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SUPPLEMENT
TO THE ^-^
American Journal of International Law^
VOLUME I
1907
OFFICIAL DOCUMENTS
/^
publi8hbd fob
Thb Ambbioan Socibtt of Intbbvatioval Law
BY
BAKER, VOORHTS & COMPANY,
Nbw Tobk, U. S. a. \j^ I
I
,^7
T
,(
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OOPYSIGRT, 1907, BY
THft AMERICAN SOCIBTY OF INTERNATIONAL LAW
FEB 27 1922
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OFFICIAL DOCUMENTS
CONTENTS
NUMBER 1, JANUARY, 1907.
ABQEifTnnB SsPDBLic. InstructioDB of the Minister of Foreign Relations to
the Minister to the United States. December 29, 1902 1
Fbancb-Gbeat Bbitain. Declaration respecting Egypt and Morocco. April
8, 1904 «
Francb-Sfain. Declaration respecting Morocco. October S, 1904 8
Fbance-Gbeat Britain. Convention respecting Newfoundland, April 8,
1904 9
Great Britain-Japan. Agreement of Alliance. January SO, 1902 14
Great Britain-Japan. Agreement of Alliance. August 12, 1905 15
Japan-Russia. Treaty of Peace. September 5, 1905 17
Newfoundland. An Act respecting Foreign Fishing Vessels. June 15, 1905 . . 22
Newfoundland. An Act respecting Foreign Fishing Vessels. May 10,1906. 24
Great Britain-United States. Mpdus vivendi respecting Fisheries on New-
foundland Treaty CJoast, October 6-8, 1906 27
United States. An Act to Establish a Bureau of Immigration and Natural-
ization, etc, June 29, 1906 31
General Act of the International Conference of Algeciras, signed April 7,
1906 47
China-Great Britain. Convention respecting Tibet, signed April 27, 1906. . 78
Great Britain-Tibet. Convention between, signed September 7, 1904 80
United States. Appointment of Secretaries of Embassy and Legation.
Order of yovember 10, 1905 84
United States. List of Diplomatic Officers. January 1, 1907 86
NUMBER 2, APRIL, 1907.
Declaration of Paris. Respecting Maritime Law. April 16, 1856 89
Geneva Convention. Regarding Condition of Sick and Wounded of Annies
in the Field. August 22, 1864 90
Additional Articles. October 20, 1868 92
Declaration of St. Petersburg. Forbidding Use of Certain Projectiles in
Time of War. November 29, 1868 95
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IV TABLE OF CONTENTS .
International Declaration. Project respecting CustomB of War. BniBsels,
August 27, 1874 96
INTEBNATIONAL PEACE CONFERENCE. Final Act. July 29, 1899 103
Convention for Pbaoeful Adjustkent of Inteniational Differences. July
29, 1899 107
Convention with Respect to Laws and Customs of War on Land. July 29,
1899 129
Convention for Adaptation to Maritime Warfare of Principles of Geneva
Convention of August 22, 1864. July 29, 1899 169
Su£:do NoRVt:GiENNE. Dissolution de TUnion. 29 ootohre, 1905 167
Great Britain-France. Convention Concerning the New Hebrides. Ootoher
20, 1906 ". 179
Convention for Amelioration of Sick and Wounded of Armies in the Field.
Geneva, July 6, 1906 201
Macedonian Financial " Rfeglement." 1906 209
Japan Korea. Document Relating to the Situation of. Deoemher 20, 1905. . 213
Japan-Korea. Treaty Ratified. July 25, 1894. 214
Japan-Russia. Memorandum Concluded and Signed at Seoul. May 14,
1896 215
Japan-Russia. Protocol Concerning Question of Corea. June 9, 1896 216
Japan-Russia. Protocol Concerning Question of Corea. April 25, 1898 217
Japan-Corea. Protocol concluded. February 28, 1904 217
Japan-Korea. Agreement between. August 22, 1904 218
Japan-Corea. Agreement Regarding Communications Services. April 1,
1905 219
Japan-Corea, Agreement by which Japan Assumed Charge of Foreign Re-
lations. November, 11, 1905 221
Japan. Imperial Ordinance No. 267, Respecting Residency-General and
Residencies in Corea. December 20, 1905 222
Great Britain-Francb-Italt. Agreement Respecting Abyssinia. December
IS, 1906 226
Great Bbttain-France-Italt. Agreement Respecting Importation of Arms
and Ammunition into Abyssinia. December 13, 1906 230
United States-Douinican Republic. Customs Revenues of the Dominican
Republic. February 8, 1901 231
United States. Act Creating Court for China. June SO, 1906 234
United States. Act Regulating the Immigration of Aliens. February 20,
1907 238
United States. Act in Reference to Expatriation of Citizens and their Pro-
tection Abroad. March 2, 1907 258
United States. Rules Governing Granting and Issuing of Passports. March
2S, 1907 259
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TABLE OF OONTSNTO Y
KUMBEB 3, JULY, 1007.
Fbangb-Siam. Comrention Eespecting Boundary. March 2S, 1907 263
GsBMANT-UifUKD Statss. CommerQiAl AgreeoMiit Aprti 2Z-May B, 1907. . 267
Intebkational. Convention for Exemption of Hospital Ships. Deoembm-
21, 1904 272
Hnaoo-UNiTKD States. Ck>nYention for Elimination of Banoos in the Rio
Grande. March 20, 1905 278
Mixioo-Unitbd States. Equitable Distribution of the Waters of the Rio
Grande. May 21, 1906 281
Mexico-Guatemala. Extradition Treaty. May 18, 1894 284
Aboentink-Chilb. Treaty of Arbitration. May 28, 1902 290
Aboentinb-Ghili. Convention Respecting Limitation of Naval Armaments.
May 28, 1902 294
Abqehtins-Chilb. Convention Giving Effect to Limitation of Naval Arma-
mento. January 9, 1909 297
Confebence of 1902. Treaty of Obligatory Arbitration between Argentine
Republic, Bolivia, Dominican Republic, Guatemala, Mexico, Paraguay,
Peru, Salvador, and Uruguay. January 29, 1902 299
Confebence of 1902. Treaty for Arbitration of Pecuniary Claims between
the United States of America, Argentine Republic, Bolivia, Colombia,
Costa Rica, Chile, Dominican Republic, Ecuador, Salvador, Guatemala,
Hayti, Honduras, Mexico, Nicaraugoa, Paraguay, Peru, and Uruguay.
January 90, 1902 303
CoirrEBENCE OF 1906. Resolution on Arbitration. Augu9t 7, 1906 307
United States. An Act to Provide for the Reorganisation of the Consular
Servioe of the United States. April 5, 1906 308
United Statbs. Consular Service. Regulations Governing Appointments
and Promotions. Navemher 10, 1905, and June 27, 1906 313
United States. Rules Governing Granting and Issuing of Passports. June
IS, 1907 317
United Statbb. List of Consular Officers. July, 1907 321
NUMBER 4, OCTOBER, 1907.
Newfoundland Fishebies —
Diplomatic Correspondence Between the United States and Great Britain
Leading Up to the Conclusion of the Modus Vivendi of October 6-8, 1906.
(The Modus Vivendi of 1906 was published in the January Supplement,
p. 27.) 349
Modus Vivendi of September 4^, 1907 376
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VI TABLE OF CONTENTS
Documents Relating to the Integbitt of China and the " Open Doob " —
Treaty of Peace Between Japan and China {April 17, 1895) 378
Treaty of Retrocession by Japan to China of the Southern Portion of the
Province of Feng-Tien {November 8, 1895) 384
Secretary Hay's Circular Note of July 9, 1900, to the Powers Co-operating
in China, Defining the Purposes and Policy of the United States 386
Agreement Between Great Britain and Germany, Defining Their Mutual
Policy in China {October 16, 1900) 387
Final Protocol Between the Powers and China, signed September 7, 1901 . . 388
Convention Between Russia and Japan, Signed at St. Petersburg, July
17'S0, 1907 396
Agbeement Between Japan and Kobea, Relating to the Internal Adminis-
tration of Korea, signed at Seoul, July 24, 1907 397
Convention Between Gbeat Bbitain and Russia, Containing Arrangements
on the Subject of Persia, Afghanistan, and Thibet, Signed August 31,
1907 398
Protocol Pboviding fob a General Confebenoe Between the Republics of
Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua, Signed
September 17, 1907 406
Act of the Dominican Congbess Authorizing the Executive to Issue and
Sell $20,000,000 Bonds Pursuant to the Convention Between the United
States and the Dominican Republic, Concluded February 8, 1907 408
Brazilian Law Respecting the Expulsion of Foreigners, January 7, 1907 410
Japanese Law of 1899, Placing Restrictions on the Residence of Foreign
Laborers in the Interior of Japan, July 27, 1899 414
The Acbe Conibovebsy —
Treaty Between Brazil and Bolivia, November 17, 190S 416
Protocol Amendatory of the Provisions of Article 2 of the Treaty of Novem-
ber 17, 1903 421
Instructions for the Mixed Brazilian-Bolivian Commission of Demarcation,
Signed at Rio de Janeiro, February 6, 1907 422
Instructions for the Reconnoissance of the Rio Verde and its Headwaters . . 424
Agbeement Between Fbance and Spain, and Gbeat Bbitain and Spain.
