File No. 88919. No. 576.] Minister Bryan to the Secretary of State. AMERICAN LEGATION, Lisbon, December 20, 1909. SIR: Referring to my 574 of December 14, 1909, relative to the arrest and detention for nonperformance of military service of Antonio Nunes, a minor son of a naturalized American citizen, I have the honor to inclose herewith a copy and a translation of a note from the foreign minister, dated December 13, 1909, in reply to my note of the 10th instant, a copy of which was inclosed with my aforementioned dispatch. Owing to the ministerial crisis I have been unable to further discuss the case with the Portuguese authorities. As soon as the new minister for the foreign affairs is appointed I shall take up the case with him. I have, etc., CHARLES PAGE BRYAN. [Inclosure-Translation.] The Minister for Foreign Affairs to Minister Bryan. FOREIGN OFFICE, Lisbon, December 13, 1909. EXCELLENCY: I gave immediate attention to the note which your excellency did me the honor to direct on the 10th instant, relative to the matter of the imprisonment in the Azores for nonperformance of military service of a son of the naturalized American citizen, Antonio S. Nunes. In order that the necessary details may be asked from the competent department I have to request your excellency to give me the name of the youth. Your excellency knows beforehand that I shall endeavor to have your excellency's claim considered in the most benevolent manner, but I can not conceal from your excellency that at first sight it does not appear to be in condition to be favorably settled by His Majesty's Government. If it is true that it is the question of a minor son of a Portuguese, who has become a naturalized American, a class of persons not mentioned in the convention of May 7, 1908, His Majesty's Government could not help respecting the stipulations of section 2 of article 22 of the Portuguese Civil Code, according to which the minor children of a Portuguese naturalized a foreigner, born before his naturalization, do not lose ipso facto their nationality as Portuguese. As soon as I receive the name and any other information which your excellency can furnish me I shall submit the subject to the competent department, and, as I have said, your excellency can rest assured that, within the limits of the law, I shall endeavor that your excellency's claim be considered in a less unfavorable spirit. I avail, etc., File No. 22918. CARLOS ROMa de Bocage. The Secretary of State to Minister Bryan. [Telegram.] DEPARTMENT OF STATE, Washington, January 12, 1910. Your 576, December 20th. Inform Portuguese Government without delay this Government holds that persons naturalized under section 2172, Revised Statutes, come within provisions article 1, treaty of naturalization, November 14, 1908. Similar construction has been put upon provisions in our naturalization treaties with other countries, and it is, therefore, earnestly hoped that Nunes will be released immediately. If he was forced by officials in Azores to swear allegiance to Portugal it can not be considered that he has expatriated himself under the provisions of the first paragraph of section 11 of the expatriation act of March 2, 1907, United States Statutes at Large, volume 34, chapter 2534, as it is evident that the law refers to an oath of allegiance taken voluntarily. This should be clearly explained in your protest to foreign office. As the case in question will establish a precedent, it is deemed one of importance, and you are instructed to use your best efforts toward securing the immediate release of Nunes, reporting to the department by cable, at the earliest opportunity, the result of such action. File No. 22819/5. No. 593.] Chargé Lorillard to the Secretary of State. AMERICAN LEGATION, KNOX. Lisbon, January 18, 1910. SIR: Referring to the department's telegraphic instructions of January 12, 1910, relative to the arrest for nonperformance of military service of Antonio Silveira Nunes, jr., at Terceira, Azores, which was the subject of this Legation's dispatch No. 574, of December 14, 1909, I have the honor to report that before the receipt of the instructions Mr. Bryan protested at the foreign office against the detention of Nunes, which protest he renewed in my presence at his farewell audience with the minister for foreign affairs, and at the same time left with him a memorandum, a copy of which is herewith inclosed, based on the department's cable." Yesterday the foreign minister stated to me that he had conferred about the case with the Minister of War, who had telegraphed to Terceira for additional information in the premises, and that the department's views on Nunes's nationality were being considered by the law officers of his department. The minister promised to give me a definite answer before the end of the week and he intimated that Nunes would probably be released. This I cabled to the department last evening. I have, etc., GEORGE LORILLARD. File No. 22918/7. No. 598.] Chargé Lorillard to the Secretary of State. 