of State objects, moreover, to any indorsement on a passport serving to deface it or to impair its usefulness, by a representative of a foreign government who, for any reason, declines to affix a visa to the document.1

The Department of State at one time lodged vigorous protest against the practice of Russian consuls in the United States, of interrogating American citizens as to their race and religion, and, upon the ascertainment thereof, of denying to persons of Jewish faith the authentication of passports for use in Russia.2

404. Local Papers.

5

Certain foreign countries require an alien, upon entering the national domain, to deposit his passport with the local authorities or with his diplomatic or consular representative, and thereupon to secure a permit to sojourn or travel. Such a permit was given in Russia under imperial authority to the holder of a passport duly visaed when entering the empire. In Turkey a so-called tezkéréh is issued which is considered as a safe-conduct.*

When, as sometimes happens in Latin-American countries, an American citizen is obliged to deposit his passport with his legation or consulate, and receive a certificate of registry, in the native tongue, the Department of State has announced that the

at one dollar, and the fee for each passport issued to a citizen or person owing allegiance to or entitled to the protection of the United States was fixed at nine dollars.

1 Mr. Runyon, Ambassador to Germany, to Baron Rotenhan, Sept. 2, 1895, For. Rel. 1895, I, 540, Moore, Dig., III, 997-998; also For. Rel. 1896, 517519.

2 President Cleveland, Annual Message, Dec. 2, 1895, For. Rel. 1895, I, xxxii, Moore, Dig., III, 996; see, also, documents in Moore, Dig., II, 8-12, especially Mr. Adee, Acting Secy. of State, to Mr. Breckinridge, Minister to Russia, Aug. 22, 1895, For. Rel. 1895, II, 1067, Moore, Dig., II, 11.

It may be observed that the refusal of Russia to honor passports of American citizens of Jewish faith was a reason which caused President Taft to have the American Ambassador at St. Petersburg notify the Russian Government, Dec. 17, 1911, of the intention of the United States to terminate the operation of the treaty of commerce and navigation with Russia of Dec. 18, 1832, and which caused the Congress to pass a joint resolution ratifying the action taken by the President. The resolution was approved by President Taft, Dec. 21, 1911. See editorial comment, Am. J., VI, 186–191.

3 Notice of Department of State, Aug. 1, 1901, in which it is also stated that at least twenty-four hours before departure from Russia the permit of sojourn should be presented to the authorities, whereupon "a passport of departure will be granted and the original passport returned." For. Rel. 1901, 453, Moore, Dig., III, 994.

4 Documents in Moore, Dig., III, 1004-1006, especially Mr. Bayard, Secy. of State, to Mr. Straus, Minister to Turkey, No. 14, May 10, 1887, MS. Inst. Turkey, IV, 573.

certification must in no sense partake of the nature of a passport, attesting the nationality of the bearer, but must be simply either a certificate of the deposit of the passport and of the registration of the individual, or an indorsement on the passport itself certifying what that document purports to attest. Whatever certificate is given must be predicated upon a regular passport and not issued in lieu thereof.1

$405. In General.

6

WAR REGULATIONS

a

A State engaged in war may with reason adopt extraordinary precautions respecting the entering and departing from its territory of both aliens and nationals. Passports duly visaed may be required of all persons seeking admission from a foreign

1 Mr. Gresham, Secy. of State, to Mr. Buchanan, Minister to the Argentine Republic, No. 24, Aug. 15, 1894, For. Rel. 1894, 19, Moore, Dig., III, 1007; Mr. Sherman, Secy. of State, to Mr. Stuart, Minister to Uruguay, May 25, 1897, For. Rel. 1897, 593, 594, Moore, Dig., III, 1008.

Respecting the use in China of travel certificates and transit passes as well as passports, see Moore, Dig., III, 1009-1015 and documents there cited.

Respecting the certification by American consular officers in Italy of Italian or French translations of American passports, and the desirability that American travelers in that country provide themselves with livrets d'identité, see For. Rel. 1908, 482-483.

Concerning the Registration of American Citizens Abroad, see Consuls, Miscellaneous Duties, infra, § 488.

