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PERSIA.

LIABILITY OF NATURALIZED CITIZENS OF THE UNITED STATES UNDER MILITARY AND EXPATRIATION LAWS OF THEIR NATIVE COUNTRY."

DEPARTMENT OF STATE, Washington, February 18, 1901.

NOTICE TO AMERICAN CITIZENS FORMERLY SUBJECTS OF PERSIA WHO CONTEMPLATE RETURNING TO THAT COUNTRY.

The information given below is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of a foreign country.

Permission to be naturalized in a foreign country is not granted by the Persian Government to a Persian subject if he is under charge for a crime committed in Persia, or is a fugitive from justice, or a deserter from the Persian army, or is in debt in Persia, or fled to avoid pecuniary obligations.

If a Persian subject becomes a citizen of another country without the permission of the Persian Government he is forbidden to reenter Persian territory, and if he had any property in Persia he is ordered to sell or dispose of it.

There is no treaty between the United States and Persia defining the status of former Persian subjects who have become naturalized American citizens.

Passports are usually required of foreigners desiring to enter Persia, and they should, if possible, bear the visé or indorsement of a Persian consular officer.

CONDOLENCES ON ASSASSINATION OF PRESIDENT M’KINLEY.

Mr. Tyler to Mr. Hay.

No. 67.]

LEGATION OF THE UNITED STATES,
TEHERAN, September 16, 1901.

SIR: On Saturday, the 14th instant, about half past 4 in the afternoon, I received your telegram announcing that the President died at a quarter past 2 on the night of the 14th.

I immediately wrote out a notification and sent a copy to the foreign minister with a request that he would lay it before His Majesty the Shah. The Shah sent one of his sons-in-law, a personage of high distinction, and whom I have known some years.

* * -*

See instructions to Belgium, December 10, 1900, page 16.

He was

instructed to say that His Majesty was greatly affected at the receipt of this sad intelligence, and that he considered the grief and loss of the American Government and people was his own, and that they had his truest and most-genuine sympathy.

I have, etc.,

*

*

*

JOHN TYLER,

Vice Consul-General, in Charge.

CONGRATULATIONS OF THE SHAH ON THE ACCESSION OF PRESIDENT ROOSEVELT.

The Shah of Persia to President Roosevelt.

[Telegram-Translation.]

TEHERAN, September 20, 1901.

On the occasion of the accession of your excellency to the Presidency I sincerely congratulate you, and express the best wishes that I make for your happiness and the prosperity of the United States.

MOZAFFER Ed Dine.

President Roosevelt to the Shah of Persia.

[Telegram.]

EXECUTIVE MANSION, Washington, September 23, 1901.

I reciprocate your friendly greeting with cordial wishes for your welfare and the prosperity of Persia.

THEODORE ROOSEVELT.

CONGRATULATIONS ON THE ANNIVERSARY OF THE SHAH'S

BIRTHDAY.

Mr. Tyler to Mr. Hay.

No. 70.]

LEGATION OF THE UNITED STATES, Teheran, September 28, 1901. SIR: I have the honor to inform you that in accordance with general custom I attended this morning the diplomatic reception held by His Majesty the Shah, at the palace in Teheran, to celebrate his birthday. This is an annual function, and is made the occasion of some pleasant courtesies between the Shah and the representatives of foreign countries.

He made inquiries about the President's health, and told me that he had been given to understand that he was a personage of great ability and force of character. I replied that such was the general opinion.

In consequence of the legation being in mourning for the late President, I did not attend the banquet given in the evening by the prime minister, and on this account I was kindly excused.

I inclose a copy and translation of the usual note sent to the minister for foreign affairs on the morning of the Shah's birthday.

I have, etc.,

JOHN TYLER,

Vice Consul-General, in Charge.

[Inclosure.]

Mr. Tyler to the minister for foreign affairs of Persia.

LEGATION OF THE UNITED STATES,
Teheran, September 28, 1901.

YOUR EXCELLENCY: I am instructed to present through you the most cordial salutations of his excellency the new President of the Republic of the United States of North America to his Imperial Majesty the Shah, on the recurrence of His Majesty's birthday, and to express the prayer that Almighty God will preserve him in the enjoyment of health, happiness, and prosperity for many years to come.

I also take this opportunity to repeat to your excellency my sincere esteem and respect for the estimable qualities of your character and the distinguished honor of your exalted position. JOHN TYLER,

Vice Consul-General, in Charge.

Mr. Tyler to Mr. Hay.

No. 72.]

LEGATION OF THE UNITED STATES,
Teheran, October 11, 1901.

SIR: I have the honor to inclose for your information a copy and translation of a note from the minister for foreign affairs in reply to my letter of the 28th of September, 1901, tendering, on the part of his excellency the President, congratulations to His Majesty the Shah, on the celebration of his birthday.

The reply is rather belated, which is in most things rather the rule than the exception here; but I am sure it is not less sincere.

I have, etc.,

JOHN TYLER,

Vice Consul-General, in Charge.

