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NATURALIZATION TREATY-PROPOSED STEPS TO MODIFY.

Aide mémoire.

AUSTRIAN LEGATION, Washington, November 7, 1899.

The Austro-Hungarian Government are desirous to enter into negotiations with the United States Government with regard to a modification of the naturalization treaty of September 20, 1870, and have charged me to ascertain whether the United States Government are willing to do so.

The difficulties and complications arising from that treaty are well known to the State Department, as its published diplomatic correspondence for the last ten years bears testimony to the fact.

For quite a large number of years a numerous class of people in Austria-Hungary have been making use of the stipulations of the treaty for becoming, nominally, citizens of the United States, with the sole object of living in Austria-Hungary in defiance of its military laws. After having obtained naturalization in the United States at an early age they have returned to the country of their origin, intending to live and remain there permanently, but invoking their American citizenship when called upon to fulfill their military duties.

The United States Government can have no possible interest in the acquisition of a class of citizens who fulfill none of their duties of citizenship toward them, and look upon American citizenship merely as a loophole to avoid the laws of the country in which they intend to live. Nevertheless they feel obliged to extend their protection to these mala fide citizens, and the Austro-Hungarian Government, bound by the stipulations of the treaty, had no other way to escape from the demoralizing influence of these people but by expelling them, in virtue of the right of every government to close its territory against undesirable aliens.

The Austro-Hungarian Government think that the difficulties arising for them at present from the treaty could be obviated if either the obligation to recognize naturalization obtained by citizens of one contracting party in the territory of the other, as stipulated in Article I of the treaty, would be made conditional on their expatriation not having taken place in contravention of the laws of the country of their origin, or if the principles expressed in Article II of the treaty, that naturalized citizens on return to their territory of the other party, remain liable to trial and punishment for actions committed before their emigration would be freed from the limitations of the last alinea of said article.

Personal.]

Mr. Hay to Mr. Hengelmüller.

DEPARTMENT OF STATE, Washington, November 9, 1899. MY DEAR Mr. HENGELMÜLLER: I beg to send herewith a memorandum in reply to the aide-mémoire touching the desire of the AustroHungarian Government to amend its naturalization treaty to the United States.

I am, etc.,

JOHN HAY.

[Inciosure.]

Aide-mémoire.

The grievance complained of in the Austro-Hungarian memorandum is male fide naturalization of Austro-Hungarian subjects for the mere purpose of escaping military duty. The remedies suggested are two: First. Amending the naturalization treaty so that the recognition of naturalization be made to depend on the previous Austro-Hungarian consent thereto. As to this, if the treaty were so amended, it would in effect abrogate it, since it would virtually relegate the whole question to the local laws of Austro-Hungary.

Second. Amending the treaty by omitting the last sentence of article 11, which exempts naturalized citizens from punishment for non fulfillment of military duty in all cases save the three cases therein before specified. These three specifications would expressly subject to punishment offenders falling within that description, and the saving clause being abrogated, the effect would be to relegate the whole question of protection and of punishment in all such cases to the Austro-Hungarian tribunals.

Either amendment would annul all the beneficial provisions of the treaty as regards subjection to military duty.

There are doubtless grave abuses of the privileges of naturalization. But while there would be no difficulty in providing a theoretical remedy, the practical difficulty in determining whether a man has become naturalized with such fraudulent intent or not is very great. It is so difficult that no rule has ever been formulated by statute defining naturalization, and the attempt to do so, directly or indirectly by treaty, would probably be futile. Only one phase of the difficulty, however, is suggested by the Austro-Hungarian memorandum.

No. 155.]

BELGIUM.

TRAFFIC IN SPIRITUOUS LIQUORS IN AFRICA.

Mr. Hill to Mr. Joostens.

DEPARTMENT OF STATE,
Washington, January 6, 1899.

SIR: I have considered your note of the 22d ultimo, in relation to the representation of the United States Government at the conference proposed to be held at Brussels for proceeding with the revision provided for by article 92 of the general act of July 2, 1890, concerning the regulation of the traffic in spirituous liquors in Africa.

Yo our present note importantly modifies the communication addressed to my predecessor on the 10th of January, 1898, by Count de Lichtervelde, in that the original proposition to confine the proposed conference to the representations of those signatories of the general act of 1890 having territorial possessions within the limits of the zone embraced under the general act on the western coast of Africa, now contemplates the invitation of all the signatory powers of the general act, as well as those of the nonsignatory States who have since definitely adhered to the general act. It is explained that this collective invitation does not necessarily imply the participation of all the signatory or adhering powers, but that such powers as should express a desire to take part in the conference will of right be admitted thereto, with the result of extending the sphere of action of the proposed conference to comprise the east as well as the west coast of Africa.

In bringing this announcement to the notice of the Government of the United States, you inquire, pursuant to instructions of your Government, whether it is the purpose of the United States Government to take part in the coming conference, or whether, deeming the question to be one that does not directly interest it, it would prefer to abstain from sending a representative plenipotentiary, while reserving the privilege to adhere to the decisions that may be adopted by the conference.

