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arrested and sent to Fort Lafayette, New York. Applications for passports, from notaries and other persons, made to the Department of State, continued to receive the attention of the Department as before.” The passport agents were instructed to issue passports only on the applications of the persons desiring them; and to issue them gratis.a Passports were not required, however, in the case of persons going to the British provinces: but all passengers for foreign ports, except Irish and Germans of the poorer classes, were required to obtain them before leaving the country.

Till the act of March 3, 1863, by which permits to leave the country were authorized to be given to aliens who had by the conditions of their sojourn become subject to military duty, passports were issued by the Department of State and its agents only to citizens of the United States. Aliens were required to obtain passports from their own governments or their agents. Holders of foreign passports desiring to leave the country were required to send them to the Department of State to be countersigned; but persons who had declared their intention to become citizens of the United States, if they were unable to obtain passports from the ministers or consuls of their native country, were allowed to embark, without molestation, unless the chief of police at the place of embarcation should in a particular case object. In the case of Bavarians, notarial certificates, countersigned by their consul, who had no authority to issue passports, were recognized; and instructions were given to make a like exception in any similar case." Nov. 25, 1861, notice was given of the discontinuance of the practice of requiring foreign passports to be countersigned, or viséed at the Department of State, and the duty was delegated to the passport agents. The American consul-general at

a Mr. Seward, Sec. of State, to Mr. Adams, Sept. 12, 1861, 55 MS. Dom. Let. 85. Mr. F. W. Seward, Assist. Sec. of State, to Mr. Van Nostrand, Sept. 7, 1861, 55 MS. Dom. Let. 45.

e Mr. F. W. Seward, Assist. Sec. of State, to Mr. Nones, Oct. 9, 1861, 55 MS. Dom. Let. 229.

d Mr. F. W. Seward, Assist. Sec. of State, to Mr. Irving, Aug. 29, 1861, 54 MS. Dom. Let. 562; to Mr. Nones, Oct. 9, 1861, 55 id. 229; Mr. Seward, Sec. of State, to Mr. Amory, Nov. 25, 1861, 55 id. 490.

e Mr. F. W. Seward, Assist. Sec. of State, to Mr. Van Nostrand, Sept. 7, 1861, 55 MS. Dom. Let. 45.

f Mr. Seward, Sec. of State, to Mr. Amory, Oct. 21, 1861, 55 MS. Dom. Let. 284; to Mr. Prescott, Nov. 2, 1861, id. 419; to Sec. of Treas., Dec. 2, 1861, id. 534.

9 Mr. F. W. Seward, Assist. Sec. of State, to Mr. Sprungk, Aug. 22, 1861, 54 MS. Dom. Let. 515; to Mr. Robbins, Aug. 29, 1861, id. 563; to Mr. Irving, Aug. 29, 1861, id. 562; to Mr. Graham, Aug. 31, 1861, id. 583.

Mr. F. W. Seward, Assist. Sec. of State, to Mr. Kennedy, chief of police at New York, Jan. 17, 1862, 56 MS. Dom. Let. 214.

i Mr. Seward, Sec. of State, to Mr. Amory, Mr. Irving, and Mr. Adams, Nov. 25, 1861, 55 MS Dom. Let. 490, 491, 493.

Montreal was authorized to visé the passports of British subjects leaving Canada for the United States," and in January, 1862, measures were adopted in Canada to restrict the issuance of certificates of British nationality, having the force of passports, to the governor-general and his authorized agents, thus taking the power from mayors of towns, who had previously assumed in some instances to exercise it.' The agents of the United States were enjoined to take special care against the illegal transfer of foreign passports from one person to another. Collectors of customs were desired to aid in the enforcement of the passport regulations.

A regulation required the "loyalty of all Americans applying for passports or visés to be tested under oath." The enforcement of this regulation was specially enjoined; but, on March 17, 1862, it was rescinded.

Dec. 2, 1861, it was ordered that passports should no longer be required of passengers proceeding from New York by steamer to California, Oregon, or Washington, via the Isthmus. The general strictness, however, with which the rules were sought to be enforced may be inferred from the fact that special instructions were given to allow Col. Rowan, a British officer, who had been accustomed to visit British mail steamers, in the service of his government, to continue to exercise that function."

The passport agencies at New York, Boston, and Portland were discontinued Feb. 24, 1862, and the function of issuing passports to American citizens was exclusively resumed by the Department of State.i

a Mr. F. W. Seward, Assist. Sec. of State, to Mr. Adams, Nov. 27, 1861, 55 MS. Dom. Let. 507. The consul-general was not allowed to charge for the service. (Mr. F. W. Seward, Assist. Sec. of State, to Mr. Amory, Feb. 6, 1862, 56 MS. Dom. Let. 306.)