2 AMERICAN LEGATION, Lisbon, January 31, 1910. SIR: In continuation of my No. 595 of the 25th instant, relative to the arrest and imprisonment of Antonio Silveira Nunes, jr., a minor son of a naturalized American citizen, for nonperformance of military service, I have the honor to report that on the 26th instant the minister for foreign affairs verbally informed me that orders for Nunes's release had been cabled to Terceira on the previous Monday, as he had promised me would be done in his interview with me of the 23d instant. On the 27th the minister confirmed this information in a formal note, a copy and a translation of which are herewith 1 Not printed, see telegram. 67942°-F B 1910-53 * Not printed. inclosed. In view of section 2 of article 22 of the Portuguese Civil Code, a copy and a translation of which are inclosed herewith, the note expresses the hope that the apparent conflict between the American and Portuguese laws on the subject of the nationality of minor children of naturalized citizens may be settled to the satisfaction of both Governments. In my reply, a copy of which is also inclosed, I informed the minister that I would transmit you a copy of his note for such action as you may desire to take on the question. I have, etc., [Inclosure 1-Translation.] GEORGE LORILLARD. The Minister for Foreign Affairs to Chargé Lorillard. FOREIGN OFFICE, Lisbon, January 27, 1910. In continuation of the communication which my predecessor addressed to Mr. Page Bryan on December 13 last, and in reply to those which you have since sent me, I have the honor to communicate to you that on the 24th instant a telegraphic order was sent to the military commander of the Azores instructing that the drafting and enlistment of the youth Antonio Silveira Nunes, jr., be considered void. By this order, which implies the immediate release of the youth, you have the proof of the desire of His Majesty's Government to acquiesce in the demands of the Government of the Republic. The reasons on account of which His Majesty's Government was unable, without a complete examination of the case, to come to a decision are based entirely on motives of a legal order. The Portuguese Civil Code states (par. 2 of art. 22) that the naturalization in a foreign country of a Portuguese does not imply the loss of Portuguese nationality of the minor children born before the naturalization, except when these declare, after their majority or emancipation, that they desire to follow the nationality of their father. On the other hand, the legation of the United States of America declares that the children of naturalized American citizens, in the conditions of the youth Silveira Nunes, are American citizens. In the naturalization convention of 1908 between Portugal and the United States of America we do not seem to find a solution of the matter, because it does not expressly refer to the children of naturalized persons. It thus happens that a conflict of laws takes place which it is necessary to settle. The cordial sentiments between Portugal and the United States of America and the spirit of conciliation, which can not fail to influence in this negotiation, gives me the pleasant assurance that without difficulties to either Government we may reach a rapid agreement in this matter. A. EDUARDO VILLACA. I avail, etc., [Inclosure 2.] Chargé Lorillard to the Minister for Foreign Affairs. AMERICAN LEGATION, Lisbon, January 29, 1910. EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of January 27, 1910, in which I am informed that telegraphic orders were sent on the 24th instant to the military authorities in the Azores to immediately release the youth Antonio Silveira Nunes, jr., who had been in prison at Terceira for the evasion of military service. Your excellency adds that there appears to be a conflict between the Portuguese and American laws concerning the status of the minor children of naturalized citizens, and believes that an agreement on this question may soon be reached by the two Governments. I shall not fail to transmit to the American Government a copy of your excellency's note for its consideration and as a base for such instructions as it may be pleased to send me on this subject. For my own part I desire to reiterate to your excellency my most sincere thanks for and appreciation of the courtesy and consideration shown me by your excellency in this affair. GEORGE LORILLARD. I avail, etc., Washington, June 28-July 11, 1910. Mr. SECRETARY OF STATE: By order of my Government I caused to be delivered to the Department of State a copy of a convention between Russia and Japan, signed at St. Petersburg June 21-July 4 by Mr. Iswolsky, minister for foreign affairs, and Baron Motono, ambassador of Japan near the imperial court. I am also instructed to express to your excellency, in taking this step, the hope that you will be pleased to find