New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-19
THE SPANISH CLAIMS COMMISSION.

RIGHTS OF NATURALIzED NEUTRALITY-SUSPICIOUS.
PROM TIE SECRETARY OF STATE TO THE CoUN-
SILL OF THE UNITED STATES.
WASHINGTON. Oct. lS.-The following are the
instructions OF the Secretary OF State to Charles
G. Suydam. advocate for the United States before
the ansh-American Claims Commission, which
were filed III that commission on OCTOBER:
DEPARTMENT OF STATE, !
WASHINGTON, sept. 20, lSs2}
CHARLES c. SUDAN, esq etc, etc.
sion Will shortly reconvene it deemed proper To give
You further instructions in relation to those cases IN
y1vng citizenship, consideration of which has been
snspended You already been so fully informed as
to tbo a. ron of this Department in the matter that it
is unnecessary more at tnis time than to briefly
recapituldtc the principal points which are urged
me learned and accomplished umpue, Count Lewen-
haunt IN deciding the of Pedro BUZZ No. 22), adj
yersey 10 claimant arrived at certain conclusions III
regard law relating TO citizenship applicable 10
the case TO which this Department was unable to as
sent and as circumstances permitted my prede-
cessor MT Blaine Instructed the advocate on the part
OF the United states not 10 consent 10 nave any case
referred 10 the umpire wherein tue question may De III,
issued by a competent court III whiU4 - -
is io' the person TO whom 1t was originally
Issued" These Instructions were In substance
were dircc ed TO take steps any case now pend
Ing before umpire which Involves Citizenship until
lions were communicated to the arOitrdtors and 10 the
umpire anu that they are stlll III Iorce. ., ,o.
The protocol OF May g. 1857, extended unul January
l. 1855 the lie OF the cOmDis lou Tor inc purpose OF
OF the Pe1ding ana P0'S1e Ga 9ne SG to
Infect principles that should govern the commlssoh
IL appears that understanding should now De
reacbea ms % the construction of the agreement OF Feb
ruary 1871, far as 1t relates 10 the questions AT
Issue ~ the suspended cases. $500 -,
zenship involved in the suspended cases properly De-
longs TO the Executive Departments OF the two Govern
menfs aud not TO the commission is clear from many
preeedents. In this commission, Wheh tue dlIculty
rst arose upon the dissatisfaction OF the arbitrator Tor
SPAN, tuat gentleman interrupted the action OF the
commission and his course was approved w the Coy
ernment OF 81 ain and III IKE manner mr. Blaine III ms
instructions 10 the advocate declared tha thesc were
.'Questions to be discussed and decided by
the TWO Governments themselves"
Aud this Government recently held itself amenabe to
the same doctrine in tie OF the French ana Amer
lean Commission, where question upon the cOhsruc,
ton OF the treaty under which the commission existed
Was decided by the two Governments adversely to the
contention OF the agent oI the united STATES
POSITION OF THE GOVERNMENT
This Department must inss,:
I;rt-That there is no power this Department, and
none has been conferred on tie commission 10 exam
ne into the good faith which term IN these cases is I'M
derstood TO signify the motive, the purpose and object
Of the applicant in seeking naturalization The only
Sneston i'm each is whether the person claiming 10
be naturazed citizen has been naturailzed. there Is
no law of the United States requiring the applicant 10
disclose the motive which Induces MIN To chanBe bis
Sioomd"That there is power in tins Department
any conferred upon the commission make req
nisiie and essential that the applicant for naturalization
shoud nave been actually present III the United States
sr i've wears immedIateiy preceding naturalization.
resdence may exist without ap uninterrupted actual
presencc during the whole probationary period
TIIr-That II not the law of the United states that
.tfil
origin no other effect than the Government OF said
country chooses voluntarily to e0ncede on the CON
fTary This is expressly directed by the laws
of The United states 10 recognize ana MAINTAIN the re,
verse OF this proposition Section 1873 Oh the REVISED
statutes of the United states on tnls suDect, passed
prior 10 the agreement OF 1871, SO provides.
consent that commission deriving Its power
from Department together with the Foreign Depart
ment OF Spain shall assume to pass Judgment upon a
question which this Department is expressly forbidden
The Department OF State has power and has con-
tered m fe commission no power TO question the pro-
The judgment OF the Court grating TO an indvlda the
rights OF citizenship is entitled TO receive the respect
given 10 all otner Judgments rendered by courts com
potent Jurisdiction aud not lnpeachable Tor fraud
The decisions OF the umpires. NJ. BarthOd ana Baron
Blanc gwen i'll numerous presented the COM
mission seem TO have fixed the law IN relation TO
naturazed citizens in harmony with the views herein
expressed and to nave given an Interpretation TO the
agreement of February lsIl which should not now be
departed from
TIE TRUE RULE TO GOVERN THE COMMISSION.
Tine agreement creating this commission provides
the Spanish Government may traverse the allegation
of American citizenship, and thereupon competent and
snoeut proof thereof will be required" and provides
tbat only such claimants as the commission find have
the quality OF such citizenship shall be recognized as
claimants. 80 4.,,.
the Judgment naturalization. unmpeached by fraud,
is complete evidence OF its own validity cannot deny
that under the OF the agreement the
certificate OF naturalization may be proven TO nave Deen
obtained frauduleny II there were any doubt as TO the
true construction of the agreement the repeated de-
csiOns which have been made by umpres constituting
the agreement would be controlling BON NJ bar
th0di and Baron Blanc have so held III the opinions
lerelnbeiore referred and i'll other These de-
csions been tactly assented 20 by this Govern
meut for many years. The same rules OF law should
govern arising under the Court and not vary
with the change OF arbitrators or umplIes.
II may be mere observed that this Government exer
cises broad discretion in determining what claims It
will automatically present against other nations II
bas moi lent, and viii not Lend It's lnflu-
ence in favor Of fraudulent claims. And when
In behalf of an individual this Government demands
of Power payment OF money, II should not close
its doors against investigation into the question
% ne
a. valid or because OF fraud ia void Were the
case reversed this Government would contend for that
TIght ANY other doctrine must impair the dignity ana
imDeI the rights OF those WIN have honestly obtained
American citizenship. ,
the frue rule 10 govern the commission Is, that when
an Allegation of naturalization is trayersed aud the
~ established pra faeIe by the production
Of of naturalization by other competent
and suicent proof IL only be mpeacbea hV snow