cate of a notary public; but there was no fixed rule, nor was the Department the only authority which issued passports. In 1835 the Supreme Court described the situation thus:

There is no law of the United States, in any manner regulating the issuing of passports, or directing upon what evidence it may be done, or declaring their legal effect. It is understood, as 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 lack of legal provision on the subject led to gross abuses, and "the impositions practiced upon the illiterate and unwary by the fabrication of worthless passports" + led finally to the passage of the Act of August 18, 1856. This provided that the Secretary of State be authorized to grant and issue passports, and cause them to be granted and verified in foreign countries by diplomatic and consular officers of the United States, under such rules as the President

*9 Peters, 699.

Op. Atty. Genl., IX, 350.

might prescribe. No one else was to issue passports, and they must be issued to none but citizens of the United States. There was to be no charge, except in foreign countries, where the fee was to be $1. Any person not authorized to do so who granted a passport should, upon conviction of the offense, be deemed guilty of a misdemeanor and fined and imprisoned. All returns of passports issued abroad were to be made to the Secretary of State.

Such returns had, however, been made from the beginning; but it is probable that they were not made regularly or by all our agents abroad who granted passports. The early passports were not essentially different in form from those now used, but frequently a simple certificate of citizenship was made to do duty for a regular passport. An example may be cited:

William Deas, Chargé des Affaires of the United States of America to the Court of Great Britain.

I do certify, That Samuel Potts, sixty years of age, Five feet eight inches in height, blue eyes, ordy. sized mouth,

large Nose, high Forehead, bald, fair complexion, gray Hair and long Face—is a citizen of the United States of America and as such is entitled to all privileges to that character belonging. This certificate to avail during the Voyage upon which Mr. Potts is on the point of embarking for the United States.

Given under my Hand and the Seal of the Legation at London this Twenty-seventh day of October 1795.

Wm ALLEN DEAS [SEAL.]

Copies of a number of certificates of this character are among the Department archives, together with the letters to the legations asking for them; and since 1817, John Quincy Adams being Secretary of State, the papers relating to the issuance of passports by the Department have been kept systematically and separate from the other correspondence.

Although the Act of August 18, 1856, cited above, required that no fee be charged by the Department for issuing passports, it does not appear that one had ever been charged, except, perhaps, the notarial fee for administering oaths. The Act of July 1, 1863, was the first one es

tablishing a passport fee, which was fixed at $3. This was increased to $5 by Act of June 20, 1864. The administering of the oath was done by a regularly qualified person having authority to administer oaths for general purposes, but the Act of February 3, 1870, authorized the Passport Clerk in the Department to administer oaths and affirmations on applications for passports, free of charge. These oaths and affirmations are deemed to be made under the pains and penalties of perjury. The passport fee was abolished by Act of July 14, 1870, restored by that of June 20, 1874, and reduced by Act of March 23, 1888, to $1, the present rate.

The system, as it has been followed by the Department under the law, has been reduced to three classes of passports-the ordinary passport, the special passport, and that given to diplomatic representatives of foreign governments in their transit through the territory of the United States. The ordinary passports are issued to citizens of the United States upon ap

plication, the prescribed form of which for na

tive citizens is as follows:

United States, hereby apply to the Department of State, at Washington, for a passport for myself, accompanied

that my father is a

on

in the State

day of

18—;

citizen of the United States ;

that I am domiciled in the United States, my permanent

residence being at

in the State of

where I

follow the occupation of

; that I am about to go

United States

with the purpose of residing and

abroad temporarily; and that I intend to return to the

performing the duties of citizenship therein.

OATH OF ALLEGIANCE.

Further, I do solemnly swear that I will support and de

fend the Constitution of the United States against all ene