Mr. Pringle to Mr.
Sherman.
Legation of the United States, Guatemala and
Honduras,
Guatemala, October 7, 1897.
(Received November 2.)
No. 181.]
Sir: I beg leave to report to you that on the
28th of September, 1897, I issued a passport to Mr. Leon Aparicio.
In accordance with the law, which requires all foreigners to be
registered as such, Mr. Aparicio applied to the minister of foreign
affairs for the usual certificate of registration, showing his passport
as proof of his citizenship.
Mr. Aparicio was refused the usual certificate on the ground that all
children born abroad of Guatemalan parents were citizens of the
[Page 339]
Republic of Guatemala.
Inasmuch as Mr. Aparicio was born in France, and distinctly renounced
his allegiance to the French Government when the first passport was
issued to him by Minister Young, No. 249, on the 8th of January, 1895,
duplicate on file in the Department, I contend that the Government of
this Republic can not apply the article of their constitution, which
says, “that all children born abroad of Guatemalan parents are citizens
of Guatemala,” as above stated. I believe that I am in the right in my
opinion.
I simply wrote to the minister and asked him his reasons, copy of which I
inclose; also copy of his answer, with translation.
Mr. Aparicio’s second application was sent to the Department by way of
California on the 5th instant, with the returns for the quarter ending
September 30, 1897.
Requesting the Department to instruct me as to whether the position taken
by me is sustained,
I have, etc.,
[Inclosure 1 in No.
181.]
Mr. Pringle to
Mr. Munoz.
Legation of the United States, Guatemala and
Honduras,
Guatemala, October 1,
1897.
Sir: Mr. Leon Aparicio, a duly naturalized
citizen of the United States, to whom I issued a passport on the
28th of September, informs me that the Government of this Republic
declines to recognize him as a citizen of the United States.
Mr. Leon Aparicio, having been born in France, and having renounced
his allegiance to the French Government, I think alters the
case.
Will you kindly inform me the reason of this action on the part of
your Government.
I renew, etc.,
D. Lynch Pringle,
Chargé d’Affaires ad
interim.
[Inclosure 2 in No.
181.—Translation.]
Mr. Munoz to
Mr. Pringle.
Government
Palace,
Guatemala, October 5, 1897.
Honorable Sir: Referring to your esteemed
note, dated the 1st instant, I have the honor to write to you giving
the information submitted by the subsecretary, which states:
Mr. Minister: As it appears from
what Leon Aparicio himself says, he was born in France in
the year 1872, being a descendant of Guatemalan parents, and
he afterwards became a citizen of the United States of
America.
With respect to his birth, we have to refer in this
particular to the constitutional act which was in force at
the time of the birth of Mr. Aparicio. The first act of the
law says that the sons of Guatemalan parents are
Guatemalans, although they may have been born in a foreign
country; and by virtue of this Mr. Leon Aparicio is a
Guatemalan, although he may have been born in France, and
afterwards may have been naturalized in the United States.
In this manner I have to comply with the wishes expressed in
yours of the 2d instant.
With assurances of my respect,
Jorge Prado.
Placing the above in your knowledge, I have the pleasure of renewing,
etc.,
