No. 8.] Mr. Hill to Signor Mayor des Planches. DEPARTMENT OF STATE, EXCELLENCY: I have the honor to acknowledge the receipt of Signor Carignani's note of November 14 last, in which, under the instruction of the Royal Government of Italy, he presents its protest against the failure of the authorities of the State of Mississippi to identify and punish the persons who committed the assault upon certain Italian subjects at Erwin in that State. The Department has taken note of the views presented by Signor Carignani and will forward copies of his note to the committees of the Senate and House of Representatives having under consideration the President's recommendation that indemnity be graciously tendered to the families of the victims and that legislation be enacted to give the Federal courts original jurisdiction of treaty offenses against aliens. Accept, etc., DAVID J. HILL, SOVEREIGNTY OF ITALY OVER SOMALILAND RECOGNIZED BY SULTAN OSMAN MAHMUD. Mr. Adee to Mr. Iddings. No. 32.] SIR: * * * I inclose copy of a letter from the attorneys of the United States Lloyds, who are anxious to ascertain exactly what the relations between Italy and the Sultan Osman Mahmud are. You will investigate the matter and report. I am, etc., ALVEY A. ADEE, Acting Secretary. Mr. Iddings to Mr. Hay. No. 81.] AMERICAN EMBASSY, Rome, August 29, 1901. SIR: I have the honor to acknowledge the receipt of your instruction No. 32, of July 31 last, directing me to obtain information in regard to the relations between Italy and the Sultan, Osman Mahmud. Italy, since 1889, has included Somaliland within her sphere of influence in Africa, and the Sultan apparently accepted her sovereignty, but some months ago he rebelled, influenced, perhaps, by the Mad Mullah, who is making trouble within the neighboring English sphere. But soon after the Indra was wrecked, and before the Asturia went ashore near Cape Guardafin, Italy, backed by two gunboats, had persuaded Osman so effectively that, when the Asturia foundered, the a Not printed. Sultan had so far returned to his allegiance that his aid was used, it is alleged, in protecting the stranded ship and cargo. Within two or three days the Italian Government has received from S. Pestalozza, its consul-general at Zanzibar, who has charge of this region, dispatches indicating that Osman Mahmud has quieted down to loyalty, and fully recognizes Italian sovereignty. He has signed an agreement which binds him to protect, by all means in his power, wrecked ships and their cargoes; to prevent trade in firearms and intoxicating liquors; to consent to the erection of light-houses on his coast, and to fly the Italian flag over all his people's vessels-the sambucii sailing boats of 300 or 400 tons. For this work and submission Italy will allow him about $5,000 a year in monthly payments. * * * * * * SIR: Referring to your No. 81, of August 29 last, I have to say that the Department will be pleased to have you send to it three copies of the recent Italian convention with the Sultan of Somaliland as soon as it shall have been published by the Italian Government. I am, etc., Mr. Meyer to Mr. Hay. JOHN HAY. No. 121.] SIR: * * * AMERICAN EMBASSY, Rome, December 11, 1901. I have the honor to send you herewith three copies. of the treaty between Italy and Sultan Osman Mahmud of Somaliland. I am, [Inclosure.] TREATY. G. V. L. MEYER. [Translated from the Italian, the Italian text having been translated from the Arabic.] In the name of God, the Gracious, the Merciful. On the basis of the previous convention between the powerful Italian Government and the Sultan Osman Mahmud, Sultan of the Mijurtines, bearing date of Shaaban 6, 1306, corresponding to April 7, 1889, and likewise on the basis of the declaration made in writing by the aforesaid Sultan to the above-mentioned Government under date of Jamed-el-Ewel, 1313, corresponding to November 16, 1894, the aforesaid Sultan Osman Mahmud, in view of the misunderstanding that has occurred between him and the Government of Italy, has recognized that he has contravened the orders of the said Government, and at the request of the same, which is understood to have been made with a view to elucidating the situation and to removing every cause of misunderstanding, both parties have agreed to the stipulations hereinafter stated. To this effect the Government of Italy has appointed as its special delegate the Chevalier Giulio Pestalozza, its consul-general, and the Sultan Osman