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the presumption of loss of American citizenship arises against a naturalized citizen who has resided for two years in his native land. Under the provisions of the statute first mentioned, this Department has forwarded to the Attorney General in recent years hundreds of reports received from consular officers concerning naturalized American citizens of foreign origin who established residences of permanent nature in a foreign country within five years after naturalization; and also the Department has refused to grant American passports or consular registration certificates to large numbers of naturalized citizens who have brought upon themselves the presumption of expatriation under the provisions of the Act of March 2, 1907, because of their protracted residence in their native land. These statutory provisions and the action taken under them show clearly that this Government, while it desires to extend full protection to naturalized citizens who appear to have obtained their naturalization in good faith and to have maintained their ties with the United States, has no desire to extend its protection to those who fail to meet these conditions. It is believed that the proposed naturalization treaty, while it is, of course, intended to guarantee due protection to naturalized American citizens of Estonian origin who wish to visit their native land for legitimate objects, makes due allowances for the just demands of Estonia, and thus tends to foster friendly and mutually beneficial intercourse between the two countries.

Especial attention is called to the provision of Article 2 of the proposed treaty to the effect that nationals of either country naturalized in the territory of the other shall not, upon returning to the country of origin, be punished “for failure to respond to calls for military service accruing after bona fide residence was acquired in the territory of the country whose nationality was obtained by naturalization”. It seems obvious that unless a provision to this effect is included in the treaty it will be of little or no value.

With reference to article four of the draft it will be observed that it does not seem reasonable to ask the Estonian Government to enter into an engagement concerning persons born in the United States of foreign parents and desiring to visit the countries of their parents' nationality, unless it is coupled with a reciprocal engagement by this Government. You are therefore instructed to propose to the Estonian Government agreement upon an article reading as follows:

“A person born in the territory of one party of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party."

If the Estonian Government should consider that the term "temporary stay” is too vague and requires definition, you are authorized to add the following proviso to the proposed article:

“Provided, That, if such stay is protracted beyond the period of one year, it may be presumed to be permanent, in the absence of sufficient evidence to the contrary."

[Here follow two paragraphs, the same, mutatis mutandis, as the last two paragraphs of instruction No. 167 to the Ambassador in Belgium, printed on page 497.]

For the Secretary of State:

NELSON TRUSLER JOHNSON

[Enclosure)

Draft Treaty of Naturalization Between the United States and

Estonia 60

The Government of the United States of America and the Government of Estonia, being desirous of regulating the nationality of those persons who have emigrated or who may emigrate from the United States of America to Estonia, and from Estonia to the United States of America, and the liability for military service and other acts of allegiance of such persons and all persons born in the territory of either state of persons having the nationality of the other, have resolved to conclude a treaty on this subject and for that purpose have appointed their plenipotentiaries, that is to say: The President of the United States of America: and the Government of the Republic of Estonia : Who, having communicated to each other their full powers, found to be in good and due form, have agreed upon the following Articles:

ARTICLE I

Nationals of the United States who have been or shall be naturalized in Estonian territory, shall be held by the United States to have lost their former nationality and to be nationals of Estonia.

Reciprocally, nationals of Estonia who have been or shall be naturalized in territory of the United States shall be held by Estonia to have lost their original nationality and to be nationals of the United States.

The foregoing provisions of this Article are subject to any law of either country providing that its nationals do not lose their nationality by becoming naturalized in another country in time of war.

The same draft, mutatis mutandis, for treaties with Finland, Latvia, Lithuania, the Netherlands, and Rumania.

The word "national", as used in this convention, means a person owing permanent allegiance to, or having the nationality of, the United States or Estonia, respectively, under the laws thereof.

The word "naturalized” refers only to the naturalization of persons of full age, upon their own applications, and to the naturalization of minors through the naturalization of their parents. It does not apply to the acquisition of nationality by a woman through marriage.

ARTICLE II

Nationals of either country, who have or shall become naturalized in the territory of the other, as contemplated in Article I, shall not, upon returning to the country of former nationality, be punished for the original act of emigration, or for failure to respond to calls for military service accruing after bona fide residence was acquired in the territory of the country whose nationality was obtained by naturalization.

