1893, P. 402. Between the legal status of citizenship and the right For. Rels., to continued protection during indefinitely prolonged sojourn abroad, the executive authority of the United States draws a clear distinction in exercising its statutory discretion to issue passports as evidence of the right to protection. The relation of the citizen to the state being reciprocal, embracing the duties of the individual, no less than his rights, the essential thing to be determined is the good faith with which the obligations of citizenship are fulfilled. The best evidence of the intention of the party to discharge the duties of a good citizen is to make the United States his home; the next best is to shape his plans so as to indicate a tolerable certainty of his returning to the United States within a reasonable time. If the declared intent to return be conspicuously negatived by the circumstances of sojourn abroad, a passport may be withheld. Mr. Adee to Mr. Coombs, April 28, 1893. 1894, P. 245. Your embassy appears, according to Mr. Hess's state- For. Rels., ment, to have acted in accordance with our longestablished rule that the applicant for a passport must produce evidence to show his intention to return and to reside in the United States. The Department has, however, admitted occasional exceptions to this rule where sound public policy seemed to warrant them. Our legations have been authorized to issue passports to missionaries in foreign lands whose residence there was continuous and practically permanent, and who could not allege any definite intention of returning to, and residing in, the United States. An exception has also been made in the case of agents of American business houses who are engaged in foreign lands in promoting trade with the United States. (See Vol. xii, p. 169, Wharton's International Law Digest, vol. ii, pp. 369, 370.)—Mr. Gresham to Mr. Runyon, November 1, 1894. It appears from your statement that your permanent Mar. 30, 1895. residence is at Havana, where you follow the occupation Vol. xii, P. 373. of merchant. You do not state when you intend to return to the United States. The Department must decline to issue a passport upon the above showing. Referring to your letter accompanying your application Aug. 17, 1895. for passport, in which you state that you have no permanent residence in this country, having resided for years in Germany, where you now intend to reside indefinitely, I have to inform you that when persons expressly declare that they have no intention to return to their native country to resume their residence and perform the duties of citizenship, they have practically abandoned their allegiance, and with it the right to claim protection from the government from which they have so alienated themselves and withheld their support. The Department therefore declines to issue you a passport. Vol. iii, p. 102, June 12, 1872. SEAL OF OFFICER BEFORE WHOM AFFIDAVIT IS The Department requires that the seal of the officer before whom an application for passport has been executed be affixed, or, if this is not done, that a certificate of his character and the verity of his signature be furnished from the proper legal officer. I have to inform you that the Department does not accept the signature of a notary public unless accom panied by an impression of his seal of office or a certificate of a competent court in authentication of his official acts. Although the laws of the several States differ in their definition of a seal, it is the usage of this Department to require an impression upon something attached to the paper or an impression stamped in the surface of the paper itself from a die-cut seal, because a seal of this kind satisfies the usual description of an official seal, and paper thus verified may be used in any court if necessary. It is believed that most, if not all, the Executive Departments in Washington, including the Pension and Patent Offices, follow the same rule. dum of Aug. 16, 1891. The Department interprets this (requirement that the Memoranofficer administering the oath to the applicant affix his Solicitor, seal of office) to require an authentication of each official act, and that a general certificate of the official character of the officer would not be sufficient. governing for passports. In this country the affidavit must be attested by an Rule 4, rules officer duly authorized to administer oaths. If he has no applications seal, his official character must be authenticated by certificate of the proper legal officer. SPECIAL PASSPORTS. et seq. By a practice sanctioned by long and uninter- Ante, p. 6 rupted use, special passports, designating the occupation or the official rank of the recipient, are granted to persons of high official rank or those who are going abroad upon Government business, Vol. iii, p. 118, June 18, 1872. Vol. iv, June 23, 1873. Vol. v, p. 90, and, by a later practice, occasionally to persons of distinction in private life. The practice in regard to them has varied in strictness, but the tendency has been of late years to limit them to a very few individuals. They are issued without sworn application. Another form of so-called passport is that given occasionally to the representative of a foreign power who is leaving the United States. It is addressed to officers of the United States and of the States, and differs slightly from the usual special passport. The rank and nationality of the person to whom it is given are invariably inserted, and it is not a citizen's passport. With reference to your inquiry concerning special passports, I have to inform you that the Department does not issue such, except to certain officers of the Government or to persons who have formerly held high and important trusts in the public service. I beg leave to say that it has been found necessary, in consequence of the very frequent requests for official or special passports, to adopt the rule of granting such passports only to persons of high official positions of the Government, or to those who may be going abroad on special business of the Government and under special instructions from some of the Departments. It is the rule of the Department to issue special passports only to prominent officials about to visit foreign countries on public business. In the military service of the Government they are given to officers not below the rank of major in the Army and the relative rank in the Navy. Apr. 14, 1887. I have to say that special passports to officers of the Vol. x, p. 79, Army are issued upon requisitions from the War De- Ante, p. 357. partment. STATE AUTHORITIES, PASSPORTS ISSUED BY. A et seq The Secretary of State is the only person in the P. 36 United States who is authorized by law to issue passports, and all passports or instruments in the nature of passports issued by State or municipal authorities are illegal. I have the honor to acknowledge the receipt of your Vol. i, p. 172. letter of the 15th instant transmitting copies of the law under which the secretary of the Commonwealth of Massachusetts has issued passports, and also a printed blank showing the form of the instrument thus issued. The title of one of these laws is "An act authorizing passports;" that of the other is "An act concerning the issue of passports and certificates of citizenship." The instrument issued in virtue of these laws appears to be substantially the same as those issued by this Department, with the exception that it runs in the name of the Commonwealth, instead of the United States, and certifies the bearer to be a citizen of the Commonwealth, instead of the general declaration that he is a citizen of the United States. I have the honor to refer Your Excellency to section 23 of the act of Congress of August 18, 1856 (11 Stat., 60), prohibiting the issuing of passports by any other person (within the United States) than the Secretary of State, |