"This Government has no disposition to deny any loyal citizen traveling or sojourning abroad in lawful pursuit of his business or pleasure the protection of a passport; nor does it desire to place upon him any requirements of application for a passport repugnant to his conscience or the free exercise of his religious belief. But it is manifestly proper that before issuing a passport the government should exact from the person who applies for it a promise that he will on his part support and defend the government whose protection he solicits. 66 The oath of allegiance is, therefore, required from all persons before they are granted passports, and to this regulation the Department adheres; nor will it accept an oath which contains any alteration or addition tending to invalidate it. The words added by Mr. D amount to a protest against the Constitution of the United States, and it is understood that such is the intention of their meaning. The Department cannot accept this oath, and so far declines to recede from the position set forth in the letter of September 30. "It is not doubted, however, that Mr. D is a citizen of the United States, and the antecedents of the sect to which he belongs have tended to demonstrate the loyalty of its members to the Government of the United States. In order, therefore, that no hardships may be visited upon any loyal citizens because they follow the dictates of conscience, the Department is willing to reconsider so much of the letter of September 30 as refuses to accept any modification of the form of the oath as now prescribed, and Mr. Dmay submit another application, containing the oath of allegiance in the form now used, except that the word 'Government' may be inserted for the word Constitution,' and the statement added that I acknowledge allegiance to no other government,' so that the oath shall read: "Further, I do solemnly swear that I will support and defend the Government of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I owe allegiance to no other government, and that I take this obligation freely, without any mental reservation or purpose of evasion. So help me God."" Mr. Day, Assist. Sec. of State, to Mr. Morrison, October 7, 1897, 221 MS. The usual oath reads: "Further, I do solemnly swear that I will support 7. NAME OF APPLICANT. § 509. "This Department cannot issue a passport containing a name different from that set out in the naturalization certificate upon which the application is based. "It is suggested that the proper procedure would be to apply to the court for a correction of the certificate of naturalization." Mr. Gresham, Sec. of State, to Mr. Raine, June 4, 1894, 197 MS. Dom. A similar ruling of the Department of State of Aug. 20, 1872, is given in A person naturalized as Juda Osiel asked for a passport as Leon Osiel, saying that he had changed his name since his naturalization. The Department said that if he would produce proper affidavits as to the change of his name and establishing the identity of Juda Osiel with Leon Osiel, the Department would issue a passport to "Juda Osiel, commonly known as Leon Osiel," but it could not omit the name by which he was naturalized. 66 Mr. Wharton, Act. Sec. of State, to Mr. Osiel, July 8, 1889, 173 MS. Dom. The Department has received your letter of October 5, stating that you came to this country when nine years of age, that your father was naturalized as an American citizen, and that he had changed his name from Redicker to Ritter. The Department will issue a passport in your favor upon receiving a satisfactory application accompanied by the proof of your citizenship as indicated by the enclosed form and rules. It will be necessary, however, that you should also submit competent proof that your father legally effected a change of his name. This proof should be a duly certified copy of the legal record of the change. If such a record cannot be produced, after that fact shall have been established, the Department will consider secondary evidence coming from credible witnesses having personal knowledge of the facts as set forth by you." Mr. Day, Assist. Sec. of State, to Mr. Ritter, October 6, 1897, 221 MS. See a similar ruling of April 10, 1892, in Hunt's Am. Passport, 154. 8. TITLES, PERSONAL OR OFFICIAL. § 510. Neither official nor professional titles, nor statements of the holder's business or occupation, are inserted in the passport granted by the Government of the United States. Rules Governing the Granting and Issuing of Passports in the United As the naturalization laws require renunciation of any title or order of nobility, a passport will not be issued to a naturalized citizen under such a title or designation, nor will a passport be issued on an application containing it. Mr. Hay, Sec. of State, to Mr. Porter, amb. to France, No. 745, March 15, 1900, MS. Inst. France, XXIV. 273, in relation to the case of Baron Seillière, supra, § 491; infra, § 513. 9. FEES. § 511. 