Mr. Louis E. Hufnagel is the son of John G. Hufnagel, of Paysandu, a
naturalized citizen of the United States, but, now and for many years
previously a regular resident of this Republic. Louis E. Hufnagel was
born at Paysandu, and at the age of 17 was enrolled as a member of the
national guard. This guard has been called out to assist in suppressing
the impending insurrection, and, not reporting for duty, he was arrested
and held in the cuartel for a short time. His release was ordered by the
Government, but it does not concede his claim to exemption on the ground
that he is a bona fide citizen of the United States.
According to the constitution and laws of Uruguay Mr. Hufnagel, having
been born in the country, is a citizen thereof, and as such is subject
to military duty and any and all other duties legally imposed on
Uruguayan citizens.
[Inclosure.—Translation.]
Mr. Romeu to
Mr. Finch.
Ministry of Foreign Affairs,
Montevideo, March 2,
1904.
Mr. Minister: On answering your
excellency’s note elated the 25th of February last, relating to Mr.
Louis Hufnagel, I had the honor to inform you that his discharge
from the service of the national guard had been ordered, in the
understanding that said gentleman really was a North American
citizen, as was asserted.
I also said to your excellency that the military commander of
Paysandu, where Hufnagel resides, asserted that this gentleman was
born in that locality and was inscribed in the civil register, in
accordance with the laws and regulations on the matter, promising to
send the document proving this at the first opportunity.
In effect, I received to-day from that authority a testimonial in the
form of the registration of Hufnagel’s birth, as your excellency may
see by the inclosed copy duly certified by the secretary.
It states that on the 12th day of May, 1884, Mr. John Hufnagel
appeared before the justice of the peace of the first section of the
city of Paysandu to declare, in accordance with the law, that on the
10th of said month, at 10 a.m., a child was born, son of the person
declaring, who was named Louis Eugene, mentioning, in accordance
with the regulations, the names of the parents and grandparents of
the newborn child.
[Page 857]
Mr. John Hufnagel signed the act mentioned in the presence of
witnesses.
Now, according to the constitution of the State, Louis Hufnagel is a
native citizen of the Republic, and therefore enjoys all the rights
it consecrates, and consequently, in his turn, is subject to the
duties called for by citizenship.
Article 7 of the political code, which is the supreme law, the law of
laws, establishes the following: “All free men born in any part of
the territory of the State are native citizens.”
The same constitution determines the cases in which the exercise or
enjoyment of citizen rights are suspended or lost; but in no case
can the duties or obligations imposed by the laws regulating the
constitutional precepts be suspended or exonerated.
I know that in the matter of nationality and citizenship opinions
differ among authors, and that European legislation differs from the
American of a Spanish origin.
While some sustain and state in their political codes and in their
laws the personal principle which attributes to the son the
nationality of its parents, the others sustain the territorial
principle according to which the birthplace determines the
nationality.
The last-mentioned principle is the one which this Republic adopted
from the time of its independence, and this was established in its
constitution, sworn on July 18, 1830, from which date it has been
faithfully and invariably observed and fulfilled, as emanating from
national sovereignty.
States, in virtue of their sovereign rights, form their constitution
and their laws, and have for their people and for their territory an
independent legislation established in conformity with the
principles of the right of people, and is regulated in many cases by
conventional right; and the conflicts on legislation which may occur
between States are settled, when possible, by international accords
or treaties, but always in conformity with the fundamental
principles of the respective constitutions.
That conflict undoubtedly exists between the constitutions of Europe
and America, and thus it frequently happens that a native citizen
who, being obliged in his country to comply with all the duties of
citizenship, has to comply with them also in the country of his
parents, if he should happen to go there, even temporarily.
So that such an individual has a double nationality and consequently
has to fulfill duties in both, according to the place he is in and
the residence he may select in accordance with the principles of
nationality of his original or territorial birthplace.
Some nations have negotiated treaties to determine the condition of
naturalized citizens in the respective countries, reciprocal
concessions being made, but Spanish America, and especially the
countries of the Plata and the Pacific have imposed nationality in
an absolute manner on all those born within their territory,
whatever the nationality of the parents, and this is explained in a
very convincing and logical manner.
Our America being almost entirely populated by free men from all
parts of the globe, who preserve and wish to preserve their foreign
nationality, it is easily understood that their sons, born there,
must be declared native citizens, with the enjoyment of their rights
and subject to all the duties emanating therein, otherwise those new
nationalities could not have been formed, nor could they have
subsisted for the want of citizens were they declared incorporated
to the nationality of the parents.
I would fear to abuse the extreme benevolence of your excellency and
of your recognized eminence were I to abound in other considerations
to demonstrate that Mr. Louis Hufnagel, born in the territory of the
Republic, is an Uruguayan citizen according to the constitution of
the State, and consequently subject to the service of the national
guard as well as to all other citizen duties, and at the same time
able to enjoy all the rights it accords.
I do not know, nor is it my duty to investigate, the reasons which
may have mediated for him to have been furnished a passport as a
North American citizen. What is to me essential, and what I have
just done, is to demonstrate to your excellency in an
incontrovertible manner that Mr. Hufnagel is an Uruguayan
citizen.
With this motive, I am, etc.,
