course between the United States and the Antilles, you will use your good endeavors toward a change in this regard?" Mr. Bayard, Sec. of State, to Mr. Muruaga, Span. min., April 11, 1887, See, as to the complaints referred to, Mr. Bayard, Sec. of State, to Mr. "It appears from explanations forwarded to me by the captaingeneral of Cuba in reference to passports, that these are not required from foreigners during a month's travel. Beyond this time, according to the alien law, they must provide themselves with a passport. This is more or less a measure of internal policy. In the first case they are considered under the law as transients, in the second as residents. Against this I have already remonstrated in Madrid, but to avoid in the meantime all source of trouble, I deem it necessary to instruct all our consuls in the United States to furnish a visé to American citizens going to Cuba at a cost of $1." Mr. Murunga, Span. min., to Mr. Bayard, Sec. of State, June 10, 1887, "The requirement of a passport or permit to quit a country is common and is enforced at the present time by important states, such as Russia, Turkey, and Spain in the Spanish Antilles. The right to prescribe such a formality can not well be disputed, but the amount of the fee (6 gourds) may warrant friendly representations against so onerous a charge." Mr. Sherman, Sec. of State, to Mr. Powell, min. to Hayti, Oct. 23, 1897, See, also, Mr. Uhl, Act. Sec. of State, to Mr. Terres, No. 57, Aug. 24, 1894, 66 'No passports are necessary for the entrance into Cuba and Porto Rico of passengers from Spain or elsewhere." (Mr. Hay, Sec. of State, to Sir J. Pauncefote, Br. amb., Jan. 21, 1899, For. Rel. 1899, 338.) II. AUTHORITY TO ISSUE. 1. IN THE UNITED STATES. § 493. Down to the act of Aug. 18, 1856, the issuance of passports was not regulated by law. While they were granted by the Secretary of State, in the exercise of his proper functions, papers designed to serve the same purpose were issued by the governors of States and other local authorities, and even by notaries public. The practice of the Department of State itself in such matters was, however, exceedingly loose. Passports were on occasion sent out to a collector of customs or other official, with instructions to hand them over, on "satisfying" himself that the applicants were citizens of the United States." Complaints of the Mexican Government that passports were fraudulently obtained led to the adoption of special precautions in regard to persons who claimed American citizenship by virtue of residence. in Louisiana at the time of its cession to the United States." The first step taken toward preventing the issuance of passports in the United States by local authorities appears to have been due to the refusal of foreign governments and their representatives to recognize such documents. The Department of State issued a notice calling attention to the facts. "Your letter of the 15th instant has been received. The notice from this Department in relation to passports, which is referred to by you, was not issued in consequence of any arrangements with foreign governments, nor was it founded on any information having particular reference to passports given by the executive of Massachusetts. "It is within the knowledge of the Department that the diplomatic agents of foreign governments in the United States have declined authenticating acts of governors or other State or local authorities; and foreign officers abroad usually require that passports granted by such authorities shall be authenticated by the ministers or consuls of the United States. Those functionaries, being thus called upon, find themselves embarrassed between their desire to accommodate their a Mr. Brent to Mr. Swartwout, collector at New York, April 24, 1832, 25 MS. Dom. Let. 79; Mr. Forsyth, Sec. of State, to Mr. Swartwout, May 13, 1836, 28 id. 315. Mr. Livingston, Sec. of State, to Gov. Roman, of La., Aug. 16, 1831, 24 MS. Dom. Let. 201; Mr. Brent, chief clerk, to Mr. Hurst, Feb. 11, 1832, 25 id. 15; Mr. Brent to Lieut. R. B. Lee, April 20, 1833, id. 293. fellow-citizens and their unwillingness to certify what they do not officially know; and the necessity of some uniform practice, which may remove the difficulties on all sides, has been strongly urged upon the Department. "With the practice of Massachusetts in issuing certificates of citizenship to citizens of that Commonwealth going abroad, this Department has no concern. If those documents have answered all the purposes of passports in all parts of the civilized world, it was, probably, owing to their having been authenticated by a minister or consul of the United States, more especially in countries where vigilance is exercised in regard to the introduction of foreigners. The notice has no other object than the convenience of those concerned." Mr. Forsyth, Sec. of State, to Mr. Bangs, Sec. of the Commonwealth of Early in 1854 Mr. Marcy, as Secretary of State, complained of the action of a notary public in New York City in issuing certificates which were designed to serve as passports and which had in some instances served that purpose. "You have erred," said Mr. Marcy, "in stating to persons, as you say you have done, that no passports are issued in America, but only certificates of citizenship by the State Department. Although the passport of this Department is substantially only a certificate of citizenship, still it is a passport, and believed to be almost identical in form with that issued by other governments. The head of this Department is the only officer in the United States who can be recognized by the authorities of foreign governments." Mr. Marcy, Sec. of State, to Mr. Nones, April 14, 1854, 42 MS. Dom. Let. 363. See, also, Mr. Marcy to Gov. Clark, April 2, 1855, 43 MS. Dom. Let. 473; to Mr. Nones, April 11, 1854, 42 id. 354. "To preserve proper respect for our passports it will be necessary to guard against frauds as far as possible in procuring them. I regret to say that local magistrates or persons pretending to have authority to issue passports have imposed upon persons who go abroad with these spurious papers. Others, again, who know that they are not entitled to passports-not being citizens of the United States seek to get these fraudulent passports, thinking that they will protect them while abroad." 