Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1883

No. 397.
Mr. Morgan to Mr. Frelinghuysen.

[Extract.]

Legation of the United States,
Mexico, May 23, 1883. (Received June 14.)

No. 625.]

Sir: On the 15th March last, I applied to the department for foreign affairs for a certificate of matriculation in favor of William Lewis Zuber which would recognize him to be a citizen of the United States.

This application was made upon a passport issued to him from this legation on the 16th March, 1883. The passport was issued upon the faith of the affidavit of Mr. Zuber, and those of other citizens of the United States, and the statement of Consul Kelton.

* * * * * * *

The passport was issued with the view of obtaining a certificate of matriculation in favor of Mr. Zuber, and in compliance with the requirements of the law upon this subject.

Señor Mariscals calls my attention to the thirtieth article of the constitution, which provides, section 3, that foreigners who acquire real estate in the Republic, unless they declare their intention of retaining their nationality, become by that act Mexican citizens. He says that the records of his department show that on the 24th May, 1874, Mr. Zuber purchased a piece of urban property in Mazatlan without reserving his nationality, wherefore he is considered by the Mexican Government as a Mexican citizen, and a certificate of matriculation is refused.

I have written to Consul Kelton, through whom Mr. Zuber’s application came, for information respecting the al ieged purchase by Mr. Zuber of real estate in Mazatlan.

In the meanwhile I deem it proper to advise you of the application of the law cited by the secretary for foreign affairs, as I think, if the application is a correct one, there are hot a few Americans in the country who have become citizens thereof without knowing it.

I am, &c.,

P. H. MORGAN.

[Inclosure 1 in No. 625.]

Mr. Morgan to Señor Mariscal.

Legation of the United States,
Mexico, March 15, 1883.

Sir: I inclose herewith the passport issued by this legation to William Lewis Zuber, a citizen of the United States, with the request that your excellency will cause to be issued thereon the usual certificate of matriculation.

I renew, &c.,

P. H. MORGAN.

[Inclosure 2 in No. 625.]

Señor Mariscal to Mr. Morgan.

Department of Foreign Relations,
Mexico, May 21, 1883.

Mr. Minister: In reply to your excellency’s note of 15th March last, I have the honor to inform you that Article 30 of the constitution declares those to be Mexicans:

I. All those born within or without the territory of the Republic, whose fathers are Mexicans.

II. Foreigners who become naturalized in conformity with the laws of the federation.

III. Foreigners who acquire real estate in the Republic, or who have Mexican sons, when they have not expressed the determination to preserve their nationality; and as it appears from the records of this department that Mr. William Lewis Zuber, on the 12th of May, 1874, purchased an urban property situate in Mazaltan, without expressing in proper season his intention to preserve his American nationality, this Government considers him to be a Mexican, and for this reason cannot issue to him a certificate of matriculation as a citizen of the United States of America.

I return to your excellency Mr. Zuber’s passport, and renew to you the assurances, &c.

IGNO. MARISCAL.