[Inclosure.-Translation.] Decree No. 1641, of January 7, 1907. Regulations concerning the expulsion of foreigners from the national terri tory. The President of the Republic of the United States of Brazil: I make known that the National Congress has decreed, and I sanction, the following resolution: ARTICLE 1. The foreigner who, for whatever motive, should compromise the national safety or public tranquillity, may be expelled from a part or the whole of the national territory. ARTICLE 2. Are also sufficient causes for expulsion : 1. The condemnation or action by foreign tribunals for crimes or offenses of a common nature. 2. Two condemnations at least, by Brazilian tribunals, for crimes or offenses of a common nature. 3. Vagrancy, beggary, and pandering, when competently proved. ARTICLE 3. A foreigner can not be expelled when he has resided two years continuously in the territory of the Republic, or for a lesser time when he is: (a) Married with a Brazilian. (b) A widower with a Brazilian son. ARTICLE 4. The executive can impede the entrance to the territory of the Republic to every foreigner whose antecedents authorize him to be included among those to whom articles 1 and 2 refer. (Sole paragraph.) The entry can not be forbidden to a foreigner in the conditions of article 3, if he should have temporarily retired from the Republic. ARTICLE 5. The expulsion will be individual and in the form of an act, which will issue from the ministry of justice and of the interior ARTICLE 6. The executive will annually give an account of the execution of the present law to Congress and give it the names of each expelled person, stating his nationality. It will also give an account of the cases in which it refused to accede to the demands of the state authorities and the reasons for the refusal. ARTICLE 7. The executive will by an official note inform the foreigner whom it has decided to expel of the reasons for the decision and will concede to him a period of three to thirty days in which to retire. It may also, as a measure of public · safety, order his detention until the moment of departure. ARTICLE 8. Within the period that may be conceded to him, the foreigner may have recourse to the proper authority which ordered his expulsion, if this (expulsion) is founded on the dispositions of article 1, or to the federal judicial authorities when (the expulsion) results from the dispositions of article 2. Only in this latter case will the appeal have a suspensive effect. (Sole paragraph.) The appeal to the federal judicial authorities will consist in the proof of the falsity of the alleged reason, made before the sectional judge with the presence of the public prosecutor. ARTICLE 9. The foreigner who should return to the territory whence he has been expelled will be punished with a sentence of from one to three years' imprisonment, in a suit prepared and judged by the sectional judge, and after the sentence has been fulfilled he shall be once more expelled. ARTICLE 10. The executive may revoke the expulsion if the causes which determined it have ceased. ARTICLE 11. The dispositions to the contrary are revoked. Rio de Janeiro, January 7, 1907, nineteenth of the Republic. AFFONSO AUGUSTO MOREIRA PENNA. File No. 4517/2-3. No. 30.] Ambassador Dudley to the Secretary of State. AMERICAN EMBASSY, Petropolis, June 5, 1907. SIR: I have the honor to forward herewith two copies and a translation of regulations just promulgated by the President of Brazil providing the procedure for the enforcement of the Brazilian law for the expulsion of undesirable foreigners, a copy of which accompanied embassy's No. 90 of January 10, 1907. I have, etc., IRVING B. DUDLEY. [Inclosure. Translation.] Instructions for the execution of Decree No. 1641, of January 7, 1907. ARTICLE 1. The expulsion of the foreigner, from part or from all the national territory, may take place in the following cases: I. When the foreigner, for any reason, compromises the national security or the public tranquillity. II. When he has been condemned or prosecuted by foreign courts for crimes or offenses of a public nature, or when he has been twice convicted by Brazilian courts for crimes or offenses of the same nature. III. When he is a tramp, mendicant, or practices acts of pandering. (Decree No. 1641 of January 7, 1907, arts. 1 and 2.) ART. 2. The expulsion provided for in No. I of article 1 may be ordered by the Federal Government upon all occasions in which the individual shows himself, in the exclusive judgment of the Federal Government, prejudicial to the interests of national security or of public order, in any part of the Union. ART. 3. The condemnation and prosecution by foreign courts is considered proved, sufficient for expulsion, either in view of the data obtained from the governments of the countries to which the individuals in question belong, or in view of certificates thereof, made in due form by proper officers. The condemnation