City, removing a shed or outbuilding which had been erected by an officer of the Guatemalan Government on land which Van de Putte claimed to be his; that while so engaged in obedience to the orders of their employer, and without any intention of violating the law, they were arrested and imprisoned by Guatemalan officers; that they were not served with warrants or informed of the charges against them; that an application for bail made by you in their behalf was refused; a messenger sent by you to confer with them in the penitentiary where, they were confined was denied entrance there, and your written request to the minister of foreign affairs for permission to send the U. S. vice consul-general to confer with the prisoners was not replied to; that when first taken to the prison Argall, on asking an officer how he could see Colonel Lopez, the commandant, was given four severe blows across the back with a rawhide, the marks of which he subsequently showed to you.

These men now ask this Government to see that a proper indemnity is made to them by Guatemala.

You will present the matter promptly to the Guatemalan Government for such explanation as it may have to offer.

SIR: I inclose herewith a copy of a petition addressed to the Presi dent, the Secretary of State, and the Congress, by citizens of Louisiana, on the general subject of lotteries, and praying among other things that this Government will point out to that of Honduras the proposed attempt of the old Louisiana Lottery Company to establish itself in Honduras. I also include copies of our antilottery statutes, to which reference is made in the petition.

It will be observed that the legislation of the United States in this regard has been framed with a view to its complete efficiency in excluding the circulation of advertisements and notices of foreign lottery schemes, as well as repressing domestic enterprises of that nefarious character.

Should it be true that such an enterprise, made unlawful by our law, is seeking to make use of a foreign territory from which to operate upon our citizens, it would seem to be a subject of which the neighboring and offended State would take notice. It is proper to bring the subject to the notice of the Government of Honduras, through its minister for foreign affairs, in order that it may be advised of the views of the United States and of its legislation in this regard.

I am, etc.,

ALVEY A. ADEE,

Acting Secretary.

[Inclosure in No. 89.]

PETITION.

To the President, Secretary of State, and the Congress of the United States: The undersigned, your petitioners, citizens of Louisiana, represent that the moral sentiment of the United States has succeeded after many years of struggle in extirpating the gambling business, known as lotteries, from the soil of the Republic; and that in driving it from its last lodgment in the State of Louisiana the aid of the U. S. Government, by acts of Congress and Executive interference, was of paramount importance. It is hereby further shown that, as citizens of Louisiana who have felt the heavy hand of the corrupt and tyrannical corporation known as the Louisiana Lottery Company, we are, perhaps, better aware of the evils resulting from its operation than other communities. It is, therefore, with sorrow that we learn, through its advertisements, that the said lottery proposes merely to change its base to the Republic of Honduras, and still carry on its demoralizing practices against the peace and welfare of the American people.

We, your petitioners, do therefore most earnestly pray the Government of the United States to make effectual the will of the people by excluding all lottery matter from our mails and by prohibiting, under severe penalties, its transportation into our borders, or between the States, by any company, firm, or individual, in any manner whatsoever.

We also pray that our Government will point out to the Government of Honduras this attempt to use the cover of its nationality to violate the laws of a friendly power.

J. MCCONNELL.

EDGAR HOWARD FARRAR.

DAVIS SESSUMS.

B. M. PALMER.

WM. PRESTON JOHNSTON.

F. JANSSENS.

FRANCIS T. NICHOLLS.

WM. O. ROGERS.

BRANDT V. B. DIXON.

J. C. KEENER.

C. W. CARTER.

JNO. B. Elliott.

J. C. MORRIS.

R. M. WALMSLEY.

L. M. FINLEY.

Jos. A. SHAKSPEARE.

B. M. HARROD.

No. 77.]

STATUS OF FOREIGNERS IN GUATEMALA.

Mr. Pringle to Mr. Gresham.

LEGATION OF THE UNITED STATES,

GUATEMALA AND HONDURAS,

Guatemala, March 31, 1894. (Received April 19, 1894.)

SIR: I have the honor to transmit herewith decree No. 491 with translation. This is a very important decree, and I am sorry to say the translation is very poor. I had it done while I was away, and I have not had time to make another one.

This decree establishes the relations of foreigners residing in this Republic with this Government.

I would ask the Department carefully to consider this decree, as several of my colleagues have informed me that they were of the opinion that their Governments would not accept some of the clauses without protest.

I have, etc.,

D. LYNCH PRINGLE.

[Inclosure in No. 77-Translation.]

DECREE NO. 491.

Jose Maria Reina Barrios, President of the Republic of Guatemala, Whereas:

The constant progress of all branches of human knowledge in which international law has taken so great a part has exerted great influence upon that branch of science whose object is to fix the individual and judicial condition of foreigners, doubtless because emigration from one country to another and the facility of communication has caused the necessity to be felt of determining the relations of foreigners toward the States in whose territory they settle;

Whereas there are, in our laws, certain isolated provisions relating to this matter, but no law in which the rights of foreigners, or the obligations imposed upon them, or the privileges reserved by the Government as regards them are consistently and definitely specified;

Whereas the State, within certain limits, has a perfect right and is entirely free to admit foreigners into its territory on such terins as may seem best adapted to conciliate conflicting interests, preserve order, and secure the faithful execution of its laws;

Now, therefore, by virtue of the power in me vested, and with the approval of my cabinet, I hereby issue the following decree concerning foreigners:

TITLE I.

SOLE CHAPTER.- Who are foreigners.

ARTICLE 1. For the effects of this law the following persons are to be considered foreigners:

Persons born outside of Guatemalan territory, whose parents are not Guatemalans.

Legitimate children born outside of Guatemala of a foreign father and a Guatemalan mother.

Guatemalans who have forfeited their citizenship.

Those born outside of Guatemala of parents who have forfeited their citizenship.

