(e) That he resides in China as the regularly appointed missionary of a recognized American church organization. The evidence required to overcome the presumption of expatriation must be of the specific facts and circumstances which bring the alleged citizen under one of the foregoing heads, and mere assertions, even under oath, of any of the enumerated reasons existing will not be accepted as sufficient. Whenever evidence shall be produced to overcome the presumption of expatriation as indicated in this instruction, the depositions and other proofs must be made in duplicate, one copy thereof being sent forthwith to this department, and if the proofs have been presented to a consul he shall notify the legation at Peking of the name of the person and of the facts concerning his residence abroad. This instruction, in so far as it relates to the presumption of expatriation from residence in China, supersedes the corresponding parts of the department's circular instruction of April 19, 1907, entitled "Expatriation." I am, etc., ELIHU ROOT. AMENDMENT TO RULE (A), TO OVERCOME THE PRESUMPTION OF File No. 1271. EXPATRIATION. DEPARTMENT OF STATE, Washington, May 14, 1908. To the American diplomatic and consular officers. GENTLEMEN: You are hereby instructed that rule (a), relative to the facts to be established to overcome the presumption of expatriation, prescribed in the circular instruction of April 19, 1907, entitled Expatriation," and the circular instruction of December 11, 1907, entitled "Expatriation and Protection of Americans in Turkish Dominions," is hereby amended so as to read: (a) That his residence abroad is solely or principally as a representative of American trade and commerce and that he intends eventually to return to the United States to reside. I am, etc., ELIHU ROOT. THIRD PAN AMERICAN CONFERENCE CONVENTIONS. Washington, May 15, 1908. To the diplomatic officers of the United States to Mexico, Cuba, the Dominican Republic, and the Central and South American States. GENTLEMEN: The conventions signed by the delegates accredited to the Third Pan American Conference at Rio de Janeiro, relating to (1) arbitration of pecuniary claims, (2) the status of naturalized citizens, and (3) codes of public and private international law, have been ratified by the United States, and, in accordance with the procedure which is observed in the cases of international acts signed in one original, the instruments of ratification by the United States were deposited with the Government of Brazil in order that that Government might notify the other Governments through diplomatic channels. The department is advised that this has been done. The American ambassador at Rio de Janeiro has informed the department, under date of March 28, 1908, that no other Government had deposited its ratification of any of these conventions with the Brazilian Government. It would appear, however, from information previously received from the ambassador, that the Government of Brazil had been notified of the ratification of the convention for the arbitration of pecuniary claims by Mexico, and of the convention looking to the establishment of an international commission of jurists for the purpose of preparing draft codes of private and public international law by Mexico, Colombia, the Dominican Republic, Brazil, Uruguay, Peru, Costa Rica, the Argentine Republic, and Guatemala. The department is further informed by a note from the minister of Nicaragua at Washington, dated February 20, 1908, that all the conventions and resolutions signed at the Rio conference had been ratified by the Legislature of Nicaragua; but no information has been received by the department showing that the Brazilian Government has been notified to this effect. The department thinks it probable that there are other countries which have ratified some or all of these three conventions, but have not, owing to lack of information as to the procedure to be followed, deposited their ratifications with, or given notice of their ratification to, the Brazilian Government. For this reason the department will be pleased to have you communicate the foregoing to the Government to which you are accredited, sending to it at the same time copies of the three conventions mentioned, which are inclosed herewith for the purpose, and inquiring whether it has ratified any or all of these conventions. If any of them has not been ratified by that Government, the department desires you to ascertain whether it is its intention to ratify and, if not, the reason why. I am, etc. ROBERT BACON, DEATH OF HONORABLE GROVER CLEVELAND. File No. 14279. DEPARTMENT OF STATE, Washington, June 24, 1908. To the diplomatic and consular officers of the United States. GENTLEMEN: Your attention is invited to the President's proclamation of to-day's date announcing the death of ex-President Grover Cleveland, and directing proper expressions of honor to his memory. You will cause the flags of your respective offices to be displayed at half-staff for a period of 30 days from the day of the receipt of this instruction or from the day on which you may have received advance information by telegraph. I am, etc., ALVEY A. ADEE, [Inclosure.] Announcing the death of Honorable Grover Cleveland. BY THE PRESIDENT OF THE UNITED STATES. A PROCLAMATION. To the people of the United States: THE WHITE HOUSE, June 24, 1908. Grover Cleveland, President of the United States from 