CHAPTER XXX. DUTIES OF CONSULS GENERAL AND CONSULS IN RELATION TO THE GRANTING OF PASSPORTS AND CERTIFICATES. 622. By the twenty-third section of the act of Act of August August 18, 1856, the Secretary of State is authorized 18, 1856. to grant and issue passports, and cause passports to be Issue of passgranted, issued, and verified in foreign countries by ports. such diplomatic or consular officers of the United States, and under such rules as the President shall designate and prescribe, for and on behalf of the United States, and no other person shall grant, issue, or verify any such passport; nor shall any passport be granted or issued to or verified for any other persons than citizens of the United States; nor shall any (such) charge be made for more than one such verification in any foreign country; and if any person acting or claiming to act in any office or capacity under the United States, or any of the States of the United States, who shall not be lawfully authorized so to do, shall grant, issue, or verify any passport, or other instrument in the nature of a passport, to or for citizen of the United States, or to or for any perany son claiming to be or designated as such in such passport or verification; or if any consular officer who shall be authorized to grant, issue, or verify passports, shall knowingly and wilfully grant, issue, or verify any such passport to or for any person not a citizen Passports; by issued. of the United States, the person so offending shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be imprisoned not exceeding one year or fined in a sum not to exceed five hundred dollars, or both, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. It is likewise made the duty of all persons who shall be authorized, pursuant to the provisions of the act, to grant, issue, or verify passports, to make return of the same to the Secretary of State; and such returns shall specify the names and all other particulars of the persons to whom the same shall be granted, issued, or verified, as embraced in such passport. 623. From the foregoing provisions of the act it and to whom will be seen that passports can only be issued by the Secretary of State, and such diplomatic and consular officers of the United States in foreign countries as he may expressly authorize, and they can be granted to citizens of the United States only. As passports granted by the Secretary of State secure to the bearers facilities from foreign governments not accorded to those issued by diplomatic officers, consuls general, or consuls, it will always be to the interest of travellers to procure their passports before leaving the United States, and this course is earnestly recommended by the Department of State. Expense of passports. 624. Under the provisions of the act to provide internal revenue to support the government and to pay interest on the public debt, approved July 1, 1862,1it is required that for every passport issued from the office of the Secretary of State, or by any minister or 1 See Statutes at Large, vol. xii. p. 472. consul of the United States, the sum of three dollars re 625. In any country where there is a diplomatic when consuls representative, no consul general or consul is author- general are ized, without special permission, to issue passports, issuing passprohibited from except in the absence of such representative from ports. the place of his legation. issued by a 626. Whenever he may be so absent, authority is When passgiven to consuls general and consuls only, to issue ports may be passports; but in all cases the said consuls general consul general and consuls must report to the Department of State or a consul. the names of the persons to whom passports have been issued by them, together with the evidence of their being citizens of the United States, and a copy of the same report must be forwarded to the legation Issue of pass fee therefor. of the United States upon the resumption of his duties by the diplomatic representative to whom they are subordinate. In case there should be no diplomatic representative accredited to the country in which a consul general or consul may reside, then these officers are authorized to grant passports, having regard to the Instructions to Consular Officers in reference thereto; they will transmit, in all cases, to the Department of State the information in regard to citizenship required by this section. 627. Whenever a foreign government shall require ports, and the the visa of a passport of any citizen of the United States, it shall be given by the consular officer of the United States at the place where it is demanded, and he shall, for each passport so visaed, collect the fee of one dollar prescribed to be paid, noting on the passport that this has been done; and no charge shall thereafter be made by any officer of the United States for any visa of that passport in the same country.1 Nature and de passport. 628. Passports are granted upon the ground of scription of a international courtesy, and as affording evidence to the diplomatic and other agents in foreign countries that the bearer thereof is a citizen of the United States, and entitled to full protection as such.2 A passport, in proper form, must contain a description of the bearer, with his signature; it must also request all whom it may concern to permit the bearer thereof, being a citizen of the United States, safely and freely to pass, and, in case of need, to give him all lawful aid and protection while so doing. It must be signed by the diplomatic representative, consul general, or consul, and sealed with the seal of the 1 Statutes at Large, vol. xi. p. 60. 2 Johnson & Reddall's Manual, edition of 1855, p. 69. legation or consulate. Passports should be numbered, commencing with No. 1, and so continuing consecutively till the end of the incumbent's term of office. For a proper form of a passport, see Form No. 46. ported. is 629. Consuls general and consuls are instructed to Passports transmit the name and description of every person to sued to be rewhom a passport has been issued by them, to the Department, with the evidence on which it is granted, in accordance with Form No. 47. passport to a 630. Consuls general and consuls are expressly Conditions for instructed, that, when an application is made for a the issue of a passport by a native citizen of the United States, native citizen. before granting it, the applicant must file in the consulate an affidavit stating that fact, and also his age and place of birth; this must be signed and sworn to by himself and one other citizen of the United States named therein, to whom he is personally known, and to the best of whose knowledge and belief the declaration made by him is true. 631. If the applicant be a naturalized citizen, a Naturalized passport can only be granted upon his exhibiting citizens. a certificate of naturalization, or a certified copy thereof; an authenticated copy of which must be transmitted by the consul general or consul to the Department of State. family of the applicant. 632. When the applicant is accompanied by his Passports may wife, children, or servants, or by females under his include the protection, it will be sufficient to state the names and ages of such persons and their relationship to the applicant. 633. Consuls general and consuls are instructed Cautionary into exercise the utmost care and diligence in seeing junctions. that no passport is granted without clear evidence that the applicant is entitled to it as an American |