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PASSPORT CASES 17. Judicial opinions in selected court cases involving denial of requests for American passports:

Page Index to cases-

400 1. Aiko Matsuo v. Dulles, 133 F. Supp. (1955)

584 2. Bauer v. Acheson. 106 F. Supp. 445 (1952)

510 3. Boudin v. Dulles, 136_F. Supp. 218; 235 F. 2d (1956).

512, 457 4. Briehl v. Dulles, 248 F. 2 1 561; 357 U. S. 116 (1958) 468, 409 5. Browder v. U. $. 312, U. S. 335.

401 6. Chin Chuck Ming v. Dulles, 225 F. 21 849 (1955).

562 7. Clark v. Dulles, 129 F. Supp. 950 (1955).

511 8. Correia v. Dulles, 133 F. Supp. 442 (1955)

588 9. Dayton v. Dulles, 146 F. Supp. 876; 237 F. 2d 43; 357 U. S. 144 (1958)

516, 464, 437 10. Dulles v. Quan Yoke Fong, 237 F. 2d 496 (1956)

569 11. Dulles v. Tam Suey Jin, 237 F. 2d 500 (1956). 12. Hitaka Suda v. Dulles, 224 F. 2d 908 (1955).

560 13. Jew May Lune v. Dulles, 226 F. 2d 796 (1955)

558 14. Kent v. Dulles, 248 F. 2d 600; 357 U. S. 116 (1958) 466, 409 15. Kraus v. Dulles, 235 F. 2d 840 (1956).

460 16. Lee Wing Get v. Dulles, 154 F. Supp. 577 (1957).

598 17. Louie Hoy Gay v. Dulles, 248 F. 2d 421 (1957)

577 18. Miller v. Sinjen, 289 F. 388 (1923)

602 19. Nathan v. Dulles, 129 F. Supp. 951; 225 F. 2d 29 (1955) --- 510, 449 20. Ng Kwock Gee v. Dulles, 221 F. 24 942 (1955)

556 21. Perkins v. Elg, 307 U. S. 325 (1939)

530 22. Robeson v. Dulles, 198 F. 2d 985 (1956)

456 23. Shachtman v. Dulles, 225 F. 2d 938 (1955).

451 24. Soo Hoo Doo Wing v. Dulles, 147 F. Supp. 862 (1956).

591 25. Stewart v. Dulles, 248 F. 2d 602 (1957).

498 26. Urtetiqui v. D’Arbel, 9 Peters 692 (1835)

521 27. Wong Dick Wing v. Dulles, 140 F. Supp. 261 (1956)

590 28. Wong Yoke Sing v. Dulles, 151 F. Supp. 459 (1957)

593 29. Worthy v. Dulles, Civil No. 916-58, D. C. C., October 2, 1958. 520 30. Yip Mie Jork v. Dulles, 237 F. 2d 383 (1956)

574 31. Yung Jin Teung et al. v. Dulles, 229 F. 2d 244 (1956)

566 Index..

607

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THE RIGHT TO TRAVEL

THURSDAY, APRIL 4, 1957

UNITED STATES SENATE,
SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D. C. The subcommittee met, pursuant to call, at 10:10 a. m., in room 357, Senate Office Building, Senator Arthur V. Watkins (acting chairman) presiding.

Present: Senators O'Mahoney and Hruska.

Also present: Charles H. Slayman, Jr., chief counsel, and James N. Caldwell, Jr., assistant counsel.

Senator WATKINS. The committee will be in session.

Senator Hennings, the chairman of this subcommittee, has been delayed by reason of duties in another committee and he has requested me to act as chairman until he arrives. So we will proceed now with the examination of witnesses.

Now the first witness to be called is Mr. Robert Cartwright, Acting Director, Bureau of Security and Consular Affairs, Department of

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State.

Will you come forward, please.

Mr. ČARTWRIGHT. Mr. Chairman, may I have other members of the Department here at the table with me?

Senator WATKINS. You may if you wish to do so.
You may go ahead with your statement if you have one to make.

Mr. CARTWRIGHT. I have an introductory statement, Mr. Chairman. I do not have copies available for the committee at this point but we may have before we get along very far.

I have with me from the Department at the table Mr. John W. Sipes, counsel to the Board of Passport Appeals, Mr. Willis Young, Deputy Director, Passport Office, and Mr. Ashley J. Nicholas, Chief of the Legal Division of the Passport Office.

(There follows an exchange of correspondence between Senator Thomas C. Hennings, chairman of the Subcommittee on Constitutional Rights, and the Secretary of State regarding the Secretary's appearance as a witness before the subcommittee.) JUDICIARY SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS,

UNITED STATES SENATE,

Washington, D. C., March 22, 1957. Hon. John FOSTER DULLES, Secretary of State,

Washington, D. C. DEAR MR. SECRETARY: William Worthy will be appearing as a witness at a public hearing before the Senate Judiciary Subcommittee on Constitutional Rights, at 10 a. m., on Friday, March 29, 1957, in the Senate Office Building, in a hearing room to be announced a little later. He has been asked to testify concerning the difficulties he experienced as a result of State Department policies in connection with the use of his American passport to visit mainland China. It is understood that his application for a passport renewal has, to this date, not been approved.

In order for the Constitutional Rights Subcommittee to be fully informed on current State Department passport issuance policies, procedures, regulations and practices, you are hereby cordially invited to appear either on the same date as Mr. Worthy is appearing before our subcommittee, or as soon as practicable thereafter, together with appropriate administrative officials charged with responsibilities of executing the passport program.

