The Passport in America: The History of a Document (52 page)

7
. Gerald L. Neuman, “‘We Are the People’: Alien Suffrage in German and American Perspective,”
Michigan Journal of International Law
13 (1991–92): 297–99.

8
. Marsh to Marcy, August 4, 1853, RG 59 Dispatches Min. Turkey, No, 48, National Archives; Moore,
A Digest of International Law
, 3:870.

9
. Gaillard Hunt,
The American Passport: Its History and a Digest of Laws, Rulings and Regulations Governing its Issuance by the Department of State
(Washington, DC: GPO, 1898), 85.

10
. Everett to Ingersoll, December 21, 1852, RG 59 Diplomatic Instructions, Gt. Britain XVI: 180, National Archives.

11
. “The verification which should be placed upon the back of the certificates might be in these words: ‘Legation of the United States at… I hereby certify that according to the best of my knowledge and belief, the within document is genuine. [Seal of Legation] Signature.’ “Marcy to James Peden, April 10, 1856, RG 59 Diplomatic Instructions, Argentina XV91, National Archives. See also Marcy to Buchanan, April 13, 1854, RG 59 Manuscript Instructions Gr. Brit XVI 285; Marcy to Siebels, May 27, 1854, RG 59 Manuscript Instructions Belgium I 82.

12
. Marcy to Clay, December 28, 1854, RG 59 Diplomatic Instructions Peru M77 R130:150, National Archives.

13
. H. G. Dwight, “American Political Workers Abroad: The Consular Service,”
Bookman
, May 1906, 276. A U.S. passport had limited use in satisfying foreign passport requirements. The laws that underwrote the demand for passports usually referred to a document issued by that government or countersigned by it. In the case of the former the precise role of a U.S. passport was not always clear. Buchanan to Davis, March 8, 1847 in John Bassett Moore (ed.)
The Works of James Buchanan, Comprising his Speeches, State Papers and Private Correspondence
(Philadelphia: James B Lippincott, 1909), 7: 236–7.

14
. Rogers M. Smith,
Civic Ideals: Conflicting Visions of Citizenship in U.S. History
(New Haven, CT: Yale University Press, 1997).

15
. Leon F. Litwack, “The Federal Government and the Free Negro, 1790–1860,”
Journal of Negro History
43 (1958): 271–73.

16
. Kelly S. Drake, “The Seaman’s Protection Certificate as Proof of American Citizenship for Black Sailors,”
Log of the Mystic Seaport
50 (Summer 1998): 11–12.

17
. Litwack, “Federal Government and the Free Negro,” 271.

18
.
National Era
, “Passports for Colored People,” September 27, 1849.

19
.
New York Evening Post
, “Secretary Clayton’s Law of Passports” reprinted in the
North Star
, August 24, 1849;
National Era
, “Official Injustice—No Protection for Colored Men,” July 5, 1849.

20
.
National Era
, “Passports for Colored People.”

21
.
National Era
, “Official Injustice—No Protection for Colored Men.”

22
.
North Star
, “From a letter from Wm. Wells Brown to Wm. L. Garrison,” November 30, 1849.

23
.
North Star
, “Letter from William W. Brown,” December 14, 1849.

24
. Clayton to Clarke, August 8, 1849, RG 59 Domestic Letters 37:269, National Archives.

25
. Elizabeth Pryor, “‘Jim Crow’ Cars, Passport Denials and Atlantic Crossings: African-American Travel, Protest and Citizenship at Home and Abroad, 1827–1865” (Ph.D diss., University of California, Santa Barbara, 2008), 112–126.

26
.
North Star
, “Passports to People of Color.” For more on the Purvis application see Pryor “‘Jim Crow’ Cars, Passport Denials and Atlantic Crossings,” 119–122.

27
.
North Star
, “Passports to People of Color.”

28
.
Emancipator and Republican
, October 31, 1850.

29
. Buchanan to Jones in John Bassett Moore (ed.)
The Works of James Buchanan, Comprising his Speeches, State Papers and Private Correspondence Volume 6
(Philadelphia: James B Lippincott, 1909), 356.

30
. Pryor, “‘Jim Crow’ Cars, Passport Denials and Atlantic Crossings,” 89–100.