66 Mr. Marcy, Sec. of State, to Mr. Fay, min. to Switz., Oct. 4, 1854, MS. The object of this communication is to apprise you that the diplomatic and other agents of the United States abroad were in structed not to acknowledge passports or certificates of citizenship other than those issued from this Department." Mr. Marcy, Sec. of State, to Mr. Horr, mayor of St. Louis, Feb. 5, 1855, 43 MS. Dom. Let. 365. The act of August 18, 1856, 11 Stat. 60, as embodied in the Revised Statutes of the United States, § 4075, provides that "the Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by such diplomatic or consular officers of the United States, and under such rules as the President shall designate and prescribe for and on behalf of the United States." The same act (§ 4078 R. S.) forbids under penalty "any person acting, or claiming to act, in any office or capacity, under the United States or any of the States of the United States, who shall not be lawfully authorized so to do," to "grant, issue, or verify any passport or other instrument in the nature of a passport, to or for any citizen of the United States, or to or for any person claiming to be or designated as such, in such passport or verification." See Mr. Fish, Sec. of State, circular No. 16, Jan. 10, 1872, MS. Inst. Arg. The inhibition extends to officials in the United States as well as abroad, See, also, Mr. Fish, Sec. of State, to Mr. Coke, March 23, 1875, 107 MS. Mr. Frelinghuysen, Sec. of State, to Mr. Brewster, Feb. 12, 1884, 149 MS. Mr. Davis, Assist. Sec. of State, to Mr. Speakman, Dec. 18, 1884, 153 MS. By the act of June 14, 1902, § 4075 is amended by inserting, after the phrase "consular officers of the United States," the words " and by such chief or other executive officer of the insular possessions of the United States;" and, by the same act, § 4078 is amended by extending the penalty therein prescribed to any person who, while acting or claiming to act "under the United States, its possessions, or any of the States," performs the prohibited act to or for "any person not owing allegiance, whether citizen or not, to the United States." (32 Stat., part 1, p. 386.) This last phrase is obviously designed to embrace the native inhabitants of Porto Rico and the Philippines, whose status has been defined by Congress as that of "citizens of Porto Rico" and "citizens of the Philippine Islands," respectively, and who are declared to be entitled to passports as such. See supra, § 379, and infra, § 496. A "certificate of identity," issued by a notary to a person about to travel abroad, is a paper in the nature of a passport, and its issuance is an infraction of the statute. Mr. Evarts, Sec. of State, to the governor of New York, June 8, 1877, 118 "Certificates of identification," which were issued by the mayor of New Orleans to persons going abroad, and which, whatever the purpose they may have been intended to serve, were on various occasions presented and used as passports, were considered to fall within the inhibition of the statute, and the mayor was requested to discontinue the issuance of them. Mr. Hill, Assist. Sec. of State, to the mayor of New Orleans, Dec. 5, 1899, 241 MS. Dom. Let. 429. "The passport provided by this Department is a certificate of citizenship for identification and protection of an American citizen who is about to visit a foreign country. The paper submitted by you is a certificate of citizenship for exactly the same purpose. Aside from the fact that, being to all intents and purposes a passport, it cannot be lawfully issued by you, it is very objectionable in some of its declarations. No person other than a chief officer of this Department can with propriety certify officially that the bearer of the certificate has fully and satisfactorily complied with the requirements established by the Department of State of the United States, to entitle said bearer to a United States passport." " Mr. Bayard, Sec. of State, to Mr. Conoly, Feb. 24, 1886, 159 MS. Dom. In 1889 the attention of the Department of State was called by some of its agents abroad to a certificate which certain persons had sought to use as passports. The certificate, which was signed by the governor of Minnesota and bore the seal of that State, set forth that the bearer was "a worthy and respected citizen" of Minnesota and that he was "about leaving home to travel in Europe," and bespoke for him "the kind attention of all to whom these presents may come." Mr. Blaine, as Secretary of State, submitted the matter to the governor of Minnesota, and called attention to secs. 4075, 4078, R. S. It seems that it had been the custom for many years to issue such papers, but the practice was discontinued. For. Rel. 1890, 330, 332, 335. The certificate of a governor, under the seal of the State, recommending a person's private enterprise, but not representing him to be a citizen of the United States, is not a paper in the nature of a passport. (Mr. Wharton, Act. Sec. of State, to Mr. Lincoln, min. to England, No. 466, March 24, 1891, MS. Inst. Gr. Br., XXIX, 435.) H. Doc. 551-vol 3-55 |