and prosecution by Brazilian courts will be proved in this second manner whenever it is established that definite sentences, passed to judgement, are treated of. First. Vagabondage and beggary will be proved by the warrant for imprisonment in flagrant infractions. Second. The proof of pandering must be made clear by authorized police inquiry, either by the existence of documents of acknowledged probatory worth, or the depositions of at least two credible witnesses affirming the truth of the charge. ART. 4. The expulsion will be individual and will be made by act of the minister of justice and domestic affairs. ART. 5. The act of expulsion having been issued, the foreigner will be officially notified, in writing, of the motives that determined the decision of the Government, allowing him from three to thirty days to leave the country; if it is found necessary, he may be held until the moment of departure. ART. 6. In the federal district the act of the Government will be executed by the chief of police, the disposition of the preceding article being observed. ART. 7. Inside of the time allowed the foreigner to leave the country, he may, the expulsion being based upon article 1, appeal to the executive power through a petition addressed to the minister of justice, furnishing him with any documents admitted in law substantiating the appeal. ART. 8. In other cases where expulsion may be ordered, the appeal will be made before a federal court, and shall always have a suspensive effect. The last-mentioned appeal shall consist in establishing proof of the falsity of the motive of expulsion, before the sectional judge, there being present a representative of the public ministry, and an appeal lying at the option of both parties to the supreme federal tribunal. ART. 9. The presidents and governors of the States may make requisition upon the Federal Government for the expulsion of the foreigner within such State, whenever such person falls within any of the conditions provided for by Nos. I, II, and III of Article 1 of the present instructions. First. Requisitions must be accompanied by the data-copies of the inquiry or any other documents, that may prove not only the identity of the individual whom it is proposed to expel, but his age, nationality, whether married or single, and profession, together with the facts or acts of which he is charged. Second. The Federal Government, in accord with the state governments, will take the necessary administrative measures to observe the disposition in article 12 of these instructions. In the federal district it is the duty of the chief of police to look to the suitableness of the measures referred to. ART. 10. The requisitions of the governors of the States having been attended to, the minister of justice will give them immediately knowledge of the fact, to the end that they may take steps in harmony with the provision of article 5. ART. 11. A foreigner may not be expelled who has resided in the federal district or in the States for two consecutive years, or for less time if married to a Brazilian woman, or who is a widower with a child by a Brazilian woman. (Art. 3 of decree referred to.) ART. 12. A foreigner will be denied entrance into Brazilian territory whose conduct in the country from which he came may be classified among any of the cases which justify expulsion. (Art. 4 of decree referred to.) ART. 13. The Government may revoke the expulsion if the causes determining it have ceased to exist or may allow an extension of time to that already fixed for the foreigner to leave the country. ART. 14. The foreigner who returns to the territory from which he has been expelled will be punished with a penalty of from one to three years' imprisonment, in accordance with the existing penitentiary system, in proceedings prepared and tried by the sectional judge, with all legal recourses; and after the sentence has been fulfilled he will be again expelled. (Art. 9 of the decree referred to.) ART. 15. The minister of justice in his annual report will inform Congress minutely in reference to the writs issued, attaching a list of the individuals who have been expelled, under direct decision of the Federal Government or upon requisition from the governors of the States. ART. 16. In the office of the director-general of justice of the department of state, under which all services are to be executed concerning the execution of the decree No. 1641 of January 7 of the present year, there shall be kept in a special book the register of the writs of the Government issued by virtue of the said decree. Rio de Janeiro, May 3, 1907. (Signed) AUGUSIS TAVARES DE LYRA. File No. 4517/2-3. No. 37.] The Acting Secretary of State to Ambassador Dudley. DEPARTMENT OF STATE, Washington, October 11, 1907. SIR: Referring to Mr. Lorillard's No. 90, of January 10, 1907, and acknowledging the receipt of your No. 30, of June 5 last, both concerning the Brazilian decree No. 1641, which