711.624/10
The Secretary of State to the Ambassador in Germany (Sackett)
Sir: The Department refers to the Embassy’s despatch No. 567 of October 28, 1930, enclosing a copy of a despatch dated October 21, 1930, to the Embassy, from the American Consul General at Stuttgart, and a copy of the Embassy’s reply of October 28, 1930,36 to the Consul General, regarding the status of the naturalization convention between the United States and the Grand Duchy of Baden, concluded July 19, 1868, (18 Stat — Part 2 — 37 [38]) and the convention as to naturalization and extradition between the United States and Württemberg, concluded July 27, 1868 (18 Stat — Part 2 — 811).
No notice of termination of either of these conventions in accordance with the stipulations in them in regard to termination was ever given or received by the United States. The conventions were, therefore, [Page 321] in force on April 6, 1917, the day of the passage by Congress of the Joint Resolution declaring a state of war to exist with the German Empire. By virtue of the provisions of Article 289 of the Treaty of Versailles,37 the allied and associated powers were accorded the right to revive bilateral treaties and conventions with Germany by giving to Germany, within a period of six months from the coming into force of the Treaty of Versailles, notice of any bilateral treaties which they respectively, desired to revive. That article also contained the stipulation that all bilateral treaties and conventions in regard to which such a notification was not given “are and shall remain abrogated.” The period of notification was subsequently extended for the United States by paragraph 5 of Article II of the treaty between the United States and Germany restoring friendly relations, signed on August 25, 1921,38 so that the period of election for the United States began to run from the date on which the treaty of August 25, 1921, came into force. This treaty came into force on exchange of ratifications on November 11, 1921.
No notice was given by the United States within the period referred to in Article 289 of the Treaty of Versailles as extended by paragraph 5 of Article II of the treaty between the United States and Germany of August 25, 1921, of its intention to revive the naturalization convention with Baden or the convention as to naturalization and extradition with Württemberg. It is clear, therefore, that these conventions were no longer in force after May 11, 1922, the date of the expiration of six months from the coming into force of the Treaty restoring friendly relations.
No matter has ever come before the Department requiring official action which involved the question whether bilateral treaties or conventions between the United States and Germany not revived by such notice were terminated as of April 6, 1917, as a result of the declaration of the existence of the state of war or whether such treaties were merely in suspension during the war and until May 11, 1922, the date of the expiration of the period within which notice of revival might be given. The Department has hitherto refrained, as a matter of policy, from expressing an opinion on this question where it was not necessarily involved, and desires to continue that policy.
It may also be stated that the Department holds that the aforementioned treaties with Baden and Württemberg were applicable to American women who were naturalized in those countries through marriage to nationals thereof, as well as to those who were naturalized upon their own petitions.
[Page 322]The Department is transmitting a copy of this instruction to the American Consul General at Stuttgart.
Very truly yours,
- Embassy’s reply not printed.↩
- Treaties, Conventions, etc., 1910–1923, vol. iii, pp. 3329, 3453.↩
- Foreign Relations, 1921, vol. ii, p. 29.↩