Finally, you may consider yourself authorized to send to me a statement regarding the expenditures incurred in the carrying out of the instructions contained in the present circular.

VAN TIEN HOVEN, Minister of Foreign Affairs.

NICARAGUA.

[Enclosure in despatch from Mr. Caldwell, vice-consul in charge of legation pro tempore, San José, Costa Rica, November 22, 1906.-Translation.]

THE MINISTER OF JUSTICE TO THE MINISTER OF FOREIGN RELATIONS, SEPTEMBER 25, 1906.

MINISTRY OF JUSTICE, Managua, September 25, 1906.

MR. MINISTER: I have had the honor to receive your polite dispatch under date of the 31st ultimo, in which you are pleased to transmit to me the inquiries addressed to you by the most excellent minister of the United States, accredited to the Government of this Republic, relating to Nicaraguan citizenship.

Complying with your wishes, I proceed to reply to the five questions propounded, in their order; but, first of all, for the sake of greater clearness, permit me to establish a distinction between nationality and citizenship, which, in our legislation, have different meanings.

Nationality is the status peculiar to every person born or naturalized in Nicaragua.

Citizenship is the union of political rights which the constitution confers on Nicaraguans over 18 years of age.

Nationality, then, includes all Nicaraguans; while citizenship is peculiar to some of them.

FIRST POINT.-Laws relating to nationality in Nicaragua.

The provisions relative to Nicaraguan nationality are comprised in Title II of the constitution of the Republic, sanctioned March 30, 1905.

According to these provisions, the following are Nicaraguans:

1. Those born in Nicaragua of Nicaraguan parents or of foreigners domiciled therein.

2. The children of a Nicaraguan father or mother, born in a foreign country, if they choose Nicaraguan nationality. (These provisions may be modified by treaties, provided always that reciprocity be established.)

3. The natives of other Republics of Central America who reside in Nicaragua, and do not declare before competent authority their wish to the contrary.

(All those comprised in the foregoing cases are considered as natives.)

The following are naturalized:

1. Spanish-Americans who express their desire to become naturalized in the country, before the proper authority.

2. Other foreigners who have resided two years in the country and who express the same desire.

3. Those who obtain naturalization papers.

(The latter are granted by the Executive by means of a decree.)

SECOND POINT.--Causes through which Nicaraguan nationality is lost.

The following lose Nicaraguan nationality:

1. Nicaraguan women who marry foreigners. (Article I, Law of Foreigners, par. 5.)

2. Naturalized persons who reside five years in the country of their origin, unless they have obtained permission from the Government of Nicaragua. (Art. 31, Law of Foreigners.) However, a native-born Nicaraguan woman who becomes a widow, if she continues to reside in the territory of the Republic or returns thereto, recovers Nicaraguan nationality.

THIRD POINT.-Does the Nicaraguan law authorize the renunciation of nationality?

The law does not authorize such renunciation, and a Nicaraguan preserves his nationality wherever he may go; therefore, on returning to the territory of this Republic, he will be subject to the nationality of his origin, although he may have been naturalized in a foreign country. The only exceptions to this general rule are the two cases contemplated in the second question. (Art. 32, Law of Foreigners.) FOURTH POINT.-How far does residence in a foreign country affect the nationality of origin?

Aside from the case of a Nicaraguan woman who marries a foreigner and of a naturalized Nicaraguan who returns to the country of his origin and resides there more than five years without the permission of the Government of Nicaragua, residence in a foreign country does not affect Nicaraguan nationality, and he who possesses this nationality does not lose it even though he become naturalized in a foreign country, for once he sets foot again on the soil of the Republic he is considered as having never left it.

FIFTH POINT.-Law relating to naturalization.

In examining the first question it has already been stated who are naturalized Nicaraguans, and it only remains to add that the constitution in this matter is of the most liberal possible. A simple declaration of his desire to become naturalized, made before the civil authority of the Department where he resides, is sufficient for any Spanish-American to be considered as a Nicaraguan. This same declaration is sufficient for other foreigners if they have already lived two years in the country. Nationality is also acquired by means of naturalization papers granted by the Executive.

In regard to citizenship, it may be said to confer upon Nicaraguans the right of suffrage, of being chosen to public offices, and of keeping and bearing arms. (Arts. 14 and 15 of the Constitution.)

These rights are not lost; however, they are temporarily suspended

1. By a formal decree of commitment to prison;

2. By a sentence involving disqualification from the exercise of political rights during the period of the sentence;

3. By a sentence which imposes a penalty greater than correctional. 4. For accepting employment from other nations (except those of Spanish-America) without permission from Congress, if the person so accepting resides in Nicaragua; and

5. By reason of mental incapacity. (Art. 16 of the Constitution.) Having thus complied with your wishes, I take pleasure in signing myself, with the highest consideration,

Your most respectful and obedient servant,

To the MINISTER OF FOREIGN RELATIONS.

ISIDRO A. OVIEDO.

[Translation."]

CONSTITUTION (1905).

TITLE II.-Nicaraguans.

ART. 4. Nicaraguans are either native or naturalized.
ART. 5. Native Nicaraguans are:

1. Those born in Nicaragua of Nicaraguan parents or domiciled foreigners.

2. Children of Nicaraguan fathers or mothers born in foreign countries, if they choose the Nicaraguan nationality. This provision may be changed by international conventions, if the principle of reciprocity is observed.

3. Natives of the other Republics of Central America who reside in Nicaragua and do not declare before the competent authority their desire to the contrary.

