Office of the Historian
No. 415.

Mr. Frelinghuysen to Mr. Morgan.

Department of State,
Washington, December 20, 1884.
No. 698.]

Sir: I am in receipt of your telegram of the 17th instant to the effect that your official diplomatic intervention in behalf of Monahan, had, on the ground that he is not matriculated, been refused by the Mexican Government.

This telegram is assumed to be in response to the Department’s instruction, instructing you to present evidence of Monahan’s citizenship. The object was to place on record in that case, as in any other of the same character which may arise, our official non-acceptance of the Mexican doctrine of matriculation.

There is perhaps in the relations of the two countries no one subject upon which an accord is more necessary than this of the right of the citizens of the one country in the territory of the other to the protection of their own Government. The Mexican law of matriculation seeks to impair this inalienable duty of protection by making its exercise depend [Page 571] upon a domestic law of one of the parties. We hold, in broad terms, that it is not within the scope of municipal legislation to impair the relation of an alien toward his own Government, or to impair the international right of his Government, as one among equals in the community of states, to intervene with another Government to secure him justice.

It is desired that you submit to the Department a report on this submit, which may be laid before Congress. This report should show—

(1)
The provisions of the Mexican matriculation law.
(2)
Whether applicable to transient sojourners, travelers, officers and crews of vessels, and the like, who have no purpose or opportunity of sojourn.
(3)
What rights as a foreigner are established by the fact of matriculation.
(4)
What rights are denied in the event of non-matriculation.
(5)
Whether the Mexican law denies the validity of any evidence of alien status save that presented by the certificate of matriculation; if not—
(6)
What evidence of citizenship may be presented to establish the fact of alienage.
(7)
A list of the cases in which, on proof of citizenship according to the laws of the United States, diplomatic intervention has been rejected because of non-matriculation.

In addition to this, your report may embrace any other pertinent consideration suggested by your familiarity with the subject.

I am, &c.,

FRED’K T. FRELINGHUYSEN.