1885 to 1889 and again from 1893 to 1897, died at 8.40 o'clock this morning at his home in Princeton, New Jersey. In his death the Nation has been deprived of one of its greatest citizens. By profession a lawyer, his chief services to his country were As mayor rendered during his long, varied, and honorable career in public life. of his city, as governor of his State, and twice as President, he showed signal power as an administrator, coupled with entire devotion to the country's good and the courage that quailed before no hostility when once he was convinced where his duty lay. Since his retirement from the Presidency he has continued well and faithfully to serve his countrymen by the simplicity, dignity, and uprightness of his private life. In testimony of the respect in which his memory is held by the Government and people of the United States, I do hereby direct that the flags on the White House and the several departmental buildings be displayed at half-staff for a period of thirty days; and that suitable military and naval honors, under the orders of the Secretaries of War and of the Navy, be rendered on the day of the funeral. Done this twenty-fourth day of June in the year of our Lord one thousand nine hundred and eight and of the independence of the United States of America the one hundred and thirty-second. [SEAL.] By the President: ALVEY A. ADEE, Acting Secretary of State. THEODORE ROOSEVELT. File No. 1636. ALASKA-YUKON-PACIFIC EXPOSITION. DEPARTMENT OF STATE, Washington, September 16, 1908. To the diplomatic officers of the United States. GENTLEMEN: I transmit herewith an invitation extended to the Government and people of the country of your residence by the management of the Alaska-Yukon-Pacific Exposition, to be held at the city of Seattle, in the State of Washington, from June 1 to October 16, 1909, to take part therein and to be represented by "official commissioners and an adequate display of the arts, sciences, and industries and a State building." 1 I also transmit a folder giving the plan and scope of the exposition and an official classification of exhibits, which have been furnished by the management to accompany the invitation. In transmitting the invitation to the Government to which it is addressed, you will make it clear that the invitation comes from the management of the exposition and not from the Government of the United States, which would, however, be glad to learn that the expo 1 Not printed. sition is considered of such importance by the invited Government as to warrant its acceptance of the invitation. And you may add that while the exposition will not be under the auspices or control of the Government of the United States, the Congress of the United States has made liberal provision for the participation of the Government in the exposition and has provided for the admission, free of the payment of duties, customs fees, or charges, of all articles that shall be imported from foreign countries for the sole purpose of exhibition at the exposition. The provisions of the sundry civil appropriation act approved May 27, 1908, relating to the Alaska-Yukon-Pacific Exposition are herewith inclosed for the further information of the invited Government. I am, etc., ALVEY A. ADEE, Acting Secretary. ARGENTINE REPUBLIC. JURISDICTION OVER ESTATES OF AMERICAN CITIZENS DYING IN THE ARGENTINE REPUBLIC. File No. 4033/3. No. 154.] The Secretary of State to Minister Wilson. DEPARTMENT OF STATE, Washington, January 21, 1908. SIR: It appears from the correspondence with the consulate general at Buenos Aires, of which I inclose copies, that the moneys in an Argentine bank belonging to the estate of the late Frank Bates, who was an American citizen, have been unclaimed for more than one year, and under Argentine laws would now escheat to the Republic. You are requested to bring this case to the attention of the Argentine Government with the object of obtaining possession of the estate under the provisions of article 9 of our treaty with the Argentine Republic; and if this can not be done, you will request such an exercise of the central power of the Argentine Government as will effect a delay in any proceedings now pending looking toward the forfeiture of the estate, in order that you may communicate with your Government. Meanwhile, in order that the department may be fully and accurately advised concerning the exact situation as to such estates in the Argentine Republic, you will send an early and full report to the department regarding the usual procedure in the administration of the estates of persons dying intestate in that country, covering in such report the general practice regarding the estates of deceased Argentine nationals, and giving fully the procedure concerning the estates of deceased foreigners, both of American and other nationalities. You will report particularly concerning the procedure in the Bates case. I am, etc., E. ROOT. No. 36.] [Inclosure 1.] Consul General Snyder to the Assistant Secretary of State. AMERICAN CONSULATE GENERAL, SIR: Having reference to my No. 16 of December 13, 1906,' reporting the death of Frank Bates, American citizen, I have the honor to inform you that according to advice received from officials in Mendoza, said Frank Bates left no papers to indicate in any way the address of his relatives in the United States, but I understand that he had only been in this country a short time. 1 Not printed. |