Signed May 16, 1907, for the Maintenance of the Territorial Status Quo
of These Three Countries in the Mediterranean and in that Part of the
Atlantic Ocean Whidi Washes the Shores of Europe- and Africa 42S
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OFFICIAL DOCUMENTS
Sefior Luis M. Drago, Minister of Foreign Relations of the Argentine
ItejnMic, to Sefior Martin Oarda M&rou, Minister of the Argentine
Republic to the United States^,
[Translation]
Argentine Repubuo
Ministry op Foreign Relations and Worship
Buenos Aires, December 29, 1902,
Mr. Minister: I have received your excellency's telegram of the 20th
instant concerning the events that have lately taken place between the
Government of the Republic of Venezuela and the Governments of Great
Britain and Germany. According to your excellency's information the
origin of the disagreement is, in part, the damages suffered by subjects
of the claimant nations during the revolutions and wars that have recently
occurred within the borders of the Republic mentioned, and in part also
the fact that certain payments on the external debt of the nation have
not been met at the proper time.
Leaving out of consideration the first class of claims the adequate
adjustment of which it would be necessary to consult the laws of the
several coimtries, this Government has deemed it expedient to trans-
mit to your excellency some considerations with reference to the forcible
collection of the public debt suggested by the events that have taken
place.
At the outset it is to be noted in this connection that the capitalist
who lends his money to a foreign state always takes into account the
resources of the coimtry and the probability, greater or less, that the
obligations contracted will be fulfilled without delay.
All governments thus enjoy different credit according to their degree
of civilization and culture and their conduct in business transactions;
and these conditions are measured and weighed before making any loan,
the terms being made more or less onerous in accordance with the pre-
cise data concerning them which bankers always have on record.
In the fibrst place the lender knows that he is entering into a contract
> United States: Foreign Relations, 1903, p. 1.
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2 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
with a sovereign entity, and it is an inherent qualification of all sover-
eignty that no proceedings for the execution of a judgment may be
instituted or carried out against it, since this manner of collection would
compromise its very existence and cause the independence and freedom
of action of the respective government to disappear.
Among the fundamental principles of public international law which
humanity has consecrated, one of the most precious is that which decrees
that all states, whatever be the force at their disposal, are entities in
law, perfectly equal one to another, and mutually entitled by virtue
thereof to the same consideration and respect.
The acknowledgment of the debt, the payment of it in its entirety,
can and must be made by the nation without diminution of its inherent
rights as a sovereign entity, but the summary and immediate collection
at a given moment, by means of force, would occasion nothing less than
the ruin of the weakest nations, and the absorption of their governments,
together with all the fimctions inherent in them, by the mighty of the
earth. The principles proclaimed on this continent of America are
otherwise. ''Contracts between a nation and private individuals are
obligatory according to the conscience of the sovereign, and may not be
the object of compelling force," said the illustrious Hamilton. "They
confer no right of action contrary to the sovereign will."
The United States has gone very far in this direction. The eleventh
amendment to its Constitution provided in effect, with the unanimous
assent of the people, that the judicial power of the nation should not
be extended to any suit in law or equity prosecuted against one of the
United States by citizens of another State, or by citizens or subjects of
any foreign state. The Argentine Government has made its Provinces
indictable, and has even adopted the principle that the nation itself
may be brought to trial before the supreme court on contracts which
it enters into with individuals.
What has not been established, what could in no wise be admitted,
is that, once the amount for which it may be indebted has been deter-
mined by legal judgment, it should be deprived of the right to choose
the manner and the time of payment, in which it has as much interest
as the creditor himself, or more, since its credit and its national honor
are involved therein.
This is in no wise a defense for bad faith, disorder, and deliberate
and voluntary insolvency. It is intended merely to preserve the dignity
of the public international entity which may not thus be dragged into
war with detriment to those high ends which determine the existence
and liberty of nations.
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OFFICIAL DOCUMENTS 3
The fact that collection can not be accomplished by means of violence
does not, on the other hand, render valueless the acknowledgment of
the pubUc debt, the definite obligation of paying it.
The state continues to exist in its capacity as such, and sooner or
later the gloomy situations are cleared up, resources increase, common
aspirations of equity and justice prevail, and the most neglected promises
are kept.
The decision, then, which declares the obligation to pay a debt,
whether it be given by the tribunals of the country or by those of inter-
national arbitration, which manifest the abiding zeal for justice as the
basis of the political relations of nations, constitutes an indisputable
title which can not be compared to the imcertain right of one whose
claims are not recognized and who sees himself driven to appeal to force
in order that they may be satisfied.
As these are the sentiments of justice, loyalty, and honor which ani-
mate the Argentine people and have alwajrs inspired its policy, >our
excellency will imderstand that it has felt alarmed at the knowledge
that the failure of Venezuela to meet the payments of its public debt is
given as one of the determining causes of the capture of its fieet, the
bombardment of one of its ports, and the establishment of a rigorous
blockade along its shores. If such proceedings were to be definitely
adopted they would establish a precedent dangerous to the security
and the peace of the nations of this part of America.
The collection of loans by military means implies territorial occupation
to make them effective, and territorial occupation signifies the suppres-
sion or subordination of the governments of the countries on which it
is imposed.
Such a situation seems obviously at variance with the principles
many times proclaimed by the nations of America, and particularly
with the Monroe doctrine, sustained and defended with so much zeal
on all occasions by the United States, a doctrine to which the Argen-
tine Republic has heretofore solemnly adhered.
Among the principles which the memorable message of December 2,
1823, enunciates, there are two great declarations which particularly
refer to these republics, viz: "The American continents are henceforth
not to be considered as subjects for color ization by any European
powers," and " * * ♦ with the governments * * * whose independ-
ence we have * * * acknowledged , we could not view any interposition
for the purpose of oppressing them or controlling in any other manner
their destiny by any European power in any other light than as the
manifestation of an unfriendly disposition toward the United States."
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4 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
The right to forbid new colonial dominions within the limits of this
continent has been many times admitted by the public men of England.
To her sympathy is due, it may be said, the great success which the
Monroe doctrine achieved immediately on its publication. But in very
recent times there has been observed a marked tendency among the
publicists and in the various expressions of European opinion to call
attention to these countries as a suitable field for future territorial expan-
sion. Thinkers of the highest order have pointed out the desirability
of turning in this direction the great efforts which the principal powers
of Europe have exerted for the conquest of sterile regions with trying
climates and in remote regions of the earth. The European writers
are already many who point to the territory of South America, with
its great riches, its sunny sky, and its climate propitious for all products,
as, of necessity, the stage on which the great powers, who have their
arms and implements of conquest already prepared, are to struggle for
the supremacy in the course of this century.
The human tendency to expansion, thus inflamed by the suggestions
of public opinion and the press, may, at any moment, take an aggressive
direction, even against the will of the present governing classes. And
it will not be denied that the simplest way to the setting aside and easy
ejectment of the rightful authorities, by European governments is just
this way of financial interventions — as might be shown by many exam-
ples. We in no wise pretend that the South American nations are, from
any point of view, exempt from the responsibilities of all sorts which
violations of international law impose on civilized peoples. We do not
nor can we pretend that these countries occupy an exceptional position
in their relations with European powers, which have the indubitable
pight to protect their subjects as completely as in any other part of the
world against the persecutions and injustices of which they may be the
victims. The only principle which the Argentine Republic maintains
and which it would, with great satisfaction, see adopted, in view of
the events in Venezuela, by a nation that enjoys such great authority
and prestige as does the United States is the principle, aheady accepted,
that there can be no territorial expansion in America on the part of
Europe, nor any oppression of the peoples of this continent, because an
imfortunate financial situation may compel some one of them to post-
pone the fulfillment of its promises. In a word, the principle which she
would like to see recognized is: that the public debt can not occasion
armed intervention nox even the actual occupation of the territory of
American nations by a European power.
