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NORWAY.

NATURALIZATION CONVENTION OF 1869 BETWEEN THE UNITED STATES AND SWEDEN AND NORWAY: INTERPRETATION OF ARTICLE III OF THE PROTOCOL THERETO.

File No. 711.574.

The Norwegian Minister to the Secretary of State.

LEGATION OF NORWAY, Washington, March 20, 1911.

SIR: By Article III of the convention concluded May 26, 1869, between Norway and Sweden and the United States it has been stipulated that if a citizen of the one party, who has become a recognized citizen of the other party, takes up his abode once more in his original country, and applies to be restored to his former citizenship, the Government of the last-named country is authorized to receive him again as a citizen on such conditions as the said Government may think proper.

In order to define and explain more exactly the contents of the said convention, the respective powers have in a protocol done at Stockholm, May 26, 1869, made the following declaration relating to the above-mentioned Article III:

It is further agreed that if a Swede or Norwegian who has become a naturalized citizen of the United States, renews his residence in Sweden or Norway without the intent to return to America, he shall be held by the Government of the United States to have renounced his American citizenship. The intent not to return to America may be held to exist when the person so naturalized resides more than two years in Sweden or Norway.

Acting under instructions from my Government I have the honor to ask whether the American Government might be willing to accept such an interpretation of the above-mentioned Section III of the protocol, that the two years' stay in the original country shall be considered to be only a term, after the expiration of which the person concerned shall under any circumstances whatever be held to have renounced his American citizenship, so that the renouncement of the said citizenship may be deemed to have taken place before the expiration of the two years in case the person in question has satisfactorily stated his intention not to return to the United States of America.

Adding that I should feel greatly obliged for receiving in due course your excellency's answer in the matter set forth above,

Í avail, etc.,

H. BRYN.

No. 37.]

The Secretary of State to the Norwegian Minister.

DEPARTMENT OF STATE,

Washington, March 29, 1911. SIR: I have the honor to acknowledge the receipt of your note of the 20th instant relative to the loss of American citizenship by naturalized Swedes or Norwegians who may renew their residence in the country of their nativity without the intent to return to America.

Article III of the protocol to the naturalization convention of 1869 between the United States and Sweden and Norway provides:

It is further agreed that if a Swede or Norwegian, who has become a naturalized citizen of the United States, renews his residence in Sweden or Norway without the intent to return to America, he shall be held by the Government of the United States to have renounced his American citizenship.

The intent not to return to America may be held to exist when the person so naturalized resides more than two years in Sweden or Norway.

In reply to your inquiry whether "the American Government might be willing to accept such an interpretation of the abovementioned Section III of the protocol, that the two years' stay in the original country shall be considered to be only a term, after the expiration of which the person concerned shall under any circumstances whatever be held to have renounced his American citizenship, so that the renouncement of the said citizenship may be deemed to have taken place before the expiration of the two years in case the person in question has satisfactorily stated his intention not to return to the United States of America," I have to say that if the inquiry of your Government is whether this Government would be willing to interpret the article of the protocol quoted to mean that a two-years' stay in the country of his origin by a Norwegian who has obtained naturalization in the United States shall be deemed conclusive evidence of renunciation of his American citizenship, the answer must be in the negative, as the article of the protocol provides that such two years' stay, in the absence of proof that the party renewed his residence in Norway without intent to return to the United States, raises the presumption of intent not to return, which may be rebutted by proof to the contrary.

On the other hand, however, this Government interprets the protocol to mean that a former Norwegian who secures naturalization in the United States may be deemed to have renounced his American citizenship before the expiration of the two years, if it be satisfactorily shown that he does not intend to return to the United States. Accept, etc.,

P. C. KNOX.

PANAMA.

CONVENTION FOR THE SETTLEMENT OF THE BOUNDARY DISPUTE BETWEEN COSTA RICA AND PANAMA. GOOD OFFICES OF THE UNITED STATES.1

File No. 718.1915/189.

The Ministers on Special Mission of Costa Rica and of Panama to the Secretary of State.

WASHINGTON, June 10, 1911. Mr. SECRETARY: Referring to our interview of Thursday the 8th instant in regard to the arbitration of the boundary question between Costa Rica and Panama, of which your excellency is well informed, we have the honor to confirm our request to place in the hands of the honorable the Chief Justice of the United States of America the inclosed note requesting his honor to accept the office of arbitrator upon said boundary question.

With many thanks in advance, we have, etc.,

J. B. CALVO.
BELISARIO PORRAS.

[Inclosure.]

The Ministers on Special Mission to the Chief Justice of the Supreme Court. To the honorable the Chief Justice of the United States of America:

The undersigned, Joaquín Bernardo Calvo, envoy extraordinary and minister plenipotentiary of the Republic of Costa Rica, and Belisario Porras, envoy extraordinary and minister plenipotentiary of the Republic of Panamá, have the privilege to submit to your honor an authentic copy of the convention entered into between the two aforesaid Republics under date of the 17th of March, 1910, whereby your honor was nominated arbitrator to decide, in conformity with the terms of said convention, upon their boundary questions. This convention was duly approved by the respective Legislatures of the Republics of Costa Rica and Panama last year, and the ratifications were exchanged at the city of Washington on the 17th of last May.

