File No. 811.5241/80
The Secretary of State to
the President
Department of State,
Washington,
April 10, 1916.
The President:
It is stated in clause 3 of Article IV of the Convention relating to
tenure and disposition of real and personal property, concluded March 2,
1899, between the United States and Great Britain, that:
The provisions of this Convention shall extend and apply to any
territory or territories pertaining to or occupied and governed
by the United States beyond the seas, only upon notice to that
effect being given by the representative of the United States at
London by direction of the treaty making power of the United
States.
In a note dated February 5, 1914, the British Ambassador at this Capital
requested to be informed whether the convention mentioned “is deemed by
the United States Government to apply to the island of Porto Rico.”
The Ambassador was informed in reply on March 6, 1914, that it was the
opinion of the Department that within the meaning and intent of Article
IV of the Convention—
the island of Porto Rico is to be regarded as
territory “pertaining to or occupied and governed by the United
States beyond the seas,” as stated in the third clause of said
article, and that consequently the Convention referred to may
not be considered as applying to that island until the notice
contemplated by said clause has been given “by the
representative of the United States at London by direction of
the treaty making power of the United States.”
In a memorandum dated March 19, 1914, the British Ambassador called
attention to the fact that most, if not all, of the British colonies and
possessions had acceded to the Convention in the question, and on April
13, 1914, the Department of State communicated copies of the
correspondence with the British Ambassador to the Secretary of War, and
requested an expression of his and the Governor of Porto Rico’s views
with respect to the advisability of extending the application of the
convention to Porto Rico.
[Page 287]
On May 18, 1914, the Secretary of War enclosed to the Secretary of State
a copy of a communication bearing on the subject from the Governor of
Porto Rico, in which the Governor stated that he was of the opinion that
“there is no objection to having extended and applied to Porto Rico the
provisions of the convention.” In this opinion the War Department
concurred.
The undersigned, the Secretary of State, has the honor to lay before the
President a copy of the convention in question, together with copies of
the papers above mentioned, and to recommend that these papers be
transmitted to the Senate, with a view to obtaining the advice and
consent of that body to the extension and application to the island of
Porto Rico of the terms of the Convention regarding the tenure and
disposition of real and personal property, concluded between the United
States and Great Britain on March 2, 1899.
Respectfully submitted.
[Inclosure 1]
convention between the united states and great
britain—tenure and disposition of real and personal
property
Signed at Washington March 2, 1899;
ratification (with amendments) advised by the Senate, March 22, 1900; ratified by
the President, July 16, 1900; ratified by Great Britain, June
18, 1900; ratifications exchanged at Washington, July 28, 1900;
proclaimed, August 6, 1900.
Treaty Series No. 146
William McKinley,
president of the united states of america
To all to whom these Presents shall come,
Greeting:
Know Ye, that whereas a Convention between the United States of
America and Great Britain, relating to the tenure and disposition of
real and personal property, was concluded at Washington on the 2d of
March, one thousand eight hundred and ninety-nine, the original of
which Convention, being in the English language, is, as amended by
the Senate of the United States, word for word as follows:
The United States of America and Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, desiring to improve the
condition of the citizens and subjects of each of the respective
countries in relation to the tenure and disposition of real and
personal property situated or being within the territories of the
other, as well as to authorize the representation of deceased
persons by the Consuls of their respective nations in the settlement
of estates, have resolved to conclude a convention for those
purposes and have named as their Plenipotentiaries:
The President of the United States of America, the Honorable John
Hay, Secretary of State of the United States of America; and Her
Majesty the Queen of the United Kingdom of Great Britain and
Ireland, the Right Honorable Sir Julian Pauncefote, Knight Grand
Cross of the Orders of the Bath and of St. Michael and St. George,
Ambassador Extraordinary and Plenipotentiary of Great Britain:
Who, having exchanged their said full powers, found in due and proper
form, have agreed to and signed the following articles:
Article I
Where, on the death of any person holding real property (or property
not personal), within the territories of one of the Contracting
Parties, such real property
[Page 288]
would, by the laws of the land, pass to a citizen or subject of
the other, were he not disqualified by the laws of the country where
such real property is situated, such citizen or subject shall be
allowed a term of three years in which to sell the same, this term
to be reasonably prolonged if circumstances render it necessary, and
to withdraw the proceeds thereof, without restraint or interference,
and exempt from any succession, probate or administrative duties or
charges other than those which may be imposed in like cases upon the
citizens or subjects of the country from which such proceeds may be
drawn.
Article II
The citizens or subjects of each of the Contracting Parties shall
have full power to dispose of their personal property within the
territories of the other, by testament, donation, or otherwise; and
their heirs, legatees, and donees, being citizens or subjects of the
other Contracting Party, whether resident or non-resident, shall
succeed to their said personal property, and may take possession
thereof either by themselves or by others acting for them, and
dispose of the same at their pleasure, paying such duties only as
the citizens or subjects of the country where the property lies
shall be liable to pay in like cases.