31
. Sabine Freitag, “‘The Begging Bowl of Revolution’: The Fund-Raising Tours of German and Hungarian Exiles to North America, 1851–1852,” in
Exiles from European Revolutions: Refugees in Mid-Victorian England
, ed. Sabine Freitag (New York: Berghahn, 2003), 169–76.

32
. Peter Bridges, “Some Men Named William Hunter,”
Diplomacy & Statecraft
16 (2005), 254;
New York Daily Times
, “The Koszta Correspondence,” September 30, 1853.

33
.
New York Daily Times
, “The Koszta Correspondence.”

34
. Moore,
A Digest of International Law
, 3:824–35, 3:835–54. See also Edwin M. Bouchard,
The Diplomatic Protection of Citizens Abroad; or, The Law of International Claims
(New York: Banks Law, 1915), 570–74.

35
. Brown to Marcy, July 5, 1853, quoted in
New York Daily Times
, “The Case of Koszta,” March 10, 1854.

36
. Marsh to Marcy, July 7, 1853, quoted in Klay,
Daring Diplomacy
, 33.

37
. Brown to Marcy, July 5, 1853, quoted in
New York Daily Times
, “The Case of Koszta,” March 10, 1854.

38
. Hulsemann to Marcy, August 29, 1853, quoted in
New York Daily Times
, “The Koszta Correspondence,” September 30, 1853.

39
. John E. Findling,
Dictionary of American Diplomatic History
(Westport, CT: Greenwood, 1980), 72.

40
. “By this public instrument be it known to all whom the same doth or may in anywise concern, that I, Joseph B. Nones, a public notary in and for the state of New-York by letters patent under the great seal of the State duly commissioned and sworn dwelling in the City of New-York, do hereby certify that the persons named in the annexed paper appear before me, and being duly sworn according to law each subscribed the declaration made by him, respectively, which I deem sufficient proof of the affiliated citizenship of the said ___, and I certify the annexed description of his person to be correct. I also certify the annexed affiliation paper of the State of New-York to be genuine, and the said ___ having forever renounced all allegiance, except to the United States of America, and having conformed to the requirements of the several acts of Congress, in such case made and provided, and having received his affiliation certificate, is entitled to all the benefits and protection of an affiliated citizen of the United States of America, and I hereby request all whom it may concern to permit safely and freely to pass the said ___, and in case of need to give him all lawful aid and protection.

In testimony whereof, I have subscribed my name and caused my national seal of office to be hereunto affixed.”Quoted in
New York Daily Times
, “The Case of Koszta,” March 10, 1854, 2.

41
. Brown to Marcy, July 5, 1853, RG 59 Dispatches from U.S. Min. to Turkey, Dispatch No. 42, National Archives.

42
. Buchanan to Marcy, March 24, 1854, RG 59 Dispatches from U.S. Min. to GB., National Archives; Marcy to Nones, April 11, 1854, RG 59 Domestic Letters, 42:354, National Archives.

43
. Nones to Marcy, April 12, 1854, RG 59 Manuscript Letters, National Archives.

44
. Marcy to Nones, April 14 1854, RG 59 Domestic Letters, 42:363.

45
. Kennedy to Seward, November 20,1861, RG 59 MLR 509 Box 2, National Archives; Nones to Seward, October 11, 1861, RG 59 MLR 509 Box 3, National Archives; Irving to Seward, October 14, 1861, RG 59 MLR 509 Box 3, National Archives.

46
. Hunter to Rowan, September 6, 1869, RG 59 Domestic Letters, 82:39, National Archives.

47
. Moore,
A Digest of International Law
, 3:864.

48
. Sherman to Storer, November 8, 1897, U.S. State Department,
Papers Relating to the Foreign Relations of the United States
(Washington, DC: GPO, 1897), 29.

49
. “Circular,” August 19, 1861, RG 59, Entry 731, National Archives; Seward to Robbins, August 29, 1861, RG 59 Domestic Letters, 54:563, National Archives; Seward, March17, 1862, RG 59 Entry 731, National Archives; Seward, “Circular to the Diplomatic and Consular Officers of the U.S. in Foreign Countries No. 18,” August 8, 1862, RG 59 Diplomatic Instructions, The Netherlands M77 R123: 261, National Archives; Seward, “Circular No. 56,” March 15, 1865, Circs to Consuls RG 59 MLR 731, National Archives.

