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treatment they may receive. But they are peculiarly sensitive when retaliation is applied to their own class. This was shown in the case of General Lee's son, who was confined as one of the hostages for Captains Flinn and Sawyer. We should keep these facts in mind in adopting any future measures of retaliation against the rebels.

Since the foregoing was written a large number of suffering prisoners have been exchanged; but as others are still treated with the same cruelty, the principle of retaliation is applicable to them as well as other cases of violation of the laws of war.

HENRY WAGER HALLECK.

THE HISTORY OF THE DEPARTMENT OF STATE

IX

DUTIES OF THE DEPARTMENT OF STATE

III

The highest duty of an American diplomatic or consular officer is to protect citizens of the United States in lawful pursuit of their affairs in foreign countries. The document issued in authentication of the right to such protection is the passport.

*

Broadly speaking, the Department issues two kinds of passports those for citizens and those for persons who are not citizens. Citizens' passports are ordinary and special; aliens' passports are for travel in the United States and for qualified protection abroad of those who have taken the first steps to become American citizens.

The citizen's passport is the only document issued by the Department of State to authenticate the citizenship of an American going abroad. The Act of August 18, 1856,1 makes the issuance to one who is not a citizen a penal offense if it is committed by a consular officer. Before this law was passed the Department did not issue the document to aliens; but it was permitted to this government's agents abroad sometimes to issue it to others than American citizens. The Personal Instructions to the Diplomatic Agents of the United States of 1853 said:

They sometimes receive applications for such passports from citizens of other countries; but these are not regularly valid, and should be granted only under special circumstances, as may sometimes occur in the case of foreigners coming to the United States.

*See The American Passport, its History and a Digest of Laws, Rulings and Regulations governing its issuance by the Department of State, 1898.

111 Stat. 60.

2 R. S. U. S. 4078.

In July, 1845, the Department printed a notice" for the information of citizens of the United States about to visit foreign countries," which said:

To prevent delay in obtaining a passport, the application should be accompanied by such evidence as may show the applicant to be a citizen of the United States (when that fact is not already known to the Department of State).

The first passport found in the files of the Department is dated July 8, 1796, and is on a printed form showing that it was in com

mon use:

To all to whom these presents shall come, Greeting:

The Bearer hereof, Francis Maria Barrere a citizen of the United States o. America, having occasion to pass into foreign countries about his lawful affairs, these are to pray all whom it may concern, to permit the said Francis Maria Barrere (he demeaning himself well and peaceably) to pass wheresoever his lawful pursuits may call him, freely and without let or molestation in going, staying or returning, and to give him all friendly aid and protection, as these United States would do to their citizens in the like

case.

In faith whereof I have caused the seal of the Department of State for the said United States to be hereunto affixed.

Done at Philadelphia, this eighth day of July in the year of our Lord 1796, and of the Independence of these states the twenty-first.

(Gratis)

TIMOTHY PICKERING,
Secretary of State.

Undoubtedly such a passport as the above was issued by the Secretary of State from the beginning of the government under the Constitution, as it had been by the Continental Congress and the Governors or Presidents of the States under the old government. In fact, the practice of State authorities issuing passports maintained until it was made unlawful for any one but the Secretary of State to issue a passport in the United States by the Act of August 18, 1856. Much imposition and fraud were practiced by persons not citizens in obtaining American passports. The condition of affairs in 1835 was thus described by the Supreme Court:

There is no law of the United States in any manner regulating the issuing of passports, or directing upon what evidence it may done, or declaring their legal effect. It is understod, as a matter of practice, that

some evidence of citizenship is required by the Secretary of State before issuing a passport. This, however, is entirely discretionary with him.

The evidence required before issuance consisted chiefly of letters from the applicants themselves or from third persons known to the Department, or certificates from notaries public that the applicants were citizens of the United States. The Department's circular of 1845 produced an improvement in the character of the applications for passports and they were often in the form of affidavits. A circular issued in 1846 required that the application be in the form of an affidavit and that it be accompanied by the certificate of naturalization if the applicant was of alien birth.

The twenty-third section of the Act of August 18, 1856, making it a penal offense for anybody in the United States except the Secretary of State to issue passports or documents in the nature of passports, a circular of instructions stating this fact was issued by the Department in August, 1857. The requirements of applicants became more and more detailed by successive circulars, until on September 15, 1896, they were changed by Secretary Olney from General Instructions to Rules Governing Applications for Passports.

The Act of August 18, 1856, had, however, required that passports should be issued "under such rules as the President" should prescribe. The rules had never been prescribed by the President, until Secretary William R. Day sent the following letter to the President:

To the President:

DEPARTMENT OF STATE,

WASHINGTON, May 21, 1898.

I have the honor to submit for your approval certain Rules Governing the Granting and Issuing of Passports in the United States. That they should be prescribed by the President appears, in the opinion of this Department, to be rendered necessary by the terms of the Act of Congress approved August 18, 1856 (11 Stat. 60 Rev. Stats. Sec. 4075), as follows:

"The Secretary of State may grant and issue passports, and cause passports to be granted, issued and verified in foreign countries by such diplo matic 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." Respectfully submitted, WILLIAM R. DAY.

The form of passport issued in the beginning had undergone a change by 1817, when it was made to include a description of the person to whom it was issued, and thereafter slight modifications were made. At present it is as follows:

Good only for

two years from date.

[SEAL]

UNITED STATES OF AMERICA,

DEPARTMENT OF STATE,

To all to whom these presents shall come, Greeting:

I, the undersigned, Secretary of State of the United States of America,

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The special passport is also a citizen's passport, but it differs in form from the ordinary passport, in that it usually describes the official rank or occupation of the person to whom it is issued and does not describe his person. He is not required to make formal application for it nor to produce proof of his citizenship, it being presumed that the Department is already informed on this point. The earliest record of a special passport is in 1819; but it is probable that they were issued from the beginning of the government. The form has varied widely; but the request for the protection of the holder has been the same as in the ordinary passport. Following is the form at the present time:

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