Article III
In case of the death of any citizen of the United States of America
in the United Kingdom of Great Britain and Ireland, or of any
subject of Her Britannic Majesty in the United States, without
having in the country of his decease any known heirs or testamentary
executors by him appointed, the competent local authorities shall at
once inform the nearest consular officer of the Nation to which the
deceased person belonged of the circumstance, in order that the
necessary information may be immediately forwarded to persons
interested.
The said consular officer shall have the right to appear personally
or by delegate in all proceedings on behalf of the absent heirs or
creditors, until they are otherwise represented.
Article IV
The stipulations of the present Convention shall not be applicable to
any of the Colonies or foreign possessions of Her Britannic Majesty
unless notice to that effect shall have been given, on behalf of any
such Colony or foreign possession of Her Britannic Majesty’s
Representative at Washington to the United States Secretary of
State, within one year from the date of the exchange of the
ratifications of the present Convention.
It is understood that under the provisions of this Article, Her
Majesty can in the same manner give notice of adhesion on behalf of
any British Protectorate or sphere of influence, or on behalf of the
Island of Cyprus, in virtue of the Convention of the 4th of June,
1878, between Great Britain and Turkey.
The provisions of this Convention shall extend and apply to any
territory or territories pertaining to or occupied and governed by
the United States beyond the seas, only upon notice to that effect
being given by the Representative of the United States at London, by
direction of the treaty making power of the United States.
Article V
In all that concerns the right of disposing of every kind of
property, real or personal, citizens or subjects of each of the High
Contracting Parties shall in the Dominions of the other enjoy the
rights which are or may be accorded to the citizens or subjects of
the most favored nation.
Article VI
The present Convention shall come into effect ten days after the day
upon which the ratifications are exchanged, and shall remain in
force for ten years after such exchange. In case neither of the High
Contracting Parties shall have given notice to the other, twelve
months before the expiration of the said
[Page 289]
period of ten years, of the intention to
terminate the present Convention, it shall remain in force until the
expiration of one year from the day on which either of the High
Contracting Parties shall have given such notice.
The United States or Her Britannic Majesty shall also have the right
separately to terminate the present Convention at any time on giving
twelve months’ notice to that effect in regard to any British
Colony, foreign possession, or dependency, as specified in Article
IV, which may have acceded thereto.
Article VII
The present Convention shall be duly ratified by the President of the
United States, by and with the approval of the Senate thereof, and
by Her Britannic Majesty, and the ratifications shall be exchanged
in London or in Washington.
In faith whereof we, the respective Plenipotentiaries, have signed
this Treaty and have hereunto affixed our seals.
Done in duplicate at Washington, the second day of March, one
thousand eight hundred and ninety-nine.
John Hay [seal]
Julian Pauncefote [seal]
And whereas the Convention has been duly ratified, as amended, on
both parts, and the ratifications of the two Governments were
exchanged in the City of Washington on the 28th day of July one
thousand nine hundred.
Now, therefore, be it known that I, William McKinley, President of
the United States of America, have caused the said Convention, as
amended, to be made public, to the end that the same and every
article and clause thereof may be observed and fulfilled with good
faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the City of
Washington, this
sixth day of August in the year of Our Lord one thousand
nine hundred and of the Independence of the United States,
the one hundred and twenty-fifth.
[
seal]
William McKinley
By the President:
Alvey A. Adee,
Acting Secretary of State
[Inclosure 2]
supplementary convention between the united
states and great britain relating to the tenure and disposition
of real and personal property
Signed at Washington, January 13, 1902;
ratification advised by the Senate, February 17, 1902; ratified
by the President, March 7, 1902; ratified by Great Britain,
March 11, 1902; ratifications exchanged at Washington, April 2,
1902; proclaimed, April 2, 1902.
