[Inclosure 1 in No.
190.]
Mr. Little to Mr.
Uhl
Consulate of the United States,
Tegucigalpa, June 15, 1895.
No. 34.]
Sir: There are a number of persons in this
consular district who, at one time or another, have become
naturalized citizens of the United
[Page 936]
States, and who, though now resident in this
country, regard themselves as entitled to the rights of such
citizens. As it is quite probable that cases may arise in which such
persons may claim their rights before this consulate, I deem it
proper to ask such general instructions as the Department may care
to give without having a particular case brought before its notice.
This becomes all the more important in view of certain provisions of
the recent law relating to the foreigner, a translation of which I
inclosed in my dispatch, No. 26, dated April 27. I desire
instructions as to the following points:
- 1.
- Where a citizen of Honduras has become a naturalized
citizen of the United States and afterwards returns to this
country and engages in business, does he at once lose his
rights as a naturalized citizen of the United States? If
not, after what period of time? In its dispatch, No. 112, of
date February 14, 1894, addressed to my predecessor, Mr.
Peterson, the Department decided that Alonzo Yalenzuela, an
individual of the class mentioned, had lost his rights as a
naturalized citizen of the United States. In this case,
however, the party concerned had been a resident in this
country some ten years.
- 2.
- Where a person, native of some other country than
Honduras, has become a naturalized citizen of the United
States and afterwards comes to Honduras and declares it his
intention to make it his permanent residence, does he lose
his rights as a naturalized citizen of the United
States?
I am, etc.,
Wm. M. Little,
United States Consul.
[Inclosure 2 in No.
190.]
Mr. Adee to Mr.
Little.
Department of State,
Washington, July 13,
1895..
No. 27.]
Sir: Your dispatch, No. 34, of the 15th
ultimo has been received. You therein state that there are a number
of persons in your consular district who at one time or another have
become naturalized citizens of the United States, and who, though
now resident in Honduras, regard themselves as entitled to the
rights of such citizens. In view of certain provisions of the recent
Honduranean law relating to foreigners, you desire instructions as
to when a native of Honduras, who has become a naturalized citizen
of the United States and afterwards returned to Honduras, may be
deemed to have lost his rights as a naturalized citizen of the
United States; and also as to the status of a naturalized citizen
similarly situated, who was a citizen of some other country than
Honduras.
The United States have no naturalization treaty with Honduras. In
other cases where naturalization treaties have been concluded, as
with the German States and Austria, the return of a naturalized
citizen to the country of origin and residence there for two years
maybe deemed prima facie evidence of an intent on his part to resume
his original status, but this presumption, like any other, may be
offset by evidence of bona fide conservation of his acquired
citizenship.
Where no treaty exists, as in this case, the test of time alone is
not satisfactory, the conditions of domicile being more to the
point. If the circumstances of return are such as to indicate a
definitive abandonment of residence and domiciliary or
representative business interest in the United States and a
resumption of Honduranean domicile, with
[Page 937]
its corresponding obligations, the effective
renewal of the original status may take place immediately upon the
return to that country.
Much the same thing occurs in the case of a naturalized citizen of
other than Honduranean origin, if he removes to Honduras with a
declared or evident intention to reside there permanently; that
intention may be regarded as constituting a voluntary abandonment of
the status acquired in the United States by naturalization, but the
inherent presumption is not as strong as in the case of a returning
person of Honduranean origin.
Strictly speaking, it is not competent for the executive branch to
determine that a person has lost the status of citizenship acquired
by naturalization, and you should be careful to eliminate any ideas
of forfeiture of American nationality by reason of domicile in
Honduras. The facts of a given case, however, maybe and frequently
are such as to constrain this Department to regard an American
citizen domiciled abroad as having by his voluntary act absolved
this Government from the discretional obligation to protect him as a
citizen during his residence in such foreign country; but should he
return to the United States, the legal question of his citizenship
may perhaps offer no doubts, and his rights be judicially held
intact within our own jurisdiction.
I am, etc.,
Alvey A. Adee,
Acting Secretary.
