No. 360.
Mr. Foster
to Mr. Evarts.
Legation of
the United States,
Mexico, July 28, 1879.
(Received August 12.)
No. 1002.]Sir: I am gratified to announce that the
matriculation of American citizens through this legation has been resumed by
the Mexican Government, upon the basis insisted upon by me, though the
minister of foreign affairs reserves the question under discussion for
future liberty of action.
On the receipt of your dispatch No. 642, of the 16th ultimo, I embodied the
same in a note which I sent to the minister of foreign affairs on the 2d
instant. Under the same date I addressed the minister a second note, of
which I inclose a copy, in which I renewed the application for the
matriculation of Mr. Gustavus Sommer, whose matriculation had heretofore
[Page 820]
been refused and which had given
rise to the discussion in question.
Under date of the 9th instant Minister Ruelas sent me a note acknowledging
receipt of my note of the 2d instant, in which I had embodied the views of
your said dispatch, and stated that it would be made the object of a special
study. The next day he sent me a note in reply to my new application for the
matriculation of Mr. Sommer, inclosing the desired certificate of
matriculation, and stating at the same time that his government reserved
liberty of action in analogous cases, and even in the case of Mr.
Sommer.
As the point at issue had been waived by the Mexican Government in granting
the matriculation, I did not think it desirable to prolong discussion by
making any reply to the reservation mentioned in Mr. Ruelas’s note.
Pending the foregoing stated correspondence, Mr. Blanchard B. Kelly,
following the example of other American residents during the suspension of
applications through the legation, went in person to the foreign office to
obtain his matriculation, presenting in support of his application the
passport of the Department of State, No. 4939, of March 14, 1878. His
application was refused upon the ground that he must present evidence to
show whether he was a native or naturalized citizen of the United States, as
appears by his letter addressed to the consul-general, of which I inclose a
copy.
After the action of the Mexican Government in the matriculation of Mr.
Sommer, which occurred subsequent to the refusal in the case of Mr. Kelly, I
advised the latter gentleman to renew his application through the legation.
I accordingly sent a note to Mr. Ruelas on the 25th instant, making
application for Mr. Kelly’s matriculation, basing it exclusively upon his
passport from the Department of State. Mr. Ruelas replied promptly on the
next day, sending the certificate of matriculation without any question as
to the insufficiency of the passport. It is to be hoped, therefore, that a
similar course will be followed in the future, and that thus the past
difficulty may be avoided. Since the 10th instant I have also obtained the
matriculation of several citizens upon naturalization papers, certificates
of consuls, &c.
I have, &c.,
[Inclosure 1 in No. 1002.]
Mr. Foster to Mr.
Ruelas.
Legation of the United States,
Mexico, July 2,
1879.
Sir: In view of the explanations contained in
my note of this date regarding the regulation under which passports are
issued to citizens of the United States, and of the position maintained
by my government, I have respectfully to renew the application
heretofore made for the matriculation of Mr. Gustavus Sommer, a resident
of this city, whose American citizenship is attested by the passport of
the Secretary of State of the United States.
With an earnest desire to meet the views of your excellency’s department
and to comply with the requirements in regard to matriculation, I have
indorsed on said passport the certificate of this legation that said
document is in full force and vigor for the purpose indicated, and that
Mr. Sommer is recognized by this legation as a citizen of the United
States and entitled to all the rights and privileges as such. As your
excellency’s department has frequently matriculated American citizens
upon the simple statement of this legation to that effect, it is
believed that such declaration will facilitate the matriculation now
asked.
Your excellency will please accept with this opportunity the reassurance
of my high respect and esteem.
[Page 821]
[Inclosure 2 in No.
1002.—Translation.]
Mr. Ruelas to Mr.
Foster.
Department of Foreign Affairs,
Mexico, July 9,
1879.
Mr. Minister: I have had the honor to receive
yonr excellency’s note of the 2d of the present month, relative to the
matriculation of American citizens. Its contents shall be the object of
a special study, and, as soon as it shall be possible for me, I will
hasten to communicate to your excellency the resolution of the
President.
Meanwhile, I improve the opportunity to reiterate to your excellency the
expression of the distinguished appreciation with which I am your very
attentive servant.
[Inclosure 3 in No.
1002.—Translation.]
Mr. Ruelas to Mr.
Foster.
Department of Foreign Affairs,
Mexico, July 10,
1879.
Mr. Minister: I have had the honor to receive
the attentive note of your excellency, dated the 2d of the present
month, and with it the passport issued in favor of Mr. Gustavus Sommer
by the Department of State in Washington, on the 16th of May, 1873,
countersigned by your excellency on the 1st instant, and the effect
noted of having made known that the legation in your worthy charge
recognizes said Sommer as a citizen of the United States of America, and
entitled to all the rights and privileges as such.
Without entering upon an examination of the principles set forth in the
note to which you refer me, and giving attention only to the simple
manifestation of the legation of the United States of America, which,
without doubt, has reliable proofs of the American citizenship legally
acquired by Mr. Gustavus Sommer, I have the honor to send inclosed with
the passport before mentioned the certificate of the matriculation in
the books of this department, at the same time that the government of
the republic reserves the liberty for its proceedings in analogous
cases, and finally to act in accordance with the law in the case even of
Sommer.
I have the honor to be, with the expression of my highest esteem, your
excellency’s very attentive, faithful servant,
[Inclosure 4 in No. 1002.]
Mr. Kelly to Mr.
Strother.
No. 24 Calle be Cadena,
City of
Mexico, July 5,
1879.
Dear Sir: A few days since I called at the
office of foreign affairs for the purpose of obtaining from the Mexican
Government a letter of matriculation in conformance with a requirement
of this government.
I presented my passport dated at the Department of State, City of
Washington, March 14, 1878, which I was requested to leave a few
days.
To-day on applying again for letter of matriculation, I am told that my
passport is not sufficient; that it must be accompanied by a certificate
from the United States consul-general that I am a native born citizen of
the United States.
It is in order to obtain such a certificate that I have the honor to
address you, and of subscribing myself your most obedient servant,
[Inclosure 5 in No. 1002.]
Mr. Foster to Mr.
Ruelas.
Legation of the United States,
Mexico, July 25,
1879.
Sir: I respectfully request your excellency to
issue a letter of matriculation to Mr. Blanchard B. Kelly, resident in
this city, who is registered in the consulate-general in
[Page 822]
this city as a citizen of the United
States, and recognized by this legation as entitled to all the rights
and privileges as such, upon the faith of the passport of the Secretary
of State inclosed herewith.
With a renewed expression of my high esteem, I remain your excellency’s
obedient servant,
[Inclosure 6 in No.
1002.—Translation.]
Mr. Ruelas to Mr.
Foster.
Department of Foreign Affairs,
Mexico, July 26,
1879.
Sir: In reply to your excellency’s note of
yesterday, I have the honor to send to you inclosed the certificate of
matriculation which has been issued to Mr. Blanchard B. Kelly as a
citizen of the United States of America, and I return to you his
passport.
I have the satisfaction of renewing to your excellency the assurances of
my distinguished consideration.