provides for the expulsion from Brazil of undesirable foreigners, the department instructs you to inform the Brazilian Government that in case the decree should be found as interpreted in actual practice to conflict with rights secured to citizens of the United States by treaty provisions, or by the principles of the law of nations, this Government reserves the right to bring such infractions of the rights of its citizens to the attention of the Brazilian Government. I am, etc., ALVEY A. ADEE. DENUNCIATION OF TREATIES BETWEEN BRAZIL AND CERTAIN OTHER POWERS. File No. 6672. No. 9.] Ambassador Dudley to the Secretary of State. AMERICAN EMBASSY, Petropolis, April 25, 1907. SIR: I have the honor to report that the treaty of friendship, navigation, and commerce between Brazil and France, concluded at Rio de Janeiro on January 8, 1826, was denounced by the Brazilian Government on April 13, 1907, to take effect July 13 next. Articles 12, 14, 15, 16, 17, and 20 of this treaty (the only one of special importance) had already been denounced in 1832. The treaty now denounced is similar to those concluded by Brazil in 1826, 1827, and 1828, with the United States and several European countries, all of which were denounced over fifty years ago. The treaties between Brazil and Belgium, Holland, Italy, Spain, and Portugal, whereby the consuls of those powers in Brazil are given the right under certain conditions to administer the estates of intestates, were also denounced on the same date. I have, etc., IRVING B. DUDLEY. File No. 7490/-1. No. 91.] Ambassador Griscom to the Secretary of State. AMERICAN EMBASSY, SIR: In an interview which I had with His Excellency Mr. Tittoni, the Italian minister for foreign affairs, on the 15th instant, he informed me that his Government was considerably disturbed by the fact that the Government of Brazil has just denounced an accord arranged between Italy and Brazil by an exchange of notes dated the 28th and 30th of March, 1889, which determined the powers of Italian consuls in Brazil in matters concerning the estates of Italians decedent in Brazil. Mr. Tittoni furnished me with a promemoria, a copy and translation of which is appended hereto, from which it will be seen that the exchange of notes already mentioned was in the nature of an agreement for the putting into operation of an old regulation approved by decree of the Brazilian Government dated November 8, 1851. It appears that similar accords, with like provisions, were entered into between the Government of Brazil and the Governments, respectively, of Belgium, France, Germany, Portugal, Spain, and Switzerland. The agreements entered into with Italy and the other States have now been denounced by a note of the Brazilian Government of April 15 last giving notice that the agreements will terminate after three months; that is to say, on the 15th of July, 1907. Mr. Tittoni stated that the termination of these agreements leaves the estates of foreigners decedent in Brazil entirely at the mercy of the local authorities and deprives the foreign consuls of all power of preserving and protecting the estates of their conationals who die in Brazil. He stated that, as there are about 1,200,000 Italian subjects there resident, the question now raised is giving serious concern to the Italian Government. Although Italy is the foreign country most interested, owing to the great number of Italian subjects in Brazil, yet the minister thinks the matter is one which must also be of interest to our Government, and he therefore asks me to ascertain informally how you are disposed to view the matter. I assured his excellency that I would at once bring the subject to your knowledge and ask for some informal expression of your opinion. I have, etc., SIR: I have to acknowledge the receipt of your No. 91, of June 18 last, reporting your conversation with the Italian minister for foreign affairs in regard to the denunciation by the Government of Brazil of the agreement by exchange of notes with Italy determining the powers of Italian consuls in Brazil over the estates of their deceased fellow-countrymen. There is no consular convention in force between the United States and Brazil, and this Government appears to have declined to make with Brazil an arrangement such as that referred to in your dispatch. Brazil contends that the jurisdiction of our consuls over the estates of decedent Americans in Brazil is limited by the general principles of international law. This Government has insisted that it had certain treaty rights under the treaty of 1828 (which was abrogated by Brazil, so far as it related to commerce and navigation, by the notice given March 26, 1840), but Brazil has never admitted the correctness of its interpretation. It would seem that the recent action of Brazil in denouncing its agreements with certain foreign powers can have but little effect upon American interests. ROBERT BACON. I am, etc., a Not printed. |