this treaty, which was relied upon in this case, was not revived by Article XII of the treaty of May 1, 1828. As to Article I of the treaty of 1828 the court declared there is nothing in this treaty undertaking to change the well-recognized rule between States and nations which permits a country to first protect the rights of its own citizens in local property before permitting it to be taken out of the jurisdiction for administration in favor of those residing beyond their borders. (P. 582.) In the course of its opinion the court also pointed out that this ruling was in accord with the general law in force between the different States in the Union with reference even to assignments. Upon this point the court said: Even between the States of the American Union, as shown in the opinion of Mr. Justice Brown in Security Trust Co. v. Dodd, Mead & Co., 173 U. S., supra, it has been the constant practice not to recognize assignments for the benefit of creditors outside the State, where the same came in conflict with the rights of domestic creditors seeking to recover their debts against local property. This is the doctrine in force as against natives of the country residing in other States, and it is this doctrine which has been applied by the supreme court of Wisconsin to foreign creditors residing in Germany. In short, there is nothing in this treaty undertaking to change the wellrecognized rule between States and nations which permits a country to first protect the rights of its own citizens in local property before permitting it to be taken out of the jurisdiction for administration in favor of those residing beyond their borders. In this connection it may not be improper to direct to your attention the fact that it would appear that the laws of Germany and the United States are not in accord in other particulars than the one to which you have referred. As an illustration of this, there might be cited the recent suit instituted in the German courts by American policyholders against certain German insurance companies, which had issued large policies in San Francisco prior to the destruction of that city by earthquake and fire. You will recall that notwithstanding the general rule that judgments secured in the courts of one country are, as a matter of comity, enforced in the other country—a rule well recognized in international law-and notwithstanding that there was furnished to the German courts evidence establishing not only that the courts of California would enforce a judgment secured in a foreign tribunal against a person resident in California where the foreign tribunal would grant a reciprocal right in favor of American judgments, but that this was the common rule and practice of American courts, both State and Federal, yet the courts of Germany have refused in certain test cases brought therein, to enforce against German insurance companies judgments secured in the courts of California upon policies held by citizens of the United States upon property destroyed in San Francisco at the time of the earthquake and fire. Accept, etc., HUNTINGTON WILSON. IMMUNITIES OF UNCLASSIFIED VICE CONSULAR OFFICERS. File No. 20362/20. The German Ambassador to the Secretary of State. No. 896/10.] [Translation.] GERMAN EMBASSY, Washington, March 4, 1910. Mr. SECRETARY OF STATE: I have the honor to inclose to your excellency a certified copy of two complaints against Mr. Alfred Clayton Johnson, vice consul general of the United States at Dres den. The complaints were made by Baron George de Crano and Mrs. Mary Humphrey de Crano, and relate to the settlement of an estate. As vice consul of the United States Mr. Johnson has the privilege of inviolability of his dwelling, and it was impossible to serve notice of the complaints through the Royal Saxon authorities at Dresden in the usual manner, because Mr. Johnson would not give his consent to enter his dwelling for the purpose of serving the complaints. The Royal Saxon ministry of foreign affairs has therefore requested me to have the papers served through diplomatic channels. I accordingly have the honor to request your excellency to have these papers transmitted to Mr. Johnson, and will call your excellency's attention to the fact that the date fixed for the hearing of the case is April 23, and that it would be in the interest of both Mr. Johnson and the plaintiff to expedite the matter as much as possible. I also take the liberty to request your excellency to kindly let me know when the papers have been served, in order that the official annotation of the fact may be made on the originals which are being held here temporarily and which are to be sent back to the Saxon authorities. Please accept, etc., J. BERNSTORFF. File No. 20362/20. No. 219.] The Secretary of State to the German Ambassador. DEPARTMENT OF STATE, Washington, April 13, 1910. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 4th ultimo in which you inclose certified copies in two civil suits brought at Dresden against Mr. Alfred C. Johnson, vice consul general of the United States at that city. You further advise the department that Mr. Johnson declined to accept service in these cases, and that the Royal Saxon minister of foreign affairs had therefore requested you to have the papers served through diplomatic channels. In reply I have the honor to advise you that the department, on the 11th instant, forwarded the papers to the American consul general at Dresden, and instructed him to deliver them to Mr. Johnson, along with an instruction from this department to that officer. In the latter instruction Mr. Johnson was advised that the department did not approve his action in refusing to submit himself to the jurisdiction of the Dresden court for the adjustment of matters growing out of his private business relations. It further advised him that it was of opinion that, under