The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-28
DEPARTMENT OF STATE,
yC ,x,a-n I,l,, "a

RICHARD FAUA.
PHILADELPHIA, July %, 1899
DEPARTMENT OF STATE,
WAsHINaTos, July "a, 1889.
SIR: Your letter of the 22d instant has been re-
ceived In the absence of the Secretary can state
in answer, that the assigned in his letter
to you Of the 10th for not complying with your re-
quest is that which now regulates the action OF the
Department upon all similar applications.
lam, sir, respectfully, your obedient servant,
A. VAIL, 44ctins Secretary.
RICHARD vAux, esq, Philadelphia.
This subject is handled so well by some gentleman
Of the bar in the Boston dtas, that take leave 10
copy his article follows;
nThe Van Buren, organ of Monday contains an
indignant rebuke of Mr.. Clayton for refusing 10
furnish passport citizen Of the United States
because he was colored.' The writer OF this COM
munication intends 10 look at this matter in legal
point of view, and 10 justify the course OF the Sec
rotary, because the usage of the Department Is CO.
incident with strict law.
90 In order that il may be what important
fact the Secretary must attest when he issues
passport, the form of such document is subJoined:
"'UNIrED STATES or AMERICA:
".To all TO whom these presents shall come greet
ing: the undersigned Secretary Of Stateof the Uni
Ted States of America, hereby request all may
concern 10 permit safely and freely 10 pass b,
a citizen Of the United States, and in case of need,
10 give him all lawful aid and protection. Gwen
under my hand and the impression of the seal of
the Department OF State, at the city of W sshing-
ton, the - day OF -, IN the ------ year oil
tho Independence Of these United States
"a passport is a document granted by high Of
fcer OF the Government, containing his official de-
caration Of the fact stated in 1.-THE cit senShp OF
the person therein named
alt is not perhaps, generally known that 'th' e
Is no law of the United States in any manner res
lating the issuing Of passports, or directing ny n
what evidence il may be done, or declaring tn -lr
legal effect II is understood az matter OF practice
that some evidence Of citizenship II required by the
Secretary Of State before issuing passport: No
inquiry s Instituted By him TO ascertain the fact Of
citizenship or any proceedings had that WILL IN any
manner, bear the character Of a Judicial inquiry
II is document which from IT. nature and object
Il addressed 10 foreign Powers purportlng only 10
BE- request that the bearer of II may pass salely
and freely, and il 20 be considered rather IN the
character of a political document, by winch the
b arer II recognised in foreign countries as an
american citizen, and which, by usage and The tdr q
nations, il received evidence of the fact
the case of Lrteg,i ID Irbel and Others Peters
699
Nov if person, in his application Tor passport,
states that lie is black, or there y evidence ol II
atlnds Secretary Of State must necessarily refuse
10 grant it. Tor the legal reason that coorcd person
Is not considered cih zen Of The Cnifed states and
fos that position lac would invoke the identical
clause in the Constitution which the Van Buren, or.
3. gan (whose reference IL erroneous as we are not
aware of rhe existence Of "POi. q OF that lnstru,
mcnt) cites 10 prove that the secretary has anoPeo
a rule contrary 10 its spirit
.eThe citizens Of each State shall be- entitled 10 all
privileges and mnunites OF citizens in the several
States.r- Consultation Of The United States, drf. !
acc. 2.
osIt has been expressly decided that free black
are not eiti sens within this provision Of the Const
tuition for free negroes not ia any Of the siato
entitled 70 all the privileges and mmunitcs Of
citizens, and State may consttuuonally prohlbi
free persons Of color from removing into the stat,
% reside. The State Of 7snnessf ". Ciaiborns,
Msigs, 33l.
$50 in the celebrated case Of Prud"nco Crsndal
in Connecticut Mr.. Chief Justic. Dagg % held tina
free blacks not citizens within the meaning o.
the term used in the Constitution OF the United
States
at was the opinion OF Chancellor Kent that ne.
groes or slaves, born within and under the alleg1
ance of the United States, were natural-born sub
ects but not citizens; If born free or manumit
ted at best citizens under disabilities
"such Icing the Law. how could Secretary, en-
tertaining such view Of Il, certify that person Of
color was eihxen Of h, United Statesl The appli-
can't may hnvebeeR q citizen Of the State in which
he resided, subject to such disabilities as the law,
Of his State imposed, but not OF h United States
at may be said, if the issuing Of passports 10 no
regulated by any act Of COngres-, Why may not Tia
Secretary OF State vary the existing form Z
meet the facts ia each casei The passport is re
eiyed az evidence Of the fact Of citizenship BY usag
and the law Of nations Foreign powers recognis
only the Federal government; and ior secretary o
State 20 certify person, coored or white, 70 DC
citizen Of this particular State, would be at varanc
with his proper functions, and usurpauon Of IN
powers more appropriate TO the authorities OF tn
several States.
perhaps the difficulty might beavoided inregar'
20 free person Of color by certifying that he otoe
allegiance 70 the United States.
'The writer is willing and DESTROYS OF extendingu
people Of color all the facilities and advantages ina
may be legally allowed 70 them, with due regar
70 the interests Of the white population. The onl,
object he has in view is 10 show that Mr.. Clayton
course il in strict conformity 10 law. The wisdom
or philanthropy Oi that law is another question
which il il not his design 10 consider IL Is quit
likely that Mr.. Clayton and the newspaper allude
10 NAV not essentially differ upon hat point
hut az the Law u.s. 90 must il be dispensed or com
olied With by all public functionares irrespectiv
Of consequences. If Mr. Clayton i guilty Of n
greater offence than strict compliance with tn
law Of the land, he may well be indifferent To th
assaults Of political trimmers and huckstcrs.'
We ask the linton If Hambledon the porsO
who could not vote in Pennsylvania, y "citite
of the United states" and, IL not could the secr'
tsry grant him a passport
why did Mr.. Van Buren,, during The whole uih
ne was in the State Department and the Presidcncy
alysys refuse passports 20 free persons OF colo
And why DO bis party now attack the secretary
STATE for following his own example,
Referring 10 the case OF Williams, who obtaine
o,ssnoyt ss Mr. Chew has certified, because "a
Departmc was not aPprlIed OF MS coiof' anu GOV
"