persons than those owing allegiance, whether citizens or not, to the United States." 66 Act of June 14, 1902, 32 Stat., part 1, p. 386. "2. To whom issued.-The law forbids the granting of a passport to any person who is not a citizen of the United States, or who is not a loyal resident of an insular possession of the United States." "9. A resident of an insular possession of the United States who owes allegiance to the United States. In addition to the statements required by rule 3 [prescribing the contents of applications for passports], he must state that he owes allegiance to the United States and that he does not acknowledge allegiance to any other government; and must submit affidavits from at least two credible witnesses having good means of knowledge in substantiation of his statements of birth, residence, and loyalty." Rules Governing the Granting and Issuing of Passports in the United 3. INDIANS. $497. "I have to acknowledge the receipt of your No. 506, of the 11th ultimo, reporting the application of Humper Nespar, or Wadded Moccasin, a Sioux Indian, for a passport. "In reply I have to say that Indians are not citizens of the United States by reason of birth within its limits. Neither are our general naturalization laws applicable to them, but various Indian tribes have been naturalized by special acts of Congress. Section 6 of the act of February 8, 1887 (24 Stat. 388), provides that every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up within said limits his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States. "Section 43 of the act of May 2, 1890 (26 Stat. 99), provides that any member of any Indian tribe or nation residing in the Indian Territory may apply to the United States court therein to become a citizen of the United States, and such court shall have jurisdiction thereof and shall hear and determine such application, as provided in the statutes of the United States.' "Unless Humper Nespar was naturalized in one of the above modes, he is not entitled to a passport as a citizen of the United States. "A copy of your despatch will be sent to the Interior Department and an effort made to determine definitely what his status is, as some Sioux tribes have been naturalized by special acts. Even if he has not acquired citizenship, he is a ward of the Government and entitled to the consideration and assistance of our diplomatic and consular officers. Your action in the case is therefore approved. "In this connection reference to the case of Hampa,' reported in despatch No. 453, of May 7, 1896, from the consul at Odessa, is pertinent. Hampa, an American Indian, a member of a cowboy company which performed at Odessa, was discharged on account of drunkenThe consul aided him, and upon the police requiring of Hampa a passport or document from the consulate, certifying to his identity, the consul issued the following: ness. "To whom it may concern: "The bearer of this document is a North American Indian, whose name is Hampa. This Indian is a ward of the United States and is entitled to the protection of its consular and other officials. He is not, however, entitled to a passport, as he is not a citizen of the United States. This consulate has the honor to request the Russian authorities to grant Hampa all necessary protection during his stay in Russia and grant him permission to depart when he requires it. Consul. "As the document expressly stated that Hampa was not a citizen of the United States and not entitled to a passport, its issuance could not be regarded as a violation of R. S. 4078. That section prohibits the granting by consular officers of passports to or for any person not a citizen of the United States. The same section also provides that no person not lawfully authorized so to do shall issue any passport or other instrument in the nature of a passport to or for any citizen of the United States, or to or for any person claiming to be or designated as such in such passport. "The Department, at least tacitly, approved the consul's action in this case, and sees no valid objection to your issuing a similar document to Humper Nespar in the event of his failure to show that he is actually a citizen." Mr. Sherman, Sec. of State, to Mr. Breckinridge, amb. to Russia, No. 391, This instruction is also printed in Hunt's Am. Passport, 146. 4. PERSONS OF COLOR. $498. Since, by virtue of the Fourteenth Amendment and the naturalization laws, persons of African descent, if born or naturalized in the United States, are citizens thereof, no question as to their right to receive passports any longer exist. Prior to the Civil War, however. passports in the usual form were not issued to them, though in some cases papers in the nature of passports, which were indiscriminately referred to as "passports" and "protections," were granted to free persons of color. These papers stated that the individuals to whom they were given were "free persons of color, born in the United States," and invoked for them all lawful aid and protection. The Department of State did not consider these papers as being, in the proper legal sense," passports." "Your letter of the 4th instant, enclosing an extract from the 'Free Soil Courier,' relative to my not granting a passport to Henry Hambledon, a colored man, was this day received. In reply to your first enquiry, I am sure that there is no law requiring or authorizing me to grant a passport to a colored person, and applications for such a passport as