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No. 204, Dip. Ser.]

Mr. Smythe to Mr. Olney.

LEGATION OF THE UNITED STATES,

Port au Prince, April 30, 1896. (Received May 14.) SIR: Your dispatch, No. 147, in regard to my report of the circumstances attending the expulsion of Mr. Loewi, an American citizen, is received. Department's assumption that I "took upon myself no responsibility for his safe-keeping" while my guest is entirely correct. In fact, I anticipated the Department's views in that, and also as to receiving the money and securing the passage, only tendering the service of my clerk out of courtesy to the foreign secretary, for whom and not for me, he acted.

I am, etc.,

HENRY M. SMYTHE.

No. 169.]

Mr. Olney to Mr. Smythe.

DEPARTMENT OF STATE,
Washington, December 2, 1896.

SIR: Adverting to your No. 191, of March 2 last, and to your No. 204, of April 30, 1896, relative to the expulsion of Hugo O. Loewi from Haiti, I have to say that the promise of the minister for foreign affairs, made in your No. 191, to furnish you with a statement in writing giving the reasons for Mr. Loewi's expulsion, has never been fulfilled.

You are accordingly instructed to request that the promised statement be promptly furnished you for submission to your Government.

I am, etc.,

RICHARD OLNEY.

No. 162.]

HAWAII.

NATURALIZATION OF ALIENS.

Mr. Mills to Mr. Olney.

LEGATION OF THE UNITED STATES, Honolulu, June 22, 1896. (Received July 8.)

SIR: I transmit copy of act No. 77, "to prescribe the procedure in proceedings for naturalization of aliens."

I am, etc.,

ELLIS MILLS,

Chargé d'Affaires ad interim.

[Inclosure in No. 162.]

ACT 77.

AN ACT to prescribe the procedure in proceedings for naturalization of aliens.

Be it enacted by the Legislature of the Republic of Hawaii:

SECTION 1. An alien may be admitted to become a citizen of the Republic of Hawaii in the following manner, and not otherwise:

He shall file a petition in writing, verified by oath, with a justice of the supreme court.

SEC. 2. He must set forth in his petition:

(1) That he has resided in the Hawaiian Islands for not less than two years. (2) That he intends to become a permanent citizen of the Republic of Hawaii. (3) That he is able understandingly to read, write, and speak the English language. (4) That he is able intelligently to explain, in his own words, in the English language, the general meaning and intent of any article or articles of the constitution of the Republic of Hawaii.

(5) That he is a citizen or subject of a country having express treaty stipulations with the Republic of Hawaii concerning naturalization (stating the same). (6) That he is of good moral character and not a refugee from justice.

(7) That he is engaged in some lawful business or employment (stating the same) or has some other lawful means of support (stating the same).

(8) That he is the owner, in his own right, of property in the Republic of Hawaii, of the value of not less than two hundred dollars over and above all incumbrances. (9) That he has taken the oath prescribed in article 101 of the constitution of the Republic of Hawaii.

SEC. 3. The petition shall set forth the petitioner's name in fall, his age, place of birth, and the date of his coming into the Hawaiian Islands.

SEC. 4. The petitioner shall at or before the time of his application to be admitted to citizenship declare upon oath, and subscribe to the same, that he renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty and particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject, whether by birth, naturalization or otherwise, and that he will bear true allegiance to the Republic of Hawaii. Such oath may be administered by any person authorized to administer oaths.

SEC. 5. The petitioner shall be required to prove all the allegations of his petition to the satisfaction of the justice hearing his application, and said justice is hereby authorized to examine the petitioner upon oath and to summon and examine such witnesses as he may deem essential as to the possession by the petitioner of the qualifications set forth in his petition.

SEC. 6. Upon compliance with all the requirements of this act, the petitioner shall be entitled to receive a certificate of naturalization in such form as may be prescribed by the justices of the supreme court, under the hand of the justice hearing the petition, impressed with the seal of the supreme court and attested by a clerk thereof. SEC. 7. The petition, the oath prescribed by section 4 of this act, a copy of the certificate of naturalization, and a concise statement of the evidence adduced shall be preserved among the records of the supreme court.

SEC. 8. Every petition of an alien to be naturalized shall be stamped as are ordinary petitions to the circuit courts, and a fee of five dollars shall be charged as costs of the proceedings.

SEC. 9. If the petitioner shall have received from the minister of the interior a certificate of service, as authorized and set forth in section 2 of article 17 of the constitution of the Republic of Hawaii, he shall not be required to allege in his petition his possession of the qualifications set forth in section 2 of this act, but he shall allege in his petition the receipt of such certificate and shall exhibit the same, or, in case of loss, a certified copy of the same, to the justice hearing his application. In all other respects his petition shall comply with the provisions of this act. Approved this 15th day of June, A. D. 1896.

SANFORD B. DOLE,

President of the Republic of Hawaii.

Mr. Olney to Mr. Mills.

No. 140.]

DEPARTMENT OF STATE,
Washington, July 13, 1896.

SIR: I have to acknowledge the receipt of your No. 162, of the 22d ultimo, inclosing copies of certain acts passed by the Legislature and approved by the President of Hawaii.

One of these is entitled "An act to prescribe the procedure in proceedings for naturalization of aliens," approved June 15, 1896. One of the recited conditions of this law is that an alien must set forth in his petition "that he is a citizen or subject of a country having express treaty stipulations with the Republic of Hawaii concerning naturalization (stating the same)."

