risas thereon, the dates thereof, and the names of the officers making the same. 138. Certificates are sometimes issued by Consular Officers in countries where there is a Diplomatic Representative, attesting the identity of the persons to whom they are granted, to be used in the place of regularly issued passports for the purposes of travel or local protection. In countries where the local laws or regulations require the deposit of a passport during the temporary sojourn of a traveler, a Consular certificate setting forth the facts as appearing from the passport may be granted, but only to comply with the requirements of the local law or regulation. Certificates in the nature of passports, and to be used as such, are wholly unauthorized. 139. Passports are to be verified only by the Consular Officer of the place where the verification is sought, for which a fee of one dollar in the gold coin of the United States, or its equivalent, will be collected. In the absence of such Consular Officer, or should the foreign Government refuse to acknowledge the validity of the Consular visa, it may be given by the principal Diplomatic Representative. A Diplomatic Representative or his Secretary of Legation may, however, verify passports presented to him when there is no Consulate of the United States established in the city where the Legation is situated. A Consular Agent may risa but cannot issue a passport. 140. At the close of each quarter, returns are to be made to this Department of the names of and particulars regarding the persons to whom the passport shall be granted, issued, or verified, together with the amount of the taxes or fees collected for the same, which taxes or fees will be charged on the books of the Treasury against the person receiving them. The fees for visas or passports should be entered and accounted for in the regular quarterly statement of the Agent's account. 141. When the applicant for a passport is accompanied by his wife, minor child, or servant, it will be sufficient to state in the passport the names of such persons, and their relationship to or connection with him. A separate pass Certificates of identity. Visa. Returns Wife or child of applicant. port must be issued for each person of full age, not the wife or servant of another, with whom he or she is traveling. 142. No visa will be attached to a passport after two years from its date. A new passport may, however, be issued in its place by the proper authority, as hereinbefore provided, if desired by a holder who has not forfeited citizenship. 143. Applications have sometimes been made to the Diplomatic and Consular Officers of the Government for the issue of certificates of citizenship to persons residing in foreign lands and claiming to be American citizens. Hereafter no certificates will be issued, except in the form of passports under the regulations herein prescribed, unless a different form be prescribed by the laws of the country in which the Legation or Consulate is situated, in which case the Diplomatic Representative or Consul will transmit to the Department a copy of the prescribed form. To protect the dignity of such citizenship, and to guard against fraudulent assumption of it, Ministers and Consuls will be strict in the observance of the rules herein laid down, and will exercise caution in issuing passports to applicants. When their intervention is invoked on behalf of citizens of the United States residing in foreign countries, agents of the Government will be careful to remember that it is as incumbent on such persons as it is upon the citizens or subjects of those foreign countries to observe the reasonable laws of the State in which they reside. 144. When the Diplomatic Agent is satisfied that an applicant for protection has a right to his intervention, he should interest himself in his behalf, examining carefully into his grievances. If he finds that the complaints are well founded, he should interpose firmly, but with courtesy and moderation, in his behalf. 145. The United States have treaties with several powers regulating the rights of naturalized citizens of the United States on their return to their native lands. Abstracts of those several treaties are given in Appendix 2 of the Consular Regulations. 146. It is provided by law that "all children born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be, at the time of their birth, citizens therof, are to be declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States." That the citizenship of the father descends to the children born to him when abroad, is a generally acknowledged principle of international law. 147. It is further provided by law that any woman (who might lawfully be naturalized under the existing laws), married, or who shall be married, to a citizen of the United States, shall be deemed and taken to be a citizen. The recognition of this citizenship will be subject to the qualifications above referred to. It is also provided (Rev. Stat., 2168) that when any alien who has made declaration, dies before he is actually naturalized, the widow and children of such alien shall be considered as citizens of the United States upon taking the oaths prescribed by law.. 148. Abuses which have heretofore occurred in granting protection from the local authority in eastern countries, and especially in the Turkish dominions, to persons who, in the opinion of this Department, had no claim thereto, render it advisable that the Legations and Consulates there should, once in six months, report the number, names, and occupations of the persons to whom, during the six months preceding, such