or San Francisco. It is deemed advisable for persons going to Bulgaria to have their passports visaed by the Consul-General of Bulgaria in New York City, or by a diplomatic or consular officer of Bulgaria in some foreign country.

"The Department is informed that persons entering British territory are required to bear passports, but that it is not necessary that they should be visaed.

"American citizens who expect to visit countries of Europe other than those named above should inquire of diplomatic or consular officers thereof concerning the necessity or advisability of having their passports visaed.

"The Department of State does not act as the intermediary in procuring visas. Application should be made by the holder of the passport directly to the diplomatic or consular officer. "

In a circular notice of November 17, 1914, American citizens were advised, "to avoid visiting unnecessarily countries which are at war, and particularly to avoid, if possible, passing through or from a belligerent country to a country which is at war therewith;" and that "American citizens who find it necessary to visit such countries should as a matter of precaution and in order to avoid detention, provide themselves with letters or other documents, in addition to their passports, showing definitely the objects of their visits." France, after April 1, 1915, required foreigners to exhibit certified copies of the applications upon which passports were issued to them, whereupon the Department made arrangements to place its seal upon a copy of the application returnable to the applicant. French consuls were authorized to issue passports to foreigners, not enemy subjects or persons possessing dual nationality, who desired to enter France.

As will have been noted, these requirements of foreign law differ from country to country and are not generally objected to if considered reasonable. The practice of Russian consuls in the United States to interrogate American citizens contemplating visits to Russia as to their race and religious faith and denying to certain classes of Jews the authentication of the passport, provoked the United States to remonstrate against what it conceived to be the invasion of its territorial jurisdiction and the infringement of the treaty rights of its

citizens. The protests continued through several administrations, culminating finally, during the administration of President Taft, in the abrogation of the Russian treaty of Dec. 18, 1832.1

The local legalization of documents is required, either on admission or during sojourn, for police supervision of foreign residents. While the United States has never objected to the provisions of local law abroad by which its consuls or diplomatic officers are required to verify the passport or endorse a suitable statement on it, they have objected to foreign officials sending the passport back to the Department of State for authentication of the citizenship of the bearer. The form in which the consular authentication is made, either on the passport itself or in the form of a separate certificate based on the passport, has also provoked some discussion with various countries whose local requirements were considered in excess of those with which our representatives abroad were authorized to comply. Discussions of this character took place with the Argentine Republic, with Uruguay, with China,4 and with Spain in Cuba.5 By diplomatic negotiation these requirements of local law, which are particularly stringent in countries like Turkey, Russia and China, have been attempted to be adjusted and reconciled with the practice and policy of the United States."

1

2

Quotations from President's messages and diplomatic notes in Moore's Dig. III, 996-997; Moore's Dig. II, 8-12. See House Joint Resolution 166, and Senate J. R. 60 and hearings thereon in 62nd Congress, 2nd session, when the treaty was abrogated, on the ground that Russia had violated article I; also H. Report 203, same session, and S. Doc. 161, Message transmitting notice of Sec'y of State to American Ambassador at St. Petersburg. (See also an address by Louis Marshall, Russia and the American passport, printed as Senate Doc. 839, 61st Cong., 3rd sess., 10 p.) See, however, article by Gaillard Hunt in Harper's Weekly, Jan. 6, 1912, p. 21, to the effect that Russia's attitude and practice toward American Jews were not in violation of the treaty.

France declined to abrogate a somewhat similar treaty with Russia of April 1, 1874, Foreign Minister Poincaré taking the ground that Russian public law was not abrogated or derogated from by the treaty. 40 Clunet (1913), 124-128.

2 Moore's Dig. III, 1007.

"The requirements of various countries and diplomatic notes in connection therewith are discussed in Moore's Dig. III, 1003 et seq.; 994 et seq. For the "passport regulations of foreign countries" see a publication issued under that title by the

It is admitted that for police purposes and as a condition for continued residence, a foreign country may satisfy itself as to the authenticity of the citizenship and peaceful nature of the business of a foreign resident. The provisions of the regulations of 1907 by which the consular certificate of registration may be issued locally and by which, in case of necessity, emergency passports may be issued, are intended to satisfy these requirements of local law and to bring about greater uniformity in the practice.

In order to summarize the requirements for the issue of a passport, and particularly the information and proof which the applicant must present, it has seemed desirable to print in full the rules of January 12, 1915, governing the granting and issuing of passports, and the circular instruction of December 21, 1914, to diplomatic and consular officers, concerning the new passport regulations, based, however, upon the passport rules issued November 13, 1914, rather than the latest rules of January 12, 1915.

§ 219. Latest Passport Rules.

1. AUTHORITY TO ISSUE.-Section 4075 of the Revised Statutes of the United States, as amended by the Act of Congress approved June 14, 1902, 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 by such chief or other executive officer of the insular possessions of the United States, and under such rules as the President shall designate and prescribe for and on behalf of the United States." The following rules are accordingly prescribed for the granting and issuing of passports in the United States.

2. BY WHOM ISSUED AND REFUSAL TO ISSUE.-No one but the Secretary of State may grant and issue passports in the United States (Revised Statutes, Sections 4075, 4078) and he is empowered to refuse them in his discretion.

Passports are not issued by American diplomatic and consular officers abroad, except in cases of emergency; and a citizen who is abroad and desires to procure a passport must apply therefor through the nearest diplomatic or consular officer to the Secretary of State.

