ARTICLE VI. The decision shall be pronounced within twelve months, reckoned from the day on which the statements shall have been presented, or from the later date, if the presentation shall not have been made by both parties at the same time. It shall be final and binding, and no reason shall be alleged for the purpose of impeding its execution. ARTICLE VII. This treaty shall be ratified, and the ratifications shall be exchanged in the city of Rio de Janeiro with as little delay as possible. In testimony whereof the plénipotentiaries of the Argentine Republic and of the Empire of Brazil sign this treaty, and thereunto affix their seals, in the city of Buenos Ayres, on the 7th day of the month of September, 1889. N. QUIRNO COSTA. [Here follows the same treaty in the Portuguese language, signed by Baron de Alencar.] Now, therefore, the foregoing treaty having been examined, and having been approved by the honorable National Congress on the 22d day of the present month of October, I accept, confirm, and ratify it, pledging myself, in the name of the nation, faithfully to execute it and cause it to be executed. In testimony whereof I sign with my own hand the present instrument of ratification, sealed with the great seal of the arms of the Republic, and countersigned by the minister secretary of state in the department of foreign relations. Done at Buenos Ayres, capital of the Argentine Republic, on the 24th day of the month of October, 1889. M. JUAREZ CELMAN, A true copy. ESTANISLAO ZEBALLOS. The undersigned, having met for the purpose of exchanging the ratifications of his excellency, the President of the Argentine Republic, and of His Majesty, the Emperor of Brazil, for the treaty concluded on the 7th day of September last, providing for the speedy settlement of the boundary question between the two countries, and having examined the said ratifications, which were found to be correct, have made the exchange. In testimony whereof they sign this instrument in two copies, one being in the Spanish and the other in the Portuguese language, and thereunto affix their seals. Rio de Janeiro, November 4, 1889. [L. S.] [L. S.] A true copy. ENRIQUE B. MORENO. ESTANISLAO ZEBALLOS. Mr. Foster to Mr. Carranza. DEPARTMENT OF STATE, SIR: I have the honor to apprise you, by the President's direction, of his acceptance of the post of arbitrator, jointly tendered him by the Governments of the Argentine Republic and of Brazil, in accordance with the treaty of September 7, 1889, between them, providing for an amicable settlement of their boundary differences. I am further directed by the President to say that it will afford him great pleasure to perform this friendly service, by which a most grati fying occasion is afforded him to promote, as he confidently trusts, the good relations existing between two republics so long allied by ties of close friendship to the United States. I inclose a copy of the President's letter addressed to his excellency, the President of the Argentine Republic, accepting the trust, and add that the original has been forwarded to the minister of the United States at Buenos Ayres for formal delivery in the usual way. Accept, etc., [Inclosure.] JOHN W. FOSTER. President Harrison to President Pellegrini. Benjamin Harrison, President of the United States of America, to his excellency, Carlos Pellegrini, the Constitutional President of the Argentine Republic: GREAT AND GOOD FRIEND: I have received your letter of April 12 last, by which, in pursuance of a treaty concluded September 7, 1889, between the Governments of the Argentine Republic and Brazil, you request that I accept the position of arbitrator to decide the question of boundaries now pending between the two Republics. It gives me pleasure to accept the important trust so courteously tendered on the part of both Governments, and I take occasion to express the hope that I may thus be able to promote and strengthen the amicable relations which I so greatly desire to see existing between two neighboring Republics of our continent. Accept, excellenc, the assurances of my highest consideration. Your good friend, BENJ. HARRISON. No. 218.] AUSTRIA-HUNGARY. Mr. Chew to Mr. Blaine. LEGATION OF THE UNITED STATES, Vienna, December 23, 1891. (Received January 11, 1892.) SIR: Application having been made to this legation by Mr. Rudolph G. W. Lippitt for the renewal of a passport issued to him on the 31st of December, 1879, by Hon. John A. Kasson, then minister of the United States at this capital, and his claim to the further protection of our Government resting, in my opinion, on doubtful grounds, it has been determined to lay the facts in the case before the Department of State and await its instruction before action is taken in the matter. In answer to the usual interrogatories Mr. Lippitt stated that he was born in Vienna on January 27, 1858, his father being a native-born citizen of the United States, and, at the time, temporarily residing abroad in the capacity of secretary of this legation. That he (the applicant) has lived abroad all his life, with the exception of two visits to the United States, the first of which was made while he was an infant, when he, of course, had no power of election as to the location of his domicile, and which lasted for about one year; and the second while he was yet a minor, on which occasion his sojourn was of but a few months duration. Until he attained his majority his time was divided between England, France, and Austria, ard upon coming into possession of his estate he took up his permanent residence in the latter country, subsequently married a subject thereof, and established his domicile, living in summer at Thurnesch, Styria, and in winter at Vienna. Mr. Lippitt further stated that his citizenship of the United States had never been questioned, and it follows, as a matter of course, that he has enjoyed all the privileges and immunities common to citizens of the United States and to subjects of Austria, and has avoided all corresponding duties in each country. He has had two sons born to him, both of whom, he stated, had been registered at the consulate-general of the United States in this city as American citizens. That Mr. Lippitt was born heir to the nationality which he still claims, is conceded. Section 1993 of the Revised Statutes of the United States expressly provides that "All children heretofore born or hereafter born, out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States." There is, therefore, no room for doubt, under the facts stated above, that Mr. Lippitt was born an American citizen. The question