Canadian Government in this matter. You will recall that Article VIII (a) 2 of the pending St. Lawrence Deep Waterway Treaty makes provision for Canada's acquiescence in increases in the diversion permitted under the decree of the Supreme Court through the Chicago drainage canal to meet an emergency. I should appreciate being informed whether, if before December 31, 1938, it should become manifest that an extension of time for curtailing the diversion in conformity with the Supreme Court's decree of April 21, 1930, is necessary, and the Government of the United States should request the acquiescence of the Canadian Government, the Government of Canada would in such circumstances give its acquiescence in such an extension for a period of not to exceed two years from December 31, 1938, on the understanding that such an agreement would not in any way affect or modify the provisions of the pending Treaty. Accept [etc.] For the Secretary of State: L£157SA29/1068 The Canadian Minister (Herridge) to the Secretary of State No. 53 WASHINGTON, April 5, 1933. SIR: I have the honour to refer to your note of even date herewith, concerning the Chicago diversion as affected by the provisions of the St. Lawrence Deep Waterway Treaty. It appears that in the present circumstances it is possible that the sewage disposal program will not be completed within the time limit set forth in Article VIII (a) of the Treaty. Accordingly, insistence upon the strict application of that clause might imperil the public health of the City of Chicago. In view of these considerations, I am authorized to inform you that if such a situation arises, the Canadian Government agrees, upon request of the Government of the United States, to give its acquiescence to an extension of the above-mentioned time limit for a period not exceeding two years upon the understanding that such agreement and acquiescence will not in any way affect or modify the provisions of the Treaty. W. D. HERRIDGE I have [etc.] LOAD LINE CONVENTION BETWEEN THE UNITED STATES AND CANADA, SIGNED DECEMBER 9, 1933 Treaty Series No. 869 Convention Between the United States of America and Canada, Signed at Washington, December 9, 1933 61 The President of the United States of America and His Majesty the King of Great Britain, Ireland and the British dominions beyond the Seas, Emperor of India, in respect of the Dominion of Canada, Desiring to exempt vessels of the United States and Canada operating solely on certain sheltered waters of the west coast of North America from load line requirements, as contemplated in Article 2, Section 2 of the International Load Line Convention, signed at London, July 5, 1930,02 which reads as follows: "Ships when engaged on international voyages between the near neighbouring ports of two or more countries may be exempted by the Administration to which such ships belong from the provisions of this Convention, so long as they shall remain in such trades, if the Governments of the countries in which such ports are situated shall be satisfied that the sheltered nature and conditions of such voyages between such ports make it unreasonable or impracticable to apply the provisions of this Convention to ships engaged in such trades." have resolved to conclude a convention for these purposes, and to that end have appointed as their respective Plenipotentiaries: The President of the United States of America: William Phillips, Acting Secretary of State of the United States of America; and His Majesty the King of Great Britain, Ireland and the British dominions beyond the Seas, Emperor of India, for the Dominion of Canada: The Honorable William Duncan Herridge, P.C., D.S.O., M.C., His Envoy Extraordinary and Minister Plenipotentiary for Canada in the United States of America; Who, having communicated to each other their full powers, found in good and due form, have agreed as follows: ARTICLE I The Government of the United States of America, being satisfied that the waters of Puget Sound, the waters lying between Vancouver Island and the mainland, and east of a line from a point one nautical mile west of the city limits of Port Angeles in the State of Washington to 61 Ratification advised by the Senate, February 2 (legislative day of January 23), 1934; ratified by the President, February 21, 1934; ratifications exchanged at Washington, July 26, 1934; proclaimed by the President, August 11, 1934. 62 Foreign Relations, 1930, vol. 1, p. 261. Race Rocks on Vancouver Island, and of a line from Hope Island, British Columbia, to Cape Calvert, Calvert Island, British Columbia, the waters east of a line from Cape Calvert to Duke Point on Duke Island, and the waters north of Duke Island and east of Prince of Wales Island, Baranof Island and Chicagof Island, the waters of Peril, Neva and Olga Straits to Sitka, and the waters east of a line from Port Althorp on Chicagof Island to Cape Spencer, Alaska, are sheltered waters of the nature contemplated in Article 2, Section 2 of the International Load Line Convention, 1930, agrees to exempt from the provisions of the International Load Line Convention, and existing load line statutes of the United States, Canadian vessels, and vessels of the United States, when engaged on international voyages originating on, wholly confined to, and terminating on the above defined waters. ARTICLE II The Government of the Dominion of Canada, also being satisfied of the sheltered nature of the waters defined in Article I agrees likewise to exempt vessels of the