The loss of prestige and credit experienced by states which fail to
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OFFICIAL DOCUMENTS 5
satisfy the rightful claims of their lawful creditors brings with it diffi-
culties of such magnitude as to render it unnecessary for foreign inter-
vention to aggravate with its oppression the temporary misfortunes of
insolvency.
The Argentiae Government could cite its own example to demonstrate
the needlessness of armed intervention in these cases.
The payment of the English debt of 1824 was spontaneously resumed
by her after an interruption of thirty years, occasioned by the anarchy
and the disturbances which seriously affected the country during this
period, and all the back payments and all the interest payments were
scrupulously made without any steps to this end having been taken by
the creditors.
Later on a series of financial happening9 and reverses completely
beyond the control of her authorities compelled her for the moment
to suspend the payment of the foreign debt. She had, however, the
firm and fixed intention of resuming the payments as soon as circum-
stances should permit, and she did so actually some time afterwards,
at the cost of great sacrifices, but of her own free will and without the
interference or the threats of any. foreign power. And it has been
because of her perfectly scrupulous, regular, and honest proceedings,
because of her high sentiment of equity and justice so fully demonstrated,
that the difficulties imdergone, instead of diminishing, have increased
her credit in the markets of Europe. It may be affirmed with entire
certainty that so flattering a result would not have been obtained had
the crecUtors deemed it expedient to intervene with violence at the criti-
cal financial period, which was thus passed through successfully. We
do not nor can we fear that such circumstances will be repeated.
At this time, then, no selfish feeling animates us, nor do we seek our
own advantage in manifesting our desire that the pubUc debt of states
should not serve as a reason for an armed attack on such states. Quite
as little do we harbor any sentiment of hostility with regard to the
nations of Europe. On the contrary, we have maintained with all of
of them since our emancipation the most friendly relations, especially
with England, to whom we have recently given the best proof of the
confidence which her justice and equanimity inspire in us by intrusting
to her decision the most important of our international questions, which
she has just decided, fixing our limits with Chile after a controversy of
more than seventy years.
We know that where England goes civilization accompanies her, and
the benefits of political and civil Uberty are extended. Therefore, we
esteem her, but this does not mean that we should adhere with equal
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6 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
sympathy to her policy in the improbable case of her attempting to
oppress the nationalities of this continent which are struggling for their
own progress, which have already overcome the greatest difficulties and
will surely triumph — ^to the honor of democratic institutions. Long,
perhaps, is the road that the South American nations still have to travel.
But they have faith enough and energy and worth sufficient to bring
them to their final development with mutual support.
And it is because of this sentiment of continental brotherhood and
because of the force which is always derived from the moral support of
a whole people that I address you, in pursuance of instructions from
His Excellency the President of the Republic, that you may communi-
cate to the Government of the United States our point of view regarding
the events in the further development of which that Government is to
take so important a part, in order that it may have it in mind as the
sincere expression of the sentiments of a nation that has faith in its
destiny and in that of this whole continent, at whose head march the
United States, realizing our ideals and a£Fording us examples.
Please accept, etc.,
Luis M. Drago.
Dedaratian between the United Kingdom and France respecting Egypt and
Morocco, dated April 8, 1904.^
Article I. His Britannic Majesty's Government declare that they
have no intention of altering the political status of Egypt.
The Government of the French Republic, for their part, declare that
they will not obstruct the action of Great Britain in that country by
asking that a limit of time be fixed for the British occupation or in any
other manner, and that they give their assent to the draft Ehedivial
Decree annexed to the present Arrangement, containing the guarantees
considered necessary for the protection of the interests of the Egyptian
bondholders, on the condition that, after its promulgation, it cannot be
be modified in any way without the consent of the Powers Signatory of
the Convention of London of 1885.
It is agreed that the post of Director-General of Antiquities in Egypt
shall continue, as in the past, to be entrusted to a French savant.
The French schools in Egypt shall continue to enjoy the same liberty
as in the past.
Art. II. The Government of the French Republic declare that they
have no intention of altering the political status of Morocco.
^Gfest Britain: Parliamentary Papers, Treaty Series, 1905, No. 6.
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OFFICIAL DOCUMENTS 7
His Britannic Majesty's Govemment, for their part, recognize that it
appertains to France, more particularly as a Power whose dominions are
conterminous for a great distance with those of Morocco, to preserve
order in that coimtry, and to provide assistance for the purpose of all
administrative, economic, financial, and military reforms which it may
require.
They declare that they will not obstruct the action taken by France
for this purpose, provided that such action shall leave intact the rights
which Great Britain, in virtue of Treaties, Conventions, and usage, enjoys
in Morocco, including the right of coasting trade between the ports of
Morocco, enjoyed by British vessels since 1901.
Art. III. His Britannic Majesty's Government, for their part, will
respect the rights which France, in virtue of Treaties, Conventions, and
usage, enjoys in Egypt, including the right of coasting trade between
Egyptian ports accorded to French vessels.
Art. IV. The two Governments, being equally attached to the princi-
ple of commercial liberty both in Egpjrt and Morocco, declare that they
will not, in those coimtries, coimtenance any inequality either in the
imposition of customs* duties or other taxes, or of railway transport
charges.
The trade of both nations with Morocco and with Egypt shall enjoy
the same treatment in transit through the French and British possessions
in Africa. An Agreement between the two Governments shall settle
the conditions of such transit and shall determine the points of entry.
This mutual engagement shall be binding for a period of thirty years.
Unless this stipulation is expressly denoimced at least one year in
advance, the period shall be extended for five years at a time.
Nevertheless, the Government of the French Republic reserve to
themselves in Morocco, and His Britannic Majesty's government reserve
to themselves in Egypt, the right to see that the concessions for roads,
railways, ports, &c., are only granted on such conditions as will main-
tain intact the authority of the State over these great undertakings of
public interest.
Art. V. His Britannic Majesty's Government declare that they will
use their influence in order that the French officials now in the Egyptian
service may not be placed imder conditions less advantageous than those
applying to the British officials in the same service.
The Government of the French Republic, for their part, would make
no objection to the application of analogous conditions to British officials
now in the Moorish service.
Art. YI. In order to insure the free passage of the Suez Canal, His
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8 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
Britannic Majesty's Government declare that they adhere to the stipula-
tions of the Treaty of the 29th October, 1888, and that they agree
to their being put in force. The free passage of the Canal being
thus guaranteed, the execution of the last sentence of paragraph 1 as
well as of paragraph 2 of Article VIII of that Treaty will remain in
abeyance.
Art. VII. In order to secure the free passage of the Straits of Gib-
raltar, the two Governments agree not to permit the erection of any
fortifications or strategic works on that portion of the coast of Morocco
comprised between, but not including, Melilla and the heights which
command the right bank of the River Sebou.
This condition does not, however, apply to the places at present in
the occupation of Spain on the Moorish coast of the Mediterranean.
Art. VIII. The two Governments, inspired by their feeling of sincere
friendship for Spain, take into special consideration the interests which
that coimtry derives from her geographical position and from her terri-
torial possessions on the Moorish coast of the Mediterranean. In regard
to these interests the French Government will come to an imderstanding
with the Spanish Government.
The agreement which may be come to on the subject between France
and Spain shall be communicated to His Britannic Majesty's Government.
Art. IX. The two Governments agree to afford to one another their
diplomatic support, in order to obtain the execution of the clauses of the
present Declaration regarding Egypt and Morocco.
In witness whereof his Excellency the Ambassador of the French
Republic at the Court of His Majesty the King of the United Kingdom of
Great Bx-itain and Ireland and of the British Dominions beyond the Seas,
Emperor of India, and His Majesty's Principal Secretary of State for
Foreign Affairs, duly authorized for that purpose, have signed the present
Declaration and have affixed thereto their seals.
