PORTUGAL. AN ADDITIONAL AND AMENDATORY AGREEMENT TO THE COMMERCIAL AGREEMENT OF MAY 22, 1899, BETWEEN THE UNITED STATES AND PORTUGAL. File No. 2618/3. The Acting Secretary of State to the Brazilian Ambassador. No. 46.] DEPARTMENT OF STATE, Washington, January 22, 1907. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 18th instant by which, in accordance with the wish of the Portuguese Government, you inform this department that the Government of Portugal will publish in Lisbon on the 24th of the present month the ratification of the commercial agreement with the United States relative to Porto Rico, which was signed on November 19, 1902. You express the hope of the Portuguese Government that a corresponding proclamation of the agreement will be issued in this country. In reply I have the honor to inform you that the agreement will be proclaimed by the President in the 24th instant, in order to make its publication simultaneous in both countries. SIR: I have the honor to report that at my last interview with the minister for foreign affairs he informed me that the King of Portugal had signed the decree ratifying the agreement extending to Porto Rico the provisions of the commercial agreement between the United States and Portugal, and that the Brazilian ambassador representing Portugal in Washington had been requested by cable to notify our Government of this act. I transmit herewith a copy and translation of the decree of ratification. I have, etc., CHARLES PAGE BRYAN. Not printed. The Brazilian ambassador was acting on behalf of the Portuguese Government. [Inclosure. Translation.] TRANSLATION OF THE ROYAL DECREE RATIFYING THE SUPPLEMENTARY COMMERCIAL AGREEMENT OF THE 19TH OF NOVEMBER, 1902. Ministry for Foreign Affairs, Commercial and Consular Bureau: Dom Carlos, by the grace of God, King of Portugal and Algarves, etc., we make known to all our subjects that the General Cortes have enacted and we have approved the following law: ARTICLE 1. Be it enacted that the diplomatic act signed in Washington on the 19th November, 1902, as an extension of the commercial agreement of the 22d of May, 1889, between Portugal and the United States of America, is hereby ratified. ART. 2. All conflicting legislation is hereby repealed. We therefore direct all authorities to whom shall belong the cognizance and execution of the said law that they shall fulfill and cause it to be put into effect and observed literally and entirely. THE KING. (With rubric and seal.) The minister of the department of foreign affairs, signed and sealed at the Palace das Necessidades on the 20th of December, 1906. [GREAT SEAL OF STATE.] LUIZ CYPRIANO COELHO DE MAGALHAES. The foregoing is the decree by which Your Majesty, having sanctioned the act of the General Cortes of December the 10th, 1906, which approves the diplomatic act signed in Washington, November 19, 1902, with the addition of the commercial agreement of May the 22d, 1889, between Portugal and the United States of America, and directing the fulfillment and observation of the said decree conformably with the exact declaration thereof. For Your Majesty's verification. Done by Pedro Cid. TEXT OF AGREEMENT. Signed at Washington November 19, 1902. Proclaimed January 24, 1907. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas His Most Faithful Majesty the King of Portugal and of the Algarves and the United States of America have concluded on November 19, 1902, an Additional and Amendatory Agreement to the Commercial Agreement of May 22, 1899, between the same High Contracting Parties, entered into in accordance with the provisions of Section 3 of the Tariff Act of the United States approved July 24, 1897, which Additional and Amendatory Agreements is in the English and Portuguese texts, word for word as follows: The President of the United States of America and His Most Faithful Majesty the King of Portugal and of the Algarves, finding it expedient to amend the Commercial Agreement between the two countries, signed at Washington on the 22nd day of May, 1899, have named for this purpose their respective Plenipotentiaries, to wit: The President of the United States of America, the Honorable John Hay, Secretary of State of the United States, and His Most Faithful Majesty, the Viscount de Alte, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington; Who, after having communicated each to the other their respective full powers, found to be in good and due form, have agreed upon the following additional and amendatory Articles to be taken as part of the said Agreement: ARTICLE I. The High Contracting Parties mutually agree that the provisions of the said Agreement shall apply also to the Island of Porto Rico. ARTICLE II. This Additional and Amendatory Agreement shall be ratified by His Most Faithful Majesty so soon as possible, and upon official notice thereof the President of the United States shall issue his Proclamation giving full effect to the same. From and after the date of such Proclamation this Agreement shall take effect, and shall continue in force during the continuance in force of the said Commercial Agreement signed May 22, 1899. Done in duplicate in English and this nineteenth day of November, one Portuguese texts at Washington Now, therefore, be it known that I, THEODORE ROOSEVELT, President of the United States of America, acting under the authority conferred by said Act of Congress, have caused the said Additional and Amendatory Agreement to be made public, to the end that the same may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness 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 