H Morgan to Frederick T. Frelinghuysen, September 27, 1882

No. 218. Mr. Morgan to Mr. Frelinghuysen

Sir: Your dispatch No. 298, 24th July, 1882, was duly received.

It related to the position assumed by the Mexican Government, under Mexican legislation, that diplomatic intervention is not admissible on behalf of citizens of the United States unless they have been previously registered at the department for foreign affairs, as foreigners.

I was instructed to make it apparent that the United States cannot recognize the fact of matriculation as controlling the right of a citizen of the United States to ask the intervention of this government (the United States) in case of need.

Your instructions were complied with in a note which I addressed to Señor Mariscal, on the 21st instant, a copy of which I inclose.

In this note I endeavored to show:

• That there is nothing in the laws of 16th March, 1861, and 6th December, 1866 (the laws upon which the position of the Mexican Government upon the subject of matriculation is maintained), which precludes diplomatic intervention on behalf of foreigners who have not matriculated in the Mexican department for foreign affairs.
• That these laws render inoperative and of no effect guarantees contained in several articles of the Mexican Constitution, and, therefore, are not binding.
• That they are in conflict with the laws of nations, and, therefore, not obligatory upon the United States.

I have to thank you for furnishing me with the most important arguments which my note contains. As you will perceive, I made free use of them.

I have received no reply, as yet, from Señor Mariscal, but I have considered it proper to inform you of what I have done.

I am, &c.,