1908. 434 Mr. Root to Mr. Leishman.. Oct. 2 795 Mr. Leishman to Mr. Root.. Oct. Same to same (telegram).... Oct. 807 Same to same.. 9 Oct. 17 Mr. Bacon to Mr. Leishman (telegram). Oct. 21 Removal of restrictions on the importation of type- 6 Rights of American citizens to prosecute claims Mr. Leishman to Mr. Root...do.... Same subject. Quotes note received from the min- istry for foreign affairs informing the embassy that Same subject. Refers to department's telegram of 755 737 751 756 751 752 752 110 112 Same subject. Says that congratulatory telegrams Same subject. Acknowledges telegram of Dec. 17 753 754 754 Severing of diplomatic relations between the United States and Venezuela. Informs him of most careful reexamination of claims of Americans against Venezuela; discusses status of claims and instructs him to bring them again to attention of Venezuelan Government, and also to deliver copy of this instruction to minister for foreign affairs. Same subject. Incloses copy of note to minister for foreign affairs presenting the five cases in which American citizens claim redress and copy of reply from minister for foreign affairs stating that he can not fail to take the favorable action in each case that American Government expects. Same subject. Referring to instructions of Feb. 28, incloses copy of note from minister for foreign affairs transmitting memorandum discussing points raised by American Government in above instructions. Says Venezuelan Government is disposed to come to some amicable arrangement in regard to Critchfield case, and will consider proposition from United States and Venezuela Company for a new contract. Same subject. Acknowledges his No. 188 of Apr. 28; expresses regret at position assumed by Venezue lan Government, and instructs him to reiterate views expressed in instruction of Feb. 23. Outlines brief reply to be made to each point raised by memorandum of Venezuela. Same subject. Reports Venezuelan Government reiterates position stated in memorandum, and asks whether he shall present formal proposition for arbitration as per instructions in No. 90 of June 21. Same subject. Refers to instruction No. 90 of June 21, and incloses copy of correspondence with foreign office in regard to the five cases. Same subject. "Answering yours July 27, you will present formal proposal for arbitration, following instruction No. 90. Same subject. Reports presentation of formal proposition for arbitration on June 13, and says Government of Venezuela adheres wholly to position as stated in memorandum of Apr. 23, and in note of July 24. Same subject. Refers to his telegram of Aug. 22, and incloses copy of his note of Aug. 13 to minister for foreign affairs and copy of reply. Same subject. Quotes language to be embodied in a note to the minister for foreign affairs when the Venezuelan Government pays the first installment due United States on awards of mixed commission of 1903. Same subject. Reports Venezuelan Government considers money received by him as paid on account of all the awards of mixed commission of 1903, including award to Orinoco Steamship Co., and that it does not consider there is any question pending in regard to award to said company. Same subject. Refers to department's telegram of Sept. 14, and reports accepting 33,771.10 bolivars, first installment of money due on account of awards of mixed commission of 1903. Reports concerning strained situation and suggests that means of cable communication with Curacao be afforded him. Incloses correspondence with foreign office. Same subject. Quotes language to be embodied in note to minister for foreign affairs acknowledging receipt of first payment on awards to American claimants. 774 797 798 800 805 805 811 811 811 812 813 813 817 269 Mr. Russell to Mr. Root. 1908. Jan. 4 121 Mr. Root to Mr. Russell..... Jan. 21 Same to same (telegram).... Feb. 18 289 Mr. Russell to Mr. Root..... Feb. 29 335 Same to same (telegram).......do.... Mr. Root 10 (telegram). Mr. Sleeper June 13 Mr. Sleeper to Mr. Root.... June 22 Same subject. Refers to telegram of Dec. 19, 1907, Same subject. Instructs him to ascertain whether Same subject. Acknowledges telegram of June 15 Mr. Brewer to Mr. Root..... Aug. 5 Same subject. Acknowledges inclosures sent through Brazilian ambassador at Washington and says 817 818 819 819 820 820 821 829 GENTLEMEN: Section 2 of the act of March 2, 1907, and paragraph 144 of the Diplomatic Instructions and Consular Regulations, as amended by the Executive order of April 6, 1907, relative to expatriation and the protection of Americans abroad, are applicable to American citizens who reside in China. Therefore, a person of Chinese birth and race who, through former acquisition of Hawaiian citizenship during Hawaiian independence, became a naturalized citizen of the United States on the annexation of Hawaii, and who returns to China and there resides for a period of two years, will be presumed to have ceased to be an American citizen; and any other naturalized citizen not being of Chinese birth and race who resides in China for five years will likewise be presumed to have ceased to be an American citizen. The presumption may be overcome in either case by his presenting to a diplomatic or consular officer of the United States proof establishing the following facts: (a) That his residence in China 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; or (b) That some unforeseen and controlling exigency beyond his power to foresee has prevented his carrying out a bona fide intention. of returning to the United States within the time limited by law and that it is his intention to return to reside permanently in the United States immediately upon the removal of the preventing cause; or (c) That he is regularly employed in an enterprise having for its object the development or advancement of the people and in no wise inconsistent with American interests, and that he intends eventually to return to the United States to reside; or (d) That he resides in China in the employ of the Chinese Government in a capacity not inconsistent with his American citizenship, and calculated to advance legitimate American interests, commercial or otherwise, and that he intends eventually to return to the United States to reside; or 76851°-FR 1908- -1 1 |