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Mr. SLAYMAN. Now, referring back to my questions earlier about the legal effects and the legal status of a passport in American history, I have here a few more questions on this point.

What is the legal meaning of this statement in American passports:

I, the undersigned, Secretary of State of the United States of America, hereby request all whom it may concern to permit safely and freely to pass and in case of need give all lawful aid and protection to the above-named citizen of the United States. Given under my hand and seal of the Department of State. And signed "John Foster Dulles."

What is the legal effect of that?

Mr. NICHOLAS. This, in effect, is a request made to foreign governments to allow an American citizen safely and freely to pass and give him in need all lawful aid and protection. The passport is also in time of war and national emergency the exit and entry permit for American citizens, but primarily it's a document addressed to foreign governments vouching for the holder of the passport and requesting them to give him all lawful aid and protection.

Mr. SLAYMAN. But as to whether a person, an American citizen, has the right to enter a foreign country, isn't that right contained in the visas issued by that country?

Mr. NICHOLAS. The foreign government, of course, has the paramount right to refuse to permit any American to enter with or without a visa. În stringent wartimes nearly all countries require visas. At the present time an American citizen, because of the prestige we have and the prestige our passports enjoy, can travel in almost any place in Western Europe without a visa as a tourist. But the foreign government can, if they want, either bar the American citizen from entering or put him out after he enters just like we can bar an alien, admit him or deport him.

Mr. SLAYMAN. Now there are several stamps that are employed by the Passport Office which are stamped in the passports issued to American citizens. I'll ask you this question. What is the legal effect, and the legal meaning of this phrase which appears in several of these stamps?

"This passport is not valid for travel to" and a list of countries

named.

"This passport is not valid for travel to the following areas." "This passport is not valid for travel in" country named. "This passport is not valid for travel to or in" and country named. What is the legal effect of that phrase? What does it mean? Mr. NICHOLAS. Well, in effect, that says that this Government is not sponsoring the entry of the individual into those countries and does not give him permission to go in there under the protection of this Government.

Mr. SLAYMAN. Well has

Senator O'MAHONEY. Pardon me, Mr. Slayman. And such person you say does not go in under the protection of this Government? Mr. NICHOLAS. I mean in a general sense, yes, but in a broader sense,

no.

Senator O'MAHONEY. Well, I would like a "Yes" and "No" answer, Mr. Nicholas.

Mr. NICHOLAS. Anyway, no American citizen can ever be without the protection of the United States Government abroad as long as he is a citizen. Congress passed a law in

Senator O'MAHONEY. The unfortunate fact is that he is, and many of them are without the protection of the United States Government. Mr. CARTWRIGHT. I think the situation is that the American citizen cannot waive the responsibility of his Government to protect him. Senator O'MAHONEY. But the Government apparently waives the responsibility of the Government.

Mr. CARTWRIGHT. I doubt if it relieves itself of the responsibility. The practical question of implementing that responsibility may be difficult.

Senator O'MAHONEY. In order to make it clear what the issue is before this committee as I see it, I would like to make this statement, and if I am incorrect in this interpretation of the history of the passport law I wish that you or those with you would correct me.

It is my understanding-I haven't read all of the law and I am speaking from memory-but it is my understanding that before World War I many Americans traveled throughout the world without any passports. They never bothered to go to the State Department to get a passport, and the reason for a passport was largely for the identification of the traveler; isn't that correct?

Mr. CARTWRIGHT. I really couldn't say, Senator. That might be one of the reasons. I suggest also that it identifies him as a citizen of the

United States.

Senator O'MAHONEY. Yes. And it was also because in many instances travel among foreign countries abroad was not free because of international jealousies, because of the interwoven spy system that existed in Europe, for example, for centuries. So that eventually, after World War I, it became very important for people, for Americans, I mean, to be identified as American citizens. And so they came to the Department of State looking for this identification paper. Since that time the restrictions which have been imposed by the State Department in issuing passports have become constantly a little broader. They have been justified upon the ground that they were necessary to support and defend the foreign policy of the United States.

Now I'm concerned personally with the situation in which we find ourselves because ever since almost the beginning of this century we have been involved in world wars and necessarily we have granted very broad authority to the executive arm of the Government. Congress has passed laws that gave the President authority to spend huge sums of money in his own judgment. That was done, for example, with respect to atomic energy. I remember when it was done. Only a few members of the Appropriations Committee knew what the Manhattan project was intended to be. A few did know. Again, I remember very well when a $60 billion appropriation bill was passed on the floor of the Senate without a rollcall vote. That was toward the end of World War II.

But this international strife has been becoming so difficult that the executive arm of the Government is constantly being clothed with and assuming powers that it never exercised before, and for myself I feel that it is most important for us if we are going to lead the world to a state of freedom for individuals we had better begin at home and make sure that so far as we can give freedom to the individuals that we do it.

And that is why in these hearings I have been rather inclined to support the views of the various newspaper organizations and the representatives of the press and radio that they should not be restrained from sending their reporters abroad under rules and regulations which are developed within the Department.

Now it is no answer to say that a law says under rules and regulations. That is what we were doing with respect to the administrative bureaus before we discovered that there were such abuses that it seemed desirable to protect the rights of the individual by specifying the manner in which administrative rules should be laid down. Administrative law is wholly a modern development of this century.

And that is my speech.

Mr. CARTWRIGHT. Senator, if I might comment, the Department, I think, if I understand it, has the necessity for formulating procedures and regulations consistent with existing laws, and I might refer to section 215 of the Immigration and Nationality Act, which provides that when the United States is at war during the existence of a national emergency proclaimed by the President, et cetera

Senator O'MAHONEY. May I interrupt, Mr. Cartwright.

This may be off the record.

(Discussion off the record.)

Senator WATKINS. On the record. If there is no objection, this session will now recess at the call of the chairman, and probably at 2:30 this afternoon, when we expect that permission will have been granted by the Senate to proceed with the hearing.

(Whereupon, at 11:50 a. m., the committee recessed subject to the call of the Chair.)

(Subsequently, examples of the stamps used to limit the use of passports were received from the Passport Office for insertion in the record of the hearing.)

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