the treaty of December 11, 1871, between the United States and Germany, unclassified vice consular officers were liable to the jurisdiction of the courts of that State of the Empire in which they were located. Mr. Johnson was also instructed to submit himself forthwith to the jurisdiction of the court in order that the controversy might be adjusted. Accept, etc., P. C. KNOX. GREAT BRITAIN. DEATH OF HIS MAJESTY KING EDWARD VII AND SUCCESSION OF HIS MAJESTY KING GEORGE V TO THE THRONE. President Taft to Her Majesty Queen Alexandra. [Telegram.] THE WHITE HOUSE, Washington, May 6, 1910. On the sad occasion of the death of King Edward I offer to Your Majesty and to your son, his illustrious successor, the most profound sympathy of the people and of the Government of the United States whose hearts go out to their British kinsmen in this, their national bereavement. To this I add the expression to Your Majesty and to the new King of my own personal sympathy and of my appreciation of those high qualities which made the life of the late King so potent an influence toward peace and justice among the nations. WM. H. TAFT. The Secretary of State to Ambassador Reid. [Telegram.] DEPARTMENT OF STATE, Apart from the message which the President has sent to Queen Alexandra you will make to British Government appropriate expression of the sympathy of the President, Government, and people of the United States in the loss by their British kinsman of a ruler so beloved and so distinguished among the nations for the influence of his kindliness and wisdom toward all that is best. No. 74.] P. C. KNOX. The British Ambassador to the Secretary of State. BRITISH EMBASSY, Washington, May 7, 1910. SIR: I am profoundly grieved to inform you that I have received a cable message from Sir Edward Grey announcing the demise of the King last evening at 11.45. It is my melancholy duty to request that you will bring the sad intelligence to the knowledge of the President and his Cabinet. I have, etc., JAMES BRYCE. File No. 13251/8. The Acting Secretary of State to the British Ambassador. DEPARTMENT OF STATE, Washington, May 7, 1910. EXCELLENCY: I have the honor to acknowledge the receipt of your note of this day's date, by which you officially communicate the sad intelligence of the death last evening at 11.45 o'clock of His late Majesty King Edward VII. Deeply moved by this lamentable event the President has, in telegrams addressed to Queen Alexandra and to His Majesty George V, given expression to the profound sympathy of the people and Government of the United States with their majesties and with the British Nation in their bereavement, as well as to his personal sympathy and appreciation of the high qualities which made the life of His late Majesty so full of influence toward peace and justice among the nations; and, participating in these sentiments, the Secretary of State, in a telegram to Sir Edward Grey, expressed his sympathy and sorrow in the loss sustained by the British Government. Added to these, I beg to assure your excellency of my own sympathy and condolence with your excellency and the British people in this hour of grief. Should your excellency so desire the department places itself subject to your request in cooperating with the embassy in arranging for a memorial service to His late Majesty at such date and place as your excellency may select. I have, etc., HUNTINGTON WILSON. File No. 24607. The Secretary of State to the British Minister for Foreign Affairs. [Telegram.] DEPARTMENT OF STATE, I offer to your excellency the expression of my personal sympathy and sorrow in the great loss which has been sustained by the Government of Great Britain in the death of His Majesty King Edward. P. C. KNOX. File No. 24607/2a. President Taft to His Majesty King George V. [Telegram.] THE WHITE HOUSE, In renewing to your majesty the condolences of the American Government and people upon the death of His Late Majesty I convey to you the heartiest good wishes for the prosperity of your reign. WM. H. TAFT. His Majesty King George V to President Taft. [Telegram.] L LONDON, May 7, 1910. I am deeply grateful to you, your Government, and people for your condolence on the death of my beloved father and for your good wishes for my future prosperity. GEORGE R. and I. Her Majesty Queen Alexandra to President Taft. [Telegram.] LONDON, May 7, 1910. I am deeply touched by your telegram, and I ask you to convey my heartfelt thanks to the people and the Government of the United States for their sympathy in my irreparable loss and sorrow. File No. 24607/21. ALEXANDRA No. 1268.] Ambassador Reid to the Secretary of State. AMERICAN EMBASSY, SIR: I have the honor to inclose herewith a copy of a foreign office note dated the 7th instant announcing the death of His Majesty King Edward VII and informing me that the British ambassador at Washington has been instructed by telegraph to convey the sad news to the Government of the United States I have, etc., [Inclosure.] WHITELAW REID The Minister for Foreign Affairs to Ambassador Reid. FOREIGN OFFICE, London, May 7, 1910. YOUR EXCELLENCY: It is with profound sorrow that I have the honor to announce to your excellency that it has pleased Almighty God to call to his rest His Most Gracious Majesty Edward VII, King of the United Kingdom of Great Britain and Ireland, Emperor of India. His Majesty passed away peacefully at Buckingham Palace at 11.45 last night to the profound affliction of the royal family and of all classes of his loyal subjects throughout the British Empire. I feel persuaded that your excellency will participate in the deep and widespread sorrow which this melancholy event has occasioned. The British ambassador at Washington has been instructed by telegraph to announce the mournful intelligance of His Majesty's death to the United States Government. I have, etc., E. GREY. |