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This Indian is a ward of

Indian whose name is Hampa. 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.

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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 Revised Statutes, section 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 to do so 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 similiar document to Humper Nespar in the event of his failure to show that he is actually a citizen.— Mr. Sherman to Mr. Breckinridge, April 3, 1897.


In rare instances it is desired to obtain a passport for an insane person, or one of unsound mind, who can not himself make the usual application or take

the required oaths. In such cases the guardian or nearest friend may act for him.

1885, p. 807.

It appears that Mrs. Blümeling derives her American For. Rels., citizenship from her husband, Herman Blümeling, who, as shown by a copy of his citizen paper inclosed in Mr. Cramer's dispatch, was duly naturalized in Jersey City on the 24th day of October, 1870, and therefore is entitled to have a passport.

The only objection to issuing the passport arises from the fact that the person applying for it, having become insane, can not make the written application and affidavit and take the oath of allegiance as required by diplomatic regulations issued by this Department.

In answer to this, it may be said that as a general rule the affidavits and other similar applications of the guardian or nearest friend of any insane person are received, where the object is to assert a right, as if made by the insane person himself. Even were this not the case, the regulations in regard to issuing passports are not imposed by Congress, but are discretionary with the Executive, and may at any time be interpreted or modified by the Department of State. They should certainly not be applied in such a way as to exclude from a passport persons by whom it may be most needed, as in the present case. Mr. Porter to Mr. Winchester, July 11, 1885.


In those countries where the United States has no diplomatic or consular representation it is competent for the nearest American diplomatic agent to issue a passport.

For. Rels., 1894, P. 245.

Your dispatch No. 58, of the 10th ultimo, in relation to your action in issuing a passport to an American citizen upon an application taken before the vice-commercial agent of the United States at Luxemburg, has been received.

In reply, I have to say that no question of territorial jurisdiction is necessarily involved in the case. When there is no representative of the United States competent to issue a passport in a small sovereign state, the nearest embassy or legation can be applied to. Thus, an application from Monaco might be made indifferently to Paris or Rome; from Andorra, to Madrid or Paris, and so forth.

It would seem, however, that the commercial agent at Luxemburg had authority to issue a passport. The statutes provide for the issuance of passports in foreign countries by consular officers, and commercial agents are declared to be full consular officers by section 1674 of the Revised Statutes.-Mr. Uhl to Mr. Runyon, April 3, 1894.

Dispatch agent, collector of

customs, postmaster.


The only place in this country from which a passport can issue is the Department of State. Sometimes, however, when an imperfect or insufficient application is made so late that the passport can not reach the person by whom it is desired before he goes abroad, and when his departure without it might be attended with grave inconvenience, danger to his safety, or hardship, the Department may make use of a United States dispatch agent, collector of customs, or postmaster as its agent to

issue the passport. Such agent is furnished with a blank passport and is instructed to take the applicant's sworn statements and issue the passport, if he is entitled to it under the law. Formerly this practice was not uncommon; but the policy now is to avoid, whenever possible, any but the regular methods of issuance from the Department in Washington.

Nov. 27, 1871.

Please find passports for Mr. John F. Cahill and Miss Vol. ii, p. 171, Kate R. McAdam, who will call upon you for them.

Will you please deliver them when the applicants shall have executed in due form the inclosed blanks?—To collector of customs,. Baltimore.

Mar. 6, 1872.

If you are advised that he intends to sail from New York Vol. ii, p. 287, and is in haste to leave home, you will be pleased to inform the Department, and a passport will be sent to Edgar Irving, esq., United States dispatch agent, 341⁄2 Pierce street, New York, to be delivered to Mr. Mayer upon his filing the affidavits with Mr. Irving. Mr. Jonathan Amory is the dispatch agent at Boston, to whom the business might be intrusted if it is so desired. The passport can be sent to the collector of customs of any other port for a similar disposition.

Feb. 26, 1872.

I have to acknowledge the receipt of your letter of the Vol. ii, p. 268, 21st instant, transmitting affidavits of Messrs. Akin and Traver and stating that other persons in Jacksonville intend to apply for passports.

In reply, I have to inform you that the two cases above referred to seemed to belong to that class of exceptional ones in which persons are suddenly and unexpectedly called from home. It is desired by the Department that

Vol. iv, p. 435,
Apr. 23, 1874.

Vol. v, P. 54.
July 22, 1874.

Vol. ix, p. 259,
Mar. 2, 1886.

Vol. xiv,
P. 359,

parties who contemplate journeying to foreign countries
"during the season" and desire passports will, sufficiently
in advance of their departure, transmit to this office com-
plete applications, so that the passports may issue after
receipt of the required affidavits, as is the usual custom.—
To deputy collector of customs, Jacksonville.

I have replied by telegram to your inquiry whether you would be allowed to fill out blank passports for certain parties who, it is supposed, may wish to go to Cayenne, to the effect that you are not allowed to do so.

Passports can be issued in the United States only by the Secretary of State, by whom they must be signed.To dispatch agent, Boston.

In cases of emergency the Department sends passports to the dispatch agent at New York for delivery upon a compliance with regulations, including payment of the fee, to be forwarded with affidavits by the dispatch agent.

Herewith I hand you a passport for Mr. Daniel S. Troy and wife, to be delivered to him upon his depositing with you, for transmission to this Department, the affidavits indicated by the accompanying papers and a money order for five dollars payable to the Disbursing Clerk of the Department of State.-To postmaster, Montgomery, Alabama.

I inclose a blank passport, No. 11469, a blank applicaMay 16, 1896. tion, and an old passport and the naturalization certificate of Mr. Isaac Lesem. Mr. Lesem will call at your office, will execute the proper application, and you will please fill out the passport and deliver it to him, returning the application to this Department. The passport should bear date as having been issued this day, and the fee has already been paid.—To dispatch agent, New York.

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