Done at London, in duplicate, the 8th day of April, 1904.
[l.s.] Lansdownb.
[l.s.] Paul Cambon.
Translation of the Declaration Relative to the Adhesion of Spain to the Franco-
English Declaration of April 8, 1904, Respecting the Maintenance of the
Integrity of Morocco, signed at Paris, October 5, 1904.
Having reached an accord upon the rights and interests of Spain and
France in relation to the Empire of Morocco the two Governments have
agreed to establish the same by means of the following declaration :
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OFFICIAL DOCUMENTS 9
The Government of His Majesty the King of Spain and the Government
of the Republic of France, having agreed to define the extension of their
rights and the guarantee of their interests, which result, for Spain, from
her possessions on the coasts of Morocco, and for France, from her Algerian
possessions, and the Government of His Majesty the King of Spain having,
in consequence, given its adhesion to the Franco-English declaration of
April 8, 1904, relative to Morocco and Egypt, which has been communi-
cated to it by the Government of the French Republic, declare that they
remain firmly attached to the integrity of the Empire of Morocco, imder
the sovereignty of the Sultan. In consequence thereof, the undersigned,
His Excellency the Ambassador Extraordinary and Plenipotentiary of
His Majesty the King of Spain accredited to the President of the Republic
of France, and His Excellency the Minister of Foreign Affairs, duly author-
ized for this purpose, have executed the present declaration, to which
they have placed their seals.
Done, in duplicate . at Paris, October 3, 1904.
[L.S.] Leon F. y Castillo.
[L.8.] DkLCASS^.
Convention signed at London, April 8, 1904}
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of India,
and the President of the French Republic, having resolved to put an end,
by a friendly arrangement, to the diflSculties which have arisen in New-
foimdland, have decided to conclude a convention to that effect, and have
named as their respective plenipotentiaries:
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of India,
the Most Honorable Henry Charles Keith Petty-Fitzmaurice, Marquess of
Lansdowne, Hie Majesty's principal secretary of state for foreign affairs;
and
The President of the French Republic, His Excellency Monsieur Paul
Cambon, ambassador of the French Republic at the court of His Majesty
the King of the United Kingdom of Great Britain and Ireland and of the
British Dominions beyond the Seas, Emperor of India;
Who, after having communicated to each other their full powers, found
in good and due form, have agreed as follows, subject to the approval of
their respective Parliaments:
^United States: Foreign Relations, 1904,329.
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10 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Article I. France lenounoes the privileges established to her advan-
tage by Article Xin of the treaty of Utrecht, and confirmed or modified
by subsequent provisions.
Art. n. France retains for her citizens, on a footing of equality with
British subjects, the right of fishing in the territorial waters on that portion
of the coast of Newfoimdland comprised between Gape St. John and Gape
Ray, passing by the north; this right shall be exercised during the usual
fishing season closing for all persons on the 20th October of each year.
The French may therefore fish there for every kind of fish, including
bait and also shellfish. They may enter any port or harbor on the said
coast and may there obtain supplies or bait and shelter on the same condi-
tions as the inhabitants of Newfoundland, but they will remain subject to
the local regulations in force; they may also fish at the mouths of the
rivers, but without going beyond a straight line drawn between the two
extremities of the banks where the river enters the sea.
They shall not make use of stake nets or fixed engines without per-
mission of the local authorities.
On the above-named portion of the coast, British subjects and French
citizens shall be subject alike to the laws and regulations now in force, or
which may hereafter be passed for the establishment of a close time in
regard to any particular kind of fish, or for the improvement of the fisheries.
Notice of any fresh laws or regulations shall be given to the Government of
the French Republic three months before they come into operation.
The policing of the fishing on the above-mentioned portion of the coast,
and for prevention of illicit liquor traffic and smuggling of spirits, shall
form the subject of regulations drawn up in agreement by the two Gov-
ernments.
Art. III. A pecuniary indemnity shall be awarded by His Britannic
Majesty's Government to the French citizens engaged in fishing or the
preparation of fish on the "treaty shore,** who are obliged either to
abandon the establishments they possess there, or to give up their
occupation, in consequence of the modification introduced by the present
convention into the existing state of affairs.
This indemnity can not be claimed by the parties interested unless they
have been engaged in their business prior to the closing of the fishing season
of 1903.
Claims for indemnity shall be submitted to an arbitral tribunal, com-
posed of an officer of each nation, and, in the event of disagreement, of an
umpire appointed in accordance with the procedure kid down by Article
XXXII of The Hague convention. The details regulating the constitu-
tion of the tribunal and the conditions of the inquiries to be instituted for
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OFFICIAL D0CX7MENTS 11
the purpose of substantiating the claims shall form the subject of a special
agreement between the two Governments.
Aet. IV. His Britannic Majesty's Government, recognizing that, in
addition to the indemnity referred to in the preceding article, some terri-
torial compensation is due to France in return for the surrender of her
privilege in that part of the island of Newfoimdland referred to in Article
II, agree with the Government of the French Republic to the provisions
embodied in the following articles:
Abt. v. The present frontier between Senegambia and the English
Colony of the Gambia shall be modified so as to give to France Yarbutenda
and the lands and landing places belonging to that locality.
In the event of the river not being open to maritime navigation up to
that point, access shall be assured to the French Government at a point
lower down on the river Gambia, which shall be recognized by mutual
agreement as being accessible to merchant ships engaged in maritime
navigation.
The conditions which shall govern transit on the river Gambia and its
tributaries, as well as the method of access to the point that may be
reserved to France in accordance with the preceding paragraph, shall form
the subject of future agreement between the two Governments.
In any case, it is imderstood that these conditions shall be at least as
favorable as those of the system instituted by application of the general
act of the African conference of the 26th February, 1885, and of the Anglo-
French convention of the 14th Jime, 1898, to the English portion of the
basin of the Niger.
AfiT. VI. The group known as the lies de Los, and situated opposite
Konakry, is ceded by His Britannic Majesty to France.
Art. VII. Persons bom in the territories ceded to France by articles
V and VI of the present convention may retain British nationality by
means of individual declaration to that effect, to be made before the proper
authorities by themselves, or, in the case of children imder age, by their
parents or guardians.
The period within which the declaration of option referred to in the pre-
ceding paragraph must be made, shall be one year, dating from the day on
which French authority shall be established over the territory in which
the persons in question have been bom.
Native laws and customs now existing will, as far as possible, remain
undisturbed.
In the lies de Los, for a period of thirty years from the date of exchange
of the ratifications of the present convention, British fishermen shall
enjoy the same rights as French fishermen, with regard to anchorage in
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12 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
all weathers, to taking in provisions and water, to making repairs, to trans-
shipment of goods, to the sale of fish, and to the landing and drying of nets,
provided always that they observe the conditions laid down in the French
laws and regulations which may be in force there.
Art. VIII. To the east of the Niger the following line shall be substi-
tuted for the boundary fixed between the French and British possessions
by the convention of the 14th Jime, 1898,subject to the modifications
which may result from the stipulations introduced in the final paragraph
of the present article.
Starting from the point on the left bank of the Niger laid down in
Article III of the convention of the 14th of June, 1898, that is to say,
the median line of the Dallul Mauri, the frontier shall be drawn along
this median line until it meets the circumference of a circle drawn from
the town of Sokoto as a centre, with a radius of 160,932 mdtres (100
miles). Thence it shall follow the northern arc of this circle to a point
situated 5 kilometres south of the point of intersection of the above-
mentioned arc of the circle with the route from Dosso to Matankari via
Maour^d^.
Thence it shall be drawn in a direct line to a point 20 kilom^res
north of Konni (Bimi-N'Kouni), and then in a direct line to a point 15
kilometres south of Maradi, and thence shall be continued in a direct
line to the point of intersection of the parallel of 13^ 20^ north latitude
with a meridian passing 70 miles to the east of the second intersection
of the 14h degree of north latitude and the northern arc of the above-
mentioned circle.
