Mr. Combs to Mr.
Hay.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, June 5,
1903.
No. 69.]
Sir: Referring to your instruction No. 30,
dated April 18 last, I have the honor to report I took the matter of a
naturalization treaty up with Mr. Barrios by letter, a copy of which is
inclosed, marked No. 1.
In due course I received his letter of May 28 last, copy and translation
of which is attached, marked No. 2, in which, as you will see, he
maintains the position that “Guatemalans naturalized in another country
are upon their return to Guatemala again subject to the obligations of
their primitive nationality, from which there is no exemption.”
I rejoined with a note, a copy of which is hereto attached, marked No. 3,
in which I stated “When once a foreign-born citizen of another country
has legally become a naturalized citizen of the United States no other
power on earth can take his rights and privileges from him.”
I also thanked him for his promise to study the question and warned him
of the difficulties likely to arise should the matter be unarranged.
[Page 585]
I inclose the copy of a note from Mr. Posadas, marked No. 4, showing his
appreciation of the course taken by the Department of State in the
affair of his son.
I have, etc.,
[Inclosure 1.]
Mr. Combs to
Mr. Barrios.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, May 9,
1903.
Sir: I have the honor to copy, for
transmission to your excellency, the following paragraphs from a
recent instruction received from my Government at Washington:
The interview of March 21 referred to was that in which I had the
honor to discuss the Posadas case with your excellency. A portion of
the instruction reads literally: “You report an interview on the
subject which you had with the minister of foreign affairs on March
21, when he took the ground that many Guatemalans went to the United
States for a few years to obtain naturalization papers to avoid the
duties and obligations of citizens, and then returned to Guatemala,
where all their property interests lie,” and, “that the constitution
of the country declared all persons born in Guatemala subjects and
citizens of Guatemala whenever they were in the country, no
difference in what or how many other countries they had obtained
citizenship.
“From an examination of the copy of the Guatemalan constitution which
we have here, it would appear that it contains nothing more than a
provision similar to that in our own Constitution that all persons
born in the country are citizens thereof. Your dispatch would seem
to indicate that the Guatemalan constitution contains a provision
denying the right of expatriation. If such be the case, then the
same question of dual allegiance which we have with Russia and
Turkey would arise, and a satisfactory solution of the question
could be afforded by the conclusion of a treaty of naturalization
with Guatemala, if that country will agree to it. The Department
will be pleased to have you send to it a copy of the present
constitution of Guatemala for its use in considering the
matter.”
I reported, at the same time, an interview with President Estrada, a
part of which was as follows: “We had a full discussion, which
resulted in his agreement to have the order of detention imposed
upon Posadas canceled; to not ask a forced loan from him; and to
refer the principle here involved to Mr. Lazo Arriaga, at
Washington, for discussion and settlement.”
Submitting the above statements, I request your excellency to give me
the necessary data that I may inform the Department of State:
- First. If the Guatemalan constitution or laws deny the
right of expatriation, and, in the event there is such
prohibition by the laws or constitution, request that you
supply me with a copy of same for transmission.
- Second. I would also be pleased to know if it would be
agreeable to your excellency’s Government to carry out the
suggestion made by the Secretary of State of the United
States that a treaty of naturalization be formulated between
our Governments.
With sentiments, etc.
[Inclosure
2.—Translation.]
Mr. Barrios to
Mr. Combs.
Department of State, Republic of
Guatemala,
Guatemala, May 28,
1903.
Mr. Minister: On the 9th instant your
excellency was pleased to address me a note in which, after
transcribing to me the instructions which you had received from the
Department of State at Washington, concerning the Posadas case, you
ask me if our constitution or laws deny the right of Guatemalans to
expatriation; and if my Government is disposed to enter into a
treaty with the United States of America concerning
naturalization.
[Page 586]
Acceding, with pleasure, to the wishes of your excellency, I have the
honor to make known the following:
Although it is a fact, as indicated by the Department of State at
Washington, that the constitution of Guatemala makes no allusion to
the case of a Guatemalan naturalized in a foreign country, it was
not necessary that it should, especially since such cases are
comprehended in the provision of Article V, paragraph 1, of the
fundamental law of Guatemala, which considers as native Guatemalans
all those persons born or that may be born in the territory of the
Republic, the exception established by said article applying only to
children of diplomatic personages.
