No. 93.
Mr. Reinberg to Mr. Davis.
Guayaquil, Ecuador , February 15, 1885. (Received March 6.)
Sir: The U. S. S. Wachusett arrived at this port on the 9th instant, and at 7 p.m. of the same day I received Secretary Frelinghuysen’s cablegram as follows:
Great interest here in Santos case. Two resolutions passed the House. If necessary employ counsel, Department’s expense, for his and his property’s protection. See him in person.
On the following day, the 10th instant, Commander Mahan and self called on His Excellency the President, requesting again the liberation of Mr. Santos. His Excellency disclaimed on this occasion any executive power, informing us that as the seat of the Government was at Quito, and that as he was here on a visit, the present head of the Republic was the Vice-President of the Republic. However, he confidentially stated to us that Mr. Santos was an Ecuadorian citizen in accordance with article 2 of the naturalization treaty of 1872 between the United States and Ecuador. As a proof of his statement he further said that Mr. Santos having returned to his native country and established a commercial house at Bahia, and having resided more than six years after his return without having visited the United States during that period, he had lost his rights as an American citizen and was again a citizen of Ecuador.
[Page 234]I in return cited Mm the following articles:
Article II.
If a naturalized citizen of either country shall renew his residence in that where he was horn, without an intention of returning to that where he was naturalized, he shall he held to have reassumed the obligations of his original citizenship, and to have renounced that which he had obtained by naturalization.
Article III.
A residence of more than two years in the native country of a naturalized citizen shall be construed as an intention on his part to stay there without returning to that where he was naturalized. This presumption, however, may be rebutted by evidence to the contrary,
and told him that my Government considered Mr. Santos a citizen of the United States, and that as the matter of his citizenship was in doubt for the reasons above given, Commander Mahad would immediately proceed to the port Bahia with Agent Goddard for the purpose of seeing the prisoner, and that he would take Mr. Santos’s declarations and learn whether the prisoner’s intention was to reside forever in Ecuador or whether this presumption could be rebutted. I consequently telegraphed Secretary Frelinghuysen:
Wachusett here. Commander and self have seen President Caamaño, who disclaims executive power, but states confidentially Santos is Ecuadorian citizen, as he has returned to and resided in Ecuador six years. Quotes naturalization treaty 1872. Wachusett will go to Bahia with Goddard to see if Santos can rebut presumption.
On the 13th instant the U. S. S. Wachusett left for Bahia, to take Goddard on board and return to Manta, as I have lately learned that the prisoner has been now removed to Monte-Cristi, a town one hour’s ride from the port Manta.
On the 11th of this month, nearly fifty days since the day Mr. Santos was imprisoned, I received a letter from him (copy of which I inclose). In it he says that his trial has not yet begun, and this treatment, even if he is an Ecuadorian citizen, shows how justice is administered in this South American Republic.
Hon. Horatio N. Beach, consul-general, now at Quito, has been informed by telegraph of the arrival of the Wachusett, of all the steps so far taken by this office.
I am; &c.,
United States Vice-Consul-General.