Special Passports. A special passport limited to the case of a person going abroad in the fulfillment of some official trust or duty, and necessary as a certification of the individual's public character is, on appropriate occasions, issued by the Secretary of State, but not by American agents abroad. Mr. Olney, Secy. of State, to Mr. Wagner, Nov. 25, 1895, 206 MS. Dom. Let. 200, Moore, Dig., III, 1002; Mr. Hay, Secy. of State, to Mr. Storer, No. 313, March 25, 1901, MS. Inst. Spain, XXIII, 117, Moore, Dig., III, 1003; also statement, id.,

1001.

"Safe conducts, in a form similar to that of special passports, have also been issued to aliens, especially as bearers of despatches.

"So, also, letters of safe conduct, commonly called passports, are given to foreign ministers traveling in or departing from the United States." Moore, Dig., III, 1002, citing Hunt, American Passports, 7-35.

During the recent war the Department of State adopted the practice of European Governments in issuing to diplomatic and principal consular officers documents known as 'diplomatic passports.' They are in form similar to 'special passports', but bear the heading 'Passeport Diplomatique' in red ink, according to the European custom. These documents insure to the bearers unusual courtesies and facilities." Communication of Mr. R. W. Flournoy, Jr., to the author, Sept. 20, 1920.

The rigor of the regulations of the United States during the Civil War is fully narrated in Moore, Dig., III, 1015–1021.

See, also, War, Pacific Intercourse of Belligerents, Passports. Safe Conducts, infra, §§ 640-641.

WAR REGULATIONS

[§ 405 country. The departure of aliens may be conditioned upon their obtaining passports from their own governments or the representatives thereof, and upon the countersigning of such documents by the foreign office of the belligerent.2 Aliens who, for any reason, have become subject to military service may be compelled to obtain local permits in order to quit the country.3

Rigid regulations may be prescribed as to the movements of naturalized citizens of a neutral State, with whose State of origin the country of sojourn is at war, especially when, according to the law of the enemy State, such persons are not deemed to have expatriated themselves, or are not regarded as exempt from military service. Restraint of such individuals, if naturalized American citizens, would not necessarily indicate disregard of the change of their allegiance or of the validity of their passports, but would rather betoken an appreciation by the belligerent State of sojourn of the consequences to be anticipated, should such persons be subjected to the control of their former sovereign.4 Their departure, therefore, from belligerent soil might be fairly conditioned upon their return to the United States.

1 Mr. Seward, Secy. of State, to Diplomatic & Consular Officers, circular, May 25, 1864, MS. Circulars, I, 270, Moore, Dig., III, 1019; Circular of Dec. 17, 1864, No. 55, MS. Circulars, I, 281, Moore, Dig., III, 1019.

2 Statement in Moore, Dig., III, 1016, with reference to the practice of the United States during the Civil War prior to the enactment of the Act of March 3, 1863; also Mr. Fish, Secy. of State, to Mr. Williamson, No. 97, July 24, 1874, MS. Inst. Costa Rica, XVII, 190, Moore, Dig., III, 1022.

Mr. F. W. Seward, Acting Secy. of State, to Mr. Irving, Aug. 18, 1863, acting under the authority of the Act of March 3, 1863, 61 MS. Dom. Let. 412, Moore, Dig., III, 1018.

On April 17, 1915, the Department of State issued the following notice to American citizens who contemplated visiting belligerent countries:

"All American citizens who go abroad should carry American passports, and should inquire of diplomatic or consular officers of the countries which they expect to visit concerning the necessity of having the passports visaed therefor. "American citizens are advised to avoid visiting unnecessarily countries which are at war, and particularly to avoid, if possible, passing through or from a belligerent country to a country which is at war therewith.

"It is especially important that naturalized American citizens refrain from visiting their countries of origin and countries which are at war therewith.

"As belligerent countries are accustomed, for self-protection, to scrutinize carefully aliens who enter their territories, American citizens who find it necessary to visit such countries should, as a matter of precaution and in order to avoid detention, provide themselves with letters or other documents, in addition to their passports, showing definitely the object of their visits. In particular it is advisable for persons who go to belligerent countries as representatives of commercial concerns to carry letters of identification or introduction from such concerns.

"American citizens sojourning in countries which are at war are warned to refrain from any conduct or utterance which might be considered offensive or contrary to the principles of strict neutrality." American White Book, European War, II, 162.