Treaty Series No. 402
By the President of the United States of
America
A PROCLAMATION
Whereas a Supplementary Convention between the United States of
America and Great Britain extending for a period of twelve months
from July 28, 1901, the time within which British Colonies or
Foreign Possessions may give their adhesion to the Convention
relative to the disposal of real and personal property, signed at
Washington on the 2nd day of March, 1899, was concluded and signed
by their respective Plenipotentiaries at Washington on the 13th day
of January,
[Page 290]
one thousand
nine hundred and two, the original of which Supplementary
Convention, is word for word as follows:
The United States of America and His Majesty the King of the United
Kingdom of Great Britain and Ireland and of the British Dominions
beyond the Seas, Emperor of India, finding it expedient to prolong
for a period of twelve months the time fixed by Article IV of the
Convention relative to the disposal of real and personal property,
signed at Washington on the 2nd day of March, 1899, for the
notification of their accession to that Convention by His Britannic
Majesty’s Colonies or Foreign Possessions, have agreed to conclude
an additional Convent on for that purpose, and have named as their
plenipotentiaries:
The President of the United States of America, the Honorable John
Hay, Secretary of State of the United States of America; and His
Majesty the King of Great Britain and Ireland, and of the British
Dominions beyond the Seas, Emperor of India, The Right Honorable
Lord Pauncefote, of Preston, G. C. B., G. C. M. G., His Majesty’s
Ambassador Extraordinary and Plenipotentiary to the United States;
who, having communicated to each other their Full Powers, which were
found to be in due and proper form, have agreed upon the following
sole Article:
sole article
It is agreed that the time fixed in Article IV of the said
Convention, within which the accessions thereto of His Britanic
Majesty’s Colonies or Foreign Possessions shall be notified, shall
be prolonged for a period of twelve months from July 28th 1901.
In faith whereof the respective Plenipotentiaries have signed this
Convention and hereunto affixed their seals.
Done at the City of Washington, this second day of April in the year
of Our Lord one thousand nine hundred and two.
John Hay [seal]
Pauncefote [seal]
And whereas the said Supplementary Convention has been duly ratified
on both parts, and the ratifications of the two Governments were
exchanged in the City of Washington, on the second day of April, one
thousand nine hundred and two;
Now therefore, be it known that I, Theodore Roosevelt, President of
the United States of America, have caused the said Supplementary
Convention to be made public, to the end that the same and every
article and clause thereof may be observed and fulfilled with good
faith by the United States and the citizens thereof.
In testimony whereof I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
Done at the City of
Washington, this
second day of April in the year of Our Lord one thousand
nine hundred and two, and of the Independence of the United
States the one hundred and twenty-sixth.
[
seal]
Theodore Roosevelt
By the President:
John Hay,
Secretary of State
[Note.—The Department was advised by the British Embassy that the
following British colonies, possessions and protectorates had
acceded to the Convention between the United States and Great
Britain of March 2, 1899, relating to the tenure and disposition
of real and personal property.]
[Page 291]
| Name of possession |
Date of advice |
| Australia |
April 3, 1902. |
| Bahamas |
February 9, 1901. |
| Barbados |
Do. |
| Basutoland Protectorate |
July 24, 1902. |
| Bechuanaland Protectorate |
Do. |
| Bermuda |
July 19, 1901. |
| British Guiana |
June 17, 1901. |
| British Honduras |
February 9, 1901. |
| British New Guinea |
April 3, 1902. |
| Cape |
February 9, 1901. |
| Ceylon |
Do. |
| Cyprus |
Do. |
| Falkland Islands |
Do. |
| Fiji |
Do. |
| Gambia |
Do. |
| Gold Coast Colony |
July 6, 1901. |
| Grenada |
February 9, 1901. |
| Hongkong |
Do. |
| India, including the Native States |
June 30, 1902. |
| Jamaica |
February 9, 1901. |
| Labuan |
April 30, 1901. |
| Lagos |
July 27, 1901. |
| Leeward Islands |
June 17, 1901. |
| Mauritius |
June 10, 1901. |
| Newfoundland |
March 5, 1901. |
| New Zealand |
June 10, 1901. |
| North Borneo |
April 30, 1901, |
| Northern Nigeria |
July 22, 1901. |
| Orange River Colony |
July 24, 1902. |
| St. Helena |
February 9, 1901. |
| St. Lucia |
Do. |
| St. Vincent |
Do. |
| Sierra Leona |
Do. |
| South Nigeria |
July 27, 1901. |
| South Rhodesia |
Do. |
| Straits Settlements |
February 9, 1901 |
| Transvaal |
July 24, 1902. |
| Trinidad |
February 9, 1901. |
In Executive Session, Senate of the United
States
Resolved (Two-thirds of the Senators present
concurring therein), That the Senate advise and consent
that notice be given by the President of the United States through
the American Ambassador at London, in conformity with Clause 3 of
Article 4 of the Convention relating to the tenure and disposition
of real and personal property, concluded March 2, 1899, between the
United States and Great Britain, and proclaimed by the President on
August 6, 1900, that the provisions of said Convention are, by
direction of the Treaty-making power of the United States, extended
and applied to the Island of Porto Rico; the foregoing being in
accordance with a report made by the Secretary of State and
transmitted to the Senate under date of April 12, 1916, and
published by the Senate as Executive Document C, First Session
Sixty-fourth Congress.
Attest:
James M. Baker
,
Secretary
By
Peter M. Wilson
,
Chief Clerk