Mr. F. W. Seward, Assist. Sec. of State, to Mr. Adams, and to Mr. Amory, Jan. 28, 1862, 56 MS. Dom. Let. 254.

© Mr. F. W. Seward, Assist. Sec. of State, to Mr. Adams, and to Mr. Amory, and Mr. Irving, Dec. 14, 1861, 56 MS. Dom. Let. 44, 45, 46.

d Mr. Seward, Sec. of State, to Sec. of Treas., Dec. 12, 1861, 56 MS. Dom. Let. 28.

e Mr. F. W. Seward, Assist. Sec. of State, to Mr. Irving, Jan. 3, 1862, 56 MS. Dom. Let. 150. In the case of Mr. W. H. Richardson instructions were given, on receiving "satisfactory assurances of his loyalty," to issue a passport without requiring him to take the usual oath of allegiance. (Mr. F. W. Seward, Assist. Sec. of State, to Mr. Amory, Feb. 8, 1862, 56 MS. Dom. Let. 322.)

f Circular to consuls, No. 9, March 17, 1862, MS. Circulars, I. 194.

9 Mr. F. W. Seward, Assist. Sec. of State, to Mr. Kennedy, chief of police of New York, Dec. 2, 1861, 55 MS. Dom. Let. 534.

h Mr. Hunter, chief clerk, to Mr. Kennedy, Dec. 9, 1861, 56 MS. Dom. Let. 1. Mr. Seward, Sec. of State, to Mr. Irving, to Mr. Amory, and to Mr. Adams, Feb. 21, 1862, 56 MS. Dom. Let. 392, 393, 394; also, Mr. F. W. Seward, Assist. Sec. of State, to Mr. Amory and Mr. Irving, Feb. 27, 1862, id. 415, 416.

Feb. 27, 1862, the agents of the Department of State, at New York and Boston, were instructed that the order requiring passports of all persons departing from or arriving in the United States was rescinded, as well as the rule requiring the countersignature, or visé, of foreign passports."

Similar instructions were given to the agent at Portland, March 12, 1862.

"Until further notice, however, arrests will be made under the direction of the Secretary of War of any persons who may reasonably be suspected of treason against the United States."

March 17, 1862, a circular notice was sent out that the regulation. of Aug. 19, 1861, was rescinded."

August 8, 1862, the diplomatic and consular officers of the United States were instructed till further notice not to issue passports to any citizens of the United States, between the ages of 18 and 45 years, and otherwise liable to perform military duty, whom they should have reason to believe to have left the United States after that date.

Persons going abroad, who were liable to a draft, were required, in accordance with the regulations of the War Department, to give bonds, conditioned for the performance of military duty, in case they should be drafted, or the providing of a substitute.

Sept. 27, 1862, it was stated that, under a "recent regulation," a passport could include only the applicant, his wife, and minor children."

Under the act of March 3, 1863, authorizing the issuance of permits to quit the country to aliens who had become subject to military duty, a passport for such a person was on a certain occasion sent to Mr. Irving, the dispatch agent at New York, with instructions to hand it over on receiving from the applicant an affidavit that he was “an

a Mr. F. W. Seward, Assist. Sec. of State, to Mr. Irving, and to Mr. Amory, Feb. 27, 1862, 56 MS. Dom. Let. 415.

Mr. F. W. Seward, Assist. Sec. of State, to Mr. Adams, March 12, 1862, 56 MS. Dom. Let. 486.

c Mr. Seward, Sec. of State, to Lord Lyons, Brit. Min., March 7, 1862, MS. Notes to Gr. Br. IX. 131.

d Circular No. 9, to U. S. consuls, March 17, 1861, MS. Circulars, I. 194. See, also, Mr. Seward, Sec. of State, to Mr. Harvey, min. to Portugal, No. 43, March 20, 1862, MS. Inst. Portugal, XIV. 239.

e Mr. Seward, Sec. of State, Circular No. 18, Aug. 8, 1862, MS. Circulars, I. 204. f Mr. Seward, Sec. of State, to Mr. Fessenden, Sept. 27, 1862, 58 MS. Dom. Let. 271; Mr. Hunter, chief clerk, to Mr. Butler, Sept. 16, 1862, id. 219. "Bonds are not now required from citizens in those States which

have furnished their complement of militia for nine months." (Mr. F. W. Seward, Assist. Sec. of State, to Mr. Weiss, March 23, 1863, 60 MS. Dom. Let. 70; to Mr. Hale, March 24, 1863, id. 79.)

9 Mr. Seward, Sec. of State, to Mr. Fessenden, Sept. 27, 1862, 58 MS. Dom. Let. 271.

able-bodied person liable to military duty; that he is between the ages of 20 and 45 years, of foreign birth, and has declared his intention to become a citizen of the United States, according to law, and has not been convicted of felony," besides a bond conditioned for the performance of military duty.