See, also, Grounds of Refusal, supra, § 401.

b

§ 406. Regulations of the United States as a Belligerent. A joint order of July 26, 1917, issued by the Secretary of State and the Secretary of Labor, required aliens coming to the United States to bear passports visaed by consular officers of the United States. Before being granted visas, the holders of passports were obliged to fill out a questionnaire on a prescribed form, disclosing such information as to their antecedents, nationality, residence, occupation and purpose of coming to the United States as the Government deemed necessary. A circular instruction to diplomatic and consular officers was issued on the same date. Those officers had been instructed by telegraph shortly after the United States became a belligerent, to require aliens seeking to enter the United States to have their passports visaed, and to scrutinize applicants carefully before granting visas; but the joint order of July 26, 1917, made the visa regulations much more thorough and effective.1

By virtue of authority vested in him by an Act of May 22, 1918, to prevent in time of war departure from or entry into the United States contrary to the public safety,2 the President, by proclamation of August 8, 1918, and by an executive order of the

1 The paragraph in the text is taken from a memorandum by Mr. R. W. Flournoy, Jr., addressed to the author, Sept. 21, 1920, where it is added: "In the meantime the Department of State had already made informal arrangements with the Departments of the Treasury and of Commerce under which all persons boarding vessels for foreign countries were required to submit passports. Steamship companies were notified that clearances would be withheld from their vessels unless there was strict compliance with the passport regulations.

"The above mentioned action was taken without waiting for special authorization by Congress. It was a case where practical necessity and common sense seemed to dictate prompt and vigorous action without awaiting special legislative authorization."

It may be observed that by the executive order of Aug. 8, 1918, in pursuance of the Act of May 22, 1918, the joint order of July 26, 1917, was confirmed and continued in effect. It is printed with the executive order as Appendix A thereof. 2 Chap. 81, 40 Stat. 559. The President adverted in his proclamation to the provisions of other laws relating to departure from and entry into the United States, as contained in § 3, subsection (b), of the Trading with the Enemy Act of Oct. 6, 1917, and in § 4067, Rev. Stat., as amended by the Act of April 16, 1918, and §§ 4068, 4069, 4070, Rev. Stat., and to regulations prescribed in his own proclamations of April 6, 1917, Nov. 16, 1917, Dec. 11, 1917, and April 19, 1918.

The Act of May 22, 1918, declared that when the United States was at war, if the President should find that the public safety required that restrictions and prohibitions in addition to those provided otherwise than by the Act be imposed upon the departure of persons from, and their entry into, the United States, and should make public proclamation thereof, it should, until otherwise ordered by the President or Congress, be unlawful (among other things) "for any alien to depart from or enter or attempt to depart from or

AMERICAN WAR REGULATIONS

[$ 406 same date, established a series of rules governing the issuance of passports and the granting of permits to depart from and enter the United States. According to the proclamation, no citizen of the United States was to receive a passport entitling him to leave or enter the United States, unless it should affirmatively appear that there were adequate reasons for such departure or entry, and that such movements were not prejudicial to the interests of the United States. No alien was to receive permission to depart from or enter the United States unless it should affirmatively appear that there was a reasonable necessity for such departure or entry, and that such movements were not prejudicial to the interests of the United States.

According to the rules and regulations of August 8, 1918, no passports or permits to depart from or enter the United States were required of persons "other than hostile aliens" traveling between ports of the continental United States on vessels making no intermediate calls at foreign or non-continental ports,2 or between points in the continental United States and points in Canada or Bermuda, or passing through Canada on a trip between two points in the continental United States (except in the case of persons liable to military service). Nor were passports or permits to depart from or enter the United States required of persons attached to the military or naval forces of the United States, "or of any nation associated with the United States in the prosecution of the war", under conditions specified.4

No permits to depart from or enter the United States were required of "officials or representatives of foreign countries duly accredited to the United States or a friendly country", provided that they bore valid passports and provided the Department of State was notified in advance of the movements of such individuals and consented thereto.5

enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President shall prescribe."

1 The proclamation and the executive order embracing the rules and regulations governing the issuance of passports and the granting of permits to enter and leave the United States were published as a single document in 1918. 3 Section 9 (b).

2 Section 9 (a). Section 9 (c). Special provision was made for the issuance to aliens of so-called "border permits" for the crossing and recrossing of the Mexican border. Section 10 (a).

Arrangement was made for the granting of permission to aliens passing through the United States en route between two foreign points, and not remaining in the United States more than thirty days. Section 10 (f).

5 Section 10 (g). It was required, however, that such officials, when desiring to enter the United States, should have their passports visaed by a