thing, of course, and our company will gladly agree to make your nearest consular agent (Mollendo) or yourself a participant in anything that is connected with the deaths of American citizens in our employ." Before taking any further steps in regard to this important part of our consular work here, I have the honor to ask for your instructions, as follows: Paragraph No. 1. I understand that the treaty between the United States and Peru, referred to in paragraph No. 414, Consular Regulations of 1896, has been abrogated, but am informed that our consular representatives will gladly be given by the Government the "most favored nation" privilege in regard to the estates of deceased American citizens. Am I correct in availing myself of this? Paragraph No. 2. The United States statutes provide that consuls shall take possession of the personal estate of Americans not seamen dying within their jurisdiction, leaving there no legal representative, partner in trade, or trustee appointed before decease. I have the honor to inquire whether, in the proper interpretation of the statute, the employer or employers of the decedent are regarded ipso facto as legal representatives, partners in trade, or trustees-in other words, whether they may or may not rightfully settle the estate without the participation of this office. It has been my intention to address a circular letter to the authorities in each department in Peru, asking them to notify this office in the case of Americans dying within their jurisdiction. (This, I am told, is done by some of my colleagues of other nations, but I have refrained from so, doing until I heard from you on the two points above mentioned.) I should also be grateful if you would sanction the sending of a circular, as above indicated, if the plan meet with your approval. A. L. M. GOTTSCHALK. I have, etc., [Inclosure 2.1 The Third Assistant Secretary of State to Consul-General Gottschalk. No. 89.] DEPARTMENT OF STATE, Washington, December 22, 1905. SIR: I have to acknowledge the receipt of your No. 61-bis, of November 13, relative to the settlement of the estates of American citizens dying in Peru. In reply, I have to say that it is entirely proper for you to avail yourself of the most favored nation privilege with respect to the disposition of estates of American citizens which, it is understood, will be extended to you by the Government of Peru. The department is fully in accord with your views as to the advisability of requesting the local Peruvian authorities to notify you in cases of Americans dying within their jurisdictions, but it is thought that perhaps a more effective way of making the request would be through our minister at Lima, who will be suitably instructed in regard to the matter at an early day. In reply to your second inquiry, I have to say that in the opinion of the department the employer of an American citizen can not, upon the death of the employee, be regarded as a legal representative, as a partner in trade, or as a trustee within the meaning of section 1709 of the Revised Statutes. In such case it would seem that you should take charge of the estate in the usual way, not permitting it to be settled by the employer. I am, etc. HERBERT H. D. PEIRCE. No. 1244.] Minister Dudley to the Secretary of State. AMERICAN LEGATION, Lima, Peru, January 26, 1906. SIR: I have the honor to acknowledge the receipt of the department's instruction No. 375, of the 27th ultimo, directing me, in view of the offer of this Government to accord to American consular officers the privileges afforded the most favored nation in the settlement of the estates of deceased Americans, to request the Peruvian foreign office to cause each of the local officials of this country concerned to be instructed to notify the appropriate consul of any death of an American that may occur within his jurisdiction. I inclose herewith a copy of my note making the request. I have, etc., IRVING B. DUDLEY. [Inclosure. 1 Minister Dudley to the Minister for Foreign Relations of Peru. AMERICAN LEGATION, Lima, Peru, January 26, 1906. Mr. MINISTER: It being understood that your excellency's Government is ready to accord to American consular officers the privileges afforded to the most favored nation, in connection with the settlement of the estates of deceased Americans, I am instructed by my Government, for the purpose of enabling the American consul-general at Callao to avail himself of the privilege, to request your exceHency to cause each of the Peruvian local officials concerned to be instructed to notify the appropriate consular officer of any death of an American that may occur within his jurisdiction. Commending the matter to your excellency's favorable consideration, I embrace the opportunity of renewing, etc., No. 1253.] Minister Dudley to the Secretary of State. AMERICAN LEGATION, Lima, Peru, March 6, 1906. SIR: Referring to my No. 1244, of January 26 last, I have the honor to inclose herewith a copy and translation of a note from the Peruvian foreign office, dated the 15th ultimo, from which it appears that in the absence of a convention between the United States and Peru this Government is without authority to grant our consular officers the privilege of administering upon the estates of deceased Americans. The right of consular administration, exercised by Italy under its treaty of 1893 with this country, was lost in consequence of the abrogation of the treaty by Peru. Peru's action was due to its dissatisfaction over questions that arose in the course of consular administration under the treaty, and was taken for the purpose of putting an end to the right. Of course the exercise of the same power will not now be allowed Italian consuls as a privilege and so, even if this Government were vested with discretionary power in the premises, could not with consistency be gratuitously allowed the consuls of any other nation. The minister's note, though dated the 15th ultimo, was not received at this legation until to-day. The explanation is that his note, as originally prepared and sent, was based upon a misconception of the scope of the request made by the legation (see my No. 1244) and that the note forwarded herewith, written later, was substituted for the original note, being given the same date and number. My request, following closely the language of the instruction, was that the local Peruvian officials should notify the appropriate consular officer of any death of an American citizen that might occur within his jurisdiction, for the purpose, as I in substance stated, of enabling our consul-general at Callao to avail himself of the privileges afforded in the case of the most favored nation in connection with the settlement of the estates of deceased Americans. This was understood by the foreign minister to mean for the purpose of enabling our consular officers in this country to watch such administrations and guard the interests of the heirs and successors by appearing therein when found advisable. Instructions to give our consuls, the desired notifications were immediately sent, so the minister has verbally informed me, to all the departments, and those instructions are of course still in force. It is true that since the abrogation, about eight