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CORRESPONDENCE WITH THE LEGATION OF THE ARGENTINE REPUBLIC AT WASHINGTON.
Mr. Carranza to Mr. Blaine.
Mr. SECRETARY OF STATE:
I have the honor herewith to transmit to you, together with the usual copy, the Cabinet letter which the President of the Argentine Republic addresses to the President of the United States, requesting him to accept the office of arbitrator in the boundary question between the Argentine Republic and the United States of Brazil.
Begging you, Mr. Secretary of State, to transmit the aforesaid document to its high destination, I avail myself, etc.,
ROQUE CASAL CARRANZA.
The President of the Argentine Republic to the President of the United States. Carlos Pellegrini, Constitutional President of the Argentine Republic, to His Excellency the President of the United States of America:
GREAT AND GOOD FRIEND: By Article II of the treaty signed in this city on the with to inclose, it is provided that, if the time mentioned in Article I shall come to wit day of September, 1889, an authenticated copy of which I have the honor here an end
tion pending between the Argentine Republic and Brazil shall be submitted to the President of the United States for arbitration.
The High Contracting Parties, in selecting your excellency as arbitrator, have conconsidered not only the friendly relations which bind them to the United States of America, but also the lively interest taken by your excellency in everything connected with the civilization of the American nations. I therefore beg your excellency to accept the office of arbitrator, which is conferred upon you by that international instrument, to the end that your just and impartial decision may settle this matter (which has been in dispute for more than a century) in a manner satisfactory and honorable to both countries.
With the most sincere wishes for the prosperity of the United States of America, I have the honor to offer your excellency the assurances of my highest consideration and regard.
Done in the city of Buenos Ayres, capital of the Argentine Republic, April 12, 1892.
Treaty of arbitration between the Argentine Republic and the Empire of Brazil. . Miguel Suarez Celman, Constitutional President of the Argentine Republic, to all unto whom these presents shall come, greeting:
Whereas a treaty of arbitration between the Argentine Republic and the Empire of Brazil was negotiated, concluded, and signed in the city of Buenos Ayres, on the 7th day of September of the current year, by the plenipotentiaries duly authorized for this purpose, the said treaty being as follows:
His excellency the President of the Argentine Republic and His Majesty the Emperor of Brazil, desiring to settle as speedily as possible the boundary question now pending between the two States, have agreed, without prejudice to the treaty of September 28, 1885, to fix a time for the conclusion of the discussion of the law governing the case, and, in case of their inability to reach an understanding, to submit the said question to the arbitration of a friendly Government, and, a treaty being necessary for that purpose, have appointed their plenipotentiaries, to wit
His excellency the President of the Argentine Republic, Dr. Norberto Quirno Costa, his minister secretary of the interior, and acting minister secretary of foreign relations;
His Majesty the Emperor of Brazil, Baron de Alencar, of his council, and his envoy extraordinary and minister plenipotentiary in the Argentine Republic;
Who, having exchanged their full powers, which were found to be in good and due form, have agreed upon the following articles:
The discussion of the right which each of the High Contracting Parties thinks that it has to the territory in dispute between them, shall be closed within ninety days, reckoned from the termination of the survey of the land in which are the sources of the rivers Chapecó or Pequiri-Guasú and Yangada or San Antonio-Gnasů.
That survey shall be considered as finished on the day on which the Commissions appointed by virtue of the treaty of September 28, 1885, shall present, to their governments the reports and plans referred to in Article IV of that treaty.
If the time fixed in the foregoing article shall expire without an amicable settlement having been reached, the question shall be submitted to the President of the United States of America for arbitration, whom, within the next sixty days, the High Contracting Parties shall address, requesting him to accept that office.
If the President of the United States of America shall decline, the High Contracting Parties shall select another arbitrator, in Europe or in America, within sixty days from the receipt of the declination, and in case of any other (declination) they shall proceed in like manner.
The appointment having been accepted, each of the High Contracting Parties shall, within twelve months, reckoned from the day on which the notification of acceptance shall have been received, lay its statement before the arbitrator, together with such documents and titles as shall be proper for the defense of its right. This statement having been presented, no addition shall be made to it, except in compliance with the requirement of the arbitrator, who shall have power to order the necessary elucidations to be laid before him.
The frontier is to be formed by the rivers which the Argentine Republic or Brazil has designated, and the arbitrator shall be requested to decide in favor of one of the parties, as shall seem to him just in view of the reasons and documents which they shall have produced.
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.
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 plenipotentiaries 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, coufirm, 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.
A true copy.
Done at Buenos Ayres, capital of the Argentine Republic, on the 21th day of the month of October, 1889.
A true copy.
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.
M. JUAREZ CELMAN,
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.
Mr. Foster to Mr. Carranza.
ENRIQUE B. MORENO,
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.
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,
By the President:
JOHN W. Foster,
Secretary of State. WASHINGTON, July 2, 1892.
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