Thence the frontier shall follow in an easterly direction the parallel of
13° 20' north latitude until it strikes the left bank of the river Eomadugu
Waube (KomadougouOuob6), the thalweg of which it will then follow
to Lake Chad. But if, before meeting this river the frontier attains a
distance of 5 kilomdtres from the caravan route from Zinder to Yo,
through Sua Eololua (Sua Eololoua) Adeber, and Eabi, the boundary
shall then be traced at a distance of 5 kilometres to the south of this
route imtil it strikes the left bank of the river Komadugu Waub6 (Koma-
dougou Ouob^), it being nevertheless imderstood that, if the boundary
thus drawn should happen to pass through a village, this village with
its lands shall be assigned to the government to which would fall the
larger portion of the village and its lands. The boimdary will then,
as before, follow the thalweg of the said river to Lake Ohad.
Thence it will follow the degree of latitude passing through the thal-
weg of the mouth of the said river up to its intersection with the meridian
running 35' east of the center of the town of Kouka, and will then follow
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OFFICIAL DOCUMENTS 13
this meridian southwards until it intersects the southern shore of Lake
Chad.
It is agreed, however, that, when the commissioners of the two govern-
ments at present engaged in delimiting the line laid down in Article IV
of the convention of the 14th of Jime, 1898, return home and can be con-
sulted, the two governments will be prepared to consider any modifica-
tions of the above frontier line which may seem desirable for the pur-
pose of determining the line of demarcation with greater accuracy. In
order to avoid the inconvenience to either party which might result from
the adoption of a line deviating from recognized and well-established
frontiers, it is agreed that in those portions of the projected line where
the frontier is not determined by the trade routes, regard shall be had
to the present poUtical divisions of the territories so that the tribes
belonging to the territories of Tessaoua-Maradi and Zinder shall, as far
as possible, be left to France, and those belonging to the territories of
the British zone shall, as far as possible, be left to Great Britain.
It is further agreed that on Lake Chad the frontier line shall, if neces-
sary, be modified so as to assure to France a communication through
open water at all seasons between her possessions on the northwest and
those on the southeast of the lake, and a portion of the surface of the
open waters of the lake at least proportionate to that assigned to her
by the map forming annex 2 of the convention of the 14th Jime, 1898.
In that portion of the river Komadugu which is common to both
parties the populations on the banks shall have equal rights of fishing.
Abt. IX. The present convention shall be ratified, and the ratifica-
tions shall be exchanged, at London, within eight months, or earlier if
possible.
In witness whereof his excellency the ambassador of the French Re-
public at the Court of His Majesty the King of the United Kingdom of
Great Britain and Ireland and of the British Dominions beyond the Seas,
Emperor of India, and His Majesty's principal secretary of state for
foreign affairs, duly authorized for that purpose, have signed the present
convention and have affixed thereto their seals.
Done at London, in duplicate, the 8th day of April, 1904.
[l. s.] Lansdowne.
[l. s.l Paul Cambon.
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14 THE AMERICAN JOUBNAL OF INTERNATIONAL LAW
Agreement between Oreat Britain and Japan, signed at London,
January SO, 1902}
The Governments of Great Britain and Japan, actuated solely by
a desire to maintain the etatvjs quo and general peace in the extreme
East, being moreover specially interested in maintaining the independ-
ence and territorial integrity of the Empire of China and the Empire
of Korea, and in securing equal opportimities in those coimtries for the
commerce and industry of all nations, hereby agree as follows:
Article I. The high contracting parties having mutually recognized
the independence of China and of Korea, declare themselves to be entirely
iminfluenced by any aggressive tendencies in either coimtry. Having
in view, however, their special interests, of which those of Great Britain
relate principally to China, while Japan, in addition to the interests
which she possesses in China, is interested in a peculiar degree politically,
as well as commercially and industrially, in Korea, the high contracting
parties recognize that it will be admissible for either of them to take
such measures as may be indispensable in order to safeguard those inter-
ests if threatened either by the aggressive action of any other power,
or by disturbances arising in China or Korea, and necessitating the inter-
vention of either of the high contracting parties for the protection of
the lives and property of its subjects.
Art. II. If either Great Britain or Japan, in the defense of their
respective interests as above described, should become involved in war
with another power, the other high contracting party will maintain a
strict neutrality, and use its efforts to prevent other powers from joining
in hostilities against its ally.
Art. III. If in the above event any other power or powers should
join in hostilities against that ally, the other high contracting party will
come to its assistance and will conduct the war in common, and make
peace in mutual agreement with it.
Art. IV. The high contracting parties agree that neither of them
will, without consulting the other, enter into separate arrangements with
another power to the prejudice of the interests above described.
Art. V. Whenever, in the opinion of either Great Britain or Japan,
the above-mentioned interests are in jeopardy, the two Governments
will commimicate with one another fully and frankly.
Art. VI. The present agreement shall come into effect immediately
after the date of its signature, and remain in force for five years from
that date.
^United States: Foreign RelationB, 1902, p. 514.
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OFFICIAL DOCUMENTS 15
In case neither of the high contracting parties should have notified
twelve months before the expiration of the said five years the intention
of terminating it, it shall remain binding imtil the expiration of one year
from the day on which either of the high contracting parties shall have
denoimced it. But if, when the date fixed for its expiration arrives,
either ally is actually engaged in war, the alliance shall, ipso facto, con-
tinue imtil peace is concluded.
In faith whereof the imdersigned, duly authorized by their respective
Governments, have signed this agreement, and have aflSxed thereto
their seals.
Done in duplicate at London the 30th January, 1902.
[l. 8.] Lansdowne,
His Britannic Majesty* a Principal Secretary of
State for Foreign Affairs.
[l. s.] Hayashi,
Envoy Extraordinary and Minister Plenipotentiary
of His Majesty the Emperor of Japan at the
Court of St. James.
Agreement between the United Kingdom and Japan, signed at London,
August 12, 1905."^
PREAMBLE.
The Governments of Great Britain and Japan, being desirous of replac-
ing the agreement concluded between them on the 30th of January,
1902, by fresh stipulations, have agreed upon the following articles,
which have for their object —
(a) The consoUdation and maintenance of the general peace in the
regions of eastern Asia and of India.
(b) The preservation of the common interests of all powers in China,
by insuring the independence and integrity of the Chinese Empire and
the principle of equal opportunities for the commerce and industry of
all nations in China.
(c) The maintenance of the territorial rights of the high contracting
parties in the regions of eastern Asia and of India, and the defense of
their special interests in the said regions.
Article I. It is agreed that whenever in the opinion of either Great
Britain or Japan any of the rights and interests referred to in the
^United States: Foreign RelatioiuB, 1005, p. 488.
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16 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
preamble of this agreement are in jeopardy, the two governments will
communicate with one another fully and frankly and will consider in
common the measures which should be taken to safeguard those menaced
rights or interests.
Art. II. If by reason of unprovoked attack or aggressive action,
wherever arising, on the part of any other power or powers either con-
tracting party should be involved in war in defense of its territorial
rights or special interests mentioned in the preamble of this agreement,
the other contracting party will at once come to the assistance of its
ally and will conduct the war in common and make peace in mutual
agreement with it.
Art. III. Japan possessing paramount political, military, and eco-
nomic interests in Korea, Great Britain recognizes the right of Japan to
take such measures of guidance, control, and protection in Korea as
she may deem proper and necessary to safeguard and advance those
interests, provided always that such measures are not contrary to the
principle of equal opportunities for the commerce and industry of all
nations.
Art. IV. Great Britain having a special interest in all that concerns
the security of the Indian frontier, Japan recognizes her right to take
such measures in the proximity of that frontier as she may find neces-
sary for safeguarding her Indian possessions.
Art. V. The high contracting parties agree that neither of them will
without consulting the other enter into separate arrangements with
another power to the prejudice of the objects described in the preamble
of this agreement.
Art. VI. As regards the present war between Japan and Russia,
Great Britain will continue to maintain strict neutrality imless some
other power or powers should join in hostilities against Japan, in which
case Great Britain will come to the assistance of Japan and will con-
duct the war in common and make peace in mutual agreement with
Japan.
Art. VII. The conditions imder which armed resistance shall be
afforded by either power to the other in the circumstances mentioned in
the present agreement, and the means by which such assistance is to be
made available, will be arranged by the naval and military authorities
of the contracting parties, who will from time to time consult one another
fully and freely upon all questions of mutual interest.
Art. VIII. The present agreement shall, subject to the provisions
of Article VI, come into effect immediately after the date of its signature
and remain in force for ten years from that date.