Dept. of State in 1897. (House Doc. 335, 54th Cong., 2nd sess.) References to legislation in various countries and articles on the subject of passports and the requirements of local law, will be found in Clunet's Tables générales, 1904, IV, 394396; I, p. 814, Nos. 6979-7064, and p. 986, Nos. 9251-9270. New local regulations concerning passports and the right of sojourn are frequently printed in the section "Faits et Informations" in the current numbers of Clunet.

1 Circular of April 19, 1907, For. Rel., 1907, p. 6.

Applications for passports by persons in Porto Rico or the Philippines should be made to the Chief Executives of those Islands. The evidence required of such applicants is similar to that required of applicants in the United States.

3. FEE. By Act of Congress approved March 23, 1888, a fee of one dollar is required to be collected for every citizen's passport. That amount in currency or postal money order should accompany each application made by a citizen of the United States. Orders should be made payable to the Disbursing Clerk of the Department of State. Drafts or checks will not be accepted.

4. APPLICATIONS.—A person who is entitled to receive a passport, if within the United States, must submit a written application, in the form of an affidavit, to the Secretary of State. The application should be made by the person to whom the passport is to be issued and signed by him, as it is not proper for one person to apply for another.

The affidavit must be made before a clerk of a Federal or State Court within the jurisdiction of which the applicant or his witness resides, and the seal of the court must be affixed.

If the applicant signs by mark, two attesting witnesses to his signature are required. The applicant is required to state the date and place of his birth, his occupation, the place of his permanent residence, and within what length of time he will return to the United States with the purpose of residing and performing the duties of citizenship. He is also required to state the names of the foreign countries which he expects to visit, and the objects of his visits thereto. The latter statement should be brief and general in form, thus: "commercial business"; "to attend to the settlement of an estate"; "to bring wife and children to this country."

The applicant must take the oath of allegiance to the United States. The application must be accompanied by a description of the person applying, and should state the following particulars, viz: Age,- -; stature, inches (English measure); forehead,; eyes,

-; chin,

; hair,

-; complexion,

feet,

-; nose,

-; face,

-; special

mouth, identifying marks, if any (scars, birthmarks, etc.) The application must also be accompanied by duplicate photographs of the applicant, on thin paper, unmounted, and not larger in size than three by three inches. One must be attached to the back of the application by the clerk of court before whom it is made, with an impression of the seal of the court so placed as to cover part of the photograph but not the features, and the other sent loose, to be attached to the passport by the Department. Photographs on cardboard or postcards will not be accepted.

The application must be supported by an affidavit from at least one credible witness that the applicant is the person he represents himself to be, and that the facts stated in the application are true to the best of the witness' knowledge and belief. This affidavit must be made before the clerk of court before whom the application is executed and the witness must be an American citizen, who resides within the jurisdiction of the court. The applicant or his witness must be known to the clerk of court before whom the application is executed, or must be able to satisfy such officer as to his identity and the bona fides of the application.

1 An applicant who states that he is going abroad on commercial business should submit with his application a letter from the head of the concern which he represents.

5. NATIVE CITIZENS.-An application containing the information indicated by rule 4 will be sufficient evidence in the case of a native citizen; except that a person born in the United States in a place where births are recorded will be expected to submit a birth certificate with his application.

A person of the Chinese race, alleging birth in the United States, must obtain from the Commissioner of Immigration or Chinese Inspector in Charge at the port through which he proposes to leave the country a certificate upon his application, under the seal of such officer, showing that there has been granted to him by the latter a return certificate in accordance with rule 16 of the Chinese Regulations of the Department of Labor. For this purpose special blank forms of application for passports are provided.

Passports issued by the Department of State or its diplomatic or consular representatives are intended for identification and protection in foreign countries, and not to facilitate entry into the United States, immigration being under the supervision of the Department of Labor.

6. A PERSON BORN ABROAD WHOSE FATHER WAS A NATIVE CITIZEN OF THE UNITED STATES. In addition to the statements required by rule 4, his application must show that his father was born in the United States, resided therein, and was a citizen at the time of the applicant's birth. The Department may require that this affidavit be supported by that of one other citizen acquainted with the facts.

7. NATURALIZED CITIZENS.—In addition to the statements required by rule 4, a naturalized citizen must transmit his certificate of naturalization, or a duly certified copy of the court record thereof, with his application. It will be returned to him after inspection. He must state in his affidavit when and from what port he emigrated to this country, what ship he sailed on, where he has lived since his arrival in the United States, when and before what court he was naturalized, and that he is the identical person described in the certificate of naturalization. The signature to the application should conform in orthography to the applicant's name as written in his certificate of naturalization, or an explanation of the difference should be submitted.

8. WOMAN'S APPLICATION.—If she is unmarried, in addition to the statements required by rule 4, she should state that she has never been married. If she is the wife or widow of a native citizen of the United States the fact should be made to appear in her application, which should be made according to the form prescribed for a native citizen, whether she was born in this country or abroad. If she is the wife or widow of a naturalized citizen, in addition to the statements required by rule 4, she must transmit for inspection her husband's certificate of naturalization or a certified copy of the court record thereof, must state that she is the wife (or widow) of the person described therein, and must set forth the facts of his birth, emigration, naturalization, and residence, as required in the rules governing the application of a naturalized citizen. She should sign her own Christian name with the family name of her husband: (Thus, Mary Doe; not Mrs. John Doe.)

A married woman's citizenship follows that of her husband. It is essential, therefore, that a woman's marital relations be indicated in her application for a passport, and that in the case of a married woman her husband's citizenship be established. 9. THE CHILD OF A NATURALIZED CITIZEN CLAIMING CITIZENSHIP THROUGH THE NATURALIZATION OF THE PARENT.—In addition to the statements required by rule 4, the applicant must state that he or she is the son or daughter, as the case may be,