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dent of this county, who intends to start in a few days on a journey to Europe, but having neglected to take the necessary steps for his final admission as a citizen, and there being no court in session at this moment to which he could apply, he is now without the certificate of naturalization required by the circular lately received. I enclose, however, the certificate of his first declaration, and respectfully suggest whether the Department could, under the circumstances, grant the applicant a passport.'
“I regret to say that this is impossible. This Department has authority to grant passports only to citizens of the United States. The passport certifies that the bearer is a citizen, and you will readily perceive that such a certificate can not be given to anyone nota native citizen, until every requisite prescribed by law to his becoming a citizen has been actually fulfilled. His intention to become so may be ever so manifest, and his right to become so at any moment he pleases may be ever so clear and unquestionable; still this does not make him one; on the contrary, it renders it certain that he is not one. This is the plain letter, and the plain meaning and operation of the law, and the subject is one in regard to which the Department possesses no discretionary power whatever."
Mr. Buchanan, Sec. of State, to Mr. Muren, Aug. 20, 1816, 36 MS. Dom.
24, 1817, 36 MS. Dom. Let. 188.
Dom. Let. 281; to Mr. Hannegan, Sept. 20, 1819, MS. Inst. Prussia,
“With respect to the certificates of courts of justice in favor of persons who have declared their intention to become citizens, the case is in some degree - clifferent. They have taken the preliminary step toward naturalization, and seem to be entitled to some recognition of that step. While you cannot grant them passports as citizens, there is no impropriety in authenticating their certificates by the usual countersign. It will be for the European authorities to pay such respect to the document as they think proper. The passport itself is but a request to foreign governments to allow the bearer to enter and pass through their dominions, and urgent reasons of state warrant them in refusing to do so. No just'offense could be taken by the United States if the certificates in question should prove of little value to the holders. In all common cases, however, they would probably prove as valuable as passports; and as those who obtain them have disabled themselves from procuring passports from their own governments,
they seem to have some claim to all the aid in this way which we can with propriety give them."
Mr. Everett, Sec. of State, to Mr. Ingersoll, min. to England, Dec. 21, 1872,
MIS. Inst. Gr. Brit. XVI. 180.
“ Passports are not issued from this Department to any person not a native of the United States who shall not have complied with the naturalization laws. The diplomatic and consular agents abroad have no authority to countersign any certificate issued by any State or municipal authority to a person who may have merely declared his intention to become a citizen."
Mr. Maroy, Sec. of State, to Mr. Wolf, May 31, 1853, 41 MS. Dom. Let. 401.
Dom. Let. 199; Mr. llunter, Act. of State, to Mr. Keeler, Aug.
21, 1851, 1:3 MS. Dom. Let. 72. For it reference to a circular letter to diplomatic and consular officers,
given to the Germania Musical Society, of Boston, the members of which were said to have declared their intention to become citizens, and to whom it was suid passports could not be issued, see Mr. Marcy, Sec. of State, to Mr. Brandt, Jim. 2, 18.74, +2 MS. Dom. Let. 137.
"If he goes abroad with papers showing that he has declared his intention to become a citizen of the United States, and presents them to our ministers, they are required, if they think the documents genuine, to make an indorsement on them to that effect unless such ministers have reason to believe that such intention has been abandoned."
Mr. Marry, Sec. of State, to Mr. Buchanani, min. to England, Apr. 13,
1854, MS. Iust. Gr. Brit. XVI. 28.).
“The subject of passports, to which you refer in your No. 6, is one which of late has very much occupied the attention of this Department, and in regard to which our representatives are expected to exercise great vigilance to prevent the deception and abuses which are not un frequently practiced in regard to them. Instructions on the subject have been addressed to several of our legations, and it is contemplated to prepare a general circular which will, as far as possible, cover the whole ground.
** The impropriety of any of our legations granting a passport to a foreigner under any circumstances, even with the omission of the clause asserting citizenship, and merely asking for the bearer liberty to pass freely is obvious, for as this Department possesses the faculty of granting passports only to bona fide citizens of the United States, and as the passport is merely a certificate of citizenship, it follows, as a matter of course, that no representative of the United States can with propriety give a passport to an alien.
“ Further, if an alien or foreigner has become domiciled in the United States, or declared his intention to become an American citizen, he is not entitled to a passport declaring him to be a citizen of The United States. Both of these classes of persons, however, may be entitled to some recognition by this Government. The most that can he done for them by your legation is to certify to the genuineness of their papers when presented for attestation and when there can be no reasonable doubt as to their being authentic; and to this simple certificate that, to the best of the belief of the legation, the documents in question are genuine, the European authorities are at perfect lib. erty to pay such respect as they think proper.
" This Government cannot rightfully, and does not, claim of for. eign powers the same consideration for a declaration of intention to become a citizen as for a regular passport. The declaration, indeed, is prima facie evidence that the person who made it was at its date domiciled in the United States and entitled thereby, though not to all, to certain rights of a citizen, and to much more consideration when abroad than is due to one who has never been in our country; but the declarant not being a citizen under our laws, even while domiciled here, cannot enjoy all the rights of citizenship either here or abroad. He is entitled to our care, and in most circumstances we have a right to consider him as under our protection; and this Government is disposed and ready to grant him all the benefits he can or ought to receive in such situation. If such individual, however, afterwards leaves this country, goes to another, and there takes up his permanent abode, his connection with the United States is dissolved, and his intention to become a citizen must be considered to have been abancloned. Under the circumstances the previous declaration ceases to be available for any purposes whatever. But when a person with a fair intent has made his declaration and goes abroad for any purpose not incompatible with the objects of the declaration, and the legation has certified to the genuineness of his papers, the Government of the United States has done all that can be required or reasonably expected and can liave no just canse of complaint if other governments see fit to refuse to give the same effect to such papers as they usually give to regular passports in the hands of a citizen."
