Mr. Rockhill to Mr.
Dupuy de Lôme.
Department of State,
Washington, September 9,
1896
No. 180.]
Sir: With reference to my note of July 25 last,
regarding the decree of July 14, 1896, issued by the Governor-General of
Cuba, I have the honor to inclose you a copy of dispatch No. 98, of
August 22, 1896, from our consul-general in Cuba, and with it a copy of
a letter from the Governor-General of Cuba explaining his said decree,
which undertakes to deprive citizens of the United States residing in
Cuba of their right to invoke the laws of that island in case they fail
to register, as prescribed in Article I of the said decree.
The Governor-General explains that his decree is merely declaratory of
the municipal law of Cuba, which entitles foreigners residing in that
island to the rights of Cuban law only when such foreigners have
complied with the law requiring registry. He alleges that the rights and
benefits conferred by the municipal law of Cuba are distinct from and
are in addition to those which foreigners enjoy under the laws of
nations and by treaty. The right to invoke the municipal law, therefore,
he regards as unguaranteed and revocable, and subject to any condition
which the municipal law may impose.
It is not necessary for this Government to enter into an elaborate
argument to demonstrate that the rights which a foreigner is inherently
entitled to enjoy in any country necessarily include the right to invoke
the municipal law to the extent that that law is essential in carrying
out the guaranties of international law and treaty, and that he can not
be excluded from the protection of the municipal law without violating
his guaranteed rights under international law and treaty.
The two systems of law and the rights existing under them are
inseparable. The law of every country includes as a part of its system
the principles of international law and the obligations of its treaties
with foreign countries; and our citizens in Cuba are entitled by
international obligation to invoke the laws and judicial procedure of
Cuba regardless of registration. This principle was admitted by Spain in
the correspondence which preceded the protocol of January 12, 1877.
Our consul-general at Habana has been directed to say to General Weyler
that the right of citizens of the United States in Cuba to the benefit
and protection of the municipal law in Cuba, so far as that law is
guaranteed to them by international law and treaty, is not derived from
any Cuban statute, but from international law and our treaties with
Spain, and that this right is not subject to withdrawal by municipal
legislation or decree, nor to any condition which the authorities of the
island of Cuba may seek to impose. The rights of our citizens in that
island, whatever those rights may be, are beyond the power of the Cuban
authorities by municipal regulation to destroy or curtail. The
consul-general was at the same time directed to inform the Governor
General that the practical utility of registration was fully recognized,
and it was hoped that all citizens of the United States residing in Cuba
would comply with article 1 of his said decree. The issue taken is
solely upon
[Page 683]
article 2 of the
decree denouncing practical outlawry upon citizens of the United States
who may fail to comply with article 1 of the decree.
Accept, etc.,
W. W. Rockhill,
Acting Secretary.
[Inclosure in No. 180.]
Mr. Lee to Mr.
Rockhill.
United States Consulate-General,
Habana, August 22, 1896.
No. 98.]
Sir: With reference to my dispatch No. 89,
of the 19th instant, relative to the registration of foreigners in a
special register opened at the office of the general government of
this island, I beg to inclose a copy translation of a communication
from the Governor-General in answer to one from this office, dated
the 14th instant, a copy of which I had the honor to forward to the
Department with my dispatch No. 84, of the 15th of same.
I am, etc.,
Fitzhugh Lee,
Consul-General.
[Subinclosure.—Translation.]
General Weyler
to Mr. Lee.
General Government of the Island of Cuba,
Habana, August 18, 1896.
Sir: Upon replying to your polite official
note of the 14th instant, I must begin by calling your attention to
the literal text of the decree of the 14th July last, which requires
foreigners resident in this island to register in the special
register of citizenship which is kept at the general government,
because, in its second paragraph it says: “That after the expiration
of the term mentioned in the previous article foreigners who have
not effected their inscription or registry,” can not invoke “the
rights or privileges granted them by our laws,” and in no wise is
any allusion made to treaties existing between Spain and other
nations.
From those laws, or, be it, the laws ruling in Spanish territory, the
first and fundamental one in respect to foreigners, is that of the
4th July, 1870, which regulates the rights that Spain grants to
foreigners residing in the Spanish ultramarine provinces, rights
that it limitedly sets forth in article 29, and following; and among
them are:
- First. Security of person, property, domicile, and
correspondence in the form established by law for
Spaniards.
- Second. To meet and assemble together in those cases and
under the conditions determined for Spaniards, and provided
that the object is not hostile to those States with which
Spain has friendly relations.
- Third. To emit and publish their ideas, in accordance with
the laws ruling in the matter for Spaniards, and under the
limits imposed by the preceding paragraph.
- Fourth. To address petitions to public powers and the
authorities in the same manner as prescribed by law for
Spaniards.
Said rights, those of articles 35 and 36, and all others that Spain
grants by this or any other law to foreigners to reside in her
ultramarine possessions, shall not be claimed by any but foreigners
registered in accordance with what is ordered in article 7 of the
same law relating to foreigners, and to them is applied the decree
of the 14th of July last.
But now in treating on this subject, I must make a distinction
between those foreigners by their own right, born abroad; the
children and wife of a foreigner, and those others who, having been
born Spaniards, have changed their nationality. Because, if to the
former, whenever they are not registered, alone may be denied the
aforesaid rights, the latter, in that case, and while they live in
Spanish territory, have no means to allege their status as
foreigners.
Spain does not investigate the acquisition of a foreign citizenship,
and always accepts as valid that conferred by a friendly nation, and
never disputes it, but the Spaniard who continues to reside in Cuba,
if he wishes to be considered as a foreigner,
[Page 684]
must comply at least with the
requirement of the inscription or register, which is but the manner
of informing this government that he has ceased to belong to it, and
has embraced another flag.
It is conclusively stated in article 73 of the regulations to carry
out the law of civil register of 1884, a law of which one who has
been a Spaniard can not allege ignorance: “Change of nationality
shall produce legal effects in the Island of Cuba and Puerto Rico,
only from the day on which they may be entered in the special
register which shall be kept at each of the general governments of
said islands.”
As you will observe, my decree of the 14th July has been adjusted
strictly to the written law, and in no wise alters the principle
that a law of interior order can not derogate treaties and
international laws.
On the contrary, it strengthens the universal principles of that
branch of law when it solely refuses to foreigners not registered
those rights which it is in the power of the government which offers
him hospitality either to grant or deny, according as those who
accept that hospitality comply or not with the laws of interior
order, and which, as regards naturalized foreigners, warns
them—because thereto sanctioned by a law of 1884, unfortunately
forgotten until the present—that unless so inscribed, they shall not
be considered as such foreigners while they continue to reside in
Spanish territory.
You will have observed, also, that means have been provided for the
register of foreigners by dictating measures for those who reside in
places remote from the capital, and extending until the 31st
October, the term of one month which expired on the 14th instant,
but if I am to submit my acts of governor to the strict standard to
which they correspond, I must exact the registrations of all
foreigners residing in this island and maintain my decree of July 14
in the form explained.
I am convinced that you, who have so discreetly taken measures to
assist in my purpose to keep in the general government a register of
foreigners, and for which I tender my best thanks, will no doubt
recognize the right I have in the matter and will furnish to your
Government the explanations you deem most pertinent, and meanwhile I
reiterate the assurances of my most distinguished consideration.
God guard you many years.
