Mr. Buchanan to Mr. Gresham.

No. 33.]

Sir: I have the honor to call the attention of the Department to the general use here by all of the foreign consuls, except the consul of the United States, of forms or certificates of nationality, or, as they are known in the language of the country, “papeletas” or “protection papers.”

The subject has been brought to my attention by our consul, and also by instances arising from the fact that, under the regulations governing the mobilization of the national guard now in progress, the police have authority to arrest persons liable for duty between the ages of 17 and 45 not reporting for drill unless they present a “papeleta” evidencing the fact of foreign birth or citizenship.

I find a wide difference in the form of certificate used by the different consuls.

These “papeletas” are printed in Spanish, and are asked for by foreigners, even though carrying a regular passport, to enable them to avoid impressment into the national guard and as a means of prompt identification should any trouble occur wherein the bearer found it necessary to establish at once the fact that he was not an Argentine subject.

In issuing these certificates the usual requirement of our consul has been an affidavit by the applicant that he is a citizen of the United States, supported by two witnesses known to the consul, who certify to the truth of the applicant’s statement.

Section 143 of the Consular Regulations of 1888 contemplates the use of such a certificate where “prescribed by the laws of the country in which the legation or consulate is situated.”

In the present instance, I do not understand, from an interview held last week with the minister of foreign affairs, that the Argentine Government prescribes any form of certificate, but that they accept the different forms now in use.

In all cases, the minister says, the “papeleta” is advisable in preference to a regular visaed passport, the police regulations contemplating that a foreigner shall have presented himself to his consul here and, being registered, be given a “papeleta,” which is the only form of certificate known to or accepted by the police. I requested the minister to favor me with a copy or a reference to the laws requiring or prescribing this; he could not at once cite the law, but said that it had been and continued to be the usage and custom of the Argentine Government, and that the requirements were assumed in all regulations concerning the general subject,

In view of the general use of such certificates by all foreign consulates [Page 19] or legations, I have the honor to recommend the adoption of some form of certificate for this legation and our consulate, and respectfully suggest such modifications or changes in the inclosed form as suggest themselves to your judgment.

In the event that some form is adopted, which I hope will be the decision of the Department, I beg to be advised of the conditions required to precede the issuing of such a certificate, and respectfully request the opinion of the Department on the following points:

(1)
The certificate certifying only to the fact that the bearer is a citizen of the United States, and being valid in this Republic alone, to what extent will the rules now in force in relation to granting passports govern the issuing of such a certificate?
(2)
Can such a certificate be issued to a known American citizen temporarily located here who has no passport?
(3)
Can such a certificate be issued to a native or naturalized American citizen resident here, engaged in business with the United States, intending at some indefinite time to return to the United States, who has no passport and has had none for more than two years past?
(4)
Can such a certificate be issued to a minor, born of American parents in the United States, who has since his early youth resided here with his parents, his father having no passport and presumably not entitled to one under the rules of the Department by reason of his seeming permanent residence here; the boy, however, declaring it to be his intention to go the United States before he becomes 21, and there become a citizen as provided by law? The “certificate” in this instance is necessary to secure him immunity from service in the national guard, he being over 17 years of age.
(5)
Can such certificate be issued to persons of known American birth long resident here, who still claim the United States as their country, who are engaged in commerce largely between this country and the United Stated, who have no domicile in the United States, no citizenship here, no passport, and no definite intention of returning to the United States except to visit it in the interest of their business, who assert their nativity and allegiance to the United States, and are zealous in doing everything they can to further the interests of their country and of their fellow citizens?

I have, etc.,

William I. Buchanan.