Juan Carlos Sarazua real estate of a certain size. These conditions were compounded by the fact that the status of naturalised was granted to foreigners, including Spaniards, who had sworn independence and those from any of the republics of America that wanted to settle in the territory4. Although federal constitutional regulations established a broad base for the inclusion of foreigners into the new republic. Noteworthy, in practice, there were several cases in which foreigners resorted to consular protection, when available, in order to protect their pecuniary interests, affected in many cases by wars and forced loans. In turn, Spaniards faced exile for their political opinions and a lack of diplomatic representation5. The so-called Conservative Period (1839-1871) under the aegis of the caudillo Rafael Carrera, marked the end of the Federation of Central America and the issuance of the Law of Guarantees or Declaration of the Rights of the State and its inhabitants in 1839. With the objective of guaranteeing territorial unity it recovered the Laws of the Indies, as a calculated form of segregation, guaranteeing autonomous spaces for the indigenous communities in exchange for their loyalty to the State and to avoid the propagation of indigenous discontent as in Yucatan and Chiapas. Undoubtedly, the new legislation did not avoid contradictions between the new economic projects that had begun, but it did allow for the segregation of indigenous populations to be integrated into the political dynamic. In this sense, the Law of Guarantees of December 5th, 1839, made it clear that the State of Guatemala was “sovereign, free and independent”. This is why it was composed of all the populations contained within the limits recognised by the new Assembly. Only in this way could the separation of the Los Altos region (the current western part of Guatemala) be avoided. On the other hand, it claimed the protection of the Catholic faith to distinguish itself from the discontent provoked during the previous liberal government6. With regard to citizenship, it should be noted that it considered as Guatemalan “all those born in the State or naturalised in it according to established rules or those to be established by the Constitution” 7. For its part, it defined citizenship as a “right to which prerogatives and obligations are attached, which only those with the qualities required by the Constitution can enjoy”8. At first sight, it seems that it allowed citizenship more broadly. But in the following article it stated that “although all men have equal rights by nature, their condition in society is not the same, which depends on circumstances that are not to be levelled by any human power”. As will be discussed later, the Law of Guarantees accepted the recreation of the Indian republics in a republican context, with the aim of segregating the majoritarian indigenous population from the exercise of citizenship, cutting off the possibility of a greater rebellion, as had happened in 1837-1839. With this, the support of important indigenous sectors in Los Altos was guaranteed, so as to safeguard territorial unity. After years of little political stability, resignations and exiles, the caudillo Rafael Carrera was able to forge a much stronger alliance with the country’s 4 Constitución Federal…, Art. 15, 17-19. Todas estas condiciones fueron ratificadas por la Constitución estatal de 1825. 5 Jordana Dym “Citizen of which republic? Foreigners and the construction of national citizenship in Central America, 1823-1845”, The Americas, 64 (4), april 2008, 477-510. 6 Declaración de los Derechos del Estado y sus Habitantes, 1839, Sección 1. 7 Se debe anotar que los integrantes de la Asamblea en 1839 que emitió esta Declaración de los Derechos del Estado y sus Habitantes, esperaban emitir en un tiempo corto un texto constitucional. Se estableció un proyecto en 1845, pero nunca se aprobó. 8 Declaración de los Derechos del Estado y sus Habitantes, Sección 2, art. 1 y 2. RSCAS/GLOBALCIT-CR 2020/4 - © 2020 Author 3