of all departments, dated March 25 last, relating to Nicaraguan citizenship. You will notice the absolute claim, without distinction, that all persons born on Nicaraguan soil are citizens of Nicaragua regardless of parentage, and consequently liable to all forced loans and exactions placed upon all citizens of the Republic, even in greater degree if they question the authority. It seems to me that the wording of this circular also includes all Nicaraguans who have been naturalized abroad and have returned to their native country without exception. I deem it proper to call your attention to this circular for the reason that I have already an application from Mr. Henry Cole, a native of Rivas, Nicaragua, whose father was born in the United States but for years practiced medicine at Rivas and died there. The son was educated in the United States and speaks English well. He has always considered himself a citizen of the United States, has been so treated by the local authorities, and has a passport (now expired). As he has no property upon which the Government can levy a forced loan they may not trouble him, but he fears a demand for military service and so presents his case to me. I have written him to make immediate application for a new passport and that I would do what I can to protect him. I know Mr. Cole personally as a respectable man, well known in Rivas. This circular of Minister Gámez will doubtless cause more applications to this legation for relief from forced exactions, and, if the war continues, from military service. It will therefore be agreeable to me if you will instruct me how I am to proceed in such cases. Meanwhile I shall, as in the Cole case, request proof of American citizenship under our laws before opening any case with the Nicaraguan Government. This matter has also a special interest at this time, arising from our proposition now made to Nicaragua for a naturalization treaty. With assurances, etc., WILLIAM LAWRENCE MERRY. [Inclosure. Translation.] Circular from Nicaraguan Government relative to responsibility for loans and contributions from natives of Nicaragua with foreign parentage, etc. MANAGUA, March 25, 1907. MESSRS. POLITICAL CHIEFS: The Government has seen with regret that some Nicaraguans with the antipatriotic end of liberating themselves from the public charges and from the contributions of the natives, renounce their country and claim to be foreigners on their own soil, pretending that they are covered by the flag of their predecessors, who were European immigrants domiciliated and having died in the country, and with this proceeding to secure the inaction of the lower authorities, who many times do not know how to proceed, I give you the following instructions in order that you will bring it to the notice of all the officials under you. Article 19 of the political constitution of 1826 establishes, that all are natives that are born in Nicaraguan territory; the article 19 of that of 1838 copies the same decision, and the 17 of that of 1858 declares that the natives of the Republic are Nicaraguans. Consequently all born on our soil under the constructional régime of these three political constitutions are and will be Nicaraguans, although when they may be sons of illustrious Europeans and not of humble foreign immigrants who, in conformity with these same constitutions, have been Nicaraguans by the act of having domiciliated themselves among us. Consequently you can demand of these false foreigners, born before the year 1893, all the services and contributions which you demand of the sons of Nicaragua, but in the higher ratio to punish them for their want of patriotism. You will have it thus understood and you will please order the publication of this resolution, that it may reach the notice of all. I am your attentive and obedient servant, the minister of government and foreign relations, GÁMEZ. File No. 6272/1. No. 1.] The Acting Secretary of State to Minister Merry. DEPARTMENT OF STATE, SIR: The department has received your No. 1277, of April 25, 1907, relative to the position taken by the Nicaraguan Government on the subject of the citizenship of persons born in Nicaragua of foreign parents, and submitting a circular from the Nicaraguan Government to the political chiefs, which begins as follows: "The Government has seen with regret that some Nicaraguans, with the antipatriotic end of liberating themselves from public charges and from the contributions of natives, renounce their country and claim to be foreigners on their own soil, pretending that they are covered by the flag of their predecessors, who were European immigrants domiciliated and having died in the country," etc. The law of Nicaragua relating to nationality was transmitted to your Legation September 25, 1906, by the minister of justice, and one article is as follows: "1. Those born in Nicaragua of Nicaraguan parents or of foreigners domiciled therein" are Nicaraguans. (Report of the Citizenship Board, p. 467.) The circular which you now transmit does not, in fact, appear to go beyond the established law of Nicaragua, and, in the absence of any cases of its enforcement to the oppression of American citizens, seems to require no representation from this Government. You state, however, that Mr. Henry Cole, a native of Nicaragua, whose father was born in the United States and who was himself educated in this country, has applied to you for a passport, and you ask whether he should be granted one. You add that he has one which is about to expire and has always been treated as an American by the local authorities. If he is prepared to comply with the rules governing applications for passports, the department sees no reason for his not receiving a passport, and applications for passports from persons similarly situated may also be granted. It does not seem necessary to anticipate a conflicting claim on the part of the Nicaraguan Government to the services of those who are in good faith American citizens, and if cases of such conflict should arise in the future, their treatment would depend largely upon the circumstances surrounding each case. I am, etc., ROBERT BACON. File No. 8352/1. No. 4.] Minister Merry to the Secretary of State. AMERICAN LEGATION TO COSTA RICA, NICARAGUA, AND SAN SALVADOR, San Jose, Costa Rica, August 24, 1907. SIR: I have the honor to forward herewith (inclosure No. 1) printed copy and translation of instructions from the British minister at Guatemala City, addressed to the British consul at San Juan del Norte, and by him to the vice-consul at Bluefields, who publishes them for the information of British subjects on the Atlantic coast of Nicaragua. You will note thereby that the British Government practically abandons the protection of the "children of British fathers who, having been born in Nicaragua, remain within the jurisdiction of that Government." That this is the result of the note remains proven by the fact that the Managua Government now claims the allegiance of all natives born in Nicaragua, with the right to tax and make them pay forced loans and