In Mr. Sherman's reply, of January 13, to Count Lichtervelde's note of January 10, 1898, and in communicating to the United States representative in Belgium the correspondence then had, it was contemplated by this Government that Mr. Storer should take suitable occasion to express to any members of the conference with whom he might speak on the subject expression of the desire of the Government of the United States to see action taken to control and so far as possible repress the baneful traffic in liquors among the African tribes, thus further accentuating the declarations made by the United States delegate at the conference which framed the general act of 1890. The views then put forth as to the moral duty of the conference to check the destructive trade in ardent spirits in the interior of the African continent remain unchanged.

FR 99-6

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The circumstance that the United States Government possesses no territorial interests within the zone concerning which the proposed conference is expected to take action would seem to make it unnecessary for the United States to be represented in the coming conference by a specially accredited plenipotentiary; but the United States minister in Belgium will be instructed to act, so far as may be possible, upon the lines of the instructions sent to him a year ago, and to use all suitable means of impressing the conference with the hope of this Government that its conclusions and regulations will be so practical and effective in the direction of repressing the liquor traffic as to invite the adherence of this Government to the formulated results.

I am, etc.,

DAVID J. HILL,

Acting Secretary.

Count de Lichterveld to Mr. Hay.

BELGIAN LEGATION, New York, July 9, 1899.

Mr. SECRETARY OF STATE: The conference charged with proceeding to the revision of the duties on spirituous liquors in Africa met at Brussels on the 20th of April last, and closed its labors on the 8th of June following.

I have the honor to transmit to your excellency the text of the convention resulting from the deliberations of the high assembly and the collection of the acts of the conference.

The examination of these documents will enable your excellency to understand the importance of the decisions adopted by the conference. They constitute a remarkable increase over the tariff now in force, the minimum import duty fixed by the general act of 1890 having been raised in the new agreement to more than four times the previous rate. This result can not fail to be welcomed with deep satisfaction by all who are interested in the great cause of the regeneration and preservation of the native peoples of Africa.

The Government of His Majesty the King of the Belgians was commissioned by the conference to procure the adhesion of those States which, like the United States of America, did not think proper to have themselves represented in it, but which reserved the right to adhere subsequently to the decisions that it might adopt.

The Government of His Majesty the King of the Belgians is confident that the American Government will not hesitate to approve the clauses of the convention which is (now) submitted to it, and that it will give its adhesion.

I beg your excellency to inform me as soon as possible of the decision of the American Government in the matter, and I avail myself, etc. LICHTERVELDE.

No. 196.]

Mr. Hay to Count de Lichtervelde.

DEPARTMENT OF STATE,

Washington, July 23, 1899.

SIR: I have the honor to acknowledge the receipt of your note of the 9th instant, inclosing the proceedings of the conference which met

at Brussels on April 20 last, for the purpose of revising the regulations of the liquor trade in Africa, and the convention which resulted therefrom, to which the accession of the United States is requested.

The discussions during the conference of 1889-90, which resulted in the conclusions of the general act of July 2, 1890, developed the earnest sentiment of the Government of the United States in favor of the utmost possible restriction of the deleterious traffic in spiritous liquors with the tribes of Central Africa, and the result then reached, by which an import duty of 15 francs per hectoliter of proof spirits testing 50 per cent of alcohol was imposed, fell short of the just expectations of this Government, because apparently inadequate to check the trade. The present convention, whereby the import tax is raised from 70 francs per hectoliter (about 614 cents per imperial gallon, or 52 cents per United States gallon), while still believed scarcely adequate to attain the humanitarian object of virtual prohibition for which this Government had contended, is so far in the direction desired as to merit the cordial acquiescence of the United States Government. The convention will be laid before the Senate of the United States at the next session, with the President's recommendation that that high body advise and consent to the adhesion of the United States thereto. Accept, etc.

JOHN HAY.

No. 170.]

PASSPORT-CASE OF HENRY LOUIS BECKER.

Mr. Storer to Mr. Hay.

LEGATION OF THE UNITED STATES,

Brussels, January 21, 1899. (Received February 3.) SIR: I have the honor to ask instructions in the following application for a passport.

On 19th March, 1896, Henry Louis Becker applied for a passport to my predecessor, Mr. Ewing, being then holder of a passport issued to him May, 1893, by Secretary of State Gresham.

The records of this legation show that Mr. Becker, on his application here on the form of "Person claiming citizenship through naturalization of parent," made oath that he was born in Holland in 1848 and emigrated with his father to the United States in 1853, where his father was subsequently naturalized and resided until his death, in 1893; that the applicant came abroad in May, 1893, with the passport from the Department above referred to; that he intended to return to the United States within two years from the date of the said application. On this application a passport, No. 70, from this legation was issued to him and his former passport from the Department taken up and transmitted. He applies now, 18th January, 1899, for a new passport in exchange for his passport which expired March 20, 1898. From his oral statement the applicant has not been to America since May, 1893, at all; has not returned to America within two years from March, 1896, as he declared his intention to do; and, while entirely ready to make a similar declaration now, has neither explanation nor any definite intention to give on this subject. The applicant himself never made any declaration of intention and was never natu

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