Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1903
Mr. Squiers to Mr. Hay.
Habana, April 24, 1903.
Sir: I have the nonor to inclose herewith copy of correspondence had with the secretary for foreign affairs regarding refusal of the director of the department of state to certify to the genuineness of the signature of the second secretary of this legation who had, in the exercise of his office, authenticated the signature and seal of the Secretary of State of the United States, and to request instructions if further action is desired.
* * * * * * *
I am, etc.,
Messrs. Runcie, Portuondo, and Lamar to Mr. Squiers.
Sir: We have the honor to inclose herewith a power of attorney given by the Fidelity and Deposit Company, of Maryland, to Antonio A. Martinez, and another, of Habana.
The said power has been duly executed and acknowledged, and is signed by the Secretary of State of the United States, and bears the seal of the Department of State; and is also signed by the United States second secretary of legation, and bears the seal of the American legation at Habana.
We to-day caused the said power to be presented to the director of the department of state of Cuba, with the request that he certify that the said signature of the second secretary of the United States legation at Habana is genuine, and that the said secretary was in the exercise of his office on the date of his so signing.
We are informed that the director of state refused to certify to the genuineness of the signature of the second secretary of the United States legation as requested, on the ground that the law organizing the diplomatic and consular service of the Republic of Cuba, promulgated February 17, 1903, prohibited the same.
We beg to be officially advised whether such is the decision of the department of state and justice, and whether the said department refuses to recognize the seal of the Department of State of the United States and the seal of the American legation at Habana.
We have, etc.,
Mr. Squiers to Señor de Zaldo.
Habana, April 2, 1903.
Your Excellency: I have the honor to bring to your excellency’s notice a complaint made by Messrs. Runcie, Portuondo, and Lamar, a firm engaged in the practice of law in this city, to the effect that the director of the department of state and justice had refused to certify the genuineness of the signature of the second secretary [Page 370] of this legation, who had, in the exercise of his office, authenticated the signature and seal of the Secretary of State of the United States, before whom a power of attorney given by the Fidelity and Deposit Company, of Maryland, to Antonio A. Martinez, and another, of Habana, had been executed and acknowledged; and that this action is based on the ground that the law organizing the diplomatic and consular service of the Republic of Cuba, promulgated February 17, 1903, prohibits such certification.
I beg to submit that after a careful examination of the law mentioned I fail to find therein any justification or ground on which to base such refusal, and beg to submit to your excellency that, as the second secretary of this legation acted within the power conferred on him by Congress, see Revised Statutes, section 1750, as well as the regulations of the State Department, such instruction be given as will prevent a recurrence of the action complained of, and that the seal of this legation and signature of the second secretary thereof attached to the paper herewith inclosed be duly authenticated and returned.
I take, etc.,
Señor de Zaldo to Mr. Squiers.
Habana, April 13, 1903.
Mr. Minister: Acceding to the request contained in your excellency’s note of the 2d of the present month, and as an act of courtesy to the legation, I have the honor to return, duly certified, the document of Messrs. Runcie, Portuondo, and Lamar, which your excellency inclosed in said note for that purpose.
At the same time I take this occasion to inform your excellency that the director of the state deparment has good reasons for not legalizing the said document, not only because a document issued abroad, to be given due credence in Cuba, must be legalized by a diplomatic or consular agent of the Republic, but also, because the fees for legalization, duly authorized by law of February 14, 1903, could not be taken advantage of by those agents, if the representatives of foreign nations accredited near the Government of Cuba legalize the documents to which I refer.
I take the occasion, etc.,
Mr. Squiers to Señor de Zaldo.
Habana, April 17, 1903.
Your Excellency: I have the honor to acknowledge the receipt of your excellency’s note of the 13th instant, touching on the certification, by this legation, of the signature of the honorable the Secretary of State of the United States, and beg to inform your excellency that I have referred the matter to the Department of State at Washington for its consideration, and that until instructions to the contrary are received from my Government, I beg to request that the seal of this legation be certified to as heretofore.
I take the occasion, etc.,
Decree No. 48.
Division of State.
[Extract from Official Gazette of Monday, April 20, 1903.]
I hereby decree the following by virtue of the authority given me by the constitution:
- Article 1. The legalization required by law for public or official documents of all kinds issued in foreign countries by foreign functionaries to become effective in Cuba must be made by a diplomatic or consular agent of the Republic, or such persons as act in their places. When a document has been issued in a country where there [Page 371] is no accredited diplomatic or consular agent of Cuba, it may be legalized by the diplomatic agent or any of the consular agents of the same country accredited in the Republic.
- Art. 2. For legalizations made in accord with the provisions of the foregoing article to be held as good in Cuba it shall also be an indispensable requisite that the signature of the functionary who appears as authorizing them to be legalized by the department of state or the director of the department. Notarial documents issued by diplomatic or consular agents of the Republic, and those they may issue referring to the civil registry, must contain the same requisite to be considered in Cuba as authentic.
- Art. 3. The provisions of the two foregoing articles will be applicable to documents presented in courts or offices of the Government from the date the present decree takes effect.
- T. Estrada Palma, President.
- Carlos de Zaldo,
Secretary of State and Justice.