No. 294.

Mr. Nelson to Mr. Fish

No. 429.]

Sir: The Mexican department of foreign affairs, under date of the 28th of July ultimo, issued a circular to the governors of States upon [Page 651] the subject of foreign citizenship, a copy and translation of which are herewith inclosed, (A and B.)

The object of this circular is stated to be to procure the readier and more punctual observance of the accompanying decree of March 13, 1863, upon the same subject, and to prescribe certain new rules and regulations for the registration of foreign residents. Of these, the most important are those which concern those foreigners who have acquired their citizenship by naturalization, in respect to whom it is provided that for the purpose of registration and the consequent recognition of their actual citizenship by the Mexican government, they must present, not merely the diplomatic or consular certificates required in all cases, but also their original naturalization papers, and only when the loss or destruction of such papers is sufficiently proven will other proofs of equal force be admitted to show that the interested person legally obtained his naturalization, after observing the conditions of residence and the other conditions required by the laws of the country in question.

Moreover, the fact of such registration at the department of foreign affairs is to be considered as affording only a legal presumption of the citizenship therein ascribed to any foreigner; the government reserving to itself the right to ignore such registered citizenship whenever it may, by any means, become satisfied that the entry was unduly made.

Your obedient servant,

THOMAS H. NELSON.

[Translation.]

Department of Foreign Affairs, Chancery Section.

This ministry has noticed that the governors of States, when they call for certificates of matriculation, in conformity with the third article of the law of March 16, 1861, they frequently do not keep in view the explanation of the eleventh article thereof, contained in the decree of March 13, 1863, which is inclosed with this circular for its readier and more punctual observance.

It is ordered therein that for the registration of any foreigner, it shall be sufficient that there be presented at this ministry a proof of his nationality certified by the proper diplomatic or consular agent, when the said individual possesses by birth the nationality attributed to him in the certificate, but not when he has acquired it by naturalization, and that in the latter case there must be presented to the government an incontrovertible proof that the interested party has complied with the conditions regarding residence and the other conditions prescribed by the naturalization laws of the country in question. It is, therefore, indispensable for the ready fulfillment of the said decree, that the governors and other functionaries through whose agency foreigners may solicit the certificates of registration contemplated by law, shall take care that the proofs of nationality sent in such cases to this ministry possess the necessary conditions, for which purpose the following rules are to be observed:

1. The certificate of nationality issued by a diplomatic or consular agent will be sufficient, whenever it is expressed therein that the person interested is a native of the country represented by said agent.

2. Whenever the passport mentioned in article 11 of the law of March 16, 1861, shall be presented as a proof of nationality, the said document shall be legalized by the proper diplomatic or consular agent, and accompanied by a certificate that the interested person is a native of the country represented by said agent.

3d. The proof to be presented by persons naturalized in a foreign country shall be the naturalization paper, duly legalized; and only when its loss or destruction shall be sufficiently proved, or that such document was not necessary under the laws of the country in question, other proofs of equal force may be admitted to show that the interested person legally obtained the alleged naturalization.

4th. Every proof of foreign nationality which shall not combine the requisites specified in some one of the preceding rules shall be of no value when presented for the purpose of obtaining a certificate of matriculation.

It is proper to note in this circular that a registration constitutes merely a legal presumption that a foreigner possesses the nationality therein assigned to him, and by [Page 652] virtue of such presumption he shall receive the legal treatment to which he is entitled by international prescription or by special treaties; but whenever it shall be discovered that, by a mistake of whatever kind, he has been registered in this ministry under a nationality which he does not possess by the laws of the country in question, the government of the republic cannot continue to treat him as possessing such nationality.

All which I communicate to you by order of the citizen president of the republic, for your information and observance in the part corresponding to your official functions.


MARISCAL.

[Untitled]

Department of Foreign Affairs and of the Interior.

The president of the republic has been pleased to address me the following decree:

“The citizen Benito Juarez, constitutional president of the United States of Mexico, to all the inhabitants thereof:

“Know ye that, by virtue of the extraordinary faculties with which I am invested, I have been pleased to promulgate the following decree:

Article 1. It is hereby declared that in the eleventh article of the law published on the 16th of March, 1861, which provides that for the inscription of an individual in the register of foreigners, and the issue to him of a certificate thereof, it shall suffice that he present to the ministry of foreign affairs a declaration of his nationality, certified by the proper diplomatic or consular agent; it is to be understood to imply ‘when the person interested shall have originally possessed the nationality attributed to him by the certificate,’ but not when he shall have obtained it by naturalization, in which latter case, in order to be recognized as possessing such nationality, he shall present to the government an indisputable proof of having fulfilled the conditions of residence and the other conditions prescribed by the naturalization laws of the country in question.

Article 2. As the government of Mexico has neither the power nor the will to alter the legislation of other countries in regard to the requisites therein prescribed in order to obtain naturalization, all the declarations and recognitions of nationality as obtained by naturalization, without the proof of previous compliance with such requisites, shall remain without effect until such proof shall be presented.

Article 3. The declarations of Spanish nationality made in consequence of steps which have been taken in the time and manner prescribed by the decree of August 10, 1842, are hereby confirmed.

Article 4. Mexicans are prohibited from executing or alleging an irregular naturalization, under penalty of deportation for five years.

Article 5. The Mexicans who, during the present foreign war or any other of the same character, shall renounce their nationality, shall be punished as traitors, and their property confiscated to the extent determined by the civil authority, to be applied to the expenses and damages of the war.

“Therefore I order the above decree to be printed, published, circulated, and duly obeyed.

“Given in Mexico, the 13th of March, 1863.

“BENITO JUAREZ.

“The citizen Juan Antonio de la Fuente,

Minister of Foreign Affairs and of the Interior.”

And I communicate it to you for its observance and other legal effects.


FUENTE.