The latter class terminated when their purpose was accomplished, but the former contained no notice of their limitation. In that year, however, by a Department circular, a new passport was required each time a citizen left the country, to be renewed at least annually, the time limit of the passport up to 1873 being one year. By the circular of September 1, 1873, the duration of the passport was extended to two years from the date of issuance.1 The following reasons have been advanced to justify the short limitations: first, the fee is the only contribution made by many citizens abroad; secondly, the government is entitled to place its grant under such conditions as would preclude it from being made the instrument of imposition either upon itself or upon foreign governments; and thirdly, to secure at reasonable intervals evidence of the conservation of American citizenship by persons residing indefinitely abroad.2 Under the recent "war regulations," the duration of the passport is limited to six months, renewable, not by the Department, but by a diplomatic or principal consular officer, on the presentation of certain sworn evidence, for two periods of six months each.

Besides the regular passport issued to citizens, the issuance of other documents in the nature of passports has at times been authorized, largely to comply with requirements of local law abroad, or to cover the cases of such persons as could not comply entirely with the requirements for the issuance of a regular passport. Thus documents were issued to an unnaturalized American Indian abroad, certifying his status and name and adding that he is "a ward of the United States and is entitled to the protection of its consular and other officials," 3 and to free American negroes before the enactment of the Fourteenth Amendment, stating that they were "free persons of color born in the 1 The American passport, pp. 54, 75; Moore's Dig. III, 977 et seq.

2 Mr. Bayard, Sec'y of State, to Mr. Winchester, min. to Switzerland, March 28, 1887, For. Rel., 1887, p. 1060, and Mr. Hill, Asst. Sec'y of State, to Mr. Clarke, Nov. 4, 1898, For. Rel., 1899, p. 88, quoted in Moore's Dig. III, 981, 982.

On the question of fees for passports, which have varied from time to time but are now fixed at one dollar, see Moore's Dig. III, 918; The American passport, 72; Rule 2 of Rules governing the granting and issuing of passports, March 10, 1913, and Rule 3 of Rules of January 12, 1915.

Mr. Sherman, Sec'y of State, to Mr. Breckinridge, Amb. to Russia, April 3, 1897, printed in The American passport, 146 and in Moore's Dig. III, 879.

United States" and invoking for them all lawful aid and protection.1 These documents were not considered as passports. Certain documents known as letters of protection were issued until 1869, when, by a circular of Secretary of State Fish, their issuance was prohibited.2

Protection papers were formerly issued occasionally by consuls in order to certify to the citizenship of the bearer, and thus meet the requirements of local law. The Department of State has forbidden consuls to issue such papers. To citizens, the Department issues passports only and it has been said in various forms and on many occasions by our secretaries of State that the passport is the only attestation of American nationality which a United States legation is authorized to give.3 The purpose of local protection papers is now served by the consular certificate of registration. Mr. Seward, Secretary of State, stated that "what are technically known as protection papers are used in our international intercourse with uncivilized nations." 4

§ 217. To Whom Issued.

In theory, the passport as a certificate of citizenship and protection, can be issued to citizens alone, and with a few exceptions, this has been the policy of the United States. Before the Act of 1856, which confined the issuance of passports to citizens, a few such exceptions had been made, and again by the Act of March 3, 1863 (12 Stat. L. 731, 754), passports were authorized to be issued to aliens, who had made a declaration of intention, and who were, under specified conditions, liable to military duty; but this Act was repealed in 1866 (14 Stat. L. 54).5 The term "citizens" has not been extended to include citizens of the states, but is confined to citizens of the United States.

1 Mr. Clayton, Sec'y of State, to Mr. D. W. C. Clark, Aug. 8, 1849, Moore's Dig. III, 880. Forms of such documents are to be found in the American passport, 15 et seq.

2 Moore's Dig. III, 896.

See quotations from Mr. Seward, Mr. Bayard, Mr. Blaine and Mr. Foster in Moore's Dig. III, 857, 858.

4 Mr. Seward in an instruction to Mr. Asboth, min. to Argentine Republic, March 27, 1867, Moore's Dig. III, 857; see, however, the British practice which authorizes British consuls to issue protection papers for use with the local authorities, Notification of Foreign Office of August 22, 1898, 90 St. Pap. 1176.

The American passport, 44; Moore's Dig. III, 871.

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.1 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. 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.2

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.

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. ' 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.

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,