ARTICLE III

If a national of either country, who comes within the purview of Article I, shall renew his residence in his country of origin without the intent to return to that in which he was naturalized, he shall be held to have renounced his naturalization.

The intent not to return may be held to exist when a person naturalized in one country shall have resided more than two years in the other; but this presumption may be overcome by evidence to the contrary.

ARTICLE IV

A person born in the territory of one party of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party.

ARTICLE V

The present Treaty shall go into effect immediately upon the exchange of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six months previous notice of its intention then to terminate the Treaty, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.

IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Treaty and have hereunto affixed their seals. Done in duplicate at Tallinn, this .

day of

.

SECOND INTERNATIONAL CONFERENCE ON EMIGRATION AND IMMI.

GRATION, HELD AT HABANA, MARCH 31 TO APRIL 17, 1928

555.H2/126

The Secretary of State to the American Delegation

WASHINGTON, March 23, 1928. SIRS: The International Conference on Emigration and Immigration to which you have been designated as representatives of this Government is the second Conference of this type to which the United States has sent delegates, the first having been held in Rome in 1924 upon the invitation of the Italian Government. The present Conference has been called by the Cuban Government in pursuance of a resolution adopted at the Rome Conference for the convening of the second International Conference on Emigration and Immigration to be held in an immigration country.

The purpose of the Rome Conference as explained by the Italian Government in issuing its invitation was to examine emigration and immigration problems of a technical nature with a view to facilitating a coordination of action between nations in dealing with them. The Cuban Government in asking that this Government send delegates to the forthcoming Conference at Habana stated that it was hoped to reach final conclusions on certain of the questions considered at the Rome Conference. The nature of the questions to be discussed at Habana is indicated in some detail in the agenda of the Conference, copies of which have been made available to you.63

The attitude of this Government regarding immigration is a matter of historical record and was accurately and forcefully expressed by the Honorable Henry P. Fletcher at the Pan American Conference of 1928 64 in the following terms:

“The delegation of the United States desires in connection with this resolution (i. e. regarding international aspects of emigration and immigration) to state that

the Government of the United States considers that control of immigration is a matter of purely domestic

* For proceedings of the Conference, see Segunda Conferencia Internacional de Emigracion e Inmigracion, Diario Oficial, 2 vols. (Habana, 1928).

69 See Foreign Relations, 1923, vol. 1, pp. 115 ff.
* For English text, see Diario Oficial, first vol., p. 43.

See pp. 527 ff.

64

concern, representing the exercise of a sovereign right, and that, as far as the United States of America is concerned, the authority of its Congress in immigration matters is exclusive.”

You will make clear at the Conference this Government's position with respect to immigration as above indicated, and you will take no action inconsistent with the attitude and prerogatives of the Congress of the United States in this connection or in any way committing the Government of the United States. The performance of this duty will be the paramount consideration of the delegation and will at all times determine the attitude to be taken by the delegation in the proceedings of the Conference.

The position of the United States on questions of immigration is well known to the nations participating in the Conference, and it is believed that a similar attitude will be adopted by many of them, notably by the Latin-American countries whose immigration problems are similar to our own. The reaffirmation of this principle that immigration is a matter of purely domestic concern, not only by the United States but by other countries, will obviously operate to the advantage of this Government, and will also afford the United States the opportunity to cooperate with Latin-American countries in a helpful manner and thus to continue the work of the Pan American Conference.

While your attitude will be governed by the above consideration, it is, however, desired that you take a helpful and appropriate part in the discussions of the Conference and of its Committees on the various technical questions before the Conference which are or have been of particular interest to the United States. You may inform your colleagues in the Conference of the forms in which these questions have presented themselves to the United States, and the methods of this Government in dealing with them; and you may describe the aims and policies of this Government regarding them, and the legislative and administrative machinery which it has established to carry out those aims and policies. Likewise you should be careful to note any information furnished by your colleagues in the Conference which may be of value to this Government, and any suggestions which may appear to merit its consideration, for incorporation in your report.

It is believed that participation on this basis will enable the United States to contribute to the work of the Conference within the limitations imposed by its standing policy on immigration, especially as evidenced by the Immigration Act of 1924 65 and other legislation. You should, however, make clear to the Conference from the beginning that this represents the full extent to which the United States

85 43 Stat. 153.

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