File No. 763.72113/670
The Secretary of State to the Alien Property Custodian ( Palmer)
Sir: The Department acknowledges the receipt of your letter of August 30, 1918,1 in which you state that the question has arisen as to the present effectiveness of the treaties with Austria-Hungary and the various states composing the German Empire, “which permit subjects of those states to take or hold real property in the United States,” and request that the Department indicate the attitude it is disposed to adopt in regard to these treaties.
The Department assumes that you refer to the provisions in article 2 of the convention of 1848 with Austria-Hungary:
Where, on the death of any person holding real property, or property not personal, within the territories of one party, such real property would, by the laws of the land, descend on 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 two years to sell the same; which term may be reasonably prolonged according to circumstances; and to withdraw the proceeds thereof, without molestation, and exempt from any other charges than those which may be imposed in like cases upon the inhabitants of the country from which such proceeds may be withdrawn.
and to the somewhat similar provisions in article 14 of the convention of 1828 with Prussia, to article 2 of the convention of 1845 with Bavaria, and to similar articles in conventions with other states of the German Empire which were regarded as in force on the dates of our entrance into a state of war with Austria-Hungary and Germany, respectively.
In reply to your inquiry as to the present effectiveness of these provisions of the treaties with Austria-Hungary and the various states composing the German Empire, you are informed that in view of the present state of war between the United States and Austria-Hungary and Germany, the Department does not regard these provisions as now in operation.
In this relation it may be pointed out that in the absence of applicable treaty provisions the right of an alien to take or hold real property by descent or purchase, or otherwise, in the United States, would, it appears, depend upon the law of the state or territory in which the property may be situated.
I am [etc.]
- Not printed.↩