The Acting Secretary of
State to Minister Beaupré.
Department of State,
Washington, November 14,
1906.
No. 96.]
Sir: I have to acknowledge the receipt of your
dispatch, No. 428, of the 8th ultimo, transmitting a copy of a
convention between the Argentine Republic and Spain dispensing with the
legalization of signatures to certain legal instruments.
The convention, which merely provides for the discontinuance of
authentication of signatures to letters rogatory, was probably required
by the Argentine law.
On April 18, 1901, the Spanish legation proposed to this department the
reciprocal acceptance of such letters, through the diplomatic channel,
without authentication of signatures, a formality that the Spanish law
did not require.
The department’s reply (memorandum of June 5, 1901) was to the effect
that, while the proposition would be accepted so far as the insular
possessions were concerned, no such engagement could be entered into
concerning letters to be executed in the United States. This was
accepted by the Spanish legation, which at first considered a mere
exchange of notes sufficient, but later (October 13 and October 30)
submitted a declaration that was signed on November 7, 1901.
I inclose herewith, for your information, a copy of the said
agreement.
I am, etc.,
[Page 17]
[Inclosure.]
Agreement between the United States of America
and the Kingdom of Spain exempting from authentication
signatures attached to letters rogatory exchanged between Porto
Rico, the Philippine Islands, and Spain.
Legacion de España,
Manchester, Mass., July 30, 1901.
[Concluded by exchange of notes August 7, 1901, and
by a declaration by the Secretary of State of the United States and
the envoy extraordinary and minister plenipotentiary of Spain at
Washington, November 7, 1901. Became effective November 28, 1901,
the date of its publication in the Gazeta de Madrid.]
Duke de Arcos to Mr. Hill.
Dear Mr. Secretary: With reference to my
memorandum of April 18 last, in which I suggested that the
authentication of signatures affixed to letters rogatory which are
transmitted through the diplomatic channel might be dispensed with,
and to the answer from the Department of State of June 5th last,
which I duly referred to my Government; I have received instructions
to accept the proposition of the Government of the United States as
regards Porto Rico and the Philippine Islands, since the same
arrangement is not possible as regards letters exchanged between the
courts of the United States, of the States of the Union and of the
organized Territories.
The Spanish Government proposes that this agreement should be made by
an exchange of notes between the two Governments, if satisfactory to
the United States, and if so I should be very much obliged to you if
you would communicate with me regarding the date upon which this
arrangement can be put in force, as well as any other details which
the Department of State may wish to be considered.
I remain, etc.,
