At one time early in our history passports were issued to persons who had merely declared their intention of becoming citizens. They were described not as citizens, but as residents who had declared their intention. This is distinctly an exception to the general rule, for leaving aside the extraordinary period between 1863 and 1866, it had been the invariable practice, up to the Act of March 2, 1907, to refuse passports to persons who had simply declared their intention to become citizens of the United States. While various secretaries of State have considered these persons entitled to some recognition and in exceptional cases to a limited protection, it was not until the Act of March 2, 1907 (34 Stat. L. 1228), that the privileges of a passport were under certain limitations extended to them. By that Act the Secretary of State was authorized in his discretion to issue passports to persons not citizens of the United States, as follows:

"Where any person has made a declaration of intention to become such a citizen as provided by law and has resided in the United States for three years, a passport may be issued to him entitling him to the protection of the Government in any foreign country: Provided, that such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Government in the country of which he was a citizen prior to making such declaration of intention."

The passport was intended to furnish limited protection for a brief period to those persons, inchoate citizens, who by their declaration of intention had lost all, or some of their rights to the protection of the government to which originally they owned allegiance.

Under the Rules governing these passports, issued by Secretary of State Bryan on November 14, 1913, it is provided that such passports will be issued only when it is affirmatively shown to the Secretary of State that some special and imperative exigency requires the temporary absence of the applicant from the United States, and that

1 Moore's Dig. III, 890; The American passport, 12, 44; Wharton's Dig. II, § 192. The Act of March 3, 1863, by which aliens who had made a declaration of intention and who were under certain conditions liable to military duty were permitted to obtain passports need not be considered an exception to the general rule, if Mr. Seward's theory is correct that by that Act these persons became naturalized citizens. Mr. Seward, Sec'y of State, to Mr. Dayton, July 20, 1863, Dipl. Cor., 1863, I, 684, quoted in Moore's Dig. III, 871-872.

without such absence the applicant would be subjected to special hardship or injury. Nor will such passports be issued to those who have made the declaration of intention and who have failed, through their own neglect, to complete their intention and secure naturalization as citizens of the United States; nor to those who may make the declaration of intention in order to secure passports and leave the United States. At least six months must have elapsed since the applicant's declaration of intention and not more than one passport will be issued to any applicant. Other specific provisions governing the issuance of this so-called "declarant's passport" are set forth in the Rules issued November 14, 1913. During the present European War, the Department of State has declined to issue declarant's passports to the subjects of the belligerent countries.

In cases of dual allegiance, it has been held that a passport should not be granted by one of the governments to which allegiance is due in order that the applicant may, while continuing to reside within the jurisdiction of the other, be exempt from its claims.1 During the continuance of the present European War, it has been the policy of the Department not to issue passports to naturalized citizens, natives of the countries at war, except in cases of urgent necessity, the object being to avoid diplomatic controversies and difficulties engendered by conflicting claims to the citizen's allegiance, and possible drafts into military service.

The status of Cubans, Porto Ricans, and natives of the Philippines necessitated a deviation in practice and ultimately, by the Act of June 14, 1902, with reference to Porto Rico and the Philippines, a change in the law as to the issuance of passports. From the period of the treaty of peace with Spain until the independence of Cuba the United States felt called upon to extend its protection to natives of Cuba by the use of good offices and the grant of appropriate certificates. An official protection, however, was granted to Porto Ricans and to Filipinos who took the oath of allegiance to the United States.

1 Mr. Blaine, Sec'y of State, to Mr. Phelps, min. to Germany, Dec. 14, 1889, citing opinions of Attorneys General Hoar (1869), 13 Op. Atty. Gen. 89, and Pierrepont (1875), 15 Op. Atty. Gen. 15. Quoted in Moore's Dig. III, 885.

2 For the practice of endorsing certificates of matriculation of Cubans and Porto Ricans by the legations of the United States, see For. Rel., 1900, pp. 894-895, and

The Act of June 14, 1902 (32 Stat. L. 386), changed the test of title to a passport from "citizens" to "those owing allegiance." That Act provides: "No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States." This was an amendment of § 4076 of the Revised Statutes.

We have already adverted to the form of document issued to an unnaturalized American Indian and to a free negro before the enactment of the Fourteenth Amendment. In the case of naturalized citizens, full naturalization is necessary and not merely compliance with the conditions which might have obtained naturalization. Thus, the passport will not be issued to persons who have been merely soldiers in the United States Army, nor to those who have served five years in the Navy followed by honorable discharge under the Act of July 26, 1894 (28 Stat. L. 124).2

When issued to a man the passport includes his wife and minor children, servant or any of them, provided the allegiance of the servant is to the United States. Issued to a woman, it includes her minor children and servant as above mentioned. A servant does not include a governess, tutor, pupil, companion, or person holding like relations to the applicant for the passport.3 Women may obtain passports on their own account, as may minors who are citizens of the United States, but they will not be issued to children of naturalized citizens born abroad who have never been in the United States and whose fathers are, or were, permanently residing abroad.5 They have, howfor the method of issuing documents in the nature of passports as "citizens of Porto Rico or Philippines," etc., and as such "entitled to the protection of the United States," see Moore's Dig. III, 876-877. Citizens of Hawaii were by the Act of April 30, 1900 (31 Stat. L. 141), declared to be citizens of the United States.