ART. 6. Naturalized Nicaraguans are:

1. Spanish-American citizens who declare before the respective authority their desire to become naturalized in the country.

2. All other aliens who have resided two years in the country and make the same declaration.

3. Those who obtain naturalization papers according to law.

4. Naturalized citizens of the other Central American States who reside in the country and declare before the competent authority their desire to be Nicaraguans.

TITLE III.-Foreigners.

ART. 7. Foreigners shall enjoy in Nicaragua the same civil rights as Nicaraguans.

ART. 8. Nicaragua has not in favor of foreigners any other obligations, nor does she recognize any other responsibilities, than those established by the constitution and the laws in favor of Nicaraguans. ART. 9. Foreigners are bound, from the day of their arrival in the

a Text as printed in American Constitutions by Rodriguez (1905), I, 300.

territory of the Republic, to respect its authorities and observe its laws.

ART. 10. They can acquire all kinds of property in the country, but they shall be subject to the same ordinary and extraordinary taxation as Nicaraguans.

ART. 11. Foreigners shall not resort to diplomatic interposition, except in cases of denial of justice. Those making undue claims shall lose the right to inhabit the country.

ART. 12. Extradition for political offenses is hereby forbidden, even in case that a common offense has been committed in consequence thereof.

ART. 13. The law shall establish the manner and the cases in which a foreigner can be refused admission into the territory of the nation, or be expelled therefrom.

TITLE IV.-Citizens.

ART. 14. Nicaraguan citizens are all Nicaraguans over eighteen years of age.

ART. 15. Citizens shall have the following rights: (1) The right to vote, (2) the right to hold public office, and (3) the right to carry arms, all of which is subject to law.

ART. 16. The rights of citizenship are suspended:

1. By an order of arrest or a declaration that the party concerned should be subject to criminal proceedings.

2. By a sentence imposing disability for the exercise of political rights during the term of the sentence.

3. By a sentence imposing penalties of graver character than the purely correctional ones.

4. By accepting employment in the service of foreign nations, excepting those of Spanish America, without permission of the legislative power, if the person accepting it resides in Nicaragua.

5. For mental incapacity.

ART. 17. The right to vote can not be waived and is compulsory for all citizens.

ART. 18. Suffrage shall be direct and secret.

NORWAY.

[Enclosures in despatch from Mr. Peirce, minister to Norway, October 5, 1906.] MEMORANDUM ON NORWEGIAN CITIZENSHIP BY THE MINISTRY OF FOREIGN AFFAIRS OF NORWAY.

Reply to enquiries contained in letter dated August 17, 1906, from the minister of the United States of America to the ministry of foreign affairs.

1. The provisions of the Norwegian statutes concerning the acquisition and the loss of Norwegian citizenship, etc., are to be found in the law on Norwegian citizenship, etc., of April 21, 1888, and the later additional laws of July 27, 1896 (No. 4), and March 29, 1900.

The provisions contained in articles 9-16 of the first-mentioned law relative to the conditions on which others than Norwegian citizens may acquire real estate, etc., within the country, have subsequently been abrogated and the subject has been treated of in special laws, viz, those of June 9, 1903, April 7, 1906, and June 12, 1906.

2. The provisions concerning the loss of Norwegian citizenship are contained in article 6 of the law of April 21, 1888.

This article provides as follows:

Norwegian citizenship is lost-(a) By acquiring citizenship in a foreign State; (b) By permanently leaving the country. However, a Norwegian citizen having the rights of a native according to article 92, a, b, or d, of the constitution may retain his citizenship by declaring his desire to remain a Norwegian citizen before the local Norwegian consul within a year from the date of his emigration or from the date on which the present law goes into force.

This declaration is valid for a period of ten years and may, before the expiration of same period, be renewed so as to have effect for ten years longer. Any person who moves to another country in consequence of an appointment in the service of the Norwegian Government or in the public service of Norway, retains his Norwegian citizenship. In all cases where an emigrant retains this right, it is also retained for his wife as well as for his or her minor children who are at home with their parents or whose education is provided for by them.

3. According to the Norwegian law the consent of the Government is not necessary in order that a Norwegian citizen may acquire citizenship in a foreign country. However, if such citizenship is acquired, Norwegian citizenship is thereby lost as mentioned above in connection with article 6 a, of the law of April 21, 1888. Norwegian citizenship may, however, be recovered either by the person in question establishing a fixed domicile in Norway, provided he has the rights of a native Norwegian according to article 92 a, b, or d, of the constitution (Law of 1888, art. 2 b), or by grant (art. 3 of the law); see in this connection convention of May 26, 1869 (June 14, 1871), between Sweden and Norway on one side and the United States of America on the other for the regulation of the nationality of persons emigrating from Sweden and Norway to United States and vice versa.

4. The provisions relative to the effect which a sojourn abroad may have on Norwegian citizenship are to be found in article 6 b, of the law of 1888. See the reply to No. 2 above.

5. The provisions regarding the duty of diplomatic and consular officers to protect Norwegian subjects and their interests abroad are contained in article 6 of the law of June 12, 1906, on the diplomatic and consular service; in article 5 of the Instructions for Legations of August 25, 1906; in the consular instructions of July 24, 1906, chapter 6 a, "General provisions; " see also Commentary on the Consular Instructions.

6. There are no laws other than those mentioned above on the subject in question. However, a draft of a new law is in course of preparation, but as it has not yet been considered by the Storthing, it is impossible to say with certainty when and in what form it will be enacted.