File No. 21481/12.
Minister Brown to
the Secretary of State.
American Legation,
Tegucigalpa, August 24,
1909.
No. 109.]
Sir: I have the honor to submit herewith copies
of recent correspondence on the subject of the requirements of the
Honduranean laws for the registration of foreigners in connection with
the arrest and detention of Mr. John Hulse, an American citizen, at La
Ceiba.
As will be observed, the alien law (ley de extranjería), an extract of
which is inclosed, provides that all foreigners must register with the
competent authorities and be provided with a certificate of
registration; that article 25 states:
No authority or public functionary may recognize anyone as an
individual of a determined foreign nationality who does not
present his certificate of registration.
Inasmuch as the foregoing law implies that foreigners who are not
registered may not appeal to the protection of their nationality, I took
occasion in my note to the foreign office of the 14th instant (inclosure
No. 1) to state that—
While it is to be expected that foreigners in Honduras shall
conform to its municipal regulations, the failure of an American
citizen to be registered as an American with the local
authorities in no way can work forfeiture to his claims for
protection as such, and consequently to the good offices of the
American consul, whenever it may be deemed necessary.
While the reply of the minister for foreign affairs (inclosure No. 2) is
as unsatisfactory as it is awkward and ambiguous, yet I do not apprehend
it is the intention of the Honduranean Government to deny the right of
any American to appeal to his own representatives in case of need.
I submit, however, this most important matter for such instructions as
the department may desire to give in the premises.
I have, etc.,
[Inclosure 1.]
Minister Brown
to the Minister for Foreign
Affairs.
American Legation,
Tegucigalpa, August 14, 1909.
No. 48.]
Mr. Minister: I have the honor to submit
for such action as Your Excellency may deem proper the following
communication which was addressed by
[Page 362]
the commandante at La Ceiba to the acting
American consul on July 12 last, in reference to the arrest and
detention of Mr. John Hulse, an American citizen, late officer of
the United States Navy and at present manager of the
Lala-Ferreras-Cangelosi Steamship Co.:
“In order to be able to attend to the repeated claims (or complaints)
which you are pleased to make respecting American citizens who are
prosecuted with justice, I beg you will have them present the
certificate of their citizenship indorsed by the respective
authority, as there is no record of same here.
“Etc.,
“M. Rivas G.”
I will not further comment on this extraordinary communication than
to state that while it is to be expected that foreigners in Honduras
shall conform to its municipal regulations, the failure of an
American citizen to be registered as an American with the local
authorities in no way can work forfeiture to his claims for
protection as such and consequently to the good offices of the
American consul whenever it may be deemed necessary.
I avail, etc.,
[Inclosure
2.—Translation.]
The Minister for Foreign
Affairs to Minister Brown.
Ministry for Foreign Affairs,
Tegucigalpa, August 20, 1909.
Mr. Minister: I have the honor to refer to
Your Excellency’s attentive note dated the 14th instant, in which
you are good enough to transcribe the communication which the
American consul at La Ceiba received from the comandante de armas of
the Department of Atlantida, in reference to the presentation by
American citizens of their proofs of American citizenship.
I have duly considered the matter, and it is gratifying to be in
accord with Your Excellency, as provided by our laws, in so far as
foreign consular officials may loan all the good offices which the
legitimate interests of their compatriots may demand, especially
those relating to commerce, but I should indicate to you that
inasmuch as our fundamental law prescribes for foreigners the
enjoyment of the same civil rights and guaranties as natives under
the obligation of respecting the authorities and observing the laws
of the country, it is fair that American citizens, for the full
asserton of their rights, should be inscribed in this ministry,
which will extend to them the respective certificate without the
presentation of which, as our alien law declares, no authority or
public functionary may recognize anyone as an individual of a
determined foreign nationality; and I believe that this was why the
comandante of La Ceiba, relying on this legal requirement, directed
his communication to the American consul, believing, for my part,
this action justifiable, with the one exception that it should have
been a simple request that the American citizens should
register.
Furthermore, Your Excellency knows the upright and just spirit with
which my Government is animated for the arrangement of all matters
and always to make more effective, in accordance with its desires,
the rights and guaranties which our laws concede to foreigners, as
it is well understood that by this attitude it will notably favor
the immigration of the honorable and industrious class which,
dedicated entirely to work, contributes effectively to the progress
and prosperity of the nation.
I am communicating this day with the comandante, giving him
instructions in regard to the interpretation and application of the
law concerning the matter in question.
I avail, etc.,
[Subinclosure.—Translation.]
alien law, of february 8, 1906.
Section IV: Art. 21. The registration of
foreigners consists in the inscription of their names and
nationalities in a book reserved for that purpose in the ministry
for foreign affairs of the Republic.
[Page 363]
Art. 22. The foreigner who desires to
register and who may be in the capital of the Republic should
present himself at the ministry for foreign affairs; but if he is
elsewhere, to the governor of the respective department, with some
of the documents hereinafter designated:
- 1.
- The certificate of the respective diplomatic or consular
agent accredited in the Republic, provided that in this
certificate it is stated the interested party is a citizen
of the country in whose name the agent signs.
- 2.
- The passport with which the petitioner may have entered
the Republic, legalized in due form.
- 3.
- The naturalization papers, similarly legalized; and only
if he can offer sufficient proof of their destruction or
loss, or if these documents are not necessary according to
the law of the country from which he may have come, other
proofs of equal value may be accepted to the effect that the
party interested succeeded in acquiring the nationality
under which he is registered, without causing him any
further expense than that of the necessary stamped
paper.
Art. 23. The registration shall constitute
merely a legal presumption that the foreigner is of the nationality
therein attributed to him, contrary proofs being therefore
admitted.
Art. 24. The registration is proved by the
corresponding certificate, issued and signed by the minister for
foreign affairs, who alone is competent in this matter.
Art. 25. No authority or public functionary
may recognize anyone as an individual of a determined foreign
nationality who does not present his certificate of
registration.
