The Passport in America: The History of a Document

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Authors: Craig Robertson
Tags: Law, Legal History, Emigration & Immigration
issuing passports. Approximately one thousand passports are issued annually.
1835
In Urtetiqui v. D’Arcy (34 U.S. [9 Pet.] 692), the Supreme Court rules that a passport only provides prima facie evidence of citizenship.
1838
Responsibility for issuing passports is transferred to the Home Bureau of the State Department.
1845
The State Department issues the first known circular regarding the passport application process.
1846
A second circular clarifies the specific documents a passport applicant has to submit as evidence of personal identity and citizenship.
1847
In an attempt to standardize passport policy, the Secretary of State notes that free African Americans are issued a special certificate, not a regular passport.
1856
Congress passes the first law that clarifies passport policy, specifying that passports can only be issued to citizens and giving the secretary of state the sole authority to issue passports. It also introduces the first passport fee: $1 for passports issued abroad (11 Stat. 60, sec. 23, Rev. Stat. 4075).
1861
From August, the departure and entry of persons at U.S. seaports is subject to a series of regulations that require the presentation of passports. This is a result of the outbreak of the Civil War.
In August a new State Department policy requires applicants to submit additional proof of citizenship in the form of an oath of allegiance. (This remains in force until 1973.)
1862
A passport fee of $3 is introduced (12 Stat. 432, 472).
1863
In March part of the 1856 act is repealed so the State Department can issue passports to noncitizens who are eligible for military service but are leaving the country having paid a bond (12 Stat. 754).
1864
Passport fee increased to $5 (13 Stat. 223, 276).
1865
From June, people entering and leaving the United States no longer have to present passports.
1866
With the end of the Civil War, Congress once again makes it law that passports can only be issued to citizens (14. Stat. 54: Rev. Stat, 4076, 4078).
1869
The State Department issues the first General Instructions for passport applicants.
1870
Oaths, affidavits or affirmations needed in application are required to be made under penalty of perjury (16 Stat. 368–69).
In a State Department reorganization, the Passport Bureau is created.
1871
The $5 passport fee is abolished.
1873
The validity of the passport is extended from one year to two years.
The General Instructions of September 1 make the oath of allegiance a formal requirement. It also includes a new requirement that, in the case of naturalized citizens, the spelling of the applicant’s name has to be the same on the application and the naturalization certificate provided as proof of citizenship.
The Passport Bureau is abolished. The Bureau of Archives and Indexes becomes responsible for the issuance of passports.
1874
A $5 fee is reintroduced for the passport.
1886
The Secretary of State clarifies that it is department policy not to issue passports to Mormons who are seeking to make proselytes.
1888
The State Department creates separate application forms for native citizens, naturalized citizens, and persons claiming naturalization through husband or a parent. The passport fee is reduced to $1.
1892
The phrase “Good for two years from date” is printed on passports.
1896
The “General Instructions for Passport Applicants” is renamed “Rules Governing the Issuance of Passports.”
1902
A Passport Bureau is reestablished. Governors of United States insular possessions are authorized to issue passports (32 Stat. 386).
1903
At the request of immigration officials, U.S passports issued to citizens of Chinese descent include a disclaimer that possession of a passport does not guarantee entry to the United States.
1905
Disclaimer on U.S. passports issued to Chinese is removed. Concern over the stamping of the secretary of state’s signature on the passport results in a facsimile signature being engraved on the plate from which passports are

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