No. 289.
Mr. Fish to Mr. Nelson.
Washington, February 13, 1872.
Sir: It is deemed important to call your attention to the laws and foreign office regulations of the Mexican government in regard to the matriculation, so-called, of foreigners in that country, which cannot be acquiesced in by this Government. It seems that a distinction is made between native and naturalized citizens of the country who may seek matriculation. The passport, say of this Department, is respected when issued to those born here, but the Mexican government assumes the right to inquire into the authenticity of certificates issued to naturalized citizens of the United States, and, therefore, will not respect the passports of this Department issued to such citizens. In this that government may be regarded as showing a want of comity, at least, which was not to have been expected. It is possible, however, that the distrust shown, as to our certificates of naturalization may have sprung from an impression that they are carelessly issued without due regard to the facts stated on their face. This distrust is believed to be quite [Page 388] unfounded, and to have very few instances in its support, and those mainly arising from such accidents as are inseparable under the best system from the multiplicity of naturalization cases.
A naturalization of a foreigner in the United States is the solemn act of a court of record. As such, no foreign government can rightfully question its sufficiency or inquire into the facts upon which it may have been based. A copy of the regulations of this Department in regard to passports is herewith transmitted. It will be seen from them that the greatest care is taken to prevent imposition by persons asking for passports as citizens. In the case of naturalized citizens, the presentation of the certificate of naturalization is required. The passport on its face” does not make any distinction between native and naturalized citizens, and it is conceived that no foreign government can without discourtesy, at least, to the head of this Department, attempt to make such a distinction.
You will consequently address a remonstrance and protest upon this subject to the Mexican minister for foreign affairs.
It may be said further that the law and regulations adverted to seem to ignore the fact as to the large number of persons in the United States who were naturalized by the treaty of Guadalupe Hidalgo. This Government has no disposition to assert rights of citizenship for any who may not lawfully be entitled to them. It cannot, however, allow any foreign government to sit in judgment upon that question.
I am, &c.,