Mahmud, Sultan of the Mijurtines agrees for himself, personally, and also in the name of his own sons or of his relatives who may succeed to the sultanate, and with the full consent of all the sheikhs and notables of the aforesaid Mijurtines, who are present on this occasion, to the following articles: ARTICLE I. The Sultan Osman Mahmud, Sultan of the Mijurtines, places his own person, his sultanate, and the entire territory of the Mijurtines, under the protection and flag of the powerful Government of Italy; he hoists the Italian flag in all the ports of call of the coast, and assumes the custody thereof, as do likewise all his dependents. ART. II. All sambuks and all Mijurtine vessels belonging to persons under his administration must be registered by the Government and carry the Italian flag, according to the laws and maritime regulations. This they are to do through the medium of the royal consul. ARTICLE III. The sultan of the Mijurtines shall afford protection and assistance to all Italians and foreigners who shall arrive in his country either for pleasure or for the purpose of engaging in trade. He shall be responsible for any harm or injury that may be done them in his territory. Every jurisdictional act concerning such persons shall, however, be reserved for the Royal Government. ARTICLE IV. If, which God forbid, any vessel shall be stranded or wrecked on the Mijurtine coasts, it shall in no wise be permissible to plunder the cargo or to molest the crews and passengers of such vessels, but it shall be the duty of the sultan and of the sheiks of the district nearest to the scene of the disaster to lend all aid and protection immediately, facilitating the transportation of the persons to Aden, or to another seat of government to which the interested parties may desire to be taken. The sultan shall order the cargo and all the appurtenances of the vessel to be well guarded until the arrival of the owner or owners, to whom said cargo and appurtenances shall be delivered. On this ground the sultan shall be entitled, both for himself and for his coadjutors, to an adequate reward from the owner or owners of the vessel and cargo. The amount of such reward shall, if necessary, be fixed by the royal consul at Aden as the circumstances may seem to him to warrant, he having first heard the arguments of the sultan. ARTICLE V. In confirmation of his aforesaid written declaration, and in pursuance of the agreement now made, Osman Mahmud, sultan of the Mijurtines, formally pledges himself under oath, before God, to prohibit the importation of firearms and of ammunition therefor, such as balls and cartridges, on all the Mijurtine coast, as also by land. Consequently, not a single gun or a single cartridge shall be imported, either for the sultan himself or for others, unless the permission of the Royal Government or its representative shall previously have been obtained in writing. If the aforesaid provisions shall be violated either by the sultan or by one of his dependents, or by any inhabitant of Mijurtina, the sultan shall be responsible therefor, and it shall be his duty to deliver such guns or cartridges as may have been clandestinely introduced to the Royal Government; furthermore, the offender shall be liable to imprisonment, or to a fine, which shall not be less than 100 rupees for each gun and 300 rupees for each box of cartridges that shall be ascertained to have been clandestinely imported; and, in case of the escape of the offender, the fine shall be imposed upon his tribe, or shall be chargeable to the sultan. The Royal Government hereby grants to the sultan the privilege of retaining such guns as he now has; the said arms shall be numbered and registered as belonging to the sultan. When the Government shall desire it, such guns may be exchanged for guns of Italian manufacture. The prohibition to import firearms in all Mijurtina shall be announced by the sultan in writing or in such other way as may be deemed most suitable. ARTICLE VI. When the Royal Government shall desire to erect a light-house on Cape Assir (Guardafui), having its base in the sea, in the village of Ollok, or in that of Damo, as likewise another light-house in another locality, such as Alula or Bandar Felek, it shall be at perfect liberty to do so. The Royal Government shall have the right to keep in the localities selected by it for the erection of light-houses such number as it may deem necessary of soldiers, employees, and of persons