The publication entitled "Compilation of Treaties in Force," prepared under act of July 7, 1898, Government Printing Office, 1899, (for which, however, the Department of State, according to the printed slip affixed in the book, takes no responsibility for correctness), states, on page 443, after giving the particulars as to the date of conclusion, ratification, etc., of the convention of 1855 By this convention consuls were received in the colonies of the Netherlands. It was abrogated August 20, 1879, being superseded by the convention of 1878, etc. The text of the convention of 1855 is not even given. On the other hand, the publication entitled "Receuil des Traités et Conventions conclus par le Royaume des Pays-Bas, etc.," supposed to be the most authoritative collection of treaties entered into by the Netherlands Government with other powers since the year 1813, makes no mention of the convention of 1855 being abrogated by that of 1878, though the texts of both conventions are contained therein. Further, in the instructions from the department to this legation regarding the convention of 1878, given during the years 1878 and 1879, and on file at this office, I can not find any reference to the convention of 1878 abrogating the former one. I have, therefore, the honor, first, to submit the reasons as above stated for this legation's inability to carry out the instructions of the department regarding the transmission of Mr. Schild's certificate of appointment; and, second, to request information from the department as to whether the statements contained in the two American publications referred to above are correct, and, if so, that the legation be advised of the present convention, if any, which now governs our consular relations with the Netherlands colonies, as, so far as I can ascertain, no record of any such convention is on file here. I have, etc., No. 46.] ROGER S. G. BOUTELL. The Secretary of State to Chargé Boutell. DEPARTMENT OF STATE, Washington, October 19, 1906. SIR: I have to acknowledge the receipt of your No. 116, of the 15th ultimo, submitting a question raised in the case of Consular Agent Schild, at Padang, whose exequatur was directly transmitted to him by the Netherlands Government, that Government claiming that this procedure is required by the convention of 1855 between the United States and the Netherlands, which it considers as still in force. In this connection you point out that both in the publication entitled "Treaties and Conventions Concluded between the United States of America and other Powers, 1776-1887," and in the "Compilation of Treaties in Force, 1904," it is stated that the convention of 1855 "was abrogated August 20, 1879, being superseded by the convention of 1878." A search of the department's records fails to show that any notification of the abrogation of the convention of 1855 was made by either Government; and since the convention of 1855 especially covers the rights and privileges of consular officers of the United States in Dutch colonies, while the treaty of 1878, in its Article XVI, specifically states "the present conventions shall not be applicable to the colonies of either of the high contracting parties," there would seem not to have been any established foundation for the statement that the convention of 1878 abrogates or supersedes the convention of 1855; and it seems clear that both conventions are now in force. The department is therefore of the opinion that the contention of the Netherlands Government that the treaty of 1855 is in force is correct, and that the matter of exequaturs for American consular officers in colonies of the Netherlands is governed by the convention of 1855. The department will hereafter send the commissions of consular officers in the Netherlands colonies to the legation at The Hague, to be by it presented to the Netherlands Government with the request that an exequatur be issued and sent directly to the governor-general of the colony for his counter signature, and to be thereupon transmitted by him to the consular officer concerned. This action will accord with the procedure required by Article III of the convention of 1855. I am, sir, etc., No. 143.] Minister Hill to the Secretary of State. ELIHU ROOT. AMERICAN LEGATION, The Hague, November 27, 1906. SIR Referring to your instruction No. 44, of October 1, 1906, inclosing a certificate for Christopher (Christoffel in the certificate) S. Gorsira, and directing the legation to apply to the foreign office for his formal recognition, I have the honor to say that Mr. Boutell, as chargé d'affaires, on October 12 made this request as directed, and November 20 received a reply, of which copy and translation are inclosed. From the reply of the foreign office, in which the certificate was returned to the legation without exequatur, it appears that, in view of the provision of Article VII of the convention of 1855, it was held by the Netherlands foreign office that a vice-consul in the colonies does not require an exequatur from the Netherlands Government, and I am requested to communicate this view to my Government. The note expressing this view does not explicitly cite the words of the convention, but it appears from the text of Article VII that "viceconsuls whose nominations shall be submitted to the approval of the governor of the colony, shall be provided with a certificate given to them by the consul under whose orders they exercise their functions." If this view is held to be correct by the Department of State, the proper course would seem to be to transmit the certificate to the consul under whose orders the vice-consul is to exercise his functions, who will name the vice-consul for approval to the governor of the colony and provide the vice-consul with a certificate. For the sake of clearness, it may be added that in recent correspondence between the legation and the department (see Mr. Boutell's dispatch of September 15, 1906, and the department's reply of a Not printed. October 19) the question of the present force of the treaty of 1855 has been raised and settled affirmatively. It would further appear from the action of the Netherlands Government in the case of Johann Schild (see department's instruction of March 31, 1906," and the legation's dispatches of April 17 and September 15) that an exequatur as consular agent was sent directly by the Netherlands Government to the party concerned, which was a departure from previous and the usual practice. Although reference was then made to Article VII of the convention of 1855, it does not appear that that article applies to other officers than vice-consuls. It is to be noted, however, that Article III of the same convention provides for the issuing of exequaturs, the only officers named being "consuls-generals and consuls," no mention being made of " consular agents." If the department takes the view that a "consular agent" falls under Article III and not under Article VII of the convention, the action of the Netherlands Government may be regarded as consistent and in conformity with the treaty. 