Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1900
Mr. Conger to Mr. Hay.
Pekin China, November 28, 1899.
Sir: I have the honor to inclose herewith applications1 for passport of Logan Herbert Roots and Oliver Tracey Logan, which I have declined to issue on the ground that it would be contrary to the instructions and regulations of the State Department governing the issuance of passports, since in each case the applicant has no intention of returning to the United States, and so expressly states in his application.
I also inclose copies of correspondence with the United States consul at Hankau on the subject.
I have, etc.,
Mr. Squiers to Mr. Wilcox.
Pekin China, August 25, 1899.
Sir: The legation begs to return to you the passport application of Logan H. Roots, which accompanied your dispatch, No. 47, of the 9th instant, for the reason that the applicant in his affidavit states that he expects to reside permanently in China.
[Page 391]Under instructions from the State Department a passport can not issue to a citizen of the United States who has no intention of returning there to reside, but who intends to live permanently abroad. While very liberal in its requirements toward those engaged in missionary work as to when they expect to return, a definite intention to do so at some future time is always required.
As the applicant is a young man and will probably return many times to his home in the United States, although he may remain permanently engaged in missionary work in China, the application is returned to him for his further consideration and, if possible, a modification of his statement. In case he declines to do so, the application will be referred to the State Department for its consideration.
It is also noted that you failed to affix your consular seal to the affidavit.
I am, etc.
Secretary of Legation.
Mr. Wilcox to Mr. Squiers.
Hankau China, September 4, 1899.
Sir: I have the honor to return herewith the duplicate application of Logan H. Roots, and would kindly request that a passport be granted him.
In answer to a letter to the Department regarding missionaries who expected to always remain in China, and who did not desire to sign the statement that they intended to return to the United States to take up the duties of citizenship, I received the following instructions:
Department of State,
Washington, January 23, 1899.
L. S. Wilcox,
Esq.,
United States Consul,
Hankau.
Sir: The issuance of passports is not mandatory upon the Secretary of State, but permissory. Recognizing that such of our citizens who have gone to China to pursue their religious calling may not return, but continue their work indefinitely abroad, the Department is disposed to sanction their receiving passports on taking the oath of allegiance.
Thos. W. Cridler,
Third Assistant Secretary.
I have, etc.,
Mr. Squiers to Mr. Wilcox.
Pekin China, September 21, 1899.
Sir: Referring to the legation’s No. 428, of August 25 last, I beg to acknowledge receipt of your dispatch No. 50, of the 4th instant, transmitting for further consideration the passport application of Logan H. Roots.
Referring to the State Department’s instruction, on which you evidently base your request that a passport be issued to Mr. Roots, notwithstanding his declaration that he does not intend to return to the United States, I have to say that the issue of passports in China is, according to the regulations, entirely at the discretion of the minister, who is guided by the regulations and instructions of the Department on the subject. An instruction to you from the Department certainly would not govern, especially where, as in this case, it does not agree with the position taken in its various instructions to the legation on the same subject; and then, again, it would be necessary to know the facts presented by you in that particular case.
The issue of a passport to an applicant who declares that he has no intention of returning to the United States is contrary to the requirements of the form of application authorized by the Department, which reads: “I intend to return to the United States at a period which, owing to my occupation as missionary, can not be defined accurately.” No provision is made for any other statement.
[Page 392]Passports have been refused by this legation to persons who, in their applications, declined to state that they intended to return to the United States; but, on the contrary, as in the case in point, stated that they did not intend to do so.
Two of these cases were brought to the notice of the State Department and the following form of declaration suggested, which it was thought might cover them and at the same time meet with the approval of the Department.
“It is possible that I will remain permanently in China, and will continue during the balance of my life to be engaged in missionary work, and for that reason I am unable to say that I intend to return to the United States with the purpose of residing and performing the duties of citizenship therein, though I am still a loyal citizen of the United States.”
The Department declined “to approve of this formula or to suggest any other likely to satisfy the conscientious scruples which the applicants appeared to entertain.”
To make the position of the Department more plain to you, I will quote from an instruction on the same subject (No. 1470, July 20, 1897).
“The Department’s instructions have heretofore taken the ground that the vocation of the missionaries employed by societies established in the United States may not admit of any very positive declaration of intention to return to the United States, but some declaration of a more or less floating or indefinite character, although displaying the intent to return, is necessary.”
And further, “The Department can not authorize the issuance of a passport upon any declaration tantamount to the expression of an intenton not to return.”
In view of the practice of the legation heretofore in like cases, the regulations and instructions of the State Department on the issue of passports, I do not feel warranted, in the absence of the minister, in issuing this passport without his express direction to do so.
The matter can be brought to the attention of the minister on his arrival at Hankau, sometime in October.
I trust Mr. Hoots will not be inconvenienced by the delay.
I am, etc.,
Secretary of Legation.
Mr. Wilcox to Mr. Conger.
Hankau China, November 10, 1899.
Sir: I have the honor to return to you, as per request, the applications of Rev. L. H. Roots and O. T. Logan for passports; also my dispatch to the Department. I sent you their reply in a previous dispatch.
I have, etc.,
[No. 26.]
“Hon. David J.
Hill,
“Assistant Secretary of
State, Washington, D. C.
“Sir: I have the honor to ask for instructions regarding paragraph No. 169, C. R., and the oath required in application for passport. A number of missionaries, loyal citizens of the United States, have requested me to write to the Department in their behalf. They say they came here for their life work and expect to live and die here; that they can not take all of the above oath, for they never expect to return to the United States to perform the duties of citizenship. They are willing to take the oath of allegiance.
“I have, etc.,
Mr. Conger to Mr. Wilcox.
Pekin China, November 27, 1899.
Sir: The legation begs to return to you the passport applications of L. H. Roots and O. T. Logan which accompanied your dispatch, No. 55, of the 10th instant, and [Page 393] to say that these passports can not issue for the reasons already given in legation’s dispatch, No. 444, of September 21 last, and since confirmed by Department’s circular instruction dated September 26, 1899, and in which it is expressly set forth that “a passport should not issue to any person who does not intend to return to the United States,” as in Mr. Roots’s case, or whose express intention to return is negatived by circumstances attending his residence abroad. In Mr. Logan’s application he has allowed the printed form, “that I intend to return to the United States with the purpose of residing and performing the duties of citizenship therein,” to stand, but negatived this declaration by stating below, “I expect to remain in China in this work (medical missionary) permanently.”
Both of these cases have been referred to the State Department.
The passport fees, $4.22 (Mexican), are also inclosed.
I am, etc.,
- Not printed.↩