Mr. Strobel to Mr. Olney.

No. 75.]

Sir: Referring to my No. 74, of this date, transmitting copy and translation of the principal provisions of the act of the Chilean Congress organizing the national guard, I have the honor to report that I have received several personal applications from American citizens established in this country, requesting the intervention of this legation for the purpose of securing the exemption of their children, born in Chile, from the service required by the above law.

To these applications I have replied that, although by section 1993 of the Revised Statutes of the United States, children of American fathers, born abroad, are citizens of the United States, the law can not be construed so as to exempt them from the allegiance due to the country of their birth as long as they remain within its territory, provided that, by the law of the country where they are born and reside, such children are citizens of that country.

As by the Chilean constitution (Chapter IV, article 6, paragraph 1) all persons born in Chile are Chilean citizens, I have declined to interfere in these cases.

I have, etc.,

Edward H. Strobel.