No. 420.
Mr. Manning to Mr. Bayard.
Legation of
the United States,
Mexico, November 30, 1886.
(Received December 8.)
No. 25.]
Sir: Under your instruction* No. 18 of 20th
instant, relative to a notice to Americans published by this legation in
August last, I addressed a note to Mr. Mariscal setting forth the position
of the United States Government with regard to the doctrine of involuntary
change of allegiance, as embodied in Article I, Chapter V, of the Mexican
Law of Foreigners, and herewith inclosed I transmit copy of my note to Mr.
Mariscal.
In this connection I deem it proper to inclose a circular letter issued by
this legation to the consular officers of the United States in Mexico under
date of the 4th ultimo.
I am, etc.,
[Inclosure 1 in No. 25.]
Mr. Manning to Mr.
Mariscal.
Legation of the United States,
Mexico, November 30,
1886.
Sir: Referring to the provisions of Article I
of Chapter V of the Law of Foreigners, which was published by your
excellency’s Government in the Diario Oficial of June 7, 1886, I have
the honor ttf say, under instructions from my own Government, that the
United States, while claiming for aliens within its jurisdiction and
freely conceding to its citizens in other jurisdictions the right of
expatriation, has always maintained that the transfer of allegiance must
be by a distinctly voluntary act, and that the loss of citizenship
cannot be imposed as a penalty, nor a new national
status forced as a favor by one Government upon a citizen of
another.
Not only is this believed to be the generally recognized rule of
international law, hut it is pertinent to notice that it was accepted
and acted upon by the mixed commission under the convention of July 4,
1868, between the United States and Mexico. The first umpire of the
commission, Dr. Francis Lieber, held, and the commissioners subsequently
followed his decision, that a law of Mexico declaring every purchaser of
land in that country a Mexican citizen, unless he expressed a desire not
to become so, did not operate to change, against their will, the national status of citizens of the United States
who had purchased land in Mexico, but who had omitted in so doing to
disclaim an intention to transfer their allegiance.
The advertised notice to Americans and the circular letters to United
States consuls in Mexico from this legation can not be interpreted as an
admission by this legation of the defensibleness on generally-accepted
principles of international intercourse, of legislative decrees changing
the national status of foreigners without their consent. Americans were
notified that unless they did certain things they would “be considered
by the Mexican Government as Mexican citizens.” This, it is to be
observed, does not assert or imply that this legation accede, to the
position of your excellency’s Government. But, in order to avoid any
question of this kind hereafter, I take this occasion to make known to
the Government of Mexico through your excellency that
[Page 673]
the Government of the United States does
not regard the publication of the notice above referred to as admitting
the doctrine of involuntary change of allegiance, or that the same can
be held conclusive upon our citizens, and that it is constrained to
withhold its assent from that doctrine as embraced in Article I, Chapter
V, of the law referred to.
I am, etc.,
[Inclosure 2 in No. 25.—Circular
letter.]
Legation of the United States,
Mexico, October 4,
1886.
To the Consular Officers of the United
States in Mexico:
Sirs: I have to request that you will at once,
and in the most effective manner, notify all Americans within your
consular district that in conformity with Article I, Chapter Y, of Law
on Foreigners, of June, 1886, foreigners who may have acquired real
estate or have had children born to them within the Republic will be
considered by the Mexican Government Mexican citizens, unless they
officially declare their intention to retain their own nationality, and
to that effect obtain from the department of foreign affairs a
certificate of nationality on or before December 4, 1886.
Said certificates may be obtained for Americans through the legation of
the United States in this city. Applications for same must be
accompanied by $1 for the necessary revenue stamps and 25 cents for
return postage, you collecting the same sum (25 cents) for your
postage.
No oath, declaration, nor personal description need accompany the
petition, but you should be satisfied that the applicant is an American
citizen.
I am, sir, etc.,
