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governing for passports,


Under the law, passports can be issued in the United Rule 3, rules States only by the Secretary of State. In a foreign applications country they may be issued by the chief diplomatic represenative of the United States; or, in the absence of a diplomatic representative, by the consul-general; or, in the absence of both, by a consul.


The rule governing the applications of Chinese Ante, P 95. for passports applies to persons of Mongolian race born in Japan.


A native of Japan, of the Mongolian race, is not entitled 62 Fed. Rep., to naturalization, not being included within the term "white persons" in Revised Statutes, section 2169.


A minor may receive a passport and may make application in his own behalf, if he has attained sufficient age to understand the nature of an oath. If he is too young to execute an affidavit and it is clearly necessary for him to have a passport, his parent or guardian may apply for him. The purpose of his leaving the country and that he will return must be satisfactorily shown.

I have to say that, in general, passports may be issued Vol. x, p. 297. June 26 1888. to minors who are of sufficient age to understand and execute the requisite affidavits. There are, however, several exceptions to the general rule, and each case can only be decided upon its merits when presented.

Vol. xii, p. 167,
Mar. 30, 1895.

Vol. xiv,

P. 474.

I have to inform you that, owing to the extreme youth of the applicant, it will be necessary for her parent to make the application.

As his son is but thirteen years of age, he may be Ma7+ 23, 1896. included in his father's passport, and if he remains in Germany may later obtain a passport on his own account by making application to the embassy of the United States at Berlin. The necessary statements may be made before the nearest consul. In view of his age it is not deemed advisable to issue him a separate passport.

Vol. iii, p. 250,
Aug. 20, 1872.

Vol. ii, p. 390,

Apr. 10, 1892.


When the applicant's name does not correspond with the name as given in the naturalization certificate, which the Department follows, the circumstance must be explained. If the error is in the naturalization certificate, any alteration in it must be made by the court issuing it, and not by the Department. If the applicant has changed his name, an authenticated copy of the legal decree authorizing the change must be furnished; but in exceptional cases secondary evidence may be accepted.

You state that the name in this passport is the same as that which appears in the certificate of naturalization, but that the applicant's name was incorrectly written by the Iclerk of the court. If a mistake was made in preparing the certificate, that document should be returned for correction to the court from which it was issued.

I have to inform you that if Mr. Scholt is, as his affidavit declares, "the identical person described in the

certificate of naturalization presented," he should make his application in the name by which he is so described, and a passport will be issued to him in that name; or, if he wishes to change his name, he must present, with his application for a passport, legal evidence that the change is made according to the laws of the State in which he resides.

P. 44,

It is noticed that while your application is signed by Vol. xiv, you as William Kuechen, the naturalization certificate is Apr. 18, 1896. in favor of John Henry W. Kuchen. It will be necessary that the descrepancy in the names be explained, and that your identity with the person described in the certificate be established before a passport can be issued to you.



The effective proof of citizenship of a person of Effective alien birth who applies for a passport is his certificate of naturalization; or, if he acquired citizenship through the naturalization of his parent, the latter's certificate of naturalization; or, if the applicant be a married woman, the naturalization certificate of her husband.

Information relative to the steps necessary to A judicial act. procure naturalization should be sought from a court having jurisdiction in the premises, and not from the Department, as naturalization is a judicial act over which the executive branch of the Government exercises no control.

stroyed cer

When the certificate of naturalization has been Lost or delost, the applicant's remedy is to apply to the court


False naturalization.

Land Office.

election, etc.

which issued it for a duly certified copy. If the original certificate and the court record have been destroyed, application should be made to the proper court for a restoration of the record. Sometimes this is not possible, and the Department may then accept secondary evidence of citizenship; but this is rarely done, and the nature of the secondary evidence which may be required is governed by the circumstances surrounding the case.

The Department declines to recognize the validity of a certificate of naturalization when it appears that it was obtained by mistakes or by fraud, and when a passport is obtained through such a certificate and subsequently that fact becomes known, the return of the passport is demanded. Similarly, an imperfect, defective, or mutilated naturalization certificate may be rejected. But this Government denies the right of a foreign government to impeach a certificate of naturalization issued by an American


In case the naturalization certificate was filed by the applicant in the General Land Office, the Department contents itself with obtaining the information shown by the certificate from that office.

For the illegal use of a naturalization certificate heavy penalties are provided by the statutes.

Certificates of A certificate of election, service as a consular officer of the United States, a town clerk's certificate of citizenship, that of the secretary of state of a State, registration as a voter, proof of having

voted, and similar evidence are none of them acceptable as proof of citizenship in lieu of a naturalization certificate.


Vol. i, p. 22,

Your note of the 17th instant inclosing a check for Fradulent twenty-five dollars to be added to the conscience fund, tion. "to ease my mind in regard to my manner of getting Dec. 24, 1866. naturalized a few months before the legal term of probation," has been received.

In reply, I have to request that

you return to this Department the passport No. 28300, dated October 10, 1866, obtained on the naturalization papers referred to above.


Vol. i, p. 249,
Nov. 24, 1869.

I have to inform you that under an existing rule of this Service as Department it is absolutely necessary that you should transmit here for inspection the certificate of naturalization issued to your father. I have also to state, the fact of your father having represented this Government at Ancona, Italy, in the capacity of consul does not verify the fact of his being a citizen of the United States.

Jan. 6, 1870.

I have the honor to return herewith Mr. E. T. Bullock's Incomplete certificate. note and the paper purporting to be a certificate of natu- vol. i, p. 259, ralization of John Muscovally. The certificate does not state that Mr. Muscovally was admitted a citizen of the United States. It simply states what "was done in order that the said John Muscovally might become a naturalized citizen of the United States." A passport can not be given him on the evidence furnished.

Land Office.

Vol. iv, p. 12,

With reference to Mr. Joseph Birch's application for a General passport, I will thank you to inform the Department, if such information is conveniently accessible, whether his Mar. 19, 1873. certificate of naturalization is on file in your office, and, if so, what is its date and the name of the court from which it issued. The applicant thinks it was filed as

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