perform military service. In registering American citizens in Central America, the consular officers are finding many of them under same conditions and others who are naturalized citizens, without interests in the United States or really intending to return there, although they so aver when asking registry. My attention having been specially called to this on the Atlantic coast of Nicaragua, I have replied that an intention expressed under oath can not well be questioned on the first registration, but that the consular officer can judge, if it is made in good faith, by subsequent registry, and must himself be the judge of an honest compliance with the new law, which can not fail, if properly enforced, to affect unfavorably the status of many naturalized citizens of the United States permanently domiciled in Central America. With assurance, etc., WILLIAM LAWRENCE MERRY. [Inclosure.] BRITISH VICE-CONSULATE, Bluefields, Nicaragua, August 2, 1907. His Britannic Majesty's minister for Central America sent the undersigned, British vice-consul at Bluefields, for His Britannic Majesty's consul at San Juan del Norte, the following: "You will understand that the rights of the children of British fathers born in a foreign country to British nationality and to the privileges it carries with it remain in full force anywhere but in the country of their birth, and even there, too, if the laws of that country do not determine otherwise. But if that country claims their allegiance, and they choose to remain there in spite of that fact, His Majesty's Government does not protect them. "It would be well for you to let this be known to the British subjects in your consular district." I call the attention of British subjects to the above decisions of His Britannic Majesty's minister. J. A. BELANGER, Vice-Consul. File No. 8352/1. No. 5.] The Acting Secretary of State to Minister Merry. DEPARTMENT OF STATE, Washington, September 11, 1907. SIR: The department has received your dispatch No. 4, Nicaraguan series, dated August 24, 1907, transmitting a copy of the instructions. of the British minister to Guatemala to the British consul at San Juan del Norte, Nicaragua, that the children of British fathers born in Nicaragua and remaining under the jurisdiction of that country will not be protected by the British Government. You state that there are many American citizens born in Central America of American parents; but the department does not deem it expedient or necessary to lay down any rule with reference to their status. Being under our law citizens of the United States, they may be registered as such if they are able to comply with the regulations governing registration. You state further that many naturalized American citizens without interests in the United States or a real intention to return thereto have applied for registration, and that you have instructed American consuls that when a naturalized citizen expresses, under oath, an intention to return, his right to register can not well be questioned upon his first application. Your attention is called to the department's circular of April 19, 1907, entitled "Expatriation," from which you will perceive that, under the law, a naturalized citizen who resides for two years in the country of his origin or for five years in any other foreign country shall be presumed to have accomplished expatriation from the United States; but that the presumption may be overcome upon the presentation of satisfactory evidence under the rules established by the department; and the circular states the points to which evidence to overcome the presumption must be directed. It also states that mere assertions, even under oath, that any of the reasons for continued residence exists shall not be accepted as sufficient to overcome the presumption of expatriation. Therefore, when any naturalized citizen to whom the act of March 2, 1907, refers applies for registration he should not be registered unless it is clearly established that he has not accomplished expatriation under the law. You will instruct the consuls accordingly. I am, etc., ALVEY A. ADEE. SEARCHING OF THE PACIFIC MAIL STEAMER SAN JUAN BY NICARAGUAN AUTHORITIES. File No. 7945/6-7. Minister Merry to the Secretary of State. [Extracts.] No. 5, Nicaragua.] AMERICAN LEGATION TO COSTA RICA, NICARAGUA, AND SALVADOR, San Jose, Costa Rica, August 29, 1907. SIR: I have the honor to advise receipt yesterday of a dispatch from Consul Olivares, Managua, dated August 7, stating that the Pacific a See page 3. Mail steamship San Juan, en route from Panama to San Francisco and calling at Corinto en route, was searched by the Nicaraguan authorities at that port under orders from the Managua Government, notwithstanding the protest of the master, copy of which I inclose herewith. As Consul Olivares informs me that he cabled the information to you, I confine my action to communication by mail. The consul also states that it is the intention of the Government to search other northbound steamers from Panama for contraband of war, although Nicaragua claims to be at peace with her northern neighbors. With assurances, etc., WILLIAM LAWRENCE MERRY. [Inclosure.] Marine note of protest. AMERICAN CONSULAR SERVICE, Port of Corinto, August 5, 1907. On the 5th day of August, in the year of our Lord 1907, before me, H. H. Leonard, American consular agent for Corinto and the dependencies thereof, personally appeared H. L. Jones, master of the vessel called the San Juan, of New York, of the burden of 1,496 tons or thereabout, and declared that on the 1st day of August last past he sailed in and with the said ship from the port of Ancon, Canal Zone, laden with general merchandise, and arrived in the ship at Corinto, August 5, 7.30 a. m., and having been advised by the comandante of the port that he had orders from the President of Nicaragua to search the ship for contraband of war, I asked the comandante whether war had been declared, and his answer was "no." Then I informed the comandante that in my judgment it was against all international law to search ship without declaration of war. His reply was that he did not wish to have any trouble over this matter, and said he would go ashore and interview the President again. At 9.30 he returned on board ship with orders from the President to search ship. I complied with his request, informing him it would be done under protest to the United States Government; search began at 9.30 a. m. and ended at 10.30 a. m. without having found anything, and hereby enters this note of protest accordingly, to serve and avail him hereafter, if found necessary. SIR: I have to acknowledge the receipt of your dispatch No. 5, Nicaraguan Series, of the 29th ultimo, inclosing a copy of the protest of the master of the Pacific Mail steamship San Juan against the searching of that vessel at Corinto by the Nicaraguan authorities. In reply I inclose herewith, for your information, a copy of the department's instruction to the consul at Managua, in answer to his telegram reporting the search of the vessel. ALVEY A. ADEE. I am, etc., |