50
. Act of March 3, 1863, Secretary 23 (12 U.S. Stats 754). This was repealed by the act approved May 30, 1866 (14 U.S. Stats 54). Bayard to Colema, July 10, 1888, U.S. Department of State,
Foreign Relations
, 1888, 1:646–47.

51
. Dorothy B. Porter, “Sarah Parker Remond, Abolitionist and Physician,”
Journal of Negro History
20 (1935): 287–93. Her father, John Remond, had been issued a passport in 1854 (Litwack, “Federal Government and the Free Negro,” 271).

52
.
New York Times
, “Colored Persons and Passports,” January 24, 1860, 4.

53
. Min to Secretary of State, December 15, 1859, RG 59 Dispatches from U.S. Min to Gt. Britain, Dispatch no, 228: M30 R70, National Archives.

54
. Marcy to Min. London, June 16, 1856, RG 59 Diplomatic Instructions, Gt. Britain, M77 R75, National Archives.

55
. Min to Secretary of State, December 15, 1859.

56
. Ibid. Letter attached. Underlining in original.

57
. Ibid; Sarah Remond, September 8, 1858, RG 59 Entry 508, Passport Applications, National Archives.

58
. Sarah Remond, September 8, 1858.

59
.
New York Times
, “Colored Persons and Passports,” 4.

60
.
Liberator
, November 28, 1856.

61
. Thomas to Rice, November 4, 1856, RG 59 Domestic Letters 28: 397, National Archives.

62
. U.S. Department of Justice,
Official Opinions of the Attorneys-General of the United States
(Washington, DC: GPO, 1862), 10:405.

63
. Ibid., 10:383.

64
. 60 U.S. (19 How.) 393 (1857).

65
.
New York Times
, “Passports to Men of Color,” April 12, 1858.

66
. Saidiya V. Hartman,
Scenes of Subjection: Terror, Slavery, and Self-Making in NineteenthCentury America
(New York: Oxford University Press, 1997), 164–206.

67
.
Liberator
, December 30, 1864.

68
. Litwick, “Federal Government and the Free Negro,” 273.

69
. Somewhat regularly before World War 1, and occasionally even as late as the 1930s, the State Department sent out firm but polite reprimands to officials who issued “passports” or documents in the “nature of passports.” Fish to Coke March 23, 1875, RG 59 Domestic Letters, 107:229, National Archives; Hill to Mayor, New Orleans, December 5, 1899, RG 59 Domestic Letters, 241:429, National Archives; Consul General, [Budapest, Hungary] to Secretary of State, July 25, 1910, RG 59 138.8/9 Box 642, National Archives; “DFN,” December 22, 1932, RG 59 138.8/166 Box 642, National Archives.

70
. Grant to Blaine, December 6, 1889, U.S. Department of State,
Foreign Relations
, 1890, 333.

71
. Merriam to Blaine, April 11, 1890, U.S. Department of State,
Foreign Relations
, 1890, 335.

72
. The main text of the document stated: “The bearer hereof, John Jagger, is a worthy and respected citizen of this State, a resident of St. Paul, county of Ramsey, State of Minnesota, United States of America. He is now about leaving his home to travel in Europe, and I cordially bespeak for him the kind of attention of all to whom these presents may come.” Grant to Blaine, December 6, 1889, U.S. Department of State,
Foreign Relations
, 1890, 333.

73
. Andreas Fahrmeir,
Citizens and Aliens: Foreigners and the Law in Britain and the German States, 1789–1870
(New York: Berghahn, 2000), 138.

74
. Ibid., 138–41.

75
. Ibid., 140;
New York Times
, “Passports,” August 7, 1875.

76
. George Barr Baker, “The American Diplomatic Service,”
Bookman
44 (September, 1916): 89.

77
. Adee to Conger, August 24, 1899, U.S. Department of State,
Foreign Relations
, 1899, 185–87.