No. 503.
Mr. Fish to Mr. File.
Washington, June 22, 1872.
Sir: Your dispatch No. 45, of the 16th ultimo, upon the subject of Miguel Felipe and Bartholome Antich, natives of Venezuela, but naturalized [Page 717] in this country, has been received. The course taken by you in regard to the matter is approved. The Venezuelan minister for foreign affairs, however, seems to have mistaken the meaning of the clause of the constitution of that republic to which he refers as justifying their ‘claim to jurisdiction over those persons. That clause merely affirms a truism contained in many other constitutions, and founded upon public law, that all persons born in a country are to be regarded as citizens thereof. It does not deny the right of expatriation, as the minister appears to suppose. Few governments now make such a denial, and the Department is not aware of any law of Venezuela which prohibits emigration from that country and naturalization elsewhere. If, however, as appears to be the case, the persons referred to propose to return to the United States, that step, if carried into effect, would relieve us from further controversy in regard to their particular case.
I am, &c.,