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OFFICIAL DOCUMENTS 17
In case neither of the high contracting parties should have notified
twelve months before the expiration of the said ten years the intention
of terminating it, it shall remain binding imtil the expiration of one year
from the day on which either of the high contracting parties shall have
denounced it. But if when the date fixed for its expiration arrives
either ally is actually engaged in war the alliance shall ipso facto continue
until peace is concluded.
In faith whereof the imdersigned, duly authorized by their respective
governments, have signed this agreement and have afiixed thereto their
seals.
Done in duplicate at London, the 12th day of August, 1905.
[l. s.] Lansdowne,
His Britannic Majesty's Principal Secretary
of State for Foreign Affairs.
[l. s.] Tadasu Hatashi,
Envoy Extraordinary and Minister Plenipo-
tentiary of His Majesty the Emperor of
Japan at the Court of St} James.
The Peace of PortsmoiUh, September 5, 1906.^
His Majesty, the Emperpr of all the Russias, on the one hand, and
BQs Majesty, the Emperor of Japan, on the other hand, being animated
by the desire to restore the benefits of peace for their coimtries and their
peoples, have decided to conclude a treaty of peace and have appointed
for this purpose their plenipotentiaries, to wit:
His Majesty the Emperor of Russia —
His Excellency, Mr. Sergius Witte, his secretary of state and president
of the committee of ministers of the Empire of Russia, and
His Excellency, Baron Roman Rosen, master of the Imperial Court
of Russia and his ambassador extraordinary and plenipotentiary to the
United States of America;
And His Majesty, the Emperor of Japan —
His Excellency, Baron Komura lutaro, lusammi, knight of the Impe-
rial Order of the Rising Sun, his minister of foreign affairs, and
His Excellency, Mr. Takahira Kogoro, lusammi, knight of the Impe-
rial Order of the Sacred Treasure, his envoy extraordinary and minister
plenipotentiary to the United States of America;
Who, after having exchanged their full powers, foimd in good and
due form, concluded the following articles:
> United States: Foreign Relations, 1905, p. 824.
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18 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Article I. There shall be m the future peace and friendship be-
tween Thek Majesties the Emperor of all the Russias and the Em-
peror of Japan, as well as between their respective nations and subjects.
Art. II. The Imperial Government of Russia, recognizing that Japan
has predominant political, military, and economic interests in Korea,
agrees not to interfere or place obstacles in the way of any measure of
direction, protection, and supervision which the Imperial Government
of Japan may deem necessary to adopt in Korea.
It is agreed that Russian subjects in Korea shall be treated in exactly
the same maimer as the citizens of other foreign countries; that is, that
they shall be placed on the same footing as the citizens of the most-
favored nation.
It is likewise agreed that, in order to avoid any cause of misimder-
standing, the two high contracting parties shall refrain from adopting,
on the Russo-Korean frontier, any military measures which might
menace the security of the Russian or Korean territory.
Art. III. Russia and Japan mutually engage:
1. To completely and simultaneously evacuate Manchuria, with the
exception of the territory over which the lease of the peninsula of Liao-
tung extends, in accordance with the provisions of additional Article I
annexed to this treaty, and
2. To entirely and completely restore to the exclusive administration
of China all parts of Manchuria now occupied by Russian and Japanese
troops, or which are under their control, with the exception of the above-
mentioned territory.
The Imperial Government of Russia declares that it has no territorial
advantages or preferential or exclusive concessions in Manchuria of such
a nature as to impair the sovereignty of China or which are incompatible
with the principle of equal opportunity.
Art. IV. Russia and Japan mutually pledge themselves not to
place any obstacle in the way of general measures which apply equally to
all nations and which China might adopt for the development of com-
merce and industry in Manchuria.
Art. V. The Imperial Government of Russia cedes to the Imperial
Government of Japan, with the consent of the Government of China, the
lease of Port Arthur, of Talien, and of the adjacent territories and ter-
ritorial waters, as well as the rights, privileges, and concessions connected
with this lease or forming part thereof, and it likewise cedes to the
Imperial Government of Japan all the public works and property within
the territory over which the above-mentioned lease extends.
The high contracting parties mutually engage to obtain from the Gov-
ernment of China the consent mentioned in the foregoing clause.
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OFFICIAL DOCUMENTS 19
The Imperial Govemment of Japan gives on its part the assurance that
the property rights of Russian subjects within the above-mentioned
territory shall be absolutely respected.
Art. VI. The Imperial Govemment of Russia obligates itself to yield
to the Imperial Govemment of Japan, without compensation and with
the consent of the Chinese Govemment, the Chan-chun (Kwan-Chien-
Tsi) and Port Arthur Railroad and all its branches, with all the rights,
privileges, and property thereunto belonging within this region, as well
as all the coal mines in said region belonging to this railroad or being
operated for its benefit.
The two high contracting parties mutually pledge themselves to obtain
from the Chinese Govemment the consent mentioned in the foregoing
clause.
Art. VII. Russia and Japan agree to operate their respective rail-
roads in Manchuria for commercial and industrial purposes exclusively,
but by no means for strategic purposes.
It is agreed that this restriction does not apply to the railroads within
the territory covered by the lease of the Liao-timg peninsula.
Art. VIII. The Imperial Govemments of Russia and Japan, with a
view to favoring and facilitating relations and traflSc, shall conclude, as
soon as possible, a separate convention to govern their operations of
repair on the railroads in Manchuria.
Art. IX. The Imperial Govemment of Russia cedes to the Imperial
Govemment of Japan, in perpetuity and full sovereignty, the southern
part of the island of Saghalin, and all the islands adjacent thereto, as
well as all the public works and property there situated. The fiftieth
parallel of north latitude is adopted as the limit of the ceded territory.
The exact boundary line of this territory shall be determined in accord-
ance with the provisions of additional Article II annexed to this treaty.
Japan and Russia mutually agree not to construct within their respec-
tive possessions on the island of Saghalin, and the islands adjacent there-
to, any fortification or similar military work. They likewise mutually
agree not to adopt any military measures which might hinder the free
navigation of the Straits of La Perouse and Tartary.
Art. X. The right is reserved to Russian subjects inhabiting the
territory ceded to Japan to sell their real property and return to their
country; however, if they prefer to remain in the ceded territory, they
shall be guarded and protected in the full enjoyment of their property
rights and the exercise of their industries provided they submit to the
laws and jurisdiction of Japan. Japan shall have perfect liberty to with-
draw the right of residence in this territory from all inhabitants laboring
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20 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
under political or administrative incapacity, or to deport them from this
territory. It pledges itself, however, to fully respect the property rights
of these inhabitants.
Art. XI. Russia obligates itself to reacKan understanding with
Japan in order to grant to Japanese subjects fishing rights along the
coast of the Russian possessions in the Seas of Japan, Okhotsk, and
Bering.
It is agreed that the above-mentioned obligation shall not impair the
rights already belonging to Russian or foreign subjects in these regions.
Art. XII. The treaty of commerce and navigation between Russia
and Japan having been annulled by the war, the Imperial Governments
of Russia and Japan agree to adopt as a basis for their commercial rela-
tions, imtil the conclusion of a new treaty of commerce and navigation
on the basis of the treaty in force before the present war, the system of
reciprocity on the principle of the most favored nation, including import
and export tariffs, custom-house formalities, transit and tonnage dues,
and the admission and treatment of the agents, subjects, and vessels
of one country in the territory of the other.
Art. XIII. As soon as possible after the present treaty takes effect,
all prisoners of war shall be mutually returned. The Imperial Govern-
ments of Russia and Japan shall each appoint a special commissioner
to take charge of the prisoners. All prisoners in the custody of one of
the governments shall be deUvered to the commissioner of the other
government or to his duly authorized representative, who shall receive
them in such number and in such suitable ports of the surrendering
nation as the latter shall notify in advance to the commissioner of the
receiving nation.
The Governments of Russia and Japan shall present to each other,
as soon as possible after the delivery of the prisoners has been completed,
a verified accoimt of the direct expenditures made by them respectively
for the care and maintenance of the prisoners from the date of capture
or siirrender until the date of their death or return. Russia agrees to
refund to Japan, as soon as possible after the exchange of these accounts,
as above stipulated, the difference between the actual amount thus spent
by Japan and the actual amoimt likewise expended by Russia.
