Savannah morning news. [volume] (Savannah) 1868-1887, 1886-08-28
ARREsUREs' CITIZENSHIP.
He Had Not Fully Complied With
the Forms of Law.

WASHINGTON, Aug. 26.-Recent dis
patches in reference to the murder OF
Arresures show that some very delicate
and interesting questions ofinternational
law will be forced upon the consideration
of the State Department by the facts In
that case. 1t seems Arresures declared
his intention to become citizen Nov. IL,
1888, but never had completed the act OF
naturalization. How far an alien who
has merely taken out first papers is en-
titled to the protection OF this government
is matter not very easily determined.
In the confidential instructions given by
the State Department to Ministers of the
United States when they are commits
stoned there is the following direction In
reference to the protection OF American
citiZens:
"Persons who have merely declared
their in tention TO become citizens are not
in the full sense citizens OF the United
States within the meaning OF the law;
provided, that nothing herein contained
is to be construed as in any way apridg-
ing the right OF persons dGmiciled in the
United States, but not naturalized there
in, TO maintain internationally their status
and TO claim protection from this govern
meut in the maintaining of such status"
This would appear to imply that an
alien who has declared his intention OF
becoming a citizen so long as he is a resi-
dent within the territory Of the United
States, cannot be interfered with any
more than all American citizen. How
much further than that the right of pro-
lection goes, seems TO be somewhat in
doubt. If such an alien has not aban-
doned his domicile, but is
temporarily absent from the
United States, there is some
reason to believe that International law
will justify the United States in affording
the same protection it would give one of
its own citizens. The Instructions to
United States Ministers, from which the
above quotation was made, were carefully
revised by Secretary Bayard and DR..
Wharton early in the present administra-
tiOn, so they express the understood
opinion OF international lawyers at the
present day.
The detailed explanations made to-day
by the high officials of the State Depart
ment, who were seen, were in full accord
a step further upon this point. The follow
ing statement OF international law, when
read to Acting Secretary Porter and to
DR.. Wharton, was assented TO by both as
strictly correct:
"AlthOugh an alien who has merely de-
clared his intention to become citizen of
the United States is not entitled to a pass
pOrt, yet, IL after sucn declaration ana
before naturalization, he becomes domi-
cied in the United States, he may obtain
the protection Of the United States when
assaIled by any foreign State In contra
vention Of the laws Of the United States"
While agreeing to this statement Of in
| ternational law, Gov. Porter appeared to
| believe the facts were of such nature In
| the Arresures case as would scarcely JUS
tify this country in holding Mexico to an
account, as it would do if Arresures had
been an American citizen. 1t appeared
| TO be his opinion that there might be a
matter calling for diplomatic negotiation
In respect to the violation OF the riglt of
asylum by the taking of Arresures out of
Texas illegally. although the subsequent
murder would only be ground for civil
| action by the legal representatives OF the
murdered man under the Mexican laws.
The point of domicile cuts so important
figure in the determination OF the DELI
cate questions involved that the subse-
| quent course of this government may
| largely depend upon what the facts show
in that respect. II Arresures had OBJ
tanned a domicile in this country, which
he had shown no intention to abandon, it
is quite possible the case may prove in
the end one very much more serious than
that of Cutting.