As your honor will observe in Article IV, the representatives of both Governments concerned, or only one of either of them, should, 30 days after the ratifications of the said convention have been exchanged, address your honor. requesting the acceptance of the office of arbitrator assigned to your honor by Article I of the same convention.

Therefore, the requisite formalities having taken place, we respectfully beg leave to request your honor to kindly accept the office referred to and advise us of your acceptance.

We are deeply interested to put an end to this boundary question, which is the only one that divides our sister Republics, and we feel fully confident of your honor's wisdom and sound judgment.

WASHINGTON, D. C., June 10, 1911.

J. B. CALVO.
BELISARIO PORRAS.

1 See Foreign Relations, 1910, p. 772.

The Secretary of State to the Chief Justice.

DEPARTMENT OF STATE,
Washington, June 13, 1911.

SIR: At the request of Señor Don Joaquín Bernardo Calvo, envoy extraordinary and minister plenipotentiary of Costa Rica, and of Dr. Belisario Porras, envoy extraordinary and minister plenipotentiary of Panama, I have the honor to transmit to you herewith a joint note addressed to you in which they request you to accept the office of arbitrator of the boundary dispute between their respective countries.

1

I have, etc.,

P. C. KNOX.

The Secretary of State to the Minister on Special Mission.

DEPARTMENT OF STATE,
Washington, June 13, 1911.

SIR: I have the honor to acknowledge the receipt of the joint note dated the 10th instant, signed by yourself and Mr. Calvo, minister of Costa Rica, inclosing a joint note addressed by you and Mr. Calvo to the honorable the Chief Justice of the United States of America, in which the latter is requested to accept the office of arbitrator of the boundary dispute between the Republics of Panama and Costa Rica.

In reply I have the honor to inform you that I have taken pleasure in forwarding to the Chief Justice, this day, the letter which you and Mr. Calvo have addressed to him, with the copy of the convention which accompanied it.

A note similar to this has also been addressed to Mr. Calvo.

Accept, etc.,

P. C. KNOX.

File No. 718.1915/193.

The Chief Justice to the Secretary of State.

PORT HOPE, ONTARIO, CANADA, July 26, 1911. MY DEAR MR. SECRETARY: I have your recent letter 2 inquiring concerning my action in the request referred to me by the representatives of Costa Rica and Panama as to the arbitration provided for in the agreement between these two countries. I must apologize for my delay in replying to the request, which has been occasioned by circumstances over which I had no control. I beg leave under this cover to send you a copy of a letter by me to-day addressed to the ministers of the two countries, and at the same time to send you the letters which I have addressed to the respective ministers so that you may see that they are delivered.

The conditions which I have imposed to the acceptance of the duty of arbitration are in exact compliance with the result of a conversa

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tion which took place between myself and the ministers of the respective countries in Washington in June last, of which conversation and understanding I took the liberty of informing you in a letter1 addressed to you some time since.

With the greatest respect, believe me, etc.,

EDWARD D. WHITE,

[Inclosure.]

The Chief Justice to the Ministers on Special Mission.'

PORT HOPE, ONTARIO, CANADA, July 25, 1911.

GENTLEMEN: I have the honor to acknowledge the receipt of your esteemed favor of June 10 last, dated at Washington, D. C., inclosing me "an authentic copy of the convention entered into between the two aforesaid Republics under date of the 17th of March, 1910, whereby your honor (myself) was nominated arbitrator to decide in conformity with the terms of the said convention upon their boundary questions." I beg leave to further observe the fact that in your letter referred to you have done me the honor to request me "to kindly accept the office referred to, and advise us of your acceptance."

Thus taking notice of the statements made, and of the request therein made, I beg leave to say that I accept the duty of considering and passing upon the dispute as to the boundary between the respective countries referred to in and provided for by the agreement; and this acceptance, however, on my part is made subject to the following express and special understanding, that is: “That all the documents and papers submitted to me for my action in my official capacity which are originally in the Spanish language shall be translated inte English by a translator selected by the respective parties, they being therefore wholly responsible for the sufficiency and accuracy of the translations, and that all the arguments or proceedings submitted to me to be acted upon shall be in the English language." This condition is affixed by me to my acceptance, because it seems to me to be essential to enable me to discharge the duties which the arbitration implies with fairness to both of the countries involved. I am led further to exact the condition because that condition literally conforms to what I understand was the agreement between the representatives of the respective countries when their representatives did me the honor to call upon me personally in Washington in June last and inform me of their intention to more formally notify me thereafter.

With the assurance of the greatest respect, etc.,

EDWARD D. WHITE

The Secretary of State to the Chief Justice.

Department of STATE, Washington, August 2, 1911.

MY DEAR MR. CHIEF JUSTICE: I am in receipt of your letter of the 26th ultimo, wherewith you inclose the originals and a copy of your letter addressed to the ministers of Costa Rica and Panama accepting the position of arbitrator of the boundary dispute between these two countries under the condition that all documents and 'papers submitted to you for your action in your official capacity which were originally in the Spanish language shall be translated into English by a translator selected by the respective parties, they being therefore wholly responsible for the sufficiency and accuracy of the translation; and that all arguments or proceedings submitted to you for action shall be in the English language.

1 Not printed.

Identic note to each minister.

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