Art. XIV. The present treaty shall be ratified by Their Majesties
the Emperor of all the Russias and the Emperor of Japan. This ratifica-
tion shall, within the shortest possible time and at all events not later
than fifty days from the date of the signature of the treaty, be notified
to the Imperial Governments of Russia and Japan, respectively, through
the ambassador of the United States of America at St. Petersburg and
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OFFICIAL DOCUMENTS 21
the minister of France at Tokyo, and from and after the date of the last
of these notifications this treaty shall enter into full force in all its parts.
The formal exchange of the ratifications shall take place at Washing-
ton as soon as possible.
Art. XV. The present treaty shall be signed in duplicate, in the
French and English languages. The two texts are absolutely alike;
however, in case of difiference of interpretation the French text shall
prevail.
In witness whereof the respective plenipotentiaries have signed the
present treaty of peace and affixed thereto their seals.
Done at Portsmouth, New Hampshire, the twenty-third day of August
[fifth of September] of the year one thousand nine himdred and five,
corresponding to the fifth day of the ninth month of the thirty-eighth
year of Meiji.
lUTARO KOMURA. [l. S.]
K. Takahira. [l. s.]
Sergius Witte. [l. s.]
Rosen. [l. .s]
In conformity with the provisions of Articles II and IX of the treaty
of peace between Russia and Japan under this date, the imdersigned
plenipotentiaries, have concluded the following additional articles:
I. To Article III:
The Imperial Governments of Russia and Japan mutually agree to
begin the withdrawal of their military forces from the territory of Man-
churia simultaneously and immediately after the entrance into force of
the treaty of peace; and within a period of eighteen months from this
date the armies of the two powers shall be entirely withdrawn from
Manchuria, with the exception of the leased territory of the peninsula
of Liao-timg.
The forces of the two powers occupying advanced positions shall be
withdrawn first.
The high contracting parties reserve the right to maintain guards
for the protection of their respective railroad lines in Manchuria.
The number of these guards shall not exceed 15 men per kilometer,
and within the limit of this maximum number the commanders of the
Russian and Japanese armies shall, by mutual agreement, fix the number
of guards who are to be employed, this number being as low as possible
and in accordance with actual requirements. The commanders of the
Russian and Japanese forces in Manchuria shall reach an understanding
regarding all the details connected with the evacuation, in conformity
with the principles herein above set forth, and shall, by mutual agree-
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22 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
ment, adopt the measures nesessary to carry out the evacuation as soon
as possible and at all events within a period not exceeding eighteen
months.
II. To Article IX:
As soon as possible after the present treaty takes effect, a boundary
commission composed of an equal number of members appointed respec-
tively by the two high contracting parties shall mark on the spot and in
a permanent manner the exact line between the Russian and Japanese
possessions on the island of Saghalin. The commission shall be obliged,
as far as topographical conditions permit , to follow the 50th parallel
of north latitude for the line of demarcation, and incase any deviations
from this line are found necessary at certain points compensation shall
be made therefor by making corresponding deviations at other points.
It shall also be the duty of said commission to prepare a list and descrip-
tion of the adjacent islands which are comprised within the cession,
and finally the commission shall prepare and sign maps showing the
boundaries of the ceded territory. The labors of the commission shall
be submitted to the approval of the high contracting parties.
The additional articles mentioned hereinabove shall be considered as
being ratified by the ratification of the treaty of peace, to which they are
annexed.
''Portsmouth, August 23 [September 5], 1905, corresponding to the
5th day, 9th month, and 38th year of Meiji.
lUTARO EOMURA.
E. Takahira.
Sergiub Witte.
Rosen.
An Act of Newfoundland respecting Foreign Fishing Vessels.
{Passed June 15, 190S).
Be it enacted by the Governor, the Legislative Council and House of
Assembly, in Legislative Session convened, as follows: —
1. Any Justice of the Peace, Sub-collector, Preventive OflScer,
Fishery Warden or Constable, may go on board any foreign fishing vessel
being within any port on the coasts of this Island, or hovering in British
waters within three marine miles of any of the coasts, ba3rs, creeks or
harbours in this Island, and may bring such foreign fishing vessel into
port, may search her cargo and may examine the master upon oath
touching the cargo and voyage; and the master or person in command
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OFFICIAL DOCUMSNTS 23
shall answer truly such questions as shall be put to him under a penalty
not exceeding five hundred dollars. And if such foreign fishing vessel
has on board any herring, caplin, squid, or other bait fishes, ice, lines,
seines, or other outfits or supplies for the fishery, purchased within any
port on the coasts of this Island or within the distance of three marine
miles from any of the coasts, bays, creeks, or harbours of this Island,
or if the master of the said vessel shall have engaged, or attempted to
engage, any person to form part of the crew of the said vessel in any port
or on any part of the coasts of this Island, or has entered such waters Jor
any purpose not permitted by treaty or convention for the time being
in force, such vessel and the tackle, rigging, apparel, furniture, stores
and cargo thereof shall be forfeited.
2. All goods and vessels, and the tackle, rigging, apparel, furniture,
stores and cargo thereof, liable to forfeiture under this Act, may be
seized and secured by any officer or person mentioned in the first section
hereof, and every person opposing any such officer or person in the
execution of his duty under this Act, or aiding or abetting any other
person in such opposition, shall be deemed guilty of a misdemeanour and
liable to a fine of five hundred dollars.
3. In any prosecution imder this Act, the presence on board any
foreign fishing vessel in any port of this Island, or within British waters
aforesaid, of any caplin, squid, or other bait fishes, of ice, lines, seines,
or other outfit or supplies for the fishery, shall be prima facie evidence
of the purchase of the said bait fishes and supplies and outfits within
such port or waters.
4. All offenders against the provisions of this Act may be prosecuted
and convicted, and all fines, forfeitures, penalties, and other punishments
imposed, recovered and made in a summaiy manner before a Stipendiary
Magistrate, and any vessel, and the tackle, rigging, apparel, furnitu<-e,
stores and cargo thereof liable to forfeiture under the provisions of this
Act, may be sued for, prosecuted, recovered and condemned in a sum-
mary manner before a Stipendiary Magistrate in a proceeding against
the master or other person in charge of such vessel. For the purposes
of this Act, all Stipendiary Magistrates shall be deemed to be Stipendiary
Magistrates for the Colony, and may exercise the jurisdiction given by
this Act in any part of the Colony.
5. If any person convicted under this Act shall feel himself aggrieved
by such conviction, he may appeal therefrom to the then next sitting of
His Majesty's Supreme Court, holden in or nearest the place where such
conviction shall have been had, or in St. John's: Provided notice of
such appeal, and of the cause and matter thereof, be given to the con-
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24 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
victing Magistrate, in writing, within seven days next after such con-
viction, and the party desiring to appeal shall also, within fourteen days
after such notice, give and enter into recognizance with two approved
sureties before the convicting Magistrate, conditioned for the appear-
ance of the person convicted at such next sitting of the Supreme Court,
on the first day of such sitting, for the prosecution of the appeal with
effect and without delay, to abide the judgment of the Court thereon,
and for the delivery and surrender of any vessel or other property ordered
to be confiscated, and to pay such costs as the Court may award.
6. No proceeding or conviction by, nor order of, any Magistrate or
other oflScer under this Act, shall be quashed or set aside for any inform-
ality; provided the same shall be substantially in accordance with the
intent and meaning of this Act.
7. Nothing in this Act shall affect the rights and privileges granted
by Treaty to the subjects of any State in amity with His Majesty.
8. The Governor in Coimcil may at any time, by proclamation, sus-
pend the operation of this Act for such period as may be expedient and
as shall be declared in such proclamation.
y^Q. In this Act the word "vessel" shall include any boat or ship
registered or not registered, jack, skiff, punt or laimch, whether pro-
pelled by sails, oars or steam.
10. The Act 56 Vic, cap. 6, entitled "An Act respecting Foreign
Fishing Vessels," is hereby repealed.
An Ad of Newfoundland respecting Foreign Fishing Vessels.
{Passed 10th May, 1906,)
Be it enacted by the Governor, the Legislative Council and House of
Assembly, in Legislative Session convened, as follows: —
1. Any Justice of the Peace, Sub-Collector, Preventive OflScer, Fish-
ery Warden or Constable, may go on board any foreign fishing vessel
being within any port on the coasts of this Colony, or hovering in British
waters within three marine miles of any of the coasts, bays, creeks or
harbours in this Colony, and may bring such foreign fishing vessel into
port, may search her cargo, and may examine the master upon oath
touching the cargo and voyage, and the master or person in command
shall answer truly such questions as shall be put to him, imder a penalty
not exceeding five himdred dollars.
