ment again repeats that whatever the Government of the United States has to say upon any and all matters, it will say through its duly accredited representatives and that if any American should at any time, without the permission or authority of this Government, directly or indirectly commence or carry on any verbal or written correspondence or inquiries with the Government of Cuba or with any officer or agent thereof with an intent to influence measures or conduct of the Government of Cuba or of any officer or agent thereof in relation to any disputes or controversies with the United States upon and regarding any subject whatsoever, you will immediately call such citizen's attention to section 5335 of the Revised Statutes, and will state that the Government of the United States will, if such a person should persist in his course, invoke the provisions of such statute for the protection of this Government. I am, etc., P. C. KNOX. RAISING OF THE WRECK OF THE U. S. S. MAINE. File No. 811.304M28/21. No. 50.] The Secretary of State to Minister Jackson. DEPARTMENT OF STATE, Washington, May 23, 1910. SIR: I inclose herewith a copy of a letter from the Secretary of War, stating that the President has approved the act of Congress which provides for the raising of the wreck of the U. S. S. Maine, a copy of which I also inclose, and asking that the consent of the Cuban Government be obtained. You are requested to familiarize yourself with the correspondence on the subject in the files of the legation, and to avail yourself of an early opportunity to address to the Cuban Government a note asking its consent to the raising of the wreck. I am, P. C. KNOX. [Inclosure.] The Secretary of War to the Secretary of State. WAR DEPARTMENT, Washington, May 10, 1910. SIR: I am advised that the President has approved H. R. 23012, Sixty-first Congress, second session, a bill which provides for the raising of the U. S. battleship Maine, in Habana Harbor, and the interment of the bodies therein, subject to certain conditions, one of which provides "that the consent in proper form of the Republic of Cuba shall be first obtained." In pursuance of the foregoing, I have the honor to request that proper presentation be made to the Republic of Cuba, with a view to obtaining the required consent. The Secretary of War and the Chief of Engineers, United States Army, are charged with the duty of carrying out the provisions of the act. A copy of the bill as reported to the Senate is inclosed herewith. Very respectfully, 67942°-F R 1910- -27 J. M. DICKINSON. [Subinclosure.] Raising of battleship Maine. [Public, 169-61st Cong.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War and the Chief of Engineers are hereby authorized and directed to provide with all convenient speed for the raising or the removal of the wreck of the United States battleship Maine from the harbor of Habana, Cuba, and for the proper interment of the bodies therein in Arlington Cemetery; and the Secretary of War is authorized and directed to remove the mast of the wreck of said battleship Maine and place the same upon a proper foundation in Arlington National Cemetery at or near the spot where the bodies of those who died through such wreck are interred: Provided, however, That the consent in proper form of the Republic of Cuba shall be first obtained. The sum of one hundred thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, on account of the work herein authorized. Approved, May 9, 1910. File No. 811.304M28/23. Minister Jackson to the Secretary of State. No. 127.] AMERICAN LEGATION, SIR: I have the honor to report that on the receipt, on the 28th instant, of your instruction No. 50, of May 23, I addressed a note to the Cuban department of state, setting forth the action of Congress in regard to the wreck of the U. S. S. Maine, and requesting the consent of the Cuban Government to its raising. To-day I am in receipt of a reply from the foreign office, dated May 31, in which Secretary Sanguily states that he is charged by the President of the Republic to inform me that the Cuban Government has no difficulty in complying with the request contained in my note; but, on the contrary, it will have the greatest pleasure in granting all possible facilities toward the execution of the purpose of the American Congress. SIR: Referring to previous correspondence in regard to raising the Maine, I have the honor to report that Col. William M. Black, Corps of Engineers, United States Army, arrived in Habana on the 7th instant and called at the legation the same morning, and that in the afternoon Col. Black and I called on Mr. Sanguily, the Cuban secretary of state, and at the Department of Public Works. This morning I presented the colonel to President Gomez at an audience granted for the purpose. Everywhere Col. Black was most cordially received, and the assurance was repeated to him which had been given me last June (dispatch No. 127), that the Cuban Government was