No. 734.] Mr. Finch to Mr. Hay. AMERICAN LEGATION, Montevideo, Uruguay, March 4, 1904. SIR: I inclose copy and translation of a communication, with accompanying certificate," from the minister of foreign affairs of this Republic, in relation to the recent detention and discharge of Louis E. Hufnagel by the Uruguayan military commander at Paysandu, Uruguay. Mr. Hufnagel is the bearer of passport No. 19, issued February 3, 1904, in renewal of passport No. 8, issued March 11, 1902, the latter in compliance with your No. 188, dated June 28, 1901, signed Hill, acting. 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 bis 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. Respectfully, WILLIAM R. FINCH. [Inclosure. Translation.] Mr. Romeu to Mr. Finch. MINISTRY OF FOREIGN AFFAIRS, MR. MINISTER: On answering your excellency's note dated 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. 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., JOSÉ ROMEU. No. 256.] Mr. Hay to Mr. Finch. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 733, of the 3d, and your No. 734, of the 4th ultimo, in regard to the arrest of Louis E. Hufnagel for failure to report for military duty in Uruguay. You state that he was subsequently released. In reply 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. The question is fully discussed and numerous precedents are given in Van Dyne on Citizenship, section 8. I am, etc., JOHN HAY. No. 754.] Mr. Finch to Mr. Hay. AMERICAN LEGATION, Montevideo, Uruguay, May 21, 1904. 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, WILLIAM R. FINCH. [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 1995 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., WILLIAM R. FINCH. [Inclosure 2.-Translation.] Señor Romeu to Mr. Finch. MINISTRY OF FOREIGN AFFAIRS, 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., Mr. Adee to Mr. Finch. JOSÉ ROMEU. No. 262.] DEPARTMENT OF STATE, SIR: The Department has received your No. 754, of May 21 last, relative to the case of Louis E. Hufnagel, who received a passport from you, the Department having instructed you in its No. 256, of April 8, that he was not exempt from allegiance to Uruguay, the country of his birth, if the laws of that country provide that those who are born and reside therein are citizens thereof. You ask whether, under the circumstances, his passport should be withdrawn. In reply you are informed that the Department's instruction to you of June 28, 1901, No. 188, stating that Mr. Hufnagel was entitled to the protection of this Government, and consequently to receive a passport during his minority, because his parents were at the time of his birth American citizens, is not withdrawn; but "it has been repeatedly held by the executive branch of this Government that our statute declaring children born abroad of American citizens to be themselves citizens can not, consistently with our established rule of citizenship by birth in this country, operate extraterritorially so as to relieve any person born and residing in a foreign country and subject to its government from his allegiance to that country." (Van Dyne on Citizenship, p. 35.) While, therefore, Mr. Hufnagel can not be protected from his obligations to the Government of Uruguay, he is at the same time, as an American citizen, entitled to a passport for such purposes as it may properly be used to serve. I am, etc., ALVEY A. ADEE, Acting Secretary. REVOLUTION IN PARAGUAY. Mr. Ruffin to Mr. Loomis. No. 160.] AMERICAN CONSULATE, Asuncion, Paraguay, August 11, 1904. SIR: I beg to confirm my telegram of to-day stating that a revolution has broken out in this Republic, and to explain that same was sent in Spanish because the telegraph office would not receive either cipher messages or telegrams in English, giving as their reason that there was declared a censure on messages going out of the country. The translation of same is as follows: Paraguay in state of seige. the Government have fought. consulate should give asylum. Revolutionary forces on the river and those of Since sending you this telegram the river encounter has been confirmed, and the Government forces were defeated, the minister of the interior, who led the forces, being taken prisoner." The state of siege as declared you will find on the accompanying page in Spanish." This declaration places the entire country under military laws, and the Government is amassing a large number of troops to suppress the revolution. It is impossible at present to say whether it will be of long or short duration. The revolutionary forces are proceeding up the river in boats, and the Government has placed or erected defenses along the river near the capital. Upon inquiries as to the cause of this revolution I am informed that the opposition to the Government is that the party in power is endeavoring to exclude entirely the liberal element from participation in the administration of affairs, assigning that said party, which is in power, which is denominated "Colorados," have not sufficient persons prepared for the administration of the Government. On the other hand, the "Colorados" assign that the revolution is due to ambitious persons who form an opposition and are classed under the name "Azul," colorados meaning "reds" and azul "blues." DEPARTMENT OF STATE, Washington, August 15, 1904. Consulate should not be used as an asylum for political refugees. No. 799.1 ADEE. Mr. Finch to Mr. Hay. AMERICAN LEGATION, Montevideo, Uruguay, December 26, 1904. SIR: Peace in Paraguay. The revolutionists have triumphed. The agreement entered into at Formosa, Argentina, has finally been signed by the revolutionary leaders and the Government's representatives, General Ferreyra, the military leader of the revolution, being the last one to sign, and on account of his unexplained hesitation it was feared, for a few days, that the agreement would fail. I inclose translation of the agreement or treaty of peace. Respectfully, ** * WILLIAM R. FINCH. a Not printed. |