No. 1.
Mr. Osborn to Mr. Frelinghuysen

No. 350.]

Sir: Mr. John S. Rowe, a native of this country, born of English parents, having been cited by the authorities of the province of Buenos Ayres to appear and enroll himself in the militia of the province, and having failed to comply with the citation, was placed under arrest, but given the liberty of the town, St. Vincent.

Mr. Rowe telegraphed me informing of his arrest, and that he was a naturalized citizen of the United States, and at the same time forwarded to me his naturalization papers and a passport granted him by the Department of State.

As soon as I received his papers, I had an interview with the minister of foreign affairs at his private residence and requested Mr. Rowe’s release at once, stating that if there could be any question as to Mr. Rowe’s citizenship, that matter could be subsequently and amicably settled. The minister at once directed a note to the governor and requested Mr. Rowe’s immediate release, which was done.

It appears from Mr. Rowe’s statement, that in the year 1868 he arrived in the United States, with no other object in view further than that of obtaining a good general education.

From 1868 to 1875 he resided in the State of Ohio; during this time he went through a regular course of study at Baldwin University, but a portion of the time he was engaged in farming and in work as a carpenter.

In 1875, his health being poor, he returned to Buenos Ayres, where his parents and relatives live. In 1876 he again went to the United States, and married in Ohio, where he remained but a short time (a few months), his health being yet poor. Requiring a warmer climate, he returned again “temporarily” to the Argentine Republic, where he is now engaged at work with a reaping machine.

It was during Mr. Rowe’s first visit to the United States that he received his naturalization papers, and they appear to be regular.

The governor of this province has decided that Mr. Rowe is an ex-Argentine citizen, on the ground, the constitution and law declare, that all persons born on Argentine soil are Argentines.

It appears that the Argentine naturalization laws do not require a person making application to become an Argentine citizen to renounce absolutely allegiance to his sovereign, and he only remains an Argentine [Page 2] citizen so long as he remains on Argentine soil or under Argentine jurisdiction.

In a second interview with the minister of foreign affairs it was suggested that, as the question had been raised, it was a matter of much importance that the two governments should arrive, in a friendly way at an understanding in reference to the regulations which should control in this and like cases, and, in order that the present case might be properly brought before us, that Mr. Rowe should first appeal to the federal judge for a decision; which course was adopted, and the case is now before the court.

I have not been able to obtain copies of our late treaties with Germany and other powers in relation to naturalized citizens, and would be pleased to receive them or any instructions which the department may see proper to give.

I have, &c.,

THOMAS O. OSBORN