in this convention, which once more attests our pacific relations with Japan, and is aimed at neither the interests of China nor those of the other powers, an additional pledge for the stability of general peace in the Far East. I seize this occasion, Mr. Secretary of State, etc., ROSEN. [Inclosure-Translation.] Copy of a convention signed at St. Petersburg, June 21-July 4, 1910, by Mr. Iswolsky, minister for foreign affairs, and Baron Motono, ambassador of Japan. The Imperial Government of Russia and the Imperial Government of Japan, sincerely adhering to the principles established by the convention concluded between them July 17-30, 1907, and desiring to develop the effects of that convention with a view to the consolidation of peace in the Far East, have agreed to complete the said arrangement with the following provisions: ARTICLE I. With the object of facilitating communications and developing the commerce of nations, the two high contracting parties engage to lend each other their friendly cooperation with a view to the amelioration of their respective railway lines in Manchuria and the improvement of the connecting service at the junctions of the said railways and to refrain from any competition inimical to the accomplishment of that purpose. ART. II. Each contracting party undertakes to maintain and respect the status quo in Manchuria as resulting from all the treaties, conventions, or other arrangements concluded up to this date either between Russia and Japan or between those two powers and China. Copies of the said arrangements have been exchanged between Russia and Japan. ART. III. Should any event arise likely to threaten the above-mentioned status quo the two high contracting parties will in every case open communications between themselves so as to agree upon such measures as they may deem necessary to take for the maintenance the said status quo. The Japanese Ambassador to the Secretary of State.1 The Governments of Japan and Russia have for some time been engaged in examining the Russo-Japanese convention of July 17-30, 1907, with a view to seeing if it might not be possible by means of additional stipulations to strengthen and confirm the situation with which that convention had to deal. Happily, the two powers have been able to reach an accord on the subject. That accord is embodied in the new convention, and the Imperial Government believe that the Government to which you are accredited will find in such convention fresh guaranties as to the maintenance of the status quo in Manchuria and the consolidation of peace in the extreme east." Minister Calhoun to the Secretary of State. AMERICAN LEGATION, SIR: Referring to my telegram, No. 31, of to-day's date, I have the honor to inclose herewith a copy in translation of the Wai-wu-Pu's circular note in the nature of a reply by China to the Russo-Japanese agreement of July 4, 1910. I have, etc., [Inclosure-Translation.] W. J. CALHOUN. The Prince of Ch'ing to Minister Calhoun. FOREIGN OFFICE, YOUR EXCELLENCY: I have the honor to inform your excellency that the Japanese minister to China and the Russian chargé d'affaires in Peking have handed to me the text of the Russian-Japanese agreement signed on July 4, 1910. My board has subjected this agreement to a deep scrutiny of more than ordinary thoroughness. Now, therefore, inasmuch as Japan and Russia mutually agree to respect and maintain the Chinese-Japanese, Chinese-Russian, and Japanese-Russian treaties, they therefore recognize and reaffirm the Japanese-Russian treaty of 1905, which explicitly recognizes the sovereignty of China in the three eastern Provinces, conserves equal opportunities for all nations, and promises assistance to China in the work of instituting measures for the encouragement of the industries and commerce of Manchuria; and likewise the principle of the opening of Manchuria embodied in the Manchurian treaty concluded between China and Japan in the thirty-first year of Kuanghsu. The Chinese Government must necessarily, therefore, in conformity with the spirit of the Japanese-Russian treaty, implement the intention of the Chinese-Japanese treaty, and unconditionally uphold all their provisions relating to the exercise of China's sovereign rights, equal opportunity for all nations, and the development of the industries and commerce of Manchuria, in the hope that thus may be served the best interest of all. In addition to notifying the Japanese minister to China and the Russian chargé d'affaires in Peking to the above effect, I have the honor to make this communication to your excellency requesting that it be transmitted to your excellency's Govern ment. A necessary dispatch. (SEAL OF THE WAI-WU-PU.) A telegram from the minister of foreign affairs, Tokyo, received at Washington, July 5 1910. Left at the Department of State by a Secretary of the Japanese Embassy. For convention, copy of which accompanied this note, see supra. *Not printed. |