66 Passports are granted by the Department gratis.” Mr. Dickins, Act. Sec. of State, to Mr. Ashley, Oct. 20, 1836, 28 MS. Dom. 66 The postage on letters to the Department relative to passports should be prepaid, and that accruing on the transmission of passports must also be defrayed by the individuals for whom they are intended." (Mr. Trist, Act. Sec. of State, to Mr. Gifford, Oct. 1, 1845, 35 MS. Dom. Let. 280.) The act of Aug. 18, 1856, while providing, in accordance with the previous See Mr. Evarts, Sec. of State, to Mr. Christiancy, No. 92, July 22, 1880, By the internal revenue act of July 1, 1862, 12 Stat. 472, a charge of three dollars was prescribed for every passport issued in the United States or abroad. In giving notice of this enactment, Mr. Seward stated that so much of the Personal Instructions to Ministers as directed the issuance of passports by them "free of charge," and so much of the Consular Regulations as authorized a fee of a dollar for a passport issued by a consul general or consul, was annulled. Mr. Seward, Sec. of State, to U. S. min. and consuls, circular, No. 15. "The consular fee for issuing a passport is one dollar, payable in coin, and by act of Congress of June 30, 1864, an additional sum of $5.00 is imposed as an internal revenue' fee, which, in the opinion. of this Department, is payable in the currency of the United States in coterminous British provinces." Mr. Seward, Sec. of State, to Mr. Fessenden, Sec. of Treas., Jan. 18, 1865, 67 MS. Dom. Let. 575. By sec. 3 of the act of July 14, 1870, 16 Stat. 256, the tax of $5.00 on each passport was abolished on and after Oct. 1, 1870; but consuls continued "to collect the fee of one dollar for viséing a passport." Mr. J. C. B. Davis, Act. Sec. of State, to U. S. mins. & consuls, circular, "In pursuance of the authority conferred upon me by the 16th section of the act entitled 'An act to regulate the. diplomatic and consular systems of the United States,' approved August 18, 1856, I do hereby prescribe, in addition to the fees heretofore prescribed, that the sum of five dollars shall be charged for the granting or issuing of each passport granted or issued in any foreign country, by any diplomatic or consular officer of the United States." Président Grant, Executive order, Oct. 13, 1871, MS. Circulars, I. 448. "By act of Congress, approved June 20, 1874, a fee of $5.00 is required to be collected for every citizen's passport. A passport is good for two years from its date and no longer. A new one may be obtained by paying the fee of five dollars," etc. . Instructions in regard to passsports, Department of State, May 1, 1886, Wharton's Int. Law Dig. II. 470. As to this citation see comment supra, § 503. By the act of Congress of March 23, 1888, a fee of one dollar is exacted for every citizen's passport. 25 Stat. 45. Under Executive order, the same fee is charged abroad. The number of "travelling passports" called for "by Americans in Japan in 1891-1892 was 1,645; and the expense of messenger and postal service involved was $97.39. To meet these outlays you suggest the imposition of fees. In reply to your inquiry, I have to refer you to the provisions of sec. 1745 of the Revised Statutes of the United States, by which you will see that an imposition of fees, such as you suggest, would require the special authorization of the President. It does not appear to me that such interposition is at present necessary." Mr. Foster, Sec. of State, Mr. Coombs, No. 22, Aug. 17, 1892, MS. Inst. V. GROUNDS OF REFUSAL. 1. DISCRETION AS TO ISSUANCE. § 512. Passports "may be refused even to citizens of the United States, who have so far expatriated themselves as to have become bound in allegiance to other nations, or who in any other manner have forfeited the protection of their own." Mr. Adams, Sec. of State, to Mr. Nelson, min. to Spain, No. 2, April 28, 1823, MS. Inst. U. States ministers, IX. 175. Insurrectionary assemblages avow the fact that they are sending agents to Europe on errands hostile and injurious to the peace of the country and dangerous to the Union. Such agents ought not to be allowed to pervert the authority of the Government so as to sanction their proceedings. You are therefore strictly enjoined to grant no passport whatever to any person of whose loyalty to the Union you have not the most complete and satisfactory evidence. You will further immediately make report to this Department in every instance of the passport granted, and the evidences on which the grant is made." Mr. Seward, Sec. of State, circular, May 6, 1861, MS. Circulars, I. 179. "I am of the opinion that any citizen of the United States has a right to be furnished with such evidence of citizenship, and of his right to the protection of his Government, as has been adopted for that purpose, upon complying with the usual regulations, and that the necessity there for is a matter for the judgment of the party himself. A passport duly issued is the usual evidence of citizenship in a foreign land. "It would therefore seem that the desire of a naturalized citizen to be supplied with the usual evidence of his nationality, in case he be called upon for military service, is natural and entirely allowable." Mr. Fish, Sec. of State, to Mr. Davis, Jan. 14, 1875, MS. Inst. Germ. XVI. 6. "The issuing of passports is at the discretion of the Secretary (Rev. Stat., § 4075), and they will not be granted to persons engaged in violation of the laws of the United States." Mr. Bayard, Sec. of State, general instructions in regard to passports. May 1, 1886, Wharton's Int. Law Dig. II. 469, 471. As to this citation, see comment supra, § 503. "Determination of the fact of citizenship is not an executive function. What is reserved to the executive is the use of its proper discretion as to the protection of a person abroad when the facts prima facie establish his citizenship by origin or naturalization, and the issuance of a passport is part of the exercise of that discretion." Mr. Sherman, Sec. of State, to Mr. Storer, min. to Belgium, Nov. 8, 1897, "The Secretary of State has the right in his discretion to refuse to issue a passport, and will exercise this right towards anyone who he has reason to believe desires a passport to further an unlawful or improper purpose." Rules Governing the Granting and Issuing of Passports in the United See, to the same effect, Mr. Hill, Assist. Sec. of State, to Mr. Clarke, Nov. 4, 1898, For. Rel. 1899, 88. |