Citizens of the United States traveling between American ports not within the continental United States, or between such ports and ports within the continental United States, on vessels making no intermediate calls at foreign ports other than those of Canada or Bermuda, were not required to bear passports provided they should have received from the immigrant inspector at the port of departure "United States citizens' identity cards." 1 Such cards were also permitted to suffice for such citizens traveling across the Mexican border, unless otherwise ordered by the Secretary of State.2 Citizens of the United States who were seamen on vessels entering or leaving ports of the United States were not required to bear passports provided they bore seamen's certificates of American citizenship, issued by collectors of the ports of the United States in accordance with the statutory law.3

It was declared that no person registered or enrolled or subject to registry or enrollment for military service in the United States should depart from the United States without the previous consent of the Secretary of War or of such persons as he might appoint to give it. The Secretary of State was enjoined to issue no passport or permit entitling such person to depart without securing satisfactory evidence of such consent.4

Elaborate arrangements were made for the issuance of permits to aliens to depart from and enter the United States. A general system of control at points of entry and departure was established. It is not believed that the regulations of the United

diplomatic or consular officer of the United States in the country from which they came and in the country from which they embarked for or entered the United States. Such officials desiring to depart from the United States were required to have their passports visaed by the Department of State.

i Section 11 (a).

4 Section 12.

2 Section 11 (b).

3 Section 11 (c).

It was declared in Section 14 that passports were not valid for return to the United States unless verified in the country from which the holder started on his journey thereto, and further verified in the foreign country from which he embarked for or entered the United States.

5 Sections 15-39.

Sections 36-38.

On Aug. 25, 1919, the President, upon the suggestion of the Secretary of State, recommended to the Congress that the passport-control system under the Act of May 22, 1918, be extended for one year after peace should be concluded between the United States and the Central Powers of Europe. Senate Doc No. 79, 66 Cong., 1 Sess By an Act received by the President Oct. 29, 1919, and which became a law without his approval, in November following, it was provided that 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 entry of aliens in the United States, and should make public proclamation thereof, it should (among other things), until otherwise ordered by the President or Congress, be unlawful "for any alien to enter or attempt to enter the United States except under such reason

AMERICAN WAR REGULATIONS

[$ 406

States in relation to alien persons betokened an abuse of power. The extraordinary conditions confronting the nation appeared to justify amply the measures adopted.1

able rules, regulations, and orders, and subject to such passport, visé, or other limitations and exceptions as the President shall prescribe." This Act was to take effect upon the date when the Act of May 22, 1918, should cease to be operative, and was to continue in force and effect until and including March 4, 1921. Public, No. 79, 66 Cong. [H. R. 9782].

1 Mr. Lansing, Secy. of State, to the President, Aug. 20, 1919, Senate Doc. No. 79, 66 Cong., 1 Sess., 3.

By an executive order of June 27, 1920, amending that of Aug. 8, 1918, persons defined by statute or proclamation as hostile or enemy aliens, and who might be desirous of departing from the United States were not, unless the Secretary of State might so order, to be required to obtain a permit of the Government prior to such departure. It was declared that such persons would be permitted to depart upon presentation of passports issued, renewed or visaed by representatives of their respective Governments within one year prior to the proposed date of departure, accompanied by certificates of compliance with the income tax law.

PART III

DIPLOMATIC INTERCOURSE OF STATES

407. In General.

TITLE A

The practice of enlightened States has revealed the fact that both the processes and instrumentalities of diplomatic intercourse are matters requiring, for sake of mutual convenience, adherence to certain principles designed to promote justice. It is significant, moreover, that among the earliest rules in which States were ready to acquiesce, in token of recognition of the need of a law of nations, were those pertaining to the treatment to be accorded diplomatic officers.

When the United States came into being many of these rules were well established. During the interval that has since elapsed some have been modified. It seems important to observe those on which the United States has placed reliance and laid special emphasis.

It must be constantly borne in mind that the canons of international law restraining the action of States are distinct from and may in fact oppose theories of diplomacy to which particular powers may be committed. The conflict between law and policy is vividly illustrated in the nature of the tasks too frequently imposed upon public ministers. Because the method of fulfillment of essentially legal obligations pertaining to diplomatic intercourse rests largely with the discretion of the individual State, the nature and scope of its duties may have been at times obscured. The success, therefore, of any attempt to ascertain what, in the light of American opinion, they entail, and wherein they should be modified, must depend upon the care taken to distinguish that which by common consent is assigned to local regulation according to domestic policy, from that which is demanded as of right by the international society from each of its members.

TITLE B

AGENTS OF A STATE

1

§ 408. The President of the United States.

The foreign relations of a State are necessarily conducted by an agent or agents who act either directly or through subordinates.1 Each member of the family of nations enjoys a large freedom in

1 Respecting American diplomatic officers, see Instructions to the Diplomatic Officers of the United States, 1897, and continuations thereof; Documents in Moore, Dig., IV, 425-806.

See, also, generally, Bonfils-Fauchille, 7 ed., §§ 652-732, with bibliography; Edward S. Corwin, The President's Control of Foreign Relations, Princeton, 1917; bibliography in Clunet, Tables Générales, I, 449-451, 875-876; A. de Clercq and C. de Vallat, Formulaire des chancelleries diplomatiques et consulaires, 7 ed., Paris, 1909; John W. Foster, A Century of American Diplomacy, Boston, 1901; American Diplomacy in the Orient, 1903; The Practice of Diplomacy, Boston, 1906; Diplomatic Memoirs, Boston, 1909; Hall, Higgins' 7 ed., 306-333; Hershey, Int. L., 275-297, with bibliography; David Jayne Hill, History of Diplomacy in the International Development of Europe, New York, 1905-1914; Gaillard Hunt, A History of the Department of State, New Haven, 1914; H. C. R. Lisboa, Les Fonctions Diplomatiques en Temps de Paix, Santiago de Chile, 1908; Baron Charles de Martens, Causes Célèbres, Leipzig, 1827; Denys P. Myers, Notes on the Control of Foreign Relations, The Hague, 1917; J. B. Moore, Principles of American Diplomacy, New York, 1918; Charles Ozanam, L'Immunité Civile de Juridiction des Agents Diplomatiques, Paris, 1912; C. Oscar Paullin, Diplomatic Negotiations of American Naval Officers: 1778-1883, Baltimore, 1912; Phillimore, II, §§ 94-242; Walter Alison Phillips, “Diplomacy", in Encyc. Brit. Eleventh ed., VIII, 294; Coleman Phillipson, International Law and Custom of Ancient Greece and Rome, London, 1911; P. Pradier-Fodéré, Cours de Droit Diplomatique, Paris, 1899; E. T. Rayneli, Derecho Diplomático Moderno, Buenos Aires, 1914; Jean Roederer, De l'Application des Immunités de l'Ambassadeur au Personnel de l'Ambassade, Paris, 1904; Sir Ernest Satow, Guide to Diplomatic Practice, London, 1917; Eugene Schuyler, American Diplomacy, New York, 1895, 105-190; Charlemagne Tower, Essays Political and Historical, Philadelphia, 1914; Frederick Van Dyne, Our Foreign Service: The "A B C" of American Diplomacy, with bibliography, Rochester, 1909: T. A. Walker, History of the Law of Nations, London, 1899; R. P. Ward, An Inquiry into the Foundation and History of the Law of Nations in Europe, from the time of the Greeks and Romans to the age of Grotius, Dublin, 1795; Dana's Wheaton, §§ 206251, also Dana's Note, No. 129; G. G. Wilson, Int. L., 159-180; Woolsey, 6 ed., §§ 86-98.