2. If any foreign fishing vessel be found within any port on the
coasts of this Colony, or hovering in British waters within three marine
miles of any of the coasts, bayB, creeks, or harbours in this Colony, and
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OFFICIAL I.HK I .VTNTS 25
having on board any herring, caplin, squid, or other bait fishes, ice,
lines, seines, or other outfits or supplies for the fishery, f)urchased within
any port on the coasts of this Colony or within the distance of three
marine miles from any of the coasts, bays, creeks, or harbours of this
Colony; or if the master, owner or agent of the said vessel shall have
engaged, or attempted to engage, any person to form part of the crew
of the said vessel in any port, or on any part of the coasts of this Colony,
or has entered such waters for any purpose not permitted by treaty or
convention for the time being in force, the master, owner or agent shall
be liable to a penalty not exceeding one himdred dollars, or such vessel
and the tackle, rigging, apparel, furniture, stores and cargo thereof shall
be forfeited, as the magistrate before whom the proceeding is taken shall
determine.
3. All goods and vessels, and the tackle, rigging, apparel, furniture,
stores and cargo thereof, liable to forfeiture imder this Act, may be
seized and secured by any officer or person mentioned in the first section
hereof, and every person opposing any such oflScer or person in the exe-
cution of his duty imder this Act, or aiding or abetting any other person
in such opposition, shall be deemed guilty of a misdemeanor and liable
to a fine of five hundred dollars.
4. In any prosecution under this Act, the presence on board any
foreign fishing vessel in any port of this Colony, or within British waters
aforesaid, of any caplin, squid, or other bait fishes, of ice, lines, seines, or
other outfit or supplies for the fishery, shall be prima facie evidence of
the purchase of the said bait fishes and supplies and outfits within such
port or waters.
5. No alien, not so entitled by treaty or convention for the time being
in force, shall fish in the waters of this Colony; and the master, owner,
or agent of any fishing vessel who permits any alien not so entitled to
fish in, from, or for such vessel, shall be liable to a penalty not exceed-
ing one hundred dollars, or to the forfeiture of such vessel, as the magis-
trate shall determine.
6. No person, being a British subject, shall fish in, from, or for a
foreign fishing vessel in the waters of this Colony, and the master, owner,
or agent of any foreign fishing vessel who permits any such British sub-
ject to fish in, for, or from such vessel, shall be liable to a penalty not
exceeding one hundred dollars, or to the forfeiture of such vessel, as the
magistrate shall determine.
7. No person, being a resident of this Colony, shall leave this Colony
for the purpose of engaging in foreign fishing vessels which are fishing or
intending to fish in the waters of this Colony, imder a penalty not exceed-
ing one himdred dollars.
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26 THE AMBBICAN JOUHNAL OF INTERNATIONAL LAW
8. No person, being a resident of this Colony, shall sell, let, hire,
lend or remove^from this Colony, for the purpose of selling, letting,
hiring, or lending to a master, owner, or agent of any foreign fishing
vessel any boats, nets, or gear, under a penalty not exceeding one hun-
dred dollars; nor shall the master, owner or agent of any foreign fishing
vessel buy, hire, or borrow, in any port or place in this Colony, or in the
waters of this Colony, any boats, nets, or fishing gear, from any person
resident in this Colony, under a penalty for each offence not exceeding
one hundred dollars.
9. The master of any vessel who conveys any person resident in the
Colony outside the waters of this Colony, for the purpose of enabling
such person to be engaged on board any foreign fishing vessel, shall be
liable to a penalty not exceeding one hundred dollars.
10. All offenders against the provisions of this Act may be prosecuted
and convicted, and all fines, forfeitures, penalties, and other punish-
ments imposed, recovered and made in a summary manner before a
Stipendiary Magistrate; and any vessel, and the tackle, rigging, apparel,
furniture, stores and cargo thereof, liable to forfeiture under the pro-
visions of this Act, may be sued for, prosecuted, recovered and condenmed
in a summary manner before a Stipendiary Magistrate in a proceeding
against the master or other person in charge of such vessel. For the
purposes of this Act all Stipendiary Magistrates shall be deemed to be
Stipendiary Magistrates for the Colony, and may exercise the jurisdic-
tion given by this Act in any part of the Colony.
11. If any person convicted under this Act shall feel himself
aggrieved by such conviction, he may appeal therefrom to the then next
sitting of His Majesty's Supreme Court, holden in or nearest the place
where such conviction shall have been had, or in St. John's: Provided
notice of such appeal, and of the cause and matter thereof, be given to
the convicting magistrate in writing within seven dayB next after such
conviction, and the party desiring to appeal shall also, within fourteen
dayB after such notice, give and enter into recognizance, with two
approved sureties, before the convicting magistrate, conditioned for the
appearance of the person convicted at such next sitting of the Supreme
Court, on the first day of such sitting, for the prosecution of the appeal
with effect and without delay, to abide the judgment of the Court thereon,
and for the delivery and surrender of any vessel or other property
ordered to be confiscated, and to pay such costs as the Court may
award.
12. No proceeding or conviction by, nor order of, any Magistrate or
other officer under this Act shall be quashed or set aside for any inform-
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OFFICIAL DOCUMENTS 27
ality; provided the same shall be substantially in accordance with the
intent and meaning of this Act.
13. All foreign fishing vessels exercising rights under any treaty or
convention shall be amenable to all the laws of the Colony not incon-
sistent with any such rights under treaty or convention.
14. Nothing in this Act shall affect the rights and privileges granted
by treaty to the subjects of any State in amity with His Majesty; and
sections 1 and 4 hereof shall not be held to apply to any foreign fishing
vessels resorting to the waters of this Colony for the exercise of treaty
rights.
15. The Governor in Council may at any time by proclamation sus-
pend or limit the operation of this Act, as to the whole Act or any part
thereof, and in relation to the whole Colony, or any district or parts
thereof, and as to all or any classes of persons, and for any period as
shall be expedient and as may be declared in such proclamation.
16. In this Act the word "vessel" shall include any boat or ship,
registered or not registered, jack, skiff, pimt, or launch, whether pro-
pelled by sails, oars or steam.
17. The Act 5, Ed. VII., cap. 4, entitled "An Act respecting Foreign
Fishing Vessels," is hereby repealed.
18. This Act shall come into operation upon a day to be appointed
for that purpose, by proclamation of the Governor, to the effect that
the same has be^i approved and confirmed by His Majesty in Council.
Modus Vivendi Between the United States and Great Britain in Regard to
Inshore Fisheries on the Treaty Coast of Newfoundland,
AGREEMENT EFFECTED BY EXCHANGE OF NOTES AT LONDON OCT. 6-8, 1906.
The American Ambassador to the British Foreign Office,
American Embassy, London, October 6th, 1906,
Sir, I am authorized by my Government to ratify a modus vivendi
in regard to the Newfoundland Fishery Question on the basis of the
Foreign Office Memorandum, dated the 25th of September, 1906, in
which you accept the arrangement set out in my Memorandum of the
12th of September and consent accordingly to the use of purse seines
by American fishermen during the ensuing season, subject of course to
due regard being paid in the use of such implements to other modes of
fishery, which, as you state, is only intended to secure that there shall
be the same spirit of give and take and of respect for common rights
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28 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
between the users of purse seines and the users of stationary nets as would
be expected to exist if both sets of fishermen employed the same gear.
My Government imderstand by this that the use of purse seines by
American fishermen is not to be interfered with, and that the shipment
of Newfoundlanders by American fishermen outside the 3 mile limit is
not to be made the basis of interference or to be penalized; at the same
time they are glad to assure His Majesty's Government, should such
shipments be foimd necessary, that they will be made far enough from
the exact 3 mile limit to avoid any reasonable doubt.
On the other hand it is also understood that our fishermen are to be
advised by my Government, and to agree, not to fish on Sunday.
It is further understood that His Majesty's Government will not bring
into force the Newfoundland Foreign Fishing Vessels Act of 1906 which
imposes on American fishing vessels certain restrictions in addition to
those imposed by the Act of 1905, and also that