United States and Canadian vessels from the requirements of the aforesaid convention and existing load line statutes of Canada, when engaged on international voyages originating on, wholly confined to, and terminating on the said waters. ARTICLE III The present convention shall be ratified in accordance with the constitutional methods of the High Contracting Parties. It shall take effect on the day of the exchange of ratifications, which shall take place at Washington as soon as possible, and it shall remain in force thereafter, until six months from the date on which one of the High Contracting Parties shall have given to the other notice of an intention to termi nate it. In faith whereof the above-named Plenipotentiaries have signed the present convention and affixed thereto their respective seals. Done in duplicate at Washington, the ninth day of December, one thousand nine hundred and thirty-three. EFFECT UPON AMERICAN CITIZENSHIP OF OATHS REQUIRED OF ALIENS WHO TEACH IN CANADIAN SCHOOLS 130 Howe, Audrey Marie The Secretary of State to the Chargé in Canada (Boal) No. 727 WASHINGTON, October 7, 1932. Enclosed herewith is a copy of a letter of September 1, 1932, from the American Consul General at Winnipeg, Canada, concerning the question of the citizenship of Miss Audrey M. Howe, who was born in this country and is temporarily residing in Winnipeg, Manitoba, Canada, where she is engaged as a school teacher. It appears that as a preliminary to taking this position she took the oath of temporary allegiance required of aliens who teach in Canadian schools. It further appears that this Department, in an instruction of July 25, 1932,64 authorized the Consul General at Winnipeg to register Miss Howe as a citizen of the United States, upon the ground that the school teacher's oath which she took was not to be regarded as an oath of allegiance within the meaning of the first paragraph of Section 2 of the Citizenship Act of March 2, 1907.65 However, it also appears that she has been denied admission into the United States as a citizen thereof by the immigration authorities upon the ground that she expatriated herself by taking the oath mentioned. In a letter of July 23, 1932,64 from the Honorable Edmund F. Erk, a Representative in the Congress of the United States from the State of Pennsylvania, the Department's attention was called to the case of Brother Michael Schleich, in which the same question as that mentioned above was involved. In connection with that case the Department was informed that the form of oath required of persons entering the schools of Manitoba is as follows: "I, hereby swear that, while holding any office as teacher in the public schools in the Province of Manitoba, I will be faithful and bear true allegiance to His Majesty, King George the Fifth, his heirs and successors, according to the law. So help me God." It is hardly necessary to add that the form of oath just quoted differs from the usual oath of allegiance required in Canada. In order that the Department may give further consideration to the question whether the teacher's oath mentioned above is to be regarded as an "oath of allegiance", within the meaning of the first paragraph of Section 2 of the Citizenship Act of March 2, 1907, the Department desires that the Legation endeavor to obtain and forward to it a state 64 Not printed. 65 34 Stat. 1228. ment from the appropriate authorities as to the meaning and effect of the teacher's oath, and, in particular, whether it requires complete subjection to the British Sovereign during the period when it is in effect, that is, while the person taking it is occupied as a teacher in the public schools of the Province of Manitoba. In this connection the Department desires to be informed as to the law of Canada under which teachers' caths are required. [File copy not signed] 130 Howe, Audrey Marie The Chargé in Canada (Boal) to the Secretary of State No. 1158 OTTAWA, December 22, 1932. [Received January 3, 1933.] SIR: I have the honor to refer to instruction No. 727 of October 7, 1932, concerning the question of the citizenship of Miss Audrey M. Howe and to transmit herewith a copy of a note No. 156 of December the 16th, 1932, together with its enclosures, from the Secretary of State for External Affairs,66 in which it is stated that the question of oaths to be taken by teachers is a matter within the jurisdiction of the several provinces. The replies of certain of the provinces to an inquiry from the Department of External Affairs are attached herewith.66 In the case of Miss Audrey M. Howe, the Lieutenant-Governor of Alberta states that she took the oath of allegiance in 1929. He adds: "Beyond this my Ministers have nothing further to add to the information already furnished." Respectfully yours, Howe, Audrey Marie PIERRE DE L. BOAL Memorandum by Mr. Richard W. Flournoy of the Office of the Legal Adviser [WASHINGTON,] February 3, 1933. The question whether the Americans who take oaths of office when they accept positions as teachers in Canada thereby lose their American nationality under the provision of the first paragraph of Section 2 of the Act of Congress of March 2, 1907, would seem to depend upon the nature of the particular oath taken. If the oath appears from its phraseology to be an unqualified oath of allegiance, it seems necessary to hold that American nationality is lost by taking it. If, on the other hand, the oath appears merely to obligate the taker to be obedient and to bear Not printed. |