No. 422.
Mr. Manning to Mr. Bayard.
Legation of
United States,
Mexico, December 3, 1886.
(Received December 11.)
No. 28.]
Sir: Referring to my No. 25, of 30th ultimo, with
inclosures, relative to the position of the United States Government with
regard to the doctrine of involuntary change of allegiance, as embodied in
Article 1, Chapter V, of the Mexican Law of Foreigners, I have the honor to
transmit
[Page 678]
herewith copy and
translation of Mr. Mariscal’s reply of 1st instant (see Inclosure No. 1 in
my No. 25) upon that subject in which he says:
In reply, I have the honor to say to your excellency that I have
noted all that you are pleased to state to me regarding this matter;
but I can not nor should n6t discuss with your legation the right
which Mexico has to issue laws that emanate directly from the
provisions of its constitution, unless some practical case arises to
give occasion to such debate. Your excellency will, therefore, not
be surprised that on this” occasion I leave unanswered your
arguments against Article 1, Chapter V, of the law referred to.
I am, etc.,
[Inclosure in No.
28.—Translation.]
Mr. Mariscal to Mr.
Manning.
Department of Foreign Affairs,
Mexico, December 1,
1886.
Mr. Minister: I have the honor to acknowledge
receipt of your excellency’s note dated yesterday, in which you are
pleased to inform me, under instructions from your Government, and with
reference to Article 1 of Chapter V of the law of foreigners and of
naturalization, of May 28 of the current year, that the United States,
while claiming for aliens within its jurisdiction and conceding to
American citizens in other jurisdictions the right of expatriation, has
always maintained that the transfer of allegiance should be by a
distinctly voluntary act; and that the loss of citizenship can not be
imposed as a penalty nor a new national status forced as a favor by one
Government upon the citizens of another.
In this connection your excellency sees fit to state that the notice
given by your legation to the United States consuls and to American
citizens to the effect that the latter would be considered by the
Mexican Government as Mexican citizens unless they complied with certain
legal requisites cannot be interpreted as an admission of the right of
Mexico to change by legislative decrees the national status of
foreigners without their consent.
In reply, I have the honor to say to your excellency that I have noted
all that you are pleased to state to me regarding this matter; but can
not or should not discuss with your legation the right which Mexico has
to issue laws that emanate directly from the provisions of its
constitution, unless some practical case arises to give occasion to such
debate. Your excellency will, therefore, not be surprised that on this
occasion I leave unanswered your arguments against Article 1, Chapter V,
of the law referred to.
I renew, etc.,