66 If, on the other hand, a consular agent" should be treated as a "vice-consul," then the action of the Netherlands Government in the case of Johann Schild is not consistent with its action in the case of Christoffel S. Gorsira. In compliance with the wishes of the foreign office I return herewith the certificate of Christoffel S. Gorsira, and await the further instruction of the department. I have the honor, etc., No. 51.] DAVID J. HILL. The Secretary of State to Minister Hill. DEPARTMENT OF STATE, Washington, December 15, 1906. SIR: I have to acknowledge the receipt of your dispatch No. 143, of the 27th ultimo, with which you return the certificate of appointment of Mr. Gorsira as vice-consul of the United States at Curaçao, and wherein you state the view of the Netherlands Government that the recognition of a vice-consul in a Netherlands colony is regulated by Article VII of the treaty of 1855, as set forth in the note from the foreign office dated November 20, a copy of which you inclose. By its instruction No. 46, of October 19, 1906, the department has expressed the view that the recognition of consular agents in Netherlands colonies is determined by Article III of the treaty of 1855, a view in which the Government at The Hague has acquiesced. The department is prepared to agree with the position now taken by the ministry of foreign affairs; Mr. Gorsira's certificate of appointment and those of other vice-consuls who may be appointed for Netherlands colonies will be sent to the consulate concerned, in order that recognition may be obtained from the governor in the manner indicated by Article VII of the treaty of 1855. I am sir, etc., E. ROOT. a Not printed. 59605-FR 1906- -74 INSANE AMERICANS CONFINED IN FOREIGN ASYLUMS. The Netherlands Minister to the Secretary of State. [Translation.] ROYAL LEGATION OF THE NETHERLANDS, Washington, D. C., January 3, 1906. MR. SECRETARY OF STATE: According to a communication I have just received from the minister for foreign affairs at The Hague, an insane person named Wybrand Feddema, who arrived at Rotterdam from New York in October last without means of support, is at present under treatment at the state asylum of Medemblick at the expense of the department of the interior. As your excellency will be pleased to observe, from the certificate I have the honor to append hereto," the said Feddema has been an American citizen since August 2, 1899, and it appears from other information that has been gathered in his case that Feddema left for the United States on April 5, 1889; was an inmate of the Islip State Hospital in New York from August 6, 1902, until December 21, 1904. In June last he gave for his address "Mount Vernon, N. Y., Wilson place, No. 3." I have been instructed by my Government to ask that the Government of the United States will kindly reimburse the cost of the patient's maintenance in an asylum for such time as may be deemed necessary, or declare its readiness to take charge of him for treatment in America. The Government of the Queen is of opinion that the first solution would be more simple and to the better advantage of the insane man, who has several relatives living in the Netherlands, so that he would likely stay with them whenever discharged from the asylum. Thus complying with my instructions, I embrace this opportunity, etc., No. 68.] VAN SWINDEREN. The Secretary of State to the Netherlands Minister. DEPARTMENT OF STATE, Washington, February 12, 1906. SIR: I have the honor to acknowledge the receipt of your note of the 3d ultimo transmitting the naturalization certificate of Wybrand Feddema, who was admitted to American citizenship August 2, 1899, by the supreme court of the State of New York, first judicial district, and stating that he is under treatment for insanity in the state asylum of Medemblik at the expense of your Government. Referring to your request that the United States will reimburse the cost of the patient's maintenance in an asylum in the Netherlands for such time as may be found necessary or will declare its readiness to take charge of him for treatment in America, I regret to inform you that there is no provision of law for such action by this Government. I have communicated your note to the governor of New York, with an inquiry whether the State of New York will assume responsibility a Not printed. for the maintenance of Feddema, and beg to inclose, for your consideration, copies of the reply thereto and its inclosure, a statement from the New York state commission in lunacy, which reports that there are in New York state institutions several natives of Holland who are not American citizens; and names two of these, Johanna Fels and Edward Heuberecht, whom the State has supported for some years in the Gowanda State Homeopathic Hospital, and who have no claim upon it whatever; and informs me that in case your Government declines to maintain both of these persons the commission will be glad to receive and maintain Wybrand Feddema if the Government of the Netherlands will make a similar arrangement with regard to either Johanna Fels or Edward Heuberecht. Awaiting any further communication on the subject with which you may be pleased to favor me, I have, etc., No. 258.] ELIHU ROOT. The Netherlands Minister to Secretary of State. [Translation.] ROYAL LEGATION OF THE NETHERLANDS, Mr. SECRETARY OF STATE: I have not failed to communicate in good time to my Government the contents of the note which your excellency was pleased to address to me under date of February 12, last (No. 68), in reply to the proposition of the Government of the Queen concerning an insane American, named Feddema, now an inmate of a state sanitarium at the expense of the Dutch department of the interior. In reply to that note I have been instructed to inform your excellency that the minister of the interior, after acquainting himself with the above-mentioned communication from the Government of the United States, is of opinion that it is more simple and therefore advisable not to carry out the exchange of insane paupers, and that the Government of the Queen consequently withdraws the proposition dealt with in my note No. 724, of January 3 last. Hereby complying with my instructions and appending hereto a statement concerning the said insane Feddema, which I beg you kindly to forward to the proper authorities, I embrace this opportunity, etc., VAN SWINDEREN. No. 61.] FICTITIOUS ESTATES IN HOLLAND. Minister Hill to the Secretary of State. AMERICAN LEGATION, The Hague, Netherlands, January 23, 1906. SIR: The number of communications from various parts of the United States received by this legation regarding alleged estates in a Not printed. |