old passport will be accepted as prima facie evidence that the citizenship of the applicant was properly prored when the old passport was granted, and a naturalized citizen need not, therefore, be required to produce the naturalization certificate through which he acquired his citizenship again. The old passport should be retained and sent to the Department of State with the application in making the report required in paragraph 163. If there is any doubt, however, surrounding the case, the applicant should be required to produce the same evidence that would be required of him if he were making his first application for a passport."

(MS. (irculars, V.) See correspondence in For. Rel. 1901, 207. A passport issued by the Department of State should always be accepted by a legation abroad as prima facie proof of the citizenship of the person to whom it was issued, should he apply to such legation for a new passport.

Mr. Ilay, Sec. of State, to Mr. Hardy, min. to Switzerland, Apr. 23, 1901,

For. Rel. 1901, 508. In an exceptional case, where the certificate of naturalization was not

produced, and the passport, issued by the Department of State, was alleged to have been taken and lost by the Turkish police, a passport was issued by the legation at Constantinople. The Department of State was disposed to conclude that this was an exceptional case. where the issuance of the passport without the primary proof of citizenship was permissible; but in every case of this kind the legation should aflix to the application an explanatory statement justifying the apparent departure from those rules which experience has shown must be carefully observed to protect this Government from imposition.” (Mr. Hay, Sec. of State, to Mr. Griscom, chargé at Constantinople, No. 356, March 6, 1901, MS. Inst. Turkey, VII, 521.)


$ 508.

“A passport cannot be issued to any citizen, claiming the protection of this Government, who is unwilling, at a time of peril like the present, to make known his loyalty by taking the oath of allegiance."

Mr. Seward, Sec. of State, to Mr. Hillin, Aug. 23, 1861, 54 MS. Dom. Let.

527. No oath of allegiance had previously been required of persons applying

for passports. “It has been deemed proper to require of all persons, who may, hereafter apply for passports, that they shall take the oath of allegiance, as prescribed by law, a copy of which is herewith enclosed, and the regulation will be strictly enforced in all cases. Your course in declining to receive applications of persons who sympathised with those in insurrection against the Government, meets the approval of this Department."

Mr. F. W. Seward, Assist. Sec. of State, to Mr. Corey, notary public,

New York, Aug. 26, 1861, 54 MS. Dom. Let. 545.
The law here referred to is the act of August 6, 1861, 12 Stat. 326.
As is elsewhere shown, a regulation adopted in 1861 required "the loyalty

of all Americans applying for passports or visés to be tested under

oath.” (Infra, $ 532.) The form of oath of allegiance was changed by the act of May 13, 1884,

23 Stat. 21.

6 Mr. E- 's refusal to take the prescribed oath of allegiance is

of itself a sufficient ground for declining to issue a passport to him. He may, in fact, be a citizen of the United States and that fact appear by competent proof, but his right to protection as a citizen abroad will depend on his purpose to fulfil the obligations of good citizenship, whereof allegiance is the highest. This requisite cannot be waived in any case, native born or otherwise.

In the case of an applicant born abroad, as Mr. E- was, it is especially imperative, particularly if he were born prior to his father's naturalization, for in such a case the son is not constrained by his father's act to be a citizen. The father's naturalization is no proof of the son's loyalty; he must evidence that by his own acts. In this relation it may be remarked that Mr. E- could not have served as he said he had done in the Army of the United States without taking the oath of allegiance. If he has done so once, it is not easy to fathom his present scruples.”

Mr. Foster, Sec. of State, to Mr. Newberry, No. 357, July 21, 1892, MS.

Inst. Turkey, V. 369.

“ This Government has no disposition 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 repugnant 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 protection he solicits.

“ The oath of allegiance is, therefore, required 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 addition tending to invalidate it. The words added by Mr. D— amount to a protest against the Constitution of the United States, and it is understood that such is the intention of their meaning. The Department cannot accept this oath, and so far declines to recede from the position set forth in the letter of September 30.

“ It is not doubted, however, that Mr. D-— 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 hardships may be visited upon any loyal citizens because they follow the dictates of conscience, 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. D— may submit another application, containing 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:

“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.'”

Mr. Day, Assist. Sec. of State, to Mr. Morrison, October 7, 1897, 221 MS.

Dom. Let. 362. The usual oath reads: “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," etc., as above.


$ 509. “ This Department cannot issue a passport containing a name different from that set out in the naturalization certificate upon which the application is based.

“ It is suggested that the proper procedure would be to apply to the court for a correction of the certificate of naturalization."

Mr. Gresham, Sec. of State, to Mr. Raine, June 4, 1894, 197 MS. Dom.

Let. 245.
A similar ruling of the Department of State of Aug. 20, 1872, is given in

Hunt's Am. Passport, 154.

A person naturalized as Juda Osiel asked for a passport as Leon Osiel, saying that he had changed his name since his naturalization. The Department said that if he would produce proper affidavits as to the change of his name and establishing the identity of Juda Osiel with Leon Osiel, the Department would issue a passport to “ Juda Osiel, commonly known as Leon Osiel,” but it could not omit the name by which he was naturalized.

Mr. Wharton, Act. Sec. of State, to Mr. Osiel, July 8, 1889, 173 MS. Dom.

Let. 517.

The Department has received your letter of October 5, stating that you came to this country when nine years of age, that your father was naturalized as an American citizen, and that he had changed his name from Redicker to Ritter. The Department will issue a passport in your favor upon receiving a satisfactory application accompanied by the proof of your citizenship as indicated by the enclosed form and rules. It will be necessary, however, that you should also submit competent proof that your father legally effected a change of his name. This proof should be a duly certified copy of the legal record of the change. If such a record cannot be produced, after that fact shall have been established, the Department will consider secondary evidence coming from credible witnesses having personal knowledge of the facts as set forth by you."

Mr. Day, Assist. Sec. of State, to Mr. Ritter, October 6, 1897, 221 MS.

Dom. Let. 348.
See a similar ruling of April 10, 1892, in Ilunt's Am. Passport, 154.

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$ 510. Neither official nor professional titles, nor statements of the holder's business or occupation, are inserted in the passport granted by the Government of the United States.

Rules Governing the Granting and Issuing of Passports in the United

States, Sept. 12, 1903; Hunt, Am. Passport, 216.

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