is, however, whether by his own voluntary action in establishing his domicile abroad without having ever taken up his residence in the United States and with no present intention of so doing, he has not forfeited his birthright? Certainly it would seem that he is in error in believing his sons entitled to registration as American citizens, for the statute above cited 5 clearly goes on to state "but the rights of citizenship shall not descend to children whose fathers never resided in the United States." With the request that the State Department will favor this legation with its opinion as to the political status of Mr. Lippitt and his sons, under the within representation of facts, I have, etc., Mr. Blaine to Mr. Grant. JOHN J. CHEW. No. 179.] DEPARTMENT OF STATE, Washington, January 25, 1892. SIR: Mr. Chew's dispatch No. 218 of the 23d ultimo, relative to the application of Mr. R. G. W. Lippitt for a passport, has been received. Mr. Lippitt, by virtue of section 1993 of the Revised Statutes, was born a citizen of the United States, but he does not appear to have resided in this country in such a sense as to entitle his children to American citizenship. As Mr. Lippitt is now nearly 34 years of age, and during his whole life has resided abroad, having had, since his arriving at majority, a permanent domicile in Austria, the country of his birth, it may be fairly presumed that he has no definite intention of returning to this country within a reasonable time to perform the duties of American citizenship. Unless it is made to appear to your satisfaction that such is his intention, his application for a passport should properly be denied. I am, etc., JAMES G. BLAINE. No. 284.] Mr. Grant to Mr. Wharton. [Extract.] LEGATION OF THE UNITED STATES, Vienna, July 1, 1892. (Received July 16.) SIR: I have the honor to inclose herewith a full copy of the correspondence which has passed between this legation and the imperial and royal ministry of foreign affairs here, concerning the intended expulsion from the Austro-Hungarian monarchy of Leon Spitzer, a naturalized citizen of the United States, of Austrian birth. Mr. Spitzer's case is similar to many others which have been, and are now, continually being brought to the notice of this legation, many of which cases have already been reported to the State Department at Washington. In view of these continued expulsions of naturalized American citizens, it would seem that the time has come when the Government of the United States should take a firm stand in this matter in order to retain the proper respect of foreigners for our great nation and to secure protection for the citizens of the United States in this monarchy. I therefore ask for instructions and beg to bring to your especial consideration in connection with this subject the case of Leon Spitzer. I have, etc., FREDERICK D. GRANT. [Inclosure 1 in No. 284.] Mr. Grant to Count Kalnoky. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: I have the honor to place before your excellency the case of Mr. Leon Spitzer, a naturalized American citizen of Austrian birth, who has received notice from the commissary of police of the seventh district of this city of his expulsion from Austria. Mr. Spitzer called at this legation this morning and showed me a legal notification which he had received March 4, directing him to appear before the police magistrate of the seventh district the following day. Mr. Spitzer states that he did as he was directed, and that upon appearing before the police magistrate he was informed that he had been expelled from Austria under article 2, paragraph 5, of the law of the 27th of July, 1871, Mr. Spitzer also told me that he had been informed at the same time that it was his right to appeal his case to the "Statthalterei," which privilege he had availed himself of March 9, through his attorney, Dr. Carl Ritter Schierl von Moorburg. I inclose herewith, for your excellency's information, a copy of an affidavit sworn to this day by Mr. Spitzer, many of the facts contained therein being verified by documents which Mr. Spitzer carried upon his person. From his affidavit it appears that Mr. Spitzer emigrated to the United States when he was less than 15 years old, before he could possibly have been called upon in any way to perform military duty, and it is stated in Mr. Spitzer's affidavit, and this statement is verified by his naturalization certificate, that he resided in the United States uninterruptedly for five years or longer. These facts indicate that all the provisions of the treaty between the United States and Austria-Hungary of September 20, 1870, were complied with and none of them transgressed. It would appear, therefore, that should the police carry out their decree in expelling Mr. Spitzer, they would be violating the said treaty, a condition which, I am sure, the the Imperial and Royal Government of Austria-Hungary would be slow to sanction. Placing the statement and the affidavit of Mr. Spitzer before your excellency, I most respectfully request that his case be investigated, and, should the facts as stated in his affidavit not be proven false, that the imperial and royal authorities will cause that protection to be extended to this citizen of the United States which is guaranteed by the treaty of September 20, 1870. While awaiting a reply, I avail, etc., FREDERICK D. GRANT. [Inclosure to inclosure 1 in No. 284.] Affidavit of Leon Spitzer. VIENNA, AUSTRIA, March 11, 1892. I solemnly swear that I was born at Vienna, Austria, on or about the 28th day of January, 1867; that I emigrated to the United States, sailing on board the Labrador, from Havre, France, on or about the day of February, 1882; that I resided six and a half years uninterruptedly in the United States, from 1882 to 1889, at New York City; that I was naturalized as a citizen of the United States before the superior court of New York at New York City, on the 7th day of January, 1889; that I am domiciled in the United States, my permanent residence therein being at New York City, in the State of New York, where I follow the occupation of "manufacturer;" that I last left the United States on the day of November or December, 1889, on board the Ems, arriving at Bremen the latter part of 1889; that I have resided at Vienna since July, 1890; that I am now temporarily residing in Vienna; and that I intend to return to the United States within two years with the purpose of residing and performing the duties of citizenship therein. Further, I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion. So help me God. LEON SPITZER, |