Mr. F. W. Seward, Act. Sec. of State, to Mr. Irving, Aug. 18, 1863, 61
MS. Dom. Let. 412.

On the ground that persons aiding the rebellion or engaged in the slave trade had embarked at foreign ports for ports in the loyal States, and on arriving at such ports had engaged in unlawful practices, seizing unarmed merchant vessels, carrying on forbidden trade, and furnishing information, arms, munitions and other aid and comfort to the insurgents, the diplomatic and consular officers of the United States were instructed, May 25, 1864, that thereafter all persons, both citizens and foreigners, embarking for the United States, except emigrants, must provide themselves with passports, and, if arriving without them, would be liable to examination as to their character and purposes. This regulation did not apply to loyal citizens who reside within loyal States, and who pass through foreign countries or provinces, not having come from any port beyond the seas."

Mr. Seward, Sec. of State, to Dip. & Consular Officers, circular, May 25, 1864, MS. Circulars, I. 270.

Mr. Seward, as Secretary of State, issued, Dec. 17, 1864, the following circular order:

"The President directs that, except immigrant passengers directly entering an American port by sea, henceforth no traveler shall be allowed to enter the United States from a foreign country without a passport. If a citizen, the passport must be from this Department or from some United States minister or consul abroad; and, if an alien, from the competent authority of his own country, the passport to be countersigned by a diplomatic agent or consul of the United States. "This regulation is intended to apply especially to persons proposing to come to the United States from the neighboring British provinces. Its observance will be strictly enforced by all officers, civil, military, and naval, in the service of the United States, and the State and municipal authorities are requested to aid in its execution. It is expected, however, that no immigrant passenger, coming in manner aforesaid, will be obstructed, or any other persons who may set out on their way hither before intelligence of this regulation could reasonably be expected to reach the country from which they may have started."

Circular No. 55, MS. Circulars, I. 281.

The circular was accompanied with the following rules:

"I. Passports for Canada and the adjoining British provinces are issued
for one year, and need not be surrendered within that period.
"II. Citizens of the United States, desirous of visiting Canada, may take
out their passports either from United States consulates or from this
Department.

"III. United States consular agents are authorized to issue passports, and
may countersign those of foreigners.

"IV. Travelers making transit through Canada, from one American port
to another American port, must procure passports.

"V. Persons residing near the line who desire to cross and recross daily
in pursuit of their usual avocations are travelers' in the contempla-
tion of the order, and must provide themselves with passports.
“VI. Females and minor children traveling alone are included in the
order. When, however, husband, wife, and minor children travel
together, a single passport for the whole will suffice. For any other
person in the party a separate passport will be required.

“VII. Should any person, native or foreign, clandestinely enter the United
States in derogation of the order, the fact should be reported to the
military authorities of the district."

In connection with these rules, see Mr. Seward, Sec. of State, to Mr.
Fessenden, Sec. of Treas., Dec. 29, 1864, 67 MS. Dom. Let. 425; F. W.
Seward, Assist. Sec. of State, to Mr. Spalding, Dec. 27, 1864, id. 401;
same to Messrs. Snow & Co., Jan. 12, 1865, id. 529.

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For your information I send herewith a copy of the new tariff of consular fees. The consular officers in Canada are instructed and are believed to make the same charge for passports that are made by Mr. Jackson at Halifax." (Mr. F. W. Seward, Assist. Sec. of State, to Messrs. Snow & Co., Jan. 12, 1865, 67 MS. Dom. Let. 529.) "The order in question [of Dec. 17, 1864] is designed to apply only to travelers; and persons on their way to and from church, and their respective post-offices, and in attendance on the sick, are not considered... to be travelers.'" (Mr. F. W. Seward, Assist. Sec. of State, to Mr. Gillis, Jan. 25, 1865, 68 MS. Dom. Let. 12.)

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The Department of State declined to grant a request of certain firms at Champlain, N. Y., that the United States officials be instructed "to allow known and worthy inhabitants residing within the precincts of the British North American provinces, and near the boundary of the United States, to pass and repass the borders for the purpose of business transactions" with such firms, without complying with the terms of the order. (Mr. F. W. Seward, Assist. Sec. of State, to Messrs. Whiteside et al., Jan. 25, 1865, 68 MS. Dom. Let. 13.)

See, also, Mr. Seward, Sec. of State, to Sec. of War, Jan. 27, 1865, suggesting that persons in New York who violated the order be committed to military custody to be tried by court-martial. (68 MS. Dom. Let. 41.)

"Mr. Mason may be informed that no passport is needed to cross the border into Canada; passports are only required to enter the United States." (Mr. Seward, Sec. of State, to Sec. of Treas., March 1, 1865, 68 MS. Dom. Let. 314.)

Mr. Seward, as Secretary of State, issued to consular officers, March 15, 1865, the following order:

"United States consular officers residing abroad, with the excep

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