No. 809.
Mr. Bragg
to Mr. Bayard.
Legation of
the United States,
Mexico, September 8, 1888.
(Received September 14.)
No. 140.]Sir: I have the honor to acknowledge your dispatch
No. 113, of date August 24, 1888, relating to the citizenship of Henry
Brudigam, under conviction for the crime of murder in the State of
Chihuahua, in Mexico, and who had claimed the protection of the Government
of the United States.
I have this day addressed Mr. Mariscal a note, advising him of the
conclusions arrived at by you in the case, a copy of which I inclose for
your approval; and have also advised the vice-consul at Chihuahua of the
same, that Brudigam may be advised in time to apply to his home Government,
if he shall so elect.
I am, sir, etc.,
[Inclosure in No. 140.]
Mr. Bragg to Mr.
Marisoal.
Legation of the United States,
Mexico, September 8,
1888.
Sir: Under date of March 29 last in a note to
your excellency, referring to the status of Henry Brudigam, an alleged
citizen of the United States, under conviction for the crime of murder
in the State of Chihuahua, I had the honor to request suspension
[Page 1228]
of further action in the
case, pending advices from my Government, on the question of the
citizenship of Brudigam, made in your excellency’s note under date of
March 28 last.
Under advices now received from my Government touching the citizenship of
Brudigam, after a careful investigation of all the facts bearing upon
the question, I am instructed to advise your excellency that the
question of “non-American citizenship of Brudigam “made by you seems
well taken, and that, by reason thereof, no further action will be taken
by it in the premises.
That the concession in this case may not in the future lead to any
confusion in its application, I have the honor to express to your
excellency the views of my Government in this regard.
The conclusion arrived at does not rest upon the fact that Brudigam was
foreign born, and had merely declared his intention to become a citizen
of the United States, but upon the additional facts that he neglected to
carry his intention so declared into effect, although ample time and
opportunity for doing so intervened, of which he neglected to avail
himself; but, on the contrary, abandoned the United States and
established his domicile in Mexico, where he was domiciled at the date
of the commission of the alleged offense.
And while I thus express the views of my Government upon the facts in the
special case, I am instructed to advise your excellency that it in no
wise recedes from its long-settled rule, i. e.,
“to claim for persons of foreign birth in the United States, though not
naturalized, those rights which the law of nations assigns to
domicile.”
I avail, etc.,
