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HAWAIIAN REPUBLIC.1

RECOGNITION HAWAIIAN REPUBLIC.

Mr. Gresham to Mr. Hatch.

DEPARTMENT OF STATE,

Washington, August 7, 1894. SIR: I have the honor to acknowledge the receipt of your note of July 7 last, inclosing original and office copy of a letter addressed by His Excellency Sanford B. Dole, President of the Republic of Hawaii, to the President of the United States of America, announcing the establishment of that Government and his assumption of the office of President thereof.

I have delivered his excellency's letter to the President and his reply will be forwarded through the legation of the United States at Honolulu. Accept, etc.,

W. Q. GRESHAM.

Mr. Gresham to Mr. Willis.

No. 38.]

DEPARTMENT OF STATE,

Washington, August 7, 1894. SIR: I inclose herewith, in sealed original and office copy, a letter from the President to His Excellency Sanford B. Dole, President of Hawaii, in response to his letter announcing the establishment of that Government and his assumption of the office of President thereof.

You will transmit one of the copies to the minister of foreign affairs, and deliver the original in such manner as will most suit the conveni. ence of his excellency. I am, etc.,

W. Q. GRESHAM.

(Inclosure in No. 38.]

Grover Cleveland, President of the United States of America, to His

Excellency Sanford B. Dole, President of the Republic of Hawaii.

GREAT AND GOOD FRIEND: I have received your letter of the 7th ultimo, by which you announce the establishment and proclamation of the Republic of Hawaii on the 4th day of July, 1894, and your assumption of the office of President with all the formalities prescribed by the constitution thereof.

"The correspondence respecting affairs in Hawaii during 1894 will be found in the appendix to Foreign Relations, 1894.

I cordially reciprocate the sentiments you express for the continuance of the friendly relations which have existed between the United States and the Hawaiian Islands, and assure you of my best wishes for your personal prosperity. Written at Washington, the 7th day of August, 1894, Your good friend,

GROVER CLEVELAND. By the President: W. Q. GRESHAM,

Secretary of State.

Mr. Gresham to Mr. Willis.

No. 39.]

DEPARTMENT OF STATE,

Washington, August 8, 1894. SIR: Your No. 65 of the 9th ultimo reported the proceedings attend. ing the close of the Hawaiian constitutional convention, the adoption and promulgation of a constitution, and the installation of the Government of the Republic of Hawaii on the 4th of July.

I have to commend your reply to Mr. Hatch's announcement of the organization of the new Government. It was clearly proper to extend it, as you did, the recognition accorded to its predecessor, the Provi. sional Government; thus carrying out the long observed rule of the United States of entering into relations with the authorities of an unopposed government.

The additional office copy which accompanied my No. 38 of the 7th instant of the President's reply to the announcement by President Dole of his entrance upon the duties of his office will be preserved in the archives of your legation. Tam, etc.,

W.Q. GRESHAM.

Mr. Willis to Mr. Gresham.

No. 67.]

LEGATION OF THE UNITED STATES,

Honolulu, Hawaiian Islands, August 27, 1891. . SIR: I have the honor to inform you that the autograph letter of President Cleveland, recognizing the Republic of Hawaii, was delivered to President Dole at 11 o'clock this morning at the executive building in the presence of the members of his cabinet and Minister Thurston. I inclose copies of the remarks submitted upon the occasion. I am, etc.,

ALBERT S. WILLIS.

(Inclosnre No. 1 in No. 67.]

Remarks of Mr. Willis to President Dole. MR. PRESIDENT: The right of the people of the Hawaiian Islands to establish their own form of government has been formally acknowledged both by the executive and legislative departments of the United States.

It seemed proper, therefore, so far as I, the diplomatic agent, had the right to extend recognition to the Republic of Hawaii," it having been created under the forms of law and existing without effective opposition.

The action thus taken has, I am glad to state, been fully approved by the proper authorities at Washington. As the highest evidence of that fact I have received an autograph letter from the President of the United States addressed to you as the President of this Republic.

In delivering this letter as instructed, permit me to join in its friendly sentiments and to express the hope that through the Government now inaugurated, peace, prosperity, and happiness will be secured to all the people of these islands.

(Inclosure No. 2 in No. 67.)

Remarks of President Dole to Mr. Willis.

MR. MINISTER: It is with sincere gratification that I have received the information that the President of the United States has confirmed the recognition so promptly extended by your excellency to the Republic of Hawaii.

Permit me on behalf of the Hawaiian people to reciprocate the friendly sentiments expressed by you toward this Government and to assure you of our desire that relations of comity and of commercial intercourse which shall be mutually advantageous, may ever exist between the two countries.

ITALY

PROPOSED NATURALIZATION AND EXTRADITION CONVENTIONS.

Baron Fava to Mr. Gresham.

(Translation.)