But if it is desired to find a provision perfectly applicable to the
case of Posadas, naturalized in the United States, we have Article
VIII of our law concerning foreigners, which says that the
Guatemalan naturalized in another country is, upon his return to
Guatemala, again subject to the obligations of his primitive
nationality from which there is no exemption. This law, which
considers the nationality of a Guatemalan merely suspended while he
remains absent from the Republic, is in conformity with our
constitution; a logical conseqence thereof applicable to concrete
cases such as that of Posadas.
I remit to your excellency a copy of our constitution and also one of
our law relating to foreigners, in accordance with the request
contained in the note to which I am replying. Concerning the
naturalization treaty to which your excellency alludes, I shall
study the question with pleasure, that we may later on endeavor to
carry it to a conclusion.
In the meantime, kindly accept, etc.,
[Inclosure 3.]
Mr. Combs to
Mr. Barrios.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, June 1,
1903.
Sir: I have the honor to acknowledge the
receipt of your excellency’s note of the 28th of May last,
expressing the view of the Government of Guatemala concerning the
status of American citizens born in Guatemala and note the laws
quoted, which are deemed by you to warrant that position. Your
consititution does not prohibit expatriation, and when once a
foreign-born citizen of another country has lega/iy become
naturalized as a citizen of the United States no other power on
earth can take his rights and privileges from him.
I note, therefore, with pleasure your promise to study the question
of a naturalization treaty, that we may later endeavor to carry it
to a conclusion, that we may have no conflict between our laws.
I fear future complications and irritation should these differences
be unarranged.
With assurances, etc.,
[Inclosure 4.]
Mr. Posadas to
Mr. Combs.
San
Francisco, April 17,
1903.
Sir: On the 10th instant I had the honor of
communicating to you by telegram my obligation to you for the
protection extended by you to my son Alberto against the oppressive
measures sought to be used by the local authorities against him. I
beg now more fully to repeat the expression of my thanks and to
explain to you the lack of foundation for the pretense that he is a
citizen of Guatemala. I left that country with my family in 1890.
Since that date our home has been in this city. Albert was at that
time not 10 years of age. When he reached his majority he chose this
country as that of his citizenship and obtained the right under its
laws. At the very moment at which he reached his manhood he took the
oath of fidelity to the United States and received from it the
invaluable evidence of his adoption as one of its citizens.
[Page 587]
I beg you will excuse the following recital in view of what may
happen hereafter. I have been a resident of this city since 1890. My
home was built by myself here. It has been constantly occupied by my
family. My two younger sons were born in it. Their evidence of their
nativity is recorded in this country. I am a naturalized American
citizen. I have property of some value at Mazatenango, Guatemala, in
charge of my agents, whose instructions require them to fulfill
faithfully and who do actually perform all the duties imposed by the
laws with regard to such property. The President, Mr. Cabrera, since
his ascension to office has constantly sought to injure me. In 1898
my brother, then a member of the national assembly, was my
representative in that country. This unfortunate brother was
murdered, shot in the back, at the very doors of the political
prefecture of Mazatenango. I instructed my new agent that he should
constitute himself the accuser of the murderer and his accomplices.
When judicial sentence had been pronounced against the chief of
these, Cabrera ordered the gates of the prison to be opened for his
benefit in violation of the law which forbids the President to use
the pardoning power when there is an accuser. I was compelled to be
silent, because I knew what the will of the President is to all the
citizens of Guatemala, as it was to my brother, the only law. In
November, 1902, the political chief of Mazatenango made up his mind
to take 80 fat steers from my haciendas. He did not carry out his
intention, because my agent at that time, Don Juan Maria de Leon,
informed him that the property belonged to an American. Lastly, as
you know, the same authority undertook to make my present
representative, my son Albert, pay $60,000 as war expenses, for
which I am not bound as a naturalized American citizen. We shall see
what further attacks follow, but I trust that you, sir, will be able
to protect my property, not only because of my American
naturalization, but also because of the citizenship of my minor
children, who were born here and of right are children of this
country.
Accept, sir, my lasting gratitude for the important service which in
such good season you were able to render to my house, and if in
anyway I can be of service to you in this city, command, etc.,
