No. 358.
Mr. Foster
to Mr. Evarts.
Legation of
the United States,
Mexico, July 18, 1879.
(Received August 12.)
No. 996.]
Sir: I transmit herewith a copy of a communication
from Mr. Strother, consul-general in this city, referring to citizenship of
James W. Smith, lately deceased, and to the rights of his minor
children.
During the French intervention and Maximilian empire in Mexico in 1866–’67,
Mr. Smith rendered important services to the republican army and government,
both personal and of a pecuniary or property character, whereby a claim
accrued to a considerable amount, say $150,000 or more. In 1876 Mr. Smith
took part in the revolution under General Porfirio Diaz, and upon the
triumph of the revolution and the establishment of the same as the
government of Mexico, Mr. Smith was appointed to and accepted the position
of colonel in the Mexican army, and was understood to be in said service at
the time of his death.
The Mexican law of January 30, 1856, now in force, says:
Art. 7. The foreigner shall he held as
naturalized:
I. If he accepts any public charge (cargo) of the nation or belongs
to the army or navy.
The government official organ has recently referred to this law and stated
that according to its provisions foreigners who accept any office in the
government, either civil or military, by that act become Mexican
citizens.
It is highly desirable that the status of American citizens who accept
service under the Mexican Government be fixed and made known, as the cases
are not unusual.
I have, therefore, respectfully to request the views of the Department upon
the questions presented in Consul-General Strother’s communication and the
facts noticed in the present dispatch.
I am, &c.
[Page 816]
[Inclosure in No. 996.]
Mr. Strother to Mr.
Foster.
United
States Consulate-General,
City of
Mexico, July 15,
1879.
Sir: I would beg leave to present for your
consideration some questions which have been suggested by the
application of Mrs. Mary Smith for permission to register the birth of a
child at this consulate-general.
The case may be stated as follows: It appears from the official records
that on the 6th day of April, 1864, James Wiley Smith, a native of
Louisiana, and recognized citizen of the United States residing in
Mexico, and Mary Miller, a daughter of John Miller, a citizen of the
United States residing in the city of Puebla, were lawfully married in
the presence of Marcus Otterbourg, United States consul at this city,
and other witnesses. It further appears from the same record that on the
15th of June, 1869, the said James Wiley Smith, before John S. Cripps
acting vice-consul of the United States, made declaration that on the
30th of May, 1869, a son was born to him by his lawful wife, Mary Smith,
and named James Wiley Smith, which birth was duly registered in the
consular record book for the uses and purposes thereto pertaining.
There is evidence to show that a second son was born on the 27th January,
1872, named John Barton Smith, but for some reason not explained, the
birth of this son was not entered on the consular record.
It is also of public notoriety that some time during the year 1877, the
said James Wiley Smith, otherwise known as “Santiago Smith,” accepted a
position in the Mexican military service under General Porfirio Diaz,
since President of the republic.
Oh the 5th June, 1879, the said James Wiley Smith died leaving a widow
and two sons.
On Monday, 14th instant, the widow, Mary Smith, appeared at this
consulate-general, attended by the proper witnesses, and requested
permission to register the birth of her second son, John Barton Smith,
born January 27, 1872, as above stated, desiring to secure for him such
claim to American citizenship as the act of registration is presumed to
exhibit.
Under the circumstances I decided to accord the permission, and the
registration was completed.
Nevertheless, the case suggests three questions which I beg leave to
present to higher authority for solution.
- First. If a native-born citizen of the United States residing in a
foreign country should, under any circumstances, enter the civil or
military service of the said country without first obtaining
permission from his own government, does he thereby forfeit his
claim to his former citizenship?
- Second. If so, does this forfeiture react upon the claims and
privileges supposed to be secured to a child previously registered
at an American consular office?
- Third. After the death of the father, under the circumstances as
stated, will the declaration and registration by the widowed mother
be recognized as of any validity in securing the desired privileges
to the orphaned children?
I am, &c.,
DAVID H. STROTHER,
United States
Consul-General.