EMBASSY OF His MAJESTY THE KING OF ITALY,

Washington, January 22, 1894. MR. SECRETARY OF STATE: Referring to the note of the honorable Department of State, bearing date of November 18, 1890, I have the honor herewith to transmit to your excellency, together with certain observations, (1) the draft of an agreement supplementary to the convention of extradition which is now in force between Italy and the United States; (2) a draft of a naturalization convention between our two countries, on the model of that between the United States and Belgium, as suggested by the Federal Government.

The propriety and desirability which have already been recognized by our two Governments to conclude these two arrangements with as little delay as possible do not leave any doubt in my mind with regard to their acceptance by the U. S. Government, which acceptance would be very gratifying to the Government of His Majesty. Be pleased to accept, etc.,

FAVA.

(Inclosure No. 1.)

Agreement supplementary to the extradition convention between Italy and the United

States.

ARTICLE I.

Neither of the contracting parties shall be obliged to surrender its own citizens or subjects by the provisions of Article 1.

ARTICLE II.

Citizenship acquired in one of the two contracting states by a person charged with or convicted of crime, who previous to his naturalization has committed a crime which is punishable in the other state, shall not prevent his arrest and surrender. Nevertheless, extradition may be refused if five years have elapsed from the time when naturalization was granted to him, and if the person for whose extradition application is made has, after having become naturalized, retained his domicile in the state to which such application is made.

Draft of a convention of naturalization between Italy and the United States.

ARTICLE I.

Citizens of the United States who have applied for naturalization and become naturalized in Italy shall be considered as Italian citizens by the United States.

Reciprocally, Italians who have applied for naturalization and become naturalized in the United States shall be considered as citizens of the United States by Italy.

ARTICLE II.

Citizens of the United States who have become naturalized in Italy shall be considered by Italy as citizens of the United States when they shall have again become naturalized according to the laws of their native country.

Reciprocally, Italians naturalized in the United States shall be considered as Italians by the United States when they shall again have acquired Italian citizenship according to the laws of the Kingdom.

ARTICLE III.

This convention shall take effect immediately after the exchange of its ratifications, and sball remain in force for ten years.

If, at the expiration of this time, neither of the two parties shall have notified the other six months in advance of its intention to cause its effects to cease, it shall retain its obligatory force until the expiration of twelve months after one of the contracting parties shall have notified the other of such intention.

Observations on an agreement supplementary to the convention of extradition, and on a

convention of naturali on between Italy and the United States.

The matter which forms the subject of the present negotiations should be divided into two agreements essentially different from each other. The one relative to extradition should be considered as an agreement supplementary to the convention of extradition which is now in force between the United States and Italy. The other, relative to naturalization, should form a separate convention, even though both should be signed at the same time. In accordance with this view the drafts of the two agreements are herewith subjoined together with the following observations:

I.-Agreement supplementary to the convention of extradition.

Mr. Stallo, minister of the United States at Rome, proposed the following wording: “Neither of the contracting parties shall be obliged to surrender its own citizens or subjects on the ground of the stipulations of this convention."

The Italian ministry proposed that instead of “on the ground of the stipulations”
the words “on the ground of Article 1" should be inserted.
The United States Government made no observation in reply.
The Italian Government proposed the following wording:

“Naturalization acquired in one of the two contracting states by a person charged with or convicted of crime after the commission of such crime shall not prevent his arrest and surrender. Nevertheless his extradition may be refused if five years have elapsed from the time when naturalization was granted to him and if the presumptive criminal has, after becoming naturalized, retained his domicile in the state to which application is made for his extradition."

The object of this article is exclusively to prevent anyone after committing a crime in the territory of one state from applying for and acquiring naturalization in the other state for the sole purpose of escaping from the action of justice. It is true that if the Italian Government should have any suspicion that an American applying for naturalization in Italy had committed a crime in his own country, it would refuse his application until he should be fully exonerated from the charge against him by a competent American courts and the United States Government would do the same in the case of an Italian charged with crime in the Kingdom if such a person should seek to become naturalized in America.

It would be well, however, to prevent a specially astute and consequently specially dangerous criminal who had succeeded in concealing his guilt for some time and who should seek to become naturalized in the state in which be had sought refuge before he was detected, from accomplishing his design. In such a case it is not only to the interest of his native country to endeavor to secure his punishment, but it is likewise to the interest of the other state to cause its own citizenship to be respected by compelling a person becoming naturalized to meet the obligations contracted by him toward the justice of his native country previous to his naturalization, which he has fraudulently obtained by concealing his guilt. Mr. Blaine, in his note of November 18, 1890, argue l against the article now under consideration as follows:

“The purport of this proposed article appears to be that while citizenship is recognized as a ground for refusing extradition, citizenship by naturalization can not confer the right to demand it. Hence if a native Italian who has been naturalized in the United States should commit a crime and seek asylum in Italy, it does not appear that the Government of Italy would recognize our right to demand his surrender."

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