A Guatemalan woman who is married to a foreigner and domiciled outside of Guatemala.

Children of diplomatic ministers, although born in Guatemalan territory.

ART. 2. National vessels shall be considered as Guatemalan territory in determining the nationality of those born on board thereof.

ART. 3. The following persons shall be considered as naturalized Guatemalans:

1. Spanish Americans domiciled in the Republic who have not reserved their citizenship in the manner provided by article 87 of this act, in accordance with paragraph 1, article 7, of the constitution of the Republic.

2. Other foreigners who have received certificates of naturalization according to the provisions of this decree, and those of the constitution contained in article 7, paragraph 3, of that instrument.

Central Americans who make known to the authorities their desire to become naturalized in the manner provided by article 87 of this decree shall be considered as native Gautemalans according to article 6 of the constitution.

ART. 4. A Guatemalan who has forfeited his citizenship by becoming naturalized in a foreign country (the same as the divorced wife of a foreigner, both residing outside of Guatemala), may regain his citizenship by making application, at any time, by renouncing the protection of the foreign flag and by having his declaration and renunciation recorded in the Civil Register.

The Government nevertheless reserves the privilege of deciding such cases as it may think proper.

ART. 5. The application referred to in the foregoing article must be made to the minister of foreign relations of the Republic, or to the diplomatic or consular agent of Guatemala in the place where the applicant resides.

ART. 6. Legitimate or illegitimate children of a Guatemalan father, born or living in a foreign country, when, according to the laws of the country of their birth, they have the privilege of choosing their citizenship, and elect to become Guatemalans, must inform the diplomatic or consular agent of Guatemala within one year from the day on which they become of age, or from that of their emancipation, whether they desire to become Guatemalan citizens, and the said diplomatic or consular officer shall in this, as in the former case, record it in the register of the legation or consulate under his charge, and report the fact immediately to the minister of foreign relations of the Republic.

ART. 7. A Guatemalan who has entered the military service of a a foreign country, or who has accepted a public office, or who has any supplementary jurisdiction without permission from the Government of Guatemala, shall be considered as a foreigner, but he may recover his Guatemalan citizenship by complying with the requirements of articles 4 and 5.

ART. 8. A Guatemalan naturalized in an another country shall, on returning to Guatemala, be subject to the obligations of his original citizenship; and the allegation that he has been naturalized in another country shall not exempt him from his obligations as a citizen of Guatemala.

TITLE II.

CHAPTER 1.-Classification of foreigners.

ART 9. Foreigners in Guatemala may be: (1) residents or domiciled persons; (2) nonresidents or sojourners, and (3) immigrants.

ART. 10. Foreigners may enter, reside, and settle freely in any part of the territory of Guatemala.

ART. 11. Civil rights are independent of citizenship.

ART. 12. The law recognizes no difference between a Guatemalan and a foreigner, as regards the acquisition and enjoyment of civil rights.

ART. 13. No inhabitant of Guatemala can be exempted from the fulfillment of obligations contracted in the Republic according to its laws. ART. 14. Both Guatemalans and foreigners residing in Guatemala, or wherever they may be found, may be summoned to appear before the courts of the Republic for the performance of contracts concluded by them (even in a foreign country) in matters in which the laws of Guatemala permit them to contract.

ART. 15. Although a foreigner be absent from the country, he may be summoned to answer before its courts

I. When an action is brought concerning property situated in Guate mala.

II. When a civil action is brought on account of any crime or misdemeanor committed by a foreigner in Guatemala.

III. When an obligation is concerned which has been contracted by a foreigner, in which it is stipulated that the courts of the Republic are to decide disputes relative thereto.

ART. 16. Whenever an obligation is concerned which has been contracted in a foreign country, the laws of the country in which it was contracted shall always serve for the judgment of the contract, so far as it is not prohibited by the laws of the Republic. The laws of Guatemala shall be paramount only when the contracting parties submit to them.

ART. 17. A Guatemalan woman married to a foreigner, or a foreign woman married to a Guatemalan, take the nationality of their respective husbands. If they become widows, the former recovers and the latter retains her Guatemalan nationality, provided they reside in the Republic.

ART. 18. The fulfillment of obligations contracted in a foreign country between foreigners not domiciled can not be demanded in Guatemala, unless they are willing to abide by the decision of the courts of the Republic.

ART. 19. A change of nationality or citizenship shall have no retroactive effect.

CHAPTER II.-Inhabitants and non-residents.

ART. 20. The domicile of a person is the place where he usually resides; if he has no customary place of residence, it is his principal place of business; if he has neither, his domicile is considered to be the place where he is found.

ART. 21. The domicile of a minor child, not emancipated, is that of the person under whose guardianship he is.

ART. 22. The domicile of a minor child who is not under parental authority, and of a person of full age who is incapacitated, is that of his guardian.

ART. 23. The domicile of a married woman, if she is not separated from her husband, is his domicile; it she is separated from him, she is subject to the provisions of article 20.

ART. 24. Those who serve a person and live in his house, whether minors or of age, have the same domicile as the person whom they serve; but if they are minors, and own property that is in charge of a guardian, their domicile shall be that of their guardian, so far as their property is concerned.

ART. 25. The domicile of those who are serving out a sentence is the place where they are serving it, as regards their judicial relations subsequent to the sentence; as to their previous relations, they shall retain their last domicile. Those who are simply condemned to exile shall retain their former domicile.

ART. 26. The wife and children of a person sentenced to banishment, who do not accompany him to his place of exile, shall not have as their domicile that of the husband and father, but their own, according to the provisions of the foregoing articles.

ART. 27. The domicile of corporations, associations, and establishments recognized by law is the place where their principal office is situated, subject to the provisions of their statutes or by-laws, provided that the domicile therein designated is within the territory thereunto subject.