The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-29
[ From the Consultation /
DAGCD nDTo


DOUBTS having been entertained in regard to the
proper construction of that part of the act of Con-
gress of the 18th of August, 1856 which relates to
passports the Secretary of State as we understand
requested the opinion ofthe Attorney General upon
the subject, which has been given in the letter
which we suboin:
ATTORNEY GENERALS OFFICE, June %, 1862
SIR: | have considered your communication on
the subject of transports, submitting certain cues
tons upon the construction of the twenty third sec
ton of the act of August 49, 1885,
The hrst question presented is whether certif-
Gates, similar to the accompanying ydur letter
of May 80, are within the meaning of the law? The
paper referred to purports to have been issued by
the Mayor OF Philadelphia to a citizen of the Uni
ted States, describing the personal appearance of
the man in whose behalf it is given, attestng the
fact OF his citizenship, and requesting all whom it
may concern to permit him safely and freely to pass
wheresoever lawful pursuits may CALL and in case
OF need, to give him all lawful aid and protection.
Ihls IS unquestionabiy San instrument in the
ture of passport" 1t is substantially in the form
used by the State Department, and is clearly with
In the letter of the act. #e
The second question is, whether the prohibition
contained in the 23d section of the act of August 49,
1856, is confined to the issuing and verifying of
such passports or certificates in foreign countries,
or applies equally to State and federal functonaries
residing here? The act expressly includes ''any
person acting, or claiming to act in any Office or
capacity under the United States, or any of the
States of the United States, who shall not be
lawfully authorized" This embraces State Off
GERS iney 40 not generally either reside act
officially abroad. 1t is therefore, unreasonable to
suppose that Congress intended merely to prohibit
them from giving certificates in foreign countries
Besides, the language of the act is not doubtful
In its natural import it applies as well to acts done
here as elsewhere. g.. sew"
presume the provision that the offender NAV be
tried in the district where he is arrested or in
tody has given some encouragement to the idea
that the act does not contemplate offences commit
ted within a State. There is nothing else in the
law to raise a doubt upon the point; and this is
not enough to require construction which would
render the whole legislation on the subject use
less.
Another question proposed is, whether passport
can be issued to any other person than a citizen of
the United States? The act saws in so many words
that it cannot, and am unable to make the pro-
hibition either stronger or palmer
1t appears that you have been requested to state
whether there is any form of certificate which
State officers may lawfully issue; and this question
also is referred to me. have not made any effort
to devise plan by which the law may be evaded
and simple people defrauded. The impostions
practsed upon the ilterate and unwary by the
fabrication of worthless passports led to the pas
sage OF the law which is under consideration
If there be any form by which it can be rendered
aborive, it Is neither your duty mine to find it
| out.
| Your letter of to-day, enclosing despatch from
| the American Consul at Hamburg, shows how
frlghttully, innocent men have been robbed by the
sale OF these spurious passports. advise that the
| notary who signed the paper which accompanied
the despatch be prosecuted under the act of ls56-
He is clearly within its penal provisions.
| Yours, very respectfully J. S. BLACK.
Hon. Lewis Cass, Secretary of State