protection may have been given, or by whom it may have been claimed. Such report will in future be expected to be made at the beginning of every January and July. It is believed that sound policy dictates the utmost scrutiny and caution in extending the protection of this Government to any persons abroad not citizens of the United States. This policy, scrupulously adhered to, is apt to afford more efficient protection to those to whom it is really due. Such protection should in no event be given to aliens not actually in discharge of official duty under the direction of the respective Diplomatic Agents and Consular Officers or employed in their domestic service, or when it will operate to screen the holder from prosecution for offenses against the laws of the country, or when reasonable ground exists for objection by the Government. No instrument in the nature of a passport should be issued to aliens thus protected; it will be sufficient to grant, when necessary, a cer Married women. In Turkish do minions. Protection of oreign subjects in certain cases. Deposit of ship's papers. 4310. tificate setting forth their relation and duties in connection with the Legation or Consulate. 149. Requests have occasionally been made upon the Government of the United States to permit its Diplomatic and Consular Officers to extend their protection to citizens or subjects of a foreign Government who may desire it and who may be sojourning at places where there are no Diplomatic or Consular Representatives of that Government. This Government has from time to time, upon the request of friendly powers, given to its Diplomatic and Consular Officers authority to take upon themselves, with the consent of the Government within whose jurisdiction they reside, the function of representing those powers at places where the latter had no such officers. It has understood this authority to be restricted simply to the granting of the services and good offices of our Representatives, with their own consent, to meet what has ordinarily been a fortuitous and temporary exigency of the friendly Government. When this function is accepted-which must be done only with the approval of the Department of State-the Diplomatic or Consular Offcer becomes the agent of the foreign Government as to the duties he may perform for its citizens or subjects; he becomes responsible to it for his discharge of those duties, and that Government alone is responsible for his acts in relation thereto. He does not, however, for this purpose become a Diplomatic or Consular Officer of the foreign Government. (See paragraph 423.) ARTICLE XI. Reciprocal Duties of Consular Officers and Masters of 150. Every master of an American vessel shall, on his R. S., secs. 4309. arrival at a foreign port (and every additional port subsequent to the first, to which he may proceed in the course of the voyage, is an arrival by him at a foreign port), deposit his register, sea letter, and Mediterranean passport, with the Consular Officer of the United States, if there be one at the port, under a penalty of five hundred dollars, which the Consular Officer may recover, in his own name, for the use of the United States. The statute formality requires this, but it is understood that vessels do not now usually carry sea-letters and Mediterranean passports. It is usual, however, to provide whaling-vessels with sea-letters. It is usual also to deposit with the Consular Officer the crew-list and shipping-articles, and these documents, together with the register, are generally described as "ship's papers." This requirement applies to American or foreign-built ships purchased abroad, and wholly owned by American citizens, in the same manner as to regularly documented vessels. Arrival defined. 4 Op. Atty. Gen., Ib., 72. 151. To constitute an arrival within the intent of the law, it is necessary that it should be such an one as involves an 390; 9 Ib., 256; 11 entry and clearance at the custom-house of the foreign port. If the vessel enters the foreign port conformably to the local law or usage, her coming amounts to an arrival, independently of any ulterior destination or the time she may remain or intend to remain, or of the particular business to be trans. acted there. When a vessel arrives at a port sulate. 152. A vessel arriving within a Consular district, although at some port other than that at which the Consular office not that of the Conis situated, makes an "arrival" in such sense as to require a deposit of the vessel's papers and to subject her to the Consular jurisdiction, if the port at which she actually enters is within reasonable distance of the Consulate and the communication between the two ports is not difficult. 153. A vessel putting into a foreign port to get information only, and not entering, or breaking bulk, or discharging seamen, or requiring new seamen, or needing the aid of the Consular Officer in any respect, cannot be said to make an arrival at that port within the meaning of the law. Vessels driven into a port are not required to deposit their papers with the Consular Officer, unless formal entry be afterward made or Consular services required. 9 Howard, 372. Officer. 154. It is the duty of a Consular officer on the arrival of Duty of Consular an American vessel, should the master neglect to deliver his ship's papers, as he is directed by law, to inform him of the necessity of so doing, by showing him the law that requires it, and apprising him of the penalty he will incur by refusal or neglect. If he fail to comply, a certificate of the fact, under the Consular seal (see Form No. 12), must be imme 765 C R-4 |