was asked in this case have always been refused by every other Secretary of State. Enclosed is the certificate of the passport clerk of this Department who occupied that place under my predecessor. In answer to your second question, I reply that I am not a slaveholder, though I do not perceive of what importance it can be to know it." Mr. Clayton, Sec. of State, to Mr. D. W. C. Clark, Burlington, Vt., Aug. 8, 1849, 37 MS. Dom. Let. 269. For certain forms used, see Hunt's Am. Passport, 15–18. Mr. Gadsden, minister of the United States in Mexico, issued, June 28, 1854, a circular to the American consuls in that country forbidding them to interfere in future in behalf of persons of African descent, born in the United States. Mr. Marcy, however, declined to accept this view, and gave instructions that, while a consul might not certify that such persons were citizens of the United States, he might certify that they were born in the United States and were free, and that the Government would regard it as its duty to protect them, if wronged by a foreign government, when within its jurisdiction for a legal and proper purpose. Mr. Marcy, Sec. of State, to U. S. consul at Matamoras, Jan. 18, 1855, By the Constitution, as construed by high authorities, free persons of color are not citizens of the United States and therefore cannot receive "passports," or claim when beyond the jurisdiction of the United States "the full rights of citizens; " but "the Secretary directs me to say that, though the Department could not certify that such persons are citizens of the United States, yet, if satisfied of the truth of the facts, it would give a certificate that they were born in the United States, are free, and that the Government thereof would regard it to be its duty to protect them if wronged by a foreign government, while within its jurisdiction for a legal and proper purpose.' Mr. Thomas, Assist. Sec. of State, to Mr. Rice, Nov. 4, 1856, 46 MS. Dom. This letter related to a request for passports for eleven colored persons, 5. PERSONS INCLUDED IN PASSPORT. § 499. "When husband and wife and minor children expect to travel together, a single passport for the whole will suffice. For any other person in the party a separate passport will be required." Mr. Seward, Sec. of State, Circular, No. 24, Sept. 25, 1862, MS. Circulars, "According to the rules in force in general in the Department respecting the issue of passports, separate passports are issued to a father and his two children on a request therefor, or where reasonable cause is shown. In fact, the practice of including several members of the same family in one passport is to save trouble and expense to the parties themselves. "Where good cause is shown therefor, such as the intended residence of one of a family in a foreign land, or a necessity for the use of a passport for a proper purpose, it would seem that the passports might well be issued on making proper application there for and complying with the usual regulations.' Mr. Fish, Sec. of State, to Mr. Davis, min. to Germany, Nov. 4, 1876, "When the applicant is accompanied by his wife, minor children, or servant who would be entitled to receive a passport, it will be sufficient to state the fact, giving the respective ages of the children and the allegiance of the servant, when one passport will suffice for all. For any other person in the party a separate passport will be required. A woman's passport may include her minor children and servant under the above-named conditions." Rules Governing the Granting and Issuing of Passports in the United The word "servant" does not include a governess, tutor, pupil, companion, H. Doc. 551-vol 3-56 "The servants mentioned in the application are not included [in the passport], as protections are only granted to citizens of the United States." Mr. Crallé, Act. Sec. of State, to Mr. McLane, Oct. 26, 1844, 35 MS. "A servant can not be invested, by means of inclusion in a passport, with the right to protection which that document certifies the employer to possess as a citizen.” Mr. Blaine, Sec. of State, to Mr. Hirsch, min. to Turkey, No. 97, June 18, 1890, MS. Inst. Turkey, V. 134. "This Government does not issue certificates of residence or protection papers' other than passports, which can only be granted to citizens. Adoption of an alien child by a citizen of the United States does not confer American citizenship upon the child." Mr. Olney, Sec. of State, to Mr. McCandless, Feb. 13, 1896, 207 MS. Dom. See, to the same effect, supra, § 415. 6. WOMEN. $ 500. In the issuance of passports, "the sex of the person is immaterial.” Mr. Blaine, Sec. of State, to Mr. Hirsch, min. to Turkey, No. 97, June 18, 1890, MS. Inst. Turkey, V. 134. While a wife may, as is shown in the previous section, be, for convenience, included in her husband's passport, a woman, whether unmarried or married, or a widow, may, if a citizen of the United States, obtain a passport on her own account. Where a woman, an alien by birth, but the widow of a citizen of the United States, applied, while residing in Switzerland, for a passport, it was held that, while she might, as a matter of strict law, remain a citizen, yet, as a citizen had no absolute right to a passport, it would be judicious to decline to grant her application unless she should give evidence of an intention to resume her residence in the United States. Mr. Fish, Sec. of State, to Mr. Rublee, No. 210, April 11, 1876, MS. Inst. |