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January, 1889, he has since been domiciled in London with apparent permanence. On the occasion of applying for a passport, January 10, 1891, Mr. Iby declared his intention to return to the United States "within two years." That time having elapsed, he now declares his intention to return "within a year. His employment is that of a traveling agent for a British manufacturing firm, in whose service he was for a time in their New York branch office. He has no relations, property, or business interests in the United States, and the personal interrogatories made by you suggest doubt as to the bona fides of his declared intention to take up his residence in the United States "within a year."
* * * The Department is always well disposed toward those of our citizens who sojourn abroad in representation of American commercial interests, but Mr. Iby's employment is not American, and even if he were to be put in charge of the New York branch of the present English house, as is suggested, his agency would still be foreign.
* * *
It is the long-standing rule of the Department that an applicant's declared purpose to return to the United States should be made satisfactorily apparent, and not be conspicuously negatived by the attendant facts of his sojourn abroad *.
Nevertheless, if he should satisfy you of good grounds for his purpose to return within a year, a passport may be issued, with the distinct intimation that should not his intentions be more practically executed at the end of that term than they have proved to be on the expiration of his previously announced term of two years, further renewal can not be granted by your legation. The best proof in such case is its execution. -Mr. Wharton to Mr. Lincoln, March 2, 1893.
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, 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
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.
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.
4, rules governing
In this country the affidavit must be attested by an Rule 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.
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,
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 passJune 18, 1872. ports, 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 June 23, 1873 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.
Vol. v, p. 90,
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