twenty-fourth day of January in the year of our Lord one thousand nine hundred [SEAL.] and seven, and of the Independence of the United States of America the one hundred and thirty-first. By the President: Secretary of State. THEODORE ROOSEVELT File No. 2618/3. The Acting Secretary of State to Minister Bryan. [Telegram.] DEPARTMENT OF STATE, Washington, January 26, 1907. Porto Rico agreement November 19, 1902, proclaimed by President 24th instant. BACON. File No. 2618/4-5. No. 279.] Minister Bryan to the Secretary of State. AMERICAN LEGATION, Lisbon, January 29, 1907. SIR: I have the honor to confirm your cable message of this date as follows, and to state that the Diario do Governo of the 24th instant published the text of the said agreement, a copy of which I transmit herewith. In reply to your No. 113 of January 11, 1907, File No. 2618/2, I have the honor to state that on the 8th of January the King of Portugal ratified the agreement extending to Porto Rico the provisions of the commercial agreement between the United States and Portugal, as reported in my dispatch No. 277 of January 22. I have, etc., CHARLES PAGE BRYAN. EFFECT OF ACCEPTANCE OF TITLES OF NOBILITY ON AMERICAN File No. 6339. No. 308.] CITIZENSHIP. Minister Bryan to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to report that A. V. Patterson, a native-born American citizen, who holds no office under the United States, who has for some years resided in Lisbon, Portugal, and upon whom the King of Portugal is about to confer the title of Baron, has submitted to this legation the question of the effect of his acceptance of this title upon his American citizenship and right to protection. In discussing the matter with Mr. Patterson I admitted that I could not find any provision in our Constitution or laws which specifically forbids its acceptance, or according to which its acceptance by him would entail the forfeiture of his American citizenship, but I pointed out to him that it was certainly contrary to the spirit and intention of the Constitution and laws, and referred to the fact that the renunciation of titles, etc., is made a prerequisite to naturalizations; that it would be absurd to require such renunciation if immediately after naturalization-after becoming a citizen-such title or another might be accepted. That, in my opinion, the rights of a native-born citizen in this respect were not greater than those of a naturalized American. Mr. Patterson states that his acceptance was based upon the understanding that neither an oath of allegiance to Portugal, nor renunciation of his American citizenship, will be required. I told Mr. Patterson that so far as the Portuguese Government is concerned this legation would not and could not take any interest in the matter, but that I would refer his question to Washington. Accordingly, I have the honor to request the instructions of the department as to whether the acceptance of this title (baron) by this a Not printed. American citizen will entail the loss of his citizenship and of his right to the protection of this legation. I have, etc., CHARLES PAGE BRYAN. File No. 6339. No. 131.] The Acting Secretary of State to Minister Bryan. Washington, May 16, 1907. SIR: The department has received your No. 308, of April 23 last, reporting that Mr. A. B. Patterson, a native-born American citizen, who holds no civil office under the United States and who has for some years been residing in Lisbon, has had the title of baron conferred upon him by the King of Portugal and has submitted to your legation the question of the effect his acceptance of this title would have upon his American citizenship and right to protection. You state that you informed Mr. Patterson that you could find no provision in the Constitution or laws of the United States specifically forbidding his acceptance of a title from a foreign government, but you pointed out to him that it was certainly contrary to the spirit and intent of the Constitution and laws of the United States, and that the naturalization laws specifically require that an alien before receiving naturalization shall renounce any foreign title of nobility which he may hold. It appears that Mr. Patterson's acceptance of the title is made with the understanding that he is not to be required to take an oath of allegiance to the King of Portugal nor to renounce his American citizenship, and you further informed Mr. Patterson that so far as the Portuguese Government is concerned your legation would not, and could not, take any interest in the matter. The department is of opinion that the information you gave Mr. Patterson was correct. You may add that the acceptance of a title from a foreign government is so opposed to the spirit of our institutions and laws that, although not specifically forbidden, and therefore not in itself sufficient to work expatriation, it is a circumstance to be considered in determining whether or not an American citizen has expatriated himself. I am, etc., ROBERT BACON. File No. 2956. No. 108.] MILITARY SERVICE CASE OF FRANK FREITAS. The Secretary of State to Minister Bryan. DEPARTMENT OF STATE, Washington, December 18, 1906. SIR: I inclose a copy of a dispatch from the American consul at Funchal reporting that Frank Fratus (Freitas), a naturalized American citizen of Portuguese origin, has been arrested by the local authorities and compelled to perform military service, also a copy of the application for a passport made by Mr. Freitas to the American consul at St. Michaels, Azores. You will see what can be done in his behalf. I am, etc., E. ROOT. |