prepared to do everything possible to facilitate the work in contemplation. Col. Black will return to Washington in a few days and will report in person to the appropriate authorities in regard to details. Capt. H. B. Ferguson, Corps of Engineers, who arrived in Habana this morning and who was also presented to the President, and Assistant Engineer A. C. Harper expect to remain here for the present. There is a general feeling of satisfaction that the work is actually about to begin. I have, etc., JOHN B. JACKSON. File No. 811.304M28/45. The President of Cuba to President Taft. [Translation.] REPUBLIC OF CUBA, EXECUTIVE MANSION, MY DEAR MR. PRESIDENT: On the eve of the raising of the remains of the Maine, whose sad fate is so closely connected with the history of the independence of Cuba, I desire, voicing the general sentiment of the Cuban people, to ask the American people to let us have some part of the ship with which to erect a plain and shining monument that will forever recall the union of love between the great Republic of the United States and the Republic of Cuba. Renewing to you, etc., File No. 811.304M28/45. JOSE M. GOMEZ. President Taft to the President of Cuba. THE WHITE HOUSE, Washington, December 23, 1910. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your kind letter of December 6, in which you suggest that it would meet the general sentiment of the Cuban people if some part of the United States war vessel Maine, which sunk in the harbor of Habana, be given to the Cuban Government for the purpose of enabling that Government to make it a part of a monument commemorative of the historic friendship and bond of affection between the two peoples. I can say to you in this unofficial and personal way that if I have the authority to make the order, as I think I have, I shall be glad to do so as soon as occasion calls for action. I have notified the Secretary of War to bring the matter to the attention of the Army engineers in charge, and shall ask the Secretary of State, when the matter is ready for formal direction, to bring it to your attention through diplomatic channels. With assurances, etc., W. H. TAFT. DENMARK. EXPATRIATION ACT CONSTRUED FOR PURPOSES OF IMMIGRATION ACT. File No. 136.2/31. The Secretary of State to the Danish Minister. DEPARTMENT OF STATE, Washington, December 30, 1910. SIR: I have the honor to transmit herewith, in accordance with the desire of the Acting Secretary of Commerce and Labor, a copy of his letter of the 27th instant replying to your legation's note addressed to that department and inclosing, as requested therein, 10 copies of a recent opinion of the Attorney General in regard to the 'expatriation act construed for purposes of immigration act." Accept, etc., (For Mr. Knox.) ALVEY A. ADEE. [Inclosure.] The Acting Secretary of Commerce and Labor to the Secretary of State. DEPARTMENT OF COMMERCE AND LABOR, SIR: This department has been requested by the Danish Legation to furnish 10 copies of a recent opinion of the Attorney General, published in a Department of Commerce and Labor decision (No. 119). There are transmitted herewith the number of copies mentioned, with request that they be forwarded to the Danish Minister in regular manner. There is also inclosed a copy which may, if you desire, be retained in the files of your department. In this connection attention is directed to the fact that a decision was handed down on November 29 by the district court of the United States for the District of Massachusetts, construing section 1994 of the Revised Statutes, and holding that an alien woman can not acquire citizenship by marriage to an American citizen until such woman has been admitted to and acquired a residence within the United States. The case is entitled "In re Avedis S. Kaprelian.' The same question is now under consideration by the Circuit Court of Appeals, Second Circuit, in three cases recently argued: In re Thakla Nikola, William Williams, etc., appellant; William Williams, etc., appellant, v. United States ex rel Paris Hohannessian; and William Williams, etc., appellant, v. United States ex rel Berthe Gendering. Respectfully, [Subinclosure.] BENJ. S. CABLE. Department of Commerce and Labor-Decision No. 119. To whom it may concern: DECEMBER 10, 1910. The following opinion expressed to this department by the Attorney General is published for the information and guidance of immigration officials and others concerned. BENJ. S. CABLE, Acting Secretary. EXPATRIATION ACT CONSTRUED FOR PURPOSES OF IMMIGRATION ACT. DEPARTMENT OF JUSTICE, SIR: I beg to acknowledge the receipt of your letter of the 17th ultimo, requesting my opinion upon the question therein presented, as follows: Jebran Gossin, a native of Syria, was naturalized in the United States in 1905. Thereafter, about 1907, he returned to his native country and was married to a Syrian woman. After remaining in that country for more than two years he came back to the United States, bringing his