having charge of said light-houses and engaged in keeping them in running order. In such localities the administration and government thereof shall belong to Italy. It is understood that in the localities of Bandar Alula and Bandar Felek and their dependencies the rights heretofore exercised shall still be exercised by the same party as in the past. This convention, drawn up in duplicate, has, after having been read and explained, been confirmed, approved, and signed by Sultan Osman Mahmud, sultan of the Mijurtines, and by the sheiks who were present with him on the occasion, and whose names appear below: Done at Bandar Ollok, this 3d day of Jamad-el-Ewel, 1319, corresponding to August 18, 1901. (Signed) SULTAN OSMAN MAHMUDYUSSEF, AHMED MAHMUD. Year 1319, Jamad-el-Ewel the third. SAID YUSSEF, Dragoman. YUSSEF MAHMUD. YUSSEF NUR. AHMAD SAMANTAR. MAHMUD SHARMAKA. OMAR ISMAÏL. MAHMUDSHARWA. YUSSEF OMAR. BEIR MOHAMUD. OMAR MOHAMMED GURE. AHMUD SHARWA. ABDI SHURA. And all the Mijurtine notables. G. PESTALOZZA, Consul-General on a Special Mission. We hereby certify that we took part in the negotiations. V. RICHERI, Captain, Commanding the Royal Steamer Colomba. F. SOLA, Royal Consul-General of Italy at Aden. DIPLOMATIC IMMUNITIES.-TESTIMONY OF UNITED STATES DIPLOMATIC REPRESENTATIVES IN FOREIGN COURTS. Mr. Iddings to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN EMBASSY, (Mr. Iddings inquires if he shall give testimony against a pickpocket, which is desired by an Italian court.) Mr. Adee to Mr. Iddings. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Adee states that Mr. Iddings's testimony may be given on terms consistent with representative dignity. Unless interrogatory in open court is indispensable, personal deposition at the embassy is preferable.) No. 72.] Mr. Iddings to Mr. Hay. AMERICAN EMBASSY, Rome, August 10, 1901. SIR: I have the honor to confirm my telegram" sent to you on August 1, and your reply received on the 2d instant, both in reference to my giving my testimony against a pickpocket. My deposition is to be taken at the embassy by the judge before whom the case has come. With thanks for the courtesy of your permission in this matter, I am, etc., LEWIS MORRIS IDDINGS. CITIZENSHIP OF A CHILD BORN IN THE UNITED STATES OF ALIEN PARENTS. Mr. Adee to Mr. Iddings. No. 33.] DEPARTMENT OF STATE, SIR: I inclose herewith copy of a dispatch from the consul-general of the United States at Rome requesting instructions in regard to issuing passports to minors residing in Italy and born in the United States of alien parents, the particular case in point being that of a minor, Francesco Guarino, to whom a passport was issued by you against the consul-general's representations. The question raised by the consul-general is, in his own words, as follows: Can a minor residing temporarily or permanently abroad, but born in the United States of alien parents who have never been naturalized nor intimated their intentions of becoming naturalized, be considered an American citizen? And is such minor entitled to an American passport? The position of the Department is that birth in the United States, irrespective of the nationality of the parents, confers American citizenship; that no act of the parent can deprive the child of the status thus acquired, and that consequently such children, even though taken abroad by their parents, are entitled to be treated as citizens of the United States. In view of the decisions of our Federal courts, there can be no doubt of the correctness of this position. It has been almost uniformly held by our Federal courts that birth within the dominions and jurisdiction of the United States confers citizenship irrespective of the nationality of the parents. The question was squarely presented to the Supreme Court in 1897 in the case of Wong Kim Ark, who was born in the United States of parents who were subjects of the Emperor of China. In 1890, when he was 17 years of age, he went to China for a visit, returning to the United States the same year. He was permitted to enter the United States, and remained here until 1894, when he again went to China for a visit. He returned to the United States in 1895, but the collector of customs at San Francisco denied his application for admission on the ground that he was not a citizen of the United States. Upon habeas corpus the United States district court ordered him to be discharged on the ground that he was a citizen of a Printed ante. |
