File No. 811.5241/78

The British Embassy to the Department of State

The British Embassy had the honor to address a note to the Secretary of State on February 5 relative to the disposal of the property of British subjects dying in the Island of Porto Rico. The United States Government was asked to be good enough to state whether they deemed the convention of March 2, 1899, to apply to that island. The inquiry was based on representations made by the British consul at San Juan that there had been several instances of British subjects dying on the island and leaving property and that in no case had he been notified by the local authorities.

In his reply of March 6 the Secretary of State said that in the opinion of the Department the convention might not be considered as applying to the island until the notice contemplated by clause 3 had been given by the representative of the United States at London, by direction of the treaty-making power of the United States.

From this reply it is inferred that no such notice has in fact been given and the British consul would appear to be precluded from exercising the duties which, as is evident from the terms of the convention between the United States and Great Britain, properly belong to the office of a consular representative of one country accredited to the other.

It may be observed that the list published in the volume of United States treaties with foreign powers shows that most, if not all, of the British colonies and possessions have acceded to the convention in the question and the British Embassy would welcome any suggestion which the Department of State might feel able to make with a view to meeting the difficulties complained of and putting the matter on a satisfactory footing.