Mr. Combs to Mr. Hay.
Guatemala and Honduras,
Guatemala, March 25, 1903.
Sir: I have the honor to report the receipt of a letter March 21 from Mr. Alberto Posadas complaining of an effort to enforce a war loan from him and of the restrictions placed upon his movements by the jefe politico of his district. (Copy of letter hereto attached, marked No. 1.)
I called upon the minister of foreign affairs the same afternoon and had a discussion of an hour’s duration with him. He took the ground that many Guatemalans went to the United States for a few years to obtain naturalization papers to avoid the duties and obligations of citizens, then returned to Guatemala where all their property interests lie; that the constitution of the country declared all persons born in Guatemala subjects and citizens of Guatemala whenever they were in this country, no difference in what or how many other countries they had obtained citizenship. I stated we did not bestow citizenship in the United States lightly and only when it was thought it was sought in good faith; that if anyone in Guatemala was bearing a passport not [Page 582] justified by the facts, upon complaint I would report it to my Government and if the charge could be sustained I had no doubt the passport would be canceled, but I could not draw any distinctions between persons bearing proper proof of American citizenship, and unless the jefe politico was wired immediately to withdraw all restraint attached to Mr. Posadas I would cable my Government for instructions for my guidance. He asked for time until Monday to consult with the President, requesting that I refrain until then from applying to Washington. I consented to this on condition that Mr. Posadas should not be further molested, in the meantime, in his person or property.
The minister of foreign affairs called Sunday afternoon, the 22d instant, at the legation and stated the President was so busy the Posadas matter could not be reached before Tuesday or Wednesday. I therefore on Monday morning sent you a cable respecting the matter; I also sent a telegram to Mr. Posadas, a copy of which is attached, marked No. 2.
It seems to me that there is a principle of the greatest importance involved in this case which should be settled at once.
We naturally do not like the attitude of forcing an unwilling compliance with our views of the matter in each individual case that may arise, when the constitution of Guatemala makes a plain declaration of a different principle.
Yet we must insist peremptorily upon the recognition of the property and personal rights of every. American citizen.
It is particularly embarrassing to make demands from a nation, the compliance with which is contrary to their own laws or constitution. I beg to suggest, therefore, that such representation be made the Government of Guatemala as will lead in some way to the removal of the important conflict now existing between the constitution of that country and the principle we maintain.
Tuesday I called personally upon the President and pointed out to him how utterly impossible it was for our Government to concede the contention that a returned Guatemalan who had taken out citizenship in the United States had thereby lost his rights to our protection; that not only must I insist upon all privileges being accorded Posadas that were granted any other American citizen, but I begged leave to urge that the principle involved should be taken up and disposed of in such a way as would avoid this question being revived in the future. We had a full discussion which resulted in his agreement to have the order of detention imposed upon Posadas canceled, to not ask a forced loan from him, and to refer the principle here involved to Mr. Lazo Arriago at Washington for discussion and settlement.
Tuesday night, the 2ith instant, your cable with instructions was received.
I have, etc.,