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

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.

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.

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,2 with Uruguay, with China,4 and with Spain in Cuba. 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."

5

1 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.

3 Ibid., 1009.

Ibid., 1010-1015.

5 Ibid., 859 et seq.

* 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.

1

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, 394– 396; 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.