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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 3, 1901

Chile,   pp. 32-38 PDF (490.8 KB)

Page 32

Aft. Lenderink to Jlft. hay. 
Santiago, I11~uch 25, 1901. 
 SIR: I am in receipt of an application for a passport from Isado~o Solis
Marrero, a native of Porto Rico, who cla~ims to be a loyal citizen of the
United States. The applicant has resided in Chile since the year 1884, and
now proposes to return to Porto Rico, within two years, to perform the duties
of a citizen there. 
 As section 7 of the act to provide revenues and a civil government for IPorto
Rico, approved April 12, 1900, provides "that all inhabitants continuing
to reside therein, who were Spanish subjects on the 11th day of April, 1899,
and then resided in Porto Rico, and their children born subsequent thereto,
shall be deemed and held to be citizens of Porto Rico, and as such entitled
to the protection of the United States," I am rather doubtful whether I am
authorized to issue a passport to this applicant, he not residing on the
island at the time specified in the law. For that reason I beg to refer the
matter to the Department for its instruction. 
 I have, etc., HENRY J. LENDERINK. 
Aft. hilt to Aft. Lenderink. 
    Washington, April 29, 1901. 
 SIR: I have to acknowledge the receipt of your No. 185, of the 25th ultimo,
reporting the application for a passport of Mr. Isadoro Solis Marrero, a
native of Porto Rico, who has resided in Chile since 1884, and who proposes
to return to Porto Rico within two years. 
 You ask for instructions from the Department. In reply I have to say that
the language of the Porto Rican law is to be construed in its general legal
sense, in which continual personal presence is not necessary to constitute
continuous residence. A native of Porto Rico who makes it the place of his
permanent domicile does not, therefore, lose the benefits of the act because
he was temporarily abiding elsewhere when it went into effect. 
 As regards the protection which you should accord, a Porto Rican is entitled
under the law to the fullest protection. The legation should see that the
applicant enjoys every right and that no obstacle be placed in the way of
his contemplated departure from Chile for Porto Rico. it is deemed wise,
at this time, to defer issuing passports to Porto 

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