[Inclosure.]

The minister for foreign affairs of Persia to Mr. Tyler.

MINISTRY FOR FOREIGN AFFAIRS, October 10, 1901. SIR: I have the honor to acknowledge with much pleasure and gratification the receipt of your letter of the 28th of September, 1901, in which you communicate the congratulations of the most excellent and most exalted President of the Republic of the United States of North America on the occasion of the recurrence of the birthday of His Imperial Majesty the Shah, and to inform you that it was laid at the foot of the throne.

In reply, I beg to request that you will have the goodness to bring to the notice of his excellency the President and the Government of the United States the sincere pleasure and appreciation which this message of friendship and good-will has given to His Majesty and myself as well.

I take this opportunity, etc.,

MUSHIR-ED-DOWLAH,

PERU.

CLAIM OF JAMES H. HAYBALL V. PERU.

Mr. Bayard to Mr. Buck.

No. 68.]

DEPARTMENT OF STATE, Washington, D. C., June 5, 1886.

SIR: I inclose with a reference to your No. 99" a copy of "Report No. 210" in the matter of the J. H. Hayball claim v. Peru, prepared by the Solicitor of the Department.

I am, etc.,

T. F. BAYARD.

[Inclosure.]

Mr. Wharton, Solicitor, to the Secretary of State.

Report No. 210.]

LAW BUREAU, March 3, 1886. SIR: I have examined the papers which are hereto annexed and I have no doubt that they present a case which will justify a grave demand for redress from the Government of Peru. The facts on which the claim is based may be briefly stated as follows:

On July 20, 1885, a force of 16 armed and uniformed men, of the party of General Cáceres, proceeded to Mr. Hayball's farm, some 33 miles from the coast, seized that gentleman, and demanded of him 20 horses, the same number of rifles, and a large amount of ammunition. He did not possess the rifles or ammunition, and refused to give up his horses, standing on his rights as an American citizen and consular agent at Chimbote. His animals, to the number of 80, were then seized, his store was pillaged, his orchard was laid waste, and he was forced to provide for his captors for the night. Of his animals, all but 28 were afterwards returned to him. On the 4th of August following, 8 more horses were taken from him in a similar manner. On the next day, Mr. Hayball went to Chimbote to complain to the commander of the whole force. He was promised redress, but was made to pay the land tax for the current year, $144. The promise was not fulfilled. On the 15th of November last, Mr. Hayball was compelled to pay the land tax again to the representative of the other party. This time he was assessed $180. These repeated exactions and the seizure of his property have nearly ruined the claimant, and he asks that Peru should make good to him his losses.

He further states that during the ten years he has lived at Chimbote he has never had anything to do with the political questions of the country, or violated his neutrality as an American citizen.

I therefore respectfully report that our minister at Lima should be called upon to demand from the Government of Peru a suitable redress, both for the insult to this Government in the person of its consular agent and for the personal injuries to the claimant.

All of which is respectfully submitted.

FRANCIS WHARTON, Solicitor.

Not printed.

Mr. Dudley to Mr. Hay.

[Telegram.-Paraphrase.]

LEGATION OF THE UNITED STATES,

Lima, May 26, 1901.

(Mr. Dudley reports the offer by Peru of 8,000 soles in settlement of the Hayball claim, and recommends acceptance. The claimant is quite satisfied.)

Mr. Hill to Mr. Dudley.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE,
Washington, May 28, 1901.

(Mr. Hill authorizes Mr. Dudley to accept the offer of the Peruvian Government in the matter of the settlement of the Hayball claim.)

Mr. Dudley to Mr. Hay.

No. 480.

LEGATION OF THE UNITED STATES,
Lima, May 28, 1901.

SIR: I have the honor to append copy of telegram" I sent the Department on the 26th.instant reporting Peru's offer of 8,000 soles in settiement of the claim of Mr. James H. Hayball, a citizen of the United States, for loss of property suffered by him during the Cáceres revo lution of 1885; and a copy of the Department's telegram of to-day authorizing its acceptance.

a

I also inclose herewith a copy and translation of the note of Dr. Osma, the Peruvian foreign minister, containing the proposal, and a copy of the acceptance I have just sent him.

Preliminary to acting upon the foreign minister's offer I had the claimant come to Lima to give me his views. As often happens in such cases, the valuation of the animals taken and of the damage to his garden proved to have been exaggerated. Placing, at my request, a conservative valuation upon the various items of loss complained of, it appeared from his statement that the total was between 8,000 and 9,000 soles. It is to be remarked that the estimate omits from consideration all claim to interest during the years indemnity has been withheld. Nevertheless, the claimant expressed himself as highly pleased with the offer, and I accordingly cabled the message above mentioned. It is pleasant to me to be able to add that the present foreign minister treated the reclamation not only without evasion but with candor and a fairness which is more or less apparent, eliminating the interest question, from the near coincidence of his compromise offer with the claimant's present estimate.

I have, etc.,

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