Mr. Pringle to Mr. Sherman.

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.,

D. Lynch Pringle.
[Inclosure 1 in No. 181.]

Mr. Pringle to Mr. Munoz.

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.

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.,

Jorge Muñoz.