Presuming it is official congressional portrait, it is inherently PD. If not, it is certainly PD because of its age.
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2009-09-15 19:27 Rrius 164×216× (14531 bytes) {{Information |Description = Portrait of Senator John Beard Allen of Washington |Source = http://bioguide.congress.gov/scripts/biodisplay.pl?index=A000130 |Date = c. 1890 |Author = United States Senate Historical Office?
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{{BotMoveToCommons|en.wikipedia|year={{subst:CURRENTYEAR}}|month={{subst:CURRENTMONTHNAME}}|day={{subst:CURRENTDAY}}}} {{Information |Description={{en|Portrait of Senator John Beard Allen of Washington}} |Source=Transferred from