13 On the other hand, this paragraph of the Treaty refers to people born in Penninsular Spain and residing in Puerto Rico. It does not refer in general to people born in Puerto Rico and residing (domiciled) therein. As to those, the following paragraph leaves it up to the Congress of the United States to determine what their civil and political rights will be:" The civil rights and the political status of the Hence, there are four different situations contemplated, all of them relating to Spanish subjects: 1. Those who are born in Spain and expressly choose to retain their allegiance to Spain; 2. Those who are born in Spain and expressly renounce their allegiance to Spain; 3. Those who are born in Spain and tacitly renounce their allegiance to Spain; and, Treaty of Paris, Article IX, paragraph 2. 14 4. Those who are born in Puerto Rico and have no choice. The last three of these groups are considered Puerto Rican "nationals". They do not by the fact that Puerto Rico is occupied by the United States acquire United States citizenship or "nationality". Nothing is said about about those foreign citizens residing in Puerto Rico as indeed nothing had to be said since these remained foreign citizens residing on the Island, and it was therefore up to the United States to decide upon what conditions they were to be allowed to remain on there. The proclamation of the Treaty of Paris legalizing the cession of Puerto Rico to the United States saw the establishment as well of four different kinds of dwellers on the Island: 4. Natives of Puerto Rico without any citizenship whatever recognised under International Law cr The Treaty of Paris places upon the Congress of the United 15 states the burden of determining the civil rights and the political status of the native inhabitants of the Island of Puerto Rico. It is precisely this legislative body which is charged under the Constitution of the United States with making the necessary arrangements for the government and disposition of the territories of the United States including Puerto Rico:" The Congress shall have the power to dispose and In response to this burden, Congress has legislated on several occasions each of which must be examined in order to determine what the civil rights and the political status of the inhabitants of Puerto Rico are insofar as United States citizenship is concerned. This United States Constitution, Art. 4, sec. 3, cl. 2. 15 even more applicable to Puerto Rico which is defined as an unincorporated territory appurtenant to the United States. A. The Foraker Act 16 The Organic Act of 1900 or Foraker Act established the first civilian government" for Puerto Rico under the United States flag. Section 7 of the Act" creates a body politic called the People of Puerto Rico comprised of United States citizens who establish their domicile in Puerto Rico and those former Spanish subjects and their children who have renounced Spanish citizenship. As to the latter, nothing is said about acquiring United States citizenship. Nothing is said concerning Puerto Ricans who were foreign citizens or their children - who were domiciled in - Puerto Rico pursuant to the Royal Charter of 1816. Neither is anything said concerning native born inhabitants of the Island who, 10 :9 Organic Act of 12 April 1900, 31 Stat. 77. Neverteless, some fourteen Governors appointed to the Island by the President of the United States with the advice and consent of the United States Senate were professional military men or had professional military training. 20 Id., 31 Stat. 79: That all inhabitants continuing to reside therein [Puerto Rico] who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in Puerto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, nineteen hundred, in accordance with the provisions of the Treaty of Peace between the United States and Spain entered into on the eleventh day of April, eighteen hundred and ninety-nine; and they, together with such Citizens of the United States as may reside in Puerto Rico, shall constitute a body politic under the name of "The People of Puerto Rico," with governmental powers as hereinafter conferred, and with power to sue and be sued as such. ་་ 17 for whatever reason, were absent from the Island at the specified date of cession and which had not yet returned or had been prevented from returning given the military occupation. circumstances of war and The Legislature of Puerto Rico, created in this same statute" enacted legislation pursuant to the definition of the People of Puerto Rico set forth in the Foraker Act but which in fact is somewhat different. In its definition, the Legislature of Puerto Rico establishes three categories of Puerto Ricans:" 1. All persons born in Puerto Rico and subject to 2. All persons born out [sic.] of Puerto Rico who are citizens of the United States and who have acquired domicile in Puerto Rico; and, 3. All persons who were Spanish subjects and residing in Puerto Rico on the eleventh day of April, eighteen hundred and ninety-nine, and who did not elect to preserve their allegiance to the Crown of Spain on 2131 Stat. 80, secs. 15, and 27 to 32. It should be noted that under the arrangement established by the Statute, the legislative process was controlled by Continentals appointed by the President of the United States with the advice and consent of the Senate, and not by the elected representatives of the People of Puerto Rico. 22 Political Code of Puerto Rico of 1902, Article 10. |