New-York daily tribune., 1859-06-29
PASSPORTS.

Doubts having been entertained in regard 20 the
proper construction of that part Of the act Of Con-
grees Of the 18th of August 1885, which relates to
passports the Secretary of State requested the opu-
ion of the Atto1ey-General upon the subject which
has been given in the letter which we subion
AIToRsEY GEsgRALs OFFICE, June -, 1859.
Sir: have considered your communication on the
srbject Of passport submitting certain questions upon
the construction Of the 23d section Of the act OF Aug
II, 1856.
The first question presented is whether certificates
similar to the accompanying your letter of May 80
are within the meaning Of the law The paper re-
erred to purpcrs to have been issued by the Mayor OF
Philadelphia to a citizen Of the United Statee, de-
scrbing the personal appearance Of the in whose
behalf il is given, sttespg the fact of his ctzessbip
and reque ting all whom it may concern permit him
safely aud freely to pass wheresoeyer lawful pursuits
may call and, in case Of need, TO give him al lawful
aid and protection. This Is unquestionaby sn instru
mebt il The nature Of passport. Ii Is substantially
in the form used by the State Department, and Is
clearly within the letter of the act.
Tie econd question s wheth her the prohibition con-
tanned in the 2d section Of the act Of August Is, 1885,
Is COL fined the issuing and verifying Of such passports
or certificates IL foreign countries, or applies equally
to State and Fedora unctonaries residing here The
act expressly includes "apy person sctog, or Claiming
" TO act, IN any office capacity under the United
"States, or any Of the State, Of the United States
" who shall Dot be lawfully authorized. Thls en-
braces State officers. They do net generally either
reside or act officially abroad Ii is therefore, un-
reasonable TO suppose that Congress Intended merely
to prohibit them from giving certificates in foreign
coun ries Besides, the language of the oct Is not
doubtful. In its natural import It applies a. well TO
acts done here as elsewhere.
| presume the provision tnat the offender may be
Tried district where be s arrested, custody,
has given some eDcOurt cement 10 The IDEA toat tue
act Goes not contemplate offences committed within a
State. There Is nothing else in the law to raise q
doubt upon The point and this not enough torequre
4ConstIuction which would render the whole legis-
ton Ou the subject useless.
Another question proposed is, whether passport
can be -sued to any other person than citizen of the
United States TIE act says, in so many words tna
it caDnOi, and am unable 70 make the prohibition
either stIoI ger or palmer.
II sppears that you have been requested 10 state
whether there il any form Of certificate which State
officers may lawfully issue; and this question is also
referred to me- have made any effort to devise
a plan by which the law may BIS evaded and simple
people defrauded The impo, tons praciced upon the
literae aud unwsry by the fabrication OF worthless
passports led 10 the passage Of the Law which is nov
under corsiCeraon. II there be any form by which it
can be rendered abortive, il is ntiths your duty
mine to find out.
Your letter of'o-day, incosing dispatch from the
American Consul at Hamburg, shows how frightfully
iuI Iocent bave been robbed by the sale of these
spurious passports. | advise that the notary who
sgned the paper which accompanied the dispatch be
prosecuted uLder the act of 1856. He is clearly within
is penal provisions
Yours very respectfully, J. s. BLACK.
Ths L. AIS CAss Of