New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-12-09
RIGHTS OF NATURALIzED CITIZENS.

RIGHTS OF NATURALIZED CITIZENS.
LETTER FROM SECRETARY BLAINE TO Tn2 ADvo-
CATE OF THE UNITED STATES BEFORE THE
SPANISH CLAIMS COMMISSION.
WAsHINGrpN Dec. S.-The following letter from
the Secr'tary Of State to Thomas J. Durant adj
vocate Of the United States before the Spanish
Claims Commission in regard to the claim of Pedro
Buzzl to American citizenship, is made public to-
day:
DEPARTMENT OF STATE,
WASHINGTON, d. G., Nov. 30 1881: )
THOMAS J. DrEET EsQ Counsel for the United
letter informing that, such day NAV be agreed
upon the advocate OF spain before the American and
Pi"dro Buzz the cSet in consequence Of the deci
sion Of the umpire that Buzz was not entitled 70 clam
umpire was irs rendered you were Instructed 70 move
for rcholrirg Of this Upon further reflection,
lam bound 20 that before reversing the judg-
mrut OF L. predecessor, which had been accepted by
Hd m ~ 70 tho "ytt Of tho ur sdction Of The com,
mission appointed under g.; fhe eminent diplomat who
and cou.irfcd tbr nj rh reycrsaI and
woui NOT Dc proper for this Government, by urging The
umpire to review and correct Eiz opinion, even u seem
20 Intimate that SO crave "a duty had been lightly dis
carefully considered ana impartial opinion ot the uh-
Before attaching to this decision al the rcspect and
weight to which the ellkuOwn ability ana chdr-
acter Of Count Lcwcnhaupt entite It, II becomes my
duty 10 statc-ln order that such opinion may be TOR
mally communicated 10 the C0mmisson-tlat TINS Gov
erumrnt cannot accept such Judgment as within the
competence of the umpire Ia render and that II cannot
submit ga" cases rrmaining unsettled ou the docKct 10
the Application of principles distinctly Hpudiaicd ny
the agreement Itself The principle upon winch the de-
cson of the Buzz case rests. stated simply and briefly,
certificate of naturalization to decide, not whether
the Court Whc. sIed it OF competent iurs ctlOn,
Uut whether Hehty administered tnat jurisdiction;
not whether a certificate Oi naturalization mas Dech
granted 10 the claimant, but whether IL has been prop
crlg granted; IN short that the If court Oh
Appeal with the right to review the duly rendered Juds
meut pl the Court of Tie United >iatc-.
mcIt, has been made before. In 1879, IN the ease OF
DtICaio, Mr. Baruold, Minister from France, then nm,
pirr, decided that the claimant haS Dceh haluranSu
ns American rltlIrn according To the laws OF TIE
citizen of the United States was 10 has been decided Ia
many ty the Supreme Court OF the United states;
tur 70 decide If The claimant had
sufficiently complied with ia" law "hch pg'Hc IoeS % a
continued residence OF i've years IN the JmtCd states,
there n no evidence charge of the naturalization hav
ing been obtained 10y fraud that the claimant has not
naturalization; that Therefore he has rght TO DC Aearu
la 40 Iu tl. case OF Domnquez Baron Blanc MIu
ktrr from Italy, theE umpire, decided Hs foloWH'
Therefore tho construction thus gwen, however
,,,,.i, ,uv bo i.cfnrI must be followed long II
is mimp ptaehed AID uureyerscd by al American tIiD-
unai nf superior Jurisdiction. The tribunals Of the
United states the sole Interpreters Of the laws oil the
country aud It ~ not the privilege OF the umpire 10 re-
view ner Anaea'ion' as 10 the requirements Oi 'n''S
In the case Of Portuardo the same umpire decided
that 10 the trayrr~ed allegation OF American en-
zcu,Ip deceased, competent and sufficient proof
thereof required uy the lgrt cmcut or February l.,
l-7l r. gwen Uy hls certificate Of naturalization such
certificate not being proved or charged To have been
proctrd b. fraud Issued In violation Oi pnpuc law,
trrtirs or natural u-tcc aud, such grounds OF I'M
errcti, upon gAisi any certificate OF naturalization
may declared altogether void, not being found IN hls
case, toe umpire called upon to resolve SH'H ToHliC
about The allegiance Uf the dccrasrd must, Ioo"ins
previous adIudcation- by um2rcs oi hls commission
and In uc absence Ot any treaty between SPAN Iu .n9
United states restricting the power OF the Uhllrn
states to grant naturalization IN hccorlance
win municipal law uH Interpreted DJ the huiloIP
courts, give ul force 10 the GENERALIZATION Ol lho &c
ceased over against SPAN IL, :,
ci-IOnS tuHi and conclusive OF tue meaning OF tu.