Mr. Marcy, Sec. of State, to Mr. Siebels, min. to Belgium, No. 6, May 27,
1851, MS. Inst. Belg. I. 82. A substantially identical instruction may be found in Mr. Marey, Sec, of
State, to Jr. tay, chargé d'affaires to Switzerland, No. 10, May 27,
1854, US. Inst. Switz. I. 11. See, also, Mr. Marcy. Sec. of State, to Mr. Clay, min. to Peru, No. 23, "As this Department grants passports only to bona fide citizens of the United States, and as a passport is nothing more than a certificate of citizenship, it follows, necessarily, that you can, with propriety, give a passport neither to an alien who may have become domiciled in the United States nor to a foreigner who has merely declared his intention to become an American citizen, although both of these classes of persons may be entitled to some recognition by this Government. The most that can be done by you is to certify to the genuineness of their papers when presented for your attestation, and when you have no reasonable doubts of their authenticity. The authorities of foreign states may pay such respect to these documents as they may think proper. The verification which should be placed upon the back of the certificate might be in these words:
Dec. 28, 1851, under Domicil, supra, Š 491. Similar language may also be found in Mr. Marcy to Mr. Buchanan, min.
to England, April 13, 1854, US. Inst. Gr. Br. XVI. 28.), an extract from which is given above; also in Mr. Maroy, Sec. of State, to Mr. Jackson, chargé d'affaires at Vienna, No. 17, Sept. 1+, 1851, MS. Inst. Austria, I. 100.
* • LEGATION OF THE UNITED STATES
• IT “ • I hereby certify that, according to the best of my knowledge and belief, the within document is genuine. SEAL OF THE
66.J. A. P.'" | LEGATION Mr. Marcy, Sec. of State, to Mr. Peden, Apr. 10, 1856, MS. Inst. Arg. Rep.
('lay, min. to Peru, No. 23, Dec. 28, 1854, MS. Inst. Peru, XT. 150.
of those sent in 1854 to Mr. Siebels and other ministers, and reverts substantially to the position taken by Mr. Everett in his instruction to Mr. Ingersoll, of Dec. 21, 1851, above quoted. The amplifications in the instructions of 1854 evidently were due to the influence of the
then recent Koszta case. “ The act of Congress (of Aug. 18, 1856] forbidding the issue of passports
except to citizens was passed very soon after the incident of Martin Koszta, and that case was presumably in contemplation of the lawmakers." (Mr. Hunter, Act. Sec. of State, to Mr. Rowean, Sept. 6, 1869, 82 MS. Dom. Let. 39.)
“ A copy of the regulations of the Department upon the subject of passports is herewith enclosed, from which you will perceive that they are furnished to citizens of the United States only. As Mr. Steinbach has only declared his intention to become a citizen, his case is not embraced by the rule. No other paper than a passport which can lawfully be issued is ever granted by this Department upon such an occasion.”
Mr. (ass, Sec. of State, to Mr. Stevenson, M. C., Dec. 5, 1860, 53 MS. Dom.
“ It appears that you are a person of foreign birth, who has declared his intention to become a citizen of the United States, but no evidence is furnished that you have yet been naturalized. It also appears that your age is sixty-four. The only persons of foreign birth not naturalized who are entitled to passports are those who, having declared their intention to become citizens, are liable to military duty. By reason of your age, you are excluded from this class. To entitle you to a passport it will be necessary for you to furnish this Department with proof that you have become a citizen of the United States. The evidence required is a certificate of citizenship, under the seal of the court in which you were naturalized.”
Mr. F. W. Seward, Act. Sec. of State, to Mr. Glassman, Nov. 4, 1863, 62
MS. Dom. Let. 207.
persons liable to military duty were exempted from the operation of
the United States." See Mr. Fish, Sec. of State, to Mr. Washburne, min. to France, No. 18),
Oct. 4, 1870, MS, Inst. France, XVIII. 428; Mr. Bayard, Sec. of State, to Mr. Coleman, chargé at Berlin, No. 334, July 10, 1888, For, Rel. 1888, I. 616; Mr. Bayard, Sec. of State, to Mr. Stein, Aug. 28, 1888, 169 MS. Dom. Let. 503.
“By law of Congress, passports can be granted to those only who are native-born citizens or who have completed their naturalization. This Government can not, therefore, extend its protection to those who are not recognized by its laws as citizens."
Mr. Seward, Sec. of State, to Mr. Walker, Aug. 24, 1868, 79 MS. Dom. Let.
• The acts of Mr. Sanford, and the correspondence with Mr. Mason, Mr. Buchanan, and Mr. Belmont, appear to be anterior to the act of 1856, which, with the act of 1866, establishes a positive rule for the guidance of public officers.
It is clearly the duty of the Secretary of State not to authorize passports to be 'granted, issued, or verified in foreign countries by diplomatic or consular officers of the United States to or for any other persons than citizens of the United States.' If this law apparently operates harshly upon persons who, by reason of their declaration of intention to become citizens of the United States, suppose themselves entitled to the protection of its representative abroad, it is for the law-making power to determine whether it is wise to change the policy which has so long been established. While the law remains as it is, I can see no official' protection which can be extended to persons who are not citizens of the United States. The granting of an official certificate of protection, by an officer of the Government who is authorized to issue such certificates, implies a committal of the Government in advance to enforc