Mr. Finch to Mr.
Hay.
American Legation,
Montevideo,
Uruguay, May 21,
1904.
No. 754.]
Sir: I inclose copy of my note dated the 17th
instant, addressed to the minister of foreign affairs of this Republic,
in relation to the case of Louis E. Hufnagel, who claimed to be a
citizen of the United States, although born and residing in Uruguay, and
copy and translation of the minister’s response, dated May 19, 1904.
If the status of Mr. Hufnagel has been settled adversely to his
contention, should he be allowed to retain a United States passport?
I issued to Mr. Hufnagel on or about February 3, 1904, a passport in
renewal of the one issued to him on or about March 11, 1902, in
obedience to instructions from Acting Secretary Hill in a dispatch dated
June 28, 1901.
Respectfully,
[Inclosure 1.]
Mr. Finch to
Señor Romeu.
American Legation,
Montevideo, Uruguay, May
17, 1904.
Sir: In reply to dispatches from me in
relation to the arrest and subsequent release of Louis E. Hufnagel
at Paysandu, Uruguay, for failure to report for military duty in the
national guard of this Republic, the honorable Secretary of State at
Washington, under date of April 8, 1904, says:
“I have to say that, although by section 1993 of the Revised Statutes
of the United States children born abroad of American fathers are
citizens of the United States, the law can not be so construed as to
exempt them from the allegiance due to the country of their birth so
long as they remain within its territory, provided that by the law
of the country where they are born and reside such children are
citizens of that country.”
I am, etc,
[Page 859]
[Inclosure
2.—Translation.]
Señor Romeu to
Mr. Finch.
Ministry of Foreign Affairs,
Montevideo, May 19,
1904.
Mr. Minister: I had the honor to receive
your excellency’s note dated the 17th instant, in which you are
pleased to transcribe a communication addressed to your excellency
by the honorable Secretary of State at Washington, regarding the
nationality of Luis E. Hufnagel.
The doctrine expressed in that note is the same as that sustained by
this ministry, and I never doubted but that the illustrious and
upright Government of your excellency would recognize the right of
the national authorities to oblige Mr. Hufnagel to lend military
service, as a native citizen of Uruguay, according to the
constitution and the existing laws.
I am pleased, with this motive, to renew, etc.,