wife, Nazara Gossin, with him. Upon reaching the port of New York the 10th of this month, the man was admitted, but it was found that the woman had trachoma, and she is being detained pending a determination of her right to enter, which seems to hinge upon the question whether her husband is now a citizen of the United States. If he is, then, under section 4 of the Expatriation Act of March 2, 1907 (34 Stat., 1228), it would appear that his wife is a citizen, and, as such, is not subject to exclusion under the immigration laws. Looking merely at the letter of section 2 of the act referred to, it would seem that, being a naturalized citizen and having resided for more than two years in the country from which he came, there is raised the presumption that he has ceased to be an American citizen, which presumption has not been rebutted in accordance with the proviso contained in that section, and his wife, being an alien, is subject to exclusion. However, in view of the title of the act, and the fact that the proviso requires that the presumption shall be overcome by presenting certain evidence to a "diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe," I am in doubt as to whether the statute applies to a person who is now in the United States or who may be seeking admission as a citizen after having resided for more than two years in the country from which he came. I have the honor to request, therefore, that you favor me with an expression of your opinion as to the citizenship status of the above-named Nazara Gossin. Inasmuch as the person concerned is being detained in the meanwhile at Ellis Island, an opinion at an early date will be appreciated. Section 1994 of the Revised Statutes provides: Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. Nothing to the contrary appearing, I assume that Nazara Gossin "might herself be lawfully naturalized," and hence is to be deemed a citizen upon her marriage to a citizen of the United States. (27 Op. A. G., 507, and cases cited.) Her present citizenship status depends, therefore, upon that of her husband; and, under the facts presented, he is now a citizen unless his citizenship has been forfeited under the act of March 2, 1907. (34 Stat., 1228.) That act is entitled "An act in reference to the expatriation of citizens and their protection abroad." The second section of the act provides: SEC. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, how ever, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. Pursuant to the last paragraph of the section quoted, the Department of State has issued a circular to diplomatic and consular officers of the United States, dated April 19, 1907, reading as follows: When a naturalized citizen of the United States has resided for two years in the country of his origin, or for five years in any other country, this fact creates a presumption that he has ceased to be an American citizen, but the presumption may be overcome by his presenting to a diplomatic or consular officer proof establishing the following facts: (a) That his residence abroad is solely as a representative of American trade and commerce, and that he intends eventually to return to the United States permanently to reside; or (b) That his residence abroad is in good faith for reasons of health or for education, and that he intends eventually to return to the United States to reside; or (c) That some unforeseen and controlling exigency beyond his power to foresee has prevented his carrying out a bona fide intention to return to the United States within the time limited by law, and that it is his intention to return and reside in the United States immediately upon the removal of the preventing cause. The evidence required to overcome the presumption must be of the specific facts and circumstances which bring the alleged citizen under one of the foregoing heads, and mere assertions, even under oath, that any of the enumerated reasons exist will not be accepted as sufficient. I infer from your statement of the facts that, before leaving Syria, Jebran Gossin did not make proof before a consular or diplomatic officer of the United States as provided by the regulations of the State Department. The question, then, is whether the presumption as to noncitizenship raised by the act by reason of his residence abroad continues notwithstanding his return to the United States. In my judgment the act was not intended to apply to a case of this kind, but its operation is limited to naturalized citizens while residing in foreign countries. The purpose of the act is, I think, simply to relieve the Government of the obligation to protect such citizens residing abroad after the limit of two or five years, as the case may be, when their residence there is not shown to be of such a character as to warrant the presumption that they intend to return and reside in the United States and thus bear the burdens as well as enjoy the rights and privileges incident to citizenship. |