Office of the Historian

Mr. Hill to Mr. Lenderink.

Department of State,
Washington, April 29, 1901.
No. 188.]

Sir: I have to acknowledge the receipt of your No. 185, of the 25th ultimo, reporting the application for a passport of Mr. Isadoro Solis Marrero, a native of Porto Rico, who has resided in Chile since 1884, and who proposes to return to Porto Rico within two years.

You ask for instructions from the Department. In reply I have to say that the language of the Porto Rican law is to be construed in its general legal sense, in which continual personal presence is not necessary to constitute continuous residence. A native of Porto Rico who makes it the place of his permanent domicile does not, therefore, lose the benefits of the act because he was temporarily abiding elsewhere when it went into effect.

As regards the protection which you should accord, a Porto Rican is entitled under the law to the fullest protection. The legation should see that the applicant enjoys every right and that no obstacle be placed in the way of his contemplated departure from Chile for Porto Rico. It is deemed wise, at this time, to defer issuing passports to Porto [Page 33] Ricans until the Supreme Court of the United States shall have rendered its decision defining their status. In explanation of the Department’s attitude on this subject, I inclose a copy of a letter to Messrs. Mulholland and Hickcox, of New York, dated April 24, 1901.

I am., etc.,

David J. Hill,
Acting Secretary.
[Inclosure.]

Mr. Hay to Messrs. Mulholland and Hickcox.

Department of State,
Washington, April 24, 1901.

Gentlemen: The Department has received your letter of April 23, resubmitting the application for a passport of Mr. Pedro A. Fernandez with corroborative testimony of two witnesses, who state that he is, as he alleges, a native of Porto Rico and now resident in the United States, this testimony being in reply to the Department’s request therefor of April 20.

The truth of Mr. Fernandez’s allegations thus appears to be established, and he is under the law entitled to the protection of the United States as a citizen of Porto Rico. The precise status of citizens of that island is, however, now awaiting judicial definition by the Supreme Court of the United States, and the form of the passport which this Department might issue in Mr. Fernandez’s favor would be materially affected by the decision of the court, which is daily expected. It is not, therefore, deemed advisable, at this time, to issue a passport in Mr. Fernandez’s favor, but you are advised that he may proceed upon his travels, and in case of his requiring such protection as a diplomatic or consular officer of the United States may properly render, he is authorized to apply to the nearest one and present this letter as his authorization for so doing.

I am, etc.,

John Hay.