Effect of passport. 324. A passport is a certificate that the holder is a member of the nation by which it is given. It must, until revoked, be taken in every other nation as conclusive evidence of such membership, subject to the local regulations for verification; and also subject, in the administration of justice in civil cases, to the rules of evidence applicable in the tribunals. See a somewhat different provision as to effect of passports of ships, in Article 279. The United States have treaties with several Powers regulating the rights of naturalized citizens of the United States, on their return to their native lands. The protection which the passport gives is regulated in every such case by the terms of the treaty. Copies of several of these treaties are given in Appendix No. 2, of U. S. Consular Regulations, 1870. Certificates of citizenship have heretofore been issued by diplomatic and consular agents of the United States to persons residing in foreign lands, and claiming to be American citizens. But the issue of such certificates, except in the form of passports, is now expressly prohibited. U. S. Cons. Reg., ¶ 109. Passports not to be required. 325. No nation, unless engaged in war, shall require passports from members of the other nations. This rule, already practically adopted by several nations, should seem a reasonable and convenient one for all the nations uniting in the Code. Some of the treaties, however, sanction the requirement of passports; for instance, that of the United States with the Swiss Confederation, Nov. 25, 1850, Art. IV., 11 U. S. Stat. at L., 589. During the Franco-Prussian war of 1870, France required passports duly certified by the French authorities, from all persons landing in France, without respect to age, sex, or nationality. They who were not thus provided were liable to be turned back or detained. Armed expeditions. 326. The liberty of entry into a nation extends only to individuals and peaceful companies. Armed foreigners are not entitled to admission into the territory of a nation, without express permission first obtained. Marten's Law of Nations, Bk. 3, ch. 3, § 2; Bluntschli, Droit Intern. Codifié, § 383. Searches and seizures. 327. The right of foreigners to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, must not be violated, and domiciliary visits can not be made in respect to them, without legal warrant. This provision is from the treaty between Great Britain and Colombia, Feb. 16, 1866, Art. XVIII., { " Accounts and Papers, 1867, vol. LXXIV., (36.) Italy, Aug. 6, 1863, XVII., {Accounts and Papers, 1864, vol. LXVI., (35.) Constitution of the United States, 4th Amendment. Treaty between the United States and Hayti, Nov. 3, 1864, Art. VIII., 13 U. S. Stat. at L., 711. The latter provides, that “there shall be no examination or inspection of the books, papers, or accounts of the citizens of either country resid ing within the jurisdiction of the other, without the legal order of a competent tribunal or judge." The treaty between the United States and Peru, July 26, 1851, Art. XIX., (10 U. S. Stat. at L., 934,) provides, that citizens of one nation within the other shall not be liable to imprisonment without formal commitment under a warrant signed by a legal authority, except in cases flagrantis delicti, and shall in all cases be brought up for examination within twentyfour hours after arrest, and if not so examined shall be discharged. Unusual burdens not to be imposed. 328. No other or more burdensome conditions can be imposed on foreigners, or on their enjoyment of the rights mentioned in this Code, than on the members of the nation where they reside. But this provision does not extend to the exercise of political rights, nor to a participation in the property of communities, corporations, or institutions of which such foreigners shall not have become lawful members or co-proprietors. This provision is from the treaty between the United States and the Swiss Confederation, Nov. 25, 1850, Art. I., 11 U. S. Stat. at L., 588. Many other treaties contain a provision to the same general effect. A clause securing equality of taxes and imposts is contained in most of the other treaties of the United States; but that subject is more specifically regulated in Chapter XXX., entitled TAXATION. The uniformity of charges upon vessels is more specifically treated in the Title on IMPOSTS, in Part III., entitled UNIFORM REGULATIONS FOR MUTUAL CONVENIENCE. The treaty between France and Switzerland, concerning the establishment of members of either nation within the other, June 30, 1864, (9 De Clercq, 91,) subsequently extended to the French colonies, (9 Id., 372,) provides that Frenchmen, without distinction of faith, shall be received and treated in each canton of Switzerland in the same manner as those of Christian faith who come from the other cantons of Switzerland, and shall not be subjected to any other burdens than such members of other cantons, and declares the rule for the Swiss in France to be reciprocal. Removal. 329. Foreigners have the right at all times freely to quit the territory, if not detained for crime or debt, pursuant to the laws. Bluntschli, Droit Intern. Codifié, § 392. Removal in case of war is provided for in Book Second, on WAR. 330. Members of any nation are at liberty, subject to the provisions of this Code, freely to come with their ships and other property to all resorts of commerce in the territory of the other nations; to acquire real and personal property for any lawful occupation; to manage their own affairs themselves or by such agencies as they please; and to carry on trade lawfully in the country. This article is suggested by the following treaties, by which its substance is to a greater or less degree already adopted between the nations specified. Treaty between Great Britain and Salvador, Oct. 24, 1862, Accounts & Papers, 1863, vol. LXXV., (47.) Nicaragua, Feb. 11, 1860, Id., 1860, vol. LXVIII., (30.) Mexico, Feb. 26, 1826, 3 Hertell, 251. Colombia, Feb. 16, 1866, Accounts & Papers, 1867, vol. LXXIV., (36.) Italy, Aug. 6, 1863, Id., 1864, vol. LXVI., (35.) Belgium, July 23, 1862, Id., 1863, vol. LXXIII., (45.) And see Treaty between Great Britain and Prussia, August 16, 1865, Accounts & Papers, 1866, vol. LXXVI., (38.) Treaty between the United States and Dominican Republic, Feb. 8, 1867, Art. III., VI., 15 U.S.Stat. at L., 60. San Salvador, III., IV., 10 Id., 891. onfed-July 27, 1853,“ II., VIII., 10 ld., 1006, 1008. eration, Nicaragua, Citizens and foreigners are also placed on an equality in respect to property and business, by the following: Treaty of commerce and navigation between France and The Free Cities of Lu-) The Grand Duchy of litz, March 4, 1865, Art. I., 9 De Clercq, 187. June 9, 1865, Art. I., 9 Id., 295. Treaty of commerce between France and Austria, 11 December, 1866, 9 De Clercq, 646. These references might be extended by enumerating earlier treaties, but enough are given to show the virtual abandonment of the old principle of the disabilities of aliens. Many of the treaties simply authorize hiring. Vocations generally. 331. Members of any nation have the same rights of following any vocation in any of the others, as the members of the latter. But this provision does not extend to officers and official trusts; and is subject, also, to the right of the State to determine by law what persons may engage in particular occupations within it. The treaties referred to under Article 329 do not generally extend the stipulations for rights of occupation to other vocations than those of commerce. The Treaty between the United States and the Swiss Confederation, however, extends to it all professions. See, also, treaty between France and Peru, March 9, 1861, Art. II., 8 De Clercq, 193. By the treaty between the United States and The Two Sicilies, Oct. 1, 1855, (11 U. S. Stat. at L., 639, Art. VI.,) it is provided that the reciprocity established shall not extend to premiums which either nation may grant to their own citizens or subjects to encourage the building of ships to sail under their own flag. For a statement of the existing rules in England, France, and several other countries, as to the disabilities of aliens, and a history of the relaxation of these restrictions, see Alexander Cockburn on Nationality, ch. 5. SECTION III. RIGHTS OF RELIGION. ARTICLE 332. Freedom of conscience. 333. Sepulture. Freedom of conscience. 332. Foreigners cannot be molested, prejudiced, or questioned, for their religious belief, or practice in worship, or be compelled to conform to the religious worship of others; but they must not show disrespect towards the religion, laws, and established customs of the nation in which they may be, and must not indulge |