Please advise me if the above date is satisfactory for you, or if you would prefer to come the following Tuesday, April 2, 1957.

If you are not able to appear in person on March 29, April 2, or very soon thereafter, it is requested that you send a State Department official on April 2 fully authorized to discuss the policy issues involved, as well as the lower echelon officials who administer the program and who would be prepared to discuss the technical aspects of the program. Sineerely yours,

THOMAS C. HENNINGS, Jr., Chairman.

DEPARTMENT OF STATE,

Washington, March 29, 1957. Hon. THOMAS C. HENNINGS,

Chairman, Subcommittee on Constitutional Rights of the Committee on the

Judiciary, United States Senate. DEAR SENATOR HENNINGS: I have your letter of March 22, 1957, to the Secretary of State in which you advised that Mr. William Worthy would appear as a witness at a public hearing before the Senate Judiciary Subcommittee on Constitutional Rights on this date.

Subsequent to receipt of your letter, representatives of the Department have been in touch with Mr. Charles H. Slayman, chief counsel and staff director of the subcommittee, concerning a date on which the Department's witness could appear. It was mutually agreed during these conversations that, instead of April 2, the Department's witness would appear on April 4. It is understood that the latter date is convenient for you.

In accordance with your request, I wish to inform you that the Department will make available as a witness Mr. Robert Cartwright, who on that date will be Acting Director of the Bureau of Security and Consular Affairs, under which Bureau comes the Passport Office. Mr. Cartwright will be accompanied by such technical advisers as should enable him to answer the subcommittee's questions concerning the Department's policies and procedures on the issuance of passports. Sincerely yours,

ROBERT C. HILL, Assistant Secretary.

STATEMENT OF ROBERT F. CARTWRIGHT, ACTING DIRECTOR,

BUREAU OF SECURITY AND CONSULAR AFFAIRS, ACCOMPANIED BY WILLIS YOUNG, DEPUTY DIRECTOR, PASSPORT OFFICE; ASHLEY J. NICHOLAS, CHIEF, LEGAL DIVISION, PASSPORT OFFICE; AND JOHN W. SIPES, COUNSEL, BOARD OF PASSPORT APPEALS, DEPARTMENT OF STATE

Mr. CARTWRIGHT. In conversation with the counsel of the committee the other day I came to understand that the committee was interested in the question of the authority of the Secretary of State in connection with the issuance and denial of passports. In that connection I would like to advert to part of the statement presented to the Senate Foreign Relations Committee on April 2 by Deputy Under Secretary Robert Murphy of the Department of State. I have additional copies of his statement in full, but parts of it only I think are pertinent to the particular point which I understand is of interest to the committee today. With your permission, I would like to read those portions of his statement.

Senator WATKINS. You may do so.
Mr. CARTWRIGHT. I quote from Mr. Murphy's statement.

There is an accumulation of tradition as to exactly what a passport is and what rights citizens bearing passports have. The basic passport law dates back to 1856, although passports have been issued by the Secretary of State since the founding of the country. In fact, Congress enacted legislation in 1803 and in 1815 which specifically took cognizance of the fact that the Secretary issued passports under his general authority to conduct foreign relations.

In 1856 the Congress also recognized that the President was responsible for the protection of American citizens abroad. This responsibility was later specifically assigned to the President by an act of Congress on July 27, 1868, by which the President was authorized to take measures "not amounting to acts of war” to insure the release of any American citizen unjustly deprived of his liberty by or under the authority of any foreign government.

Although the Congress recognizes the President's obligation to protect American citizens abroad and secure their release when unjustly held by foreign governments, Congress has traditionally recognized the Secretary of State's authority to issue passports. This was most recently reflected by act of Congress of July 3, 1926. The act states that the Secretary or his designated representative may grant or issue passports under such rules as the President may designate or prescribe for and on behalf of the United States.

The Secretary of State historically has decided which citizens should receive passports and for what countries their passports should be validated. Under section 51.135 of the Department of State Regulations as amended January 10, 1956, passports are denied to members of the Communist Party and to certain other citizens who support the Communist movement.

In addition, section 51.136 proscribes the issuance of passports to certain other individuals. This regulation states: “In order to promote and safeguard the interest of the United States, passport facilities, except for direct and immediate return to the United States, will be refused to a person when it appears to the satisfaction of the Secretary of State that the person's activity abroad would (1) violate the laws of the United States; (2) be prejudicial to the orderly conduct of foreign relations; or (3) otherwise be prejudicial to the interests of the United States."

Senator WATKINS. Is that one of the regulations of the Department?
Mr. CARTWRIGHT. Yes, sir.
Senator WATKINS. How long has that been in force?
Mr. CARTWRIGHT. Since January 10, 1956.

Senator WATKINS. And prior to that time was there a regulation covering the issuance of passports?

Mr. CARTWRIGHT. Yes, there was, Mr. Chairman.
Senator WATKINS. Do you have those regulations!

Mr. CARTWRIGHT. I have the amended regulations here and the prior regulations.

Senator WATKINS. Now, understand, when I ask you about the time this regulation was in effect, I want to go back to the time when it was first issued.

Mr. CARTWRIGHT. The original issuance? August of 1952.

Senator WATKINS. And prior to 1952, did the Department have a regulation similar to this one ?

Mr. CARTWRIGHT. Mr. Nicholas advises me that refusals were based on the authority of the President in relation to his Executive order in this connection in 1938.

Senator WATKINS. Going back to 1938?
Mr. CARTWRIGHT. Yes.

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