The effect of this would seem to bar, henceforth, the naturalization of citizens of the United States in Hawaii, since we have no treaty of naturalization with that country.

I am, etc.,

RICHARD OLNEY.

No. 170 B.]

PARDON TO EX-QUEEN LILIUOKALANI.
Mr. Willis to Mr. Olney.

LEGATION OF THE UNITED STATES,

Honolulu, October 29, 1896. (Received Nov. 11.)

SIR: I have the honor to inform you that this Government has just granted full pardon to ex-Queen Liliuokalani, which relieves her from the payment of the fine of $5,000 imposed by the military court, and restores her to all the rights of Hawaiian citizenship.

With sentiments of high esteem, etc.,

ALBERT S. WILLIS.

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Guatemala, October 15, 1896. (Received Oct. 28.) SIR: I have the honor to confirm my cable sent you on last Tuesday, the 13th instant, at 9.30 a. m., as follows:

Honduras ministry of foreign affairs has been abolished and all business referred to Diet at San Salvador under the treaty forwarded to the Department of State July 30, 1895. I have received official notification ratification of treaty. Would like instructions.

On last Friday, the 9th instant, after the mail to the United States had closed, I received a letter signed "E. Mendoza," and addressed to me as "United States minister to Honduras" (copy and translation are herewith, marked 1), inclosing a paper stated to be a copy of a so-called treaty of union between the Republics of Honduras, Salvador, and Nicaragua (copy and translation herewith, marked 2). Mr. Pringle informs me that a copy of this treaty, when negotiated by the plenipotentiaries but still unratified, was sent to the Department in Mr. Pringle's No. 199, of July 30, 1895, hence my reference to this date in my cable for the purpose of identifying the treaty I referred to.

*

For reasons above and below stated I desired to have advices from our own consul at Tegucigalpa on the fact of the suppression of the ministry of foreign affairs and reference of diplomatic business to San Salvador and accordingly, on being informed of the circumstance on last Friday, I telegraphed Mr. Little for information. Owing to delay in transmission I did not receive his reply till Monday night. It confirmed the information I had, as above set forth. I thereupon, on Tuesday morning, sent the cable hereinabove confirmed. I have as yet no reply.

There are two points in the inclosed treaty to whichI take the liberty of calling your particular attention: (1) That by Article I the sovereignty proposed to be exercised is stated to be "temporary;" and (2) that by Article VI this sovereignty is proposed to be exercised not originally,,but by delegation.

I have, etc.,

MACGRANE COXE.

See also under "Greater Republic of Central America" and "Nicaragua."

[Inclosure 1 in No. 9.--Translation.]

Mr. Mendoza to United States Minister to Honduras.

SAN SALVADOR, September 19, 1896. SIR: I have the honor to send you herewith a pamphlet copy of the treaty between the Republics of Honduras, Nicaragua, and Salvador, by which they have agreed to form a single political entity for the exercise of their eternal sovereignty, under the name of the Greater Republic of Central America, to be represented by a Diet, composed of three members, chosen each year by the respective legislatures.

Dr. Jacinto Castellanos, Dr. E. Constantino Fiallos, and the undersigned have received (merited) this honor at the hands of the Assemblies of Salvador, Honduras, and Nicaragua, and by common consent the first of these will be the president of the Diet, the undersigned secretary, and Dr. Fiallos deputy secretary.

In having the honor of submitting the foregoing to your excellency's attention, it gives me pleasure to assure you that the change effected in the political status of the signatory Republics will in no way affect the relations which have individually existed with the nation which your excellency represents with dignity; but, on the contrary, the Diet will omit no means of cementing them day by day.

I embrace, etc.,

E. MENDOZA.

[Inclosure 2 in No. 9.]

Treaty of union concluded between the Republics of Salvador, Honduras, and Nicaragua.1 Their Excellencies General Rafael A. Gutiérrez, General J. Santos Zelaya, and Doctor Policarpo Bonilla, Presidents of the Republics of Salvador, Nicaragua, and Honduras, having inet for the important purpose of reaching an understanding with a view to devising means for the permanent establishment of the peace of Central America, and accomplishing the project, so greatly to be desired, of the reconstruction of the former body politic, immediately putting into practice all that is deemed to be easy of execution, pending its final accomplishment, have appointed Their Excellencies the Presidents of Salvador and Nicaragua, their respective ministers of foreign relations, to wit, Doctors Jacinto Castellanos and Manuel C. Matus, and His Excellency the President of Honduras, his minister of public works, to wit, Doctor E. Constantino Fiallos, who, after having exchanged their full powers and found them to be in good and due form, have agreed upon the following articles:

ARTICLE I.

The Republics of Salvador, Nicaragua, and Honduras shall hereafter form a single political entity, for the exercise of their sovereignty as regards their intercourse with foreign nations, to be known as the Greater Republic of Central America. This name shall continue in use until the Republics of Guatemala and Costa Rica shall voluntarily accept the present treaty, in which case it shall be called the Republic of Central America.

ARTICLE II.

The signatory Governments do not, by the present treaty, renounce their autonomy and independence as regards the direction of their internal affairs, and the constitution and laws of each State shall remain in force so far as they are not inconsistent with the stipulations hereof.

ARTICLE III.

For the execution of the provision contained in Article I, there shall be a Diet, composed of one member and one substitute, elected by each of the Congresses of the signatory Republics for a term of three years.

Translation made by Mr. Rodriguez and the Department of State.

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