The Acting Secretary of State to Minister Beaupré.

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.,

Robert Bacon.
[Page 17]

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.

[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.,