agreement under them from tue date o the oIt"us VI
toe commission ~ sa'c' SION 3l u.i'P'' P ,,;' ~,
having been tried and decided Forty eases remain on
the docket II tEe decision Ul 0rucr umprtH Is 20 De re-
vcrscd theh the lorty eases are 20 oe JT,So & u -,
tley different principles from the preceding cases Ia
ac the lO7 w have been decided under an agree
m,nt meaning an entirely diloeht anu cNun ooni , ~
dlco ory tnmg Two claimants presenting certlhcates OF
naturalization of the same date issued from the same
court would be- the one icc"is ed hnd tho otu,L
not amp hNc principle bat according ms Tue hummer M
OF claim tide docket brought hs ease under tue
consIurraOu one or the other umpire NhhJ Queer
bhOud De given 10 the certificate Oi ndthihl@1loh, ar
Is understood Dy the Onrachng parties ana uotidIou ~
tlr supuutouS Of the ngrotmcnt aud what power the
Commission itself may have To extend or mt TINS ehect
BY construction VIII not now discuss Dut u ls GF
dcut that, the Commission has or mas not asseh the
power To decide this question, which II ono NOT vi Iucl
but of construction oil HE intent OF ihS Vd'
decided IL be considered ~ settled forever or ~
Obvious settlement can be reached lst 10 tne
every change that may occur In the person Oh Iho n
plre; ana tus Government must insist tuit all cas
shall be- tried ny the same rurS ana uhhtr TUG N1i1
sructou agreement between spain ana Tue Ohtta
states The Commission ~ not PROPER Ilpulai Hi, "
winch should be submitted the argument Oh the Ohlteu
Wth.r tbs coirs. il iustiicd by the circumstances,
or whether Interpretation OF the agreement Vc
,rc NJ Inc To be discussed and decided by
the Governments themselves For the pre5tht II II
sufficient that refuse to recognize the powei3 ON
court oi competent Jurisdiction, administering the law
Naturalization TO Piedro Buzl he made citizen OF
and power resides III luo isAtVu-
tive Department OF this GOVernmenl W reNoioo
view that Judgment; and what the power OF the EXecu
tive cannot do in itself, 1t cannot delegate 10 t cV
mission which Ia the mere creation Oh tho
asrrcnenf have the less embarrassment in giving
OF Baron Blame was rendered, the hrphio W VI a.
OF SPAIN the Marquis podestad FOInar hisu VIII ~
Commission protest In which, rccltlnS he VI
the umpire IL mas been quoted above nc say Vh,
therefore, nasInuch as II s the frh GO CON- taIiv of
undersgned that III the following OUT plaoteyi ited ID
either OF the two propositions lht naNe ,ing aside
serious damage would be done 10 SPAN " ,,hn5 IN ber
one OF the most important safeguards es4Dllsheu IN her
behalf by the agreement OF February lSll omo nue.
signed deems II his duty 10 declare tlat IN
TO have any question referred " the uhpnu, G ILL,
question Of citizenship may be involved, un f ' sSan
who shall determine, together with the onef eG t Ton
tracing party, the Government OF ,he to sna,n
the exact reach and scope OF the rgnt
10 traverse allegation OF American on eo,
,h refusal announced in this protest informing tnls
Government OF its reasons through the Slaihsl
here and In the following language: Iho uuoi
feeling always desirous To avDid al! uhheeessuy rs
sion considers that nsOmuch as the hla D T.I Iaat
was 70 r ute the erroneous view taken by Baron Banc
vino considered himself incompetent to pfohounce a
opnion concerning tho decisions or the loca "a
buth counties now that Baron Blanc mas reslgheu io
Office there longer any necessity Ior tnu @
OF SAID correspondence. Under tnese cn t Snajn
further discussion the protest was had op
aud the United states; but understand the ~
of Spain To still maintain its right OF refusing aSsc ~
any consideration OF the agreement wnioh soos y,
the powers conferred upon the arbtraOls anu W Ps
none the reference OF any disputed cases nl te wv
Governments have agreed upon the correc'
OF the terms OF the agreement. - Al. tr +bo
tnfa1 1.ny.r nantD
following practically of the recent decision VI td
LeweDhaupt serious damage would Oc uOno te @ "a
states by setting aside the most important h
established In our behalf by the agreement VI 49,
sry 1871 IL regards the decision Oh o1unt oycn
haunt entirely bepond the scope OF the autnoli sH
by the convention II s bound To respect nhu s,s
tain the decision made not by one, but Y I anS
ni..i "A