years ago, of the treaty that gave us the right of consular administration in Peru the effects of our deceased countrymen have occasionally been taken into possession and been disposed of by the present consul-general and his predecessors. This must have been through the sufferance or inattention of the Peruvian officials. It has occurred in the case of intestates not domiciled in the country, of those without debtors or creditors in Peru, and in cases wherein no question of the devolution of title to real estate was involved. That it will not be objected to in like cases hereafter seems to me probable. A copy of the above-mentioned note from the Peruvian foreign minister has been furnished the consul-general at Callao. I have, etc., [Inclosure.Translation.] IRVING B. DUDLEY. The Minister of Foreign Affairs to Minister Dudley. PERUVIAN FOREIGN OFFICE, Lima, February 15, 1906. Mr. MINISTER: Referring to your excellency's courteous communication of January 26 last, I have the honor to state that the facilities which my Government is empowered to afford in case of the death of American citizens in Peru are limited, for the present, to the notification which, in pursuance of instructions already issued, the Peruvian authorities will give the proper consular officer of the United States, and in default of one to this department, for the information of your legation. The legal possession and administration of effects left by American citizens could only be conceded to the consular officers of the United States by virtue of special agreements, as in the case of Italy, under the consular convention of February 25, 1893, the stipulations of which, however, can no longer be taken as a standard because said convention has been abrogated. J. PRADO Y UGARTECHE. I take, etc., (Signed) SIR: I have the honor to report that the sudden resignation, just announced, of the Regenerador ministry, which had resumed office but eight weeks ago, has caused unprecedented surprise and perplexity throughout the realm. In the official statement which is herewith inclosed, giving his reason for resigning, the prime minister admitted that he and his colleagues appealed to the King to permit them to adopt drastic measures against Republicans, or, as they expressed it, "adopting measures to insure public order and the respect due to the monarchical institutions of the country." The King emphasized his displeasure at this admission of inability to cope with simple problems by calling João Franco, a dissident from the Hintze Ribeiro party, to form a Conservative ministry, composed of deserters from the Regeneradores-that is, from a faction designated as Regeneradores Liberals. The Republicans are jubilant. They will, in fact, have accomplished much for the good of Portugal if, as a result of their protests, the overthrow of the recent ministry prompts its successor to order fair elections. A prominent Monarchist remarked to me recently in this connection that there were no Republicans in Portugal, those so designated being merely the disfranchised voters clamoring for their electoral rights and ready to support any party, the dynasty above all, which will secure their rights to every citizen. The composition of the new ministry is the following: President of the council and minister of the interior, João Franco; justice, José Novaes; treasury, Driesel Schroeter; war. Vasconcellos Porto; navy and colonies, Ayres Ornellas; foreign affairs, Luiz de Magalhães; public works, Malheiro Reymão. I have, etc., CHARLES PAGE BRYAN. [Inclosure. Translation.] Extract from the Seculo of May 17, 1906. RESIGNATION OF THE GOVERNMENT. The following official announcement was given to the press at half past 1 this morning: "The council of ministers, having met the day before yesterday and carefully considered the present situation, unanimously decided that they ought to lay before the Head of the State the necessity of adopting measures to insure pub lic order and the respect due to the monarchical institutions of the country, and to ask that the opening of the Cortes might be postponed, by a decree for that purpose, on the Government's responsibility, until such time as affairs shall show such opening to be more profitable and useful. "The president of the council then went to explain the situation to His Majesty the King and to state to him what the council of ministers thought should be done. The King declared that he wished to consider the matter, and last evening he wrote to the president of the council, saying that he could not agree with their proposal to him. "The president of the council thereupon presented the resignation of the entire cabinet." No. 235.] Minister Bryan to the Secretary of State. AMERICAN LEGATION, Lisbon, Portugal, June 5, 1906. SIR: I have the honor to transmit herewith a copy and translation of the King's speech delivered at the opening of the Cortes. The address is interesting in its advocacy of radical reforms proposed by the incoming government, which changes are all the concessions demanded by the Liberal and Republican elements. It is reported that the Portuguese sovereigns were fearful that the Republicans would take advantage of that occasion to hiss, or even attack them, but the Democratic leaders advised their followers to avoid all unfriendly manifestations toward the royal family. The King expressed gratification at their conciliatory attitude and was pleased with the peaceful temper of the people. I have, etc., CHARLES PAGE BRYAN. [Inclosure.-Translation.] The King's speech. Worthy Peers of the Realm and Deputies of the Portuguese Nation: It gives me pleasure, on opening the general Cortes of the nation in the course of my duties as constitutional King, to note the cordiality of Portugal's relations with all the other powers. His Highness the Prince Royal' is in Madrid as my representative at the wedding of His Catholic Majesty, and has been received there affectionately and festively, affirming yet again by this visit the close relations which unite the two reigning families and the two peninsular nations. Conventions or agreements of reciprocal interest have been made with several powers, while negotiations for commercial and arbitration treaties are pending with others, all of which will be made clear to you in due season. As the ministry presided over by the councilor of state, José Luciano de Castro, asked for its removal from office, the councilor of state, Ernest Rodolpho Hintze Ribeiro, was intrusted with forming a new government. During his term of office the general elections of deputies took place, without disturbing the public tranquillity, the decision in several electoral suits being still pending before the tribunal of verification of powers. As this ministry also asked for removal from office, I deemed it wise to grant it, intrusting the councilor of state, João Franco Castello Branco, with the formation of a new cabinet, whose gubernatorial programme seemed to me to correspond with the trend of public opinion. My Government and the various ministries will submit drafts of laws to you reforming electoral legislation, by a return to the system of smaller districts, in which votes may be cast for one candidate instead of for the whole ticket, |