4

1 Mr. Bayard, Sec'y of State, to Mr. Endicott, Feb. 23, 1887, quoted in Moore's Dig. III, 873.

2 Mr. Hay, Sec'y of State, to Mr. White, amb. to Germany, Jan. 27, 1899, For. Rel., 1899, p. 296, passport of Oscar von Wolff; reprinted in Moore's Dig. III, 874. 3 Rules governing the granting and issuing of passports, March 10, 1913, Rule 11; Rules of January 12, 1915, Rule 12. During the present European War, the practice has been adopted of stating specifically the names of all those covered by the passport, and in the case of Germany, individual passports are issued.

4 Citations in Moore's Dig. III, 882-883; Rule 8 of Rules of January 12, 1915. 5 Mr. Bayard, Sec'y of State, to Mr. Vignaud, chargé at Paris, June 13, 1888,

ever, been issued to widows with minor children, similarly residing abroad, for the purpose of preserving the right of such minor children to elect American citizenship on coming of age.1 Children born abroad are in fact given every opportunity to perserve their American citizenship, even under circumstances where the parents, by long residence abroad, would be considered as not entitled to American protection.

§ 218. Requirements of Foreign Governments.

Most governments do not require aliens to produce a passport either on admission, or as a condition of residence, or on leaving. However, the right of foreign governments on such occasions to require passports, as in the case of Russia, Turkey, and other countries, cannot be disputed, although the exaction of heavy charges for visés by local authorities may be the subject of international complaint.2 Unequal and discriminating charges against citizens of certain countries will similarly evoke a diplomatic protest.3

3

The request conveyed by the passport is expected to receive recognition by foreign governments and their officials, subject of course to their local laws. Where conditions for the recognition of its validity are imposed, they usually take the form of a diplomatic or consular visé, an endorsement on the passport denoting that it has been examined and is authentic and that the bearer may be permitted to proceed on his journey. "Sometimes it is required that the visé be affixed in the country where the passport is issued, by a diplomatic or consular officer of the government requiring it; sometimes simply by such officer anywhere; sometimes at the frontier of the country to which admission is sought. It may even be required from a dip

For. Rel., 1888, I, 542, quoted in Moore's Dig. III, 884. The only qualification of the rule, provided the father was a citizen at birth of the child, operates to enable the child to obtain a passport, at majority, to enable him to return to the U. S. to take up the duties of citizenship.

1 Mr. Blaine, Sec'y of State, to Mr. Phelps, min. to Germany, Nov. 11, 1891, For. Rel., 1891, 521.

2 Mr. Sherman, Sec'y of State, to Mr. Powell, min. to Haiti, Oct. 23, 1897, For. Rel., 1897, p. 343, and other citations in Moore's Dig. III, 861; Mr. Frelinghuysen, Sec'y of State, to Mr. Foster, min. to Spain, March 12, 1884, Moore's Dig. III, 999.

3 Mr. Bayard, Sec'y of State, to Mr. Muruaga, Spanish min., May 19, 1886, and other citations in Moore's Dig. III, 999.

lomatic or consular officer of the government which issued the passport." 1

Owing to the stringent supervision of aliens necessitated by the state of war existing in Europe, many of the European countries, particularly Germany, increased to a considerable degree the requirements for the visé of foreign passports. For informative purposes, the Department of State issued a circular on February 8, 1915, concerning the latest requirements of various European countries in this respect:

"The Department understands that it is necessary to have passports visaed for entry into the following countries, by diplomatic or consular officers thereof: Russia, Turkey, Italy, Germany, Roumania, and Servia. "Passports of American citizens going to Russia should be visaed by a Russian consular officer, preferably in the United States, at San Francisco, Chicago, or New York City. One who desires to have the visa of his passport for Russia cover a period longer than three months should make a special request to that effect.

"Passports to be used in Turkey should be visaed by a Turkish consular officer, either in the United States, at San Francisco, Chicago, Boston, or New York City, or at a Turkish consulate abroad.

"Passports to be used in Italy should be visaed by an Italian consular officer, preferably in the United States.

"Passports to be used in Germany should be visaed by a German diplomatic or consular officer, preferably in the United States.

"Passports to be used in Servia should be visaed by the Servian Consul-General in New York City, or by a diplomatic or consular officer of Servia in some foreign country.

"Passports to be used in Roumania should be visaed by a Roumanian diplomatic or consular officer in some foreign country, there being no diplomatic or consular officers of Roumania in the United States.

"The Department understands that it is advisable to have passports visaed by consular officers of the following countries, for use therein: Austria-Hungary, Denmark and France; and that it is advisable to have them visaed for use in Spain by the Spanish Ambassador in Washington or a Spanish consul in New York City, New Orleans,

1 The American passport, 5; Moore's Dig. III, 994.