closed, which was sent to Secretary of State Olney on June 8, 1896, by Prince Wrede, at that time Austro-Hungarian chargé d'affaires, and which was made known to the American authorities concerned by means of the memorandum of the State Department under date of June 22, 1896, of which a copy is likewise inclosed.

From this correspondence it is to be seen that the only form of oath that will take into account the political status of the AustroHungarian Monarchy will be one which, on the one hand, recognizes the fact of a separate Austrian and Hungarian citizenship, and which, on the other, recognizes the fact that the ruler to whom the Austrian or Hungarian citizen renounces his allegiance unites both the States of the Monarchy under his scepter in common.

Just as in 1896, my Government still considers it to be of the greatest importance that the title of His Imperial and Royal Apostolic Majesty should always read "His Majesty the Emperor of Austria and Apostolic King of Hungary" in American naturalization certificates, regardless of whether the person being naturalized is an Austrian or a Hungarian citizen.

While taking the liberty of requesting your excellency's kind offices in communicating the foregoing to the Department of Commerce and Labor and in having the latter resume the practice which prevailed from 1896 to 1906 with regard to the form of the renunciation clause, I beg of your excellency to kindly notify me of whatever steps you take in this matter and the results thereof.

Please accept, etc.

L. AMBRÓZY.

File No. 19913/4-7.

The Acting Secretary of State to the Chargé of Austria-Hungary.

No. 483.]

DEPARTMENT OF STATE, Washington, October 7, 1909.

SIR: I have the honor to acknowledge the receipt of your note of the 25th ultimo, in which, with reference to the department's note of July 23 last, you invite attention to the fact that your Government considers that in certificates of naturalization issued in the United States to former Austrians and Hungarians, it is of the greatest importance that the title of your Sovereign should always read "His Majesty the Emperor of Austria and Apostolic King of Hungary," regardless of the circumstance whether the person naturalized was an Austrian or a Hungarian subject.

In reply I have the honor to advise you that, pursuant to your request, it has afforded the department pleasure to communicate the contents of your note to the Secretary of Commerce and Labor, who has been asked to bring the matter to the attention of the proper officials of his deparment in order that they may take due note of the Imperial-Royal style hereafter to be used.

Accept, etc.,

ALVEY A. ADEE.

1 See For. Rels., 1897, p. 24, for note re memorandum.

ARBITRATION CONVENTION BETWEEN THE UNITED STATES AND AUSTRIA-HUNGARY.

Signed at Washington, January 15, 1909.

Ratification advised by the Senate, January 20, 1909.

Ratified by the President, March 1, 1909.

Ratified by Austria-Hungary, April 17, 1909.

Ratifications exchanged at Washington, May 13, 1909.

Proclaimed May 18, 1909.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas an Arbitration Convention between the United States of America and Austria Hungary was concluded and signed by their respective Plenipotentiaries at Washington on the fifteenth day of January, one thousand nine hundred and nine, the original of which Convention, being in the English, German, and Hungarian languages, is word for word as follows:

The President of the United States of America and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, signatories of the Convention for the pacífic settlement of international disputes, concluded at The Hague on the 29th July, 1899;

Taking into consideration that by Article 19 of that Convention the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, have resolved to conclude the following convention and for that purpose have appointed their Plenipotentaries:

The President of the United States of America, Elihu Root, Secretary of State of the United States; and

His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, Baron Ladislaus Hengelmüller de Hengervár, Grand Cross of the Orders of Leopold and Francis Joseph, 3rd Class Knight of the Order of the Iron Crown, His Majesty's Privy Counselor and Ambassador Extraordinary and Plenipotentiary to the United States of America;

Who after communicating to each other their respective full powers, found in good and due form, have agreed upon the following Articles:

ARTICLE I.

Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the High Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the High Contracting Parties, and do not concern the interests of third Parties.

225910- -FR 1909- -3

ARTICLE II:

In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement defined clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure.

It is understood that such special agreements on the part of the United States will be made by the President of the United States by and with the advice and consent of the Senate thereof.

Such agreements shall be binding only when confirmed by the governments of the High Contracting Parties by an exchange of

notes.

ARTICLE III.

The present Convention shall be ratified by the High Contracting Parties, and the ratifications shall be exchanged as soon as possible at Washington.

The present Convention shall remain in force for five years from the fifteenth day after the date of the exchange of the ratifications. In testimony whereof the respective Plenipotentiaries have signed this Convention and have affixed thereto their seals.

Done in duplicate at Washington the 15th day of January, 1909.

And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the thirteenth day of May, one thousand nine hundred and nine;

Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this eighteenth day of May in the year of our Lord one thousand nine hundred and nine, [SEAL] and of the Independence of the United States of America the one hundred and thirty-third.

By the President:

P. C. KNOX,

Secretary of State.

WM. H. TAFT.

File No. 1271/469.

ABUSE OF NATURALIZATION PAPERS.

The Department of State to the Embassy of Austria-Hungary.

Aide memoire.

DEPARTMENT OF STATE, Washington, December 20, 1909. With reference to the recent visit to the Department of State of the ambassador of Austria-Hungary, on which occasion His Excellency made inquiry touching the question of the abuse of naturalization papers by Austrians who have taken out American citizenship papers merely for purposes of protection in their native country, the Department of State begs to invite attention to the fact that the cases mentioned by the ambassador seem to come within the purview of the second paragraph of section 15 of the naturalization act of June 29, 1906. This law is quoted on the first page of the circular instruction to the diplomatic and consular officers of the United States, dated April 19, 1907, and entitled "Reports of Fraudulent Naturalization." A copy of that circular is sent herewith.1

It appears from the records that the Department of State has referred to the Department of Justice, under the provision of this law, three cases of persons who acquired permanent residence in Austria-Hungary within five years after their naturalization. Two of these cases were reported by the consul at Trieste and the other by the consul at Prague.

Attention is also invited to the second section of the expatriation act of March 2, 1907, which is quoted on the first page of the circular instruction of April 19, 1907, entitled "Expatriation.

992

These two laws clearly show that it is not the desire of the Government of the United States to extend its protection to persons who obtain naturalization fraudulently without an intention of residing in this country, or to persons who, although they may have been lawfully naturalized, have expatriated themselves by prolonged foreign residence. There are, no doubt, many naturalized American citizens of Austrian or of Hungarian origin who have been residing in their native lands for many years. It is difficult, however, for the diplomatic and consular officers of the United States to obtain information and furnish reports in regard to these persons, since they do not make known the fact of their American naturalization until, for some reason, they desire to obtain the intervention of this Government in their behalf.

It may be added that the Department of State has been informed by the Department of Justice that there is a case now pending in one of the courts which involves the question as to whether section 15 of the naturalization act of June 29, 1906, is retroactive.

The question of the retroactivity of section 2 of the expatriation act of March 2, 1907, is receiving the reconsideration of the law officers of the Department of State.

1 See Foreign Relations, 1907, p. 8.
Ibid., p. 3.

BELGIUM.

DEATH OF HIS MAJESTY LEOPOLD II, KING OF THE BELGIANS, AND THE ACCESSION TO THE THRONE OF KING ALBERT II.

File No. 3382/18.

Minister Wilson to the Secretary of State.

[Telegram.]

AMERICAN LEGATION,

St. Josse Ten Noode, December 17, 1909.

The King of the Belgians died this morning. Sending appropriate expression on the part of the President. The funeral most probably Wednesday.

File No. 3382/19A.

No. 14.]

The Secretary of State to the Belgian Minister.

WILSON.

DEPARTMENT OF STATE, Washington, December 17, 1909.

SIR: Having been officially informed by your legation of the death on the 17th instant, of His Majesty Leopold II, King of the Belgians, I have the honor to express the sincere regret felt by the Government of the United States on the receipt of this painful announcement.

A telegram conveying the same sad intelligence has been received by the President from His Majesty King Albert.

The President's condolences have been telegraphed to His Majesty, and I now desire to express the sympathy felt by the Government and people of the United States in the loss which has befallen the Government and people of Belgium in the death of their sovereign after a long and prosperous reign.

(For Mr. Knox.) HUNTINGTON WILSON.

File No. 3382/19.

Minister Wilson to the Secretary of State.

[Telegram-Paraphrase.]

AMERICAN LEGATION,

St. Josse Ten Noode, December 20, 1909.

Mr. Wilson reports that the title of the new King of Belgium will be Albert I, and that the ceremony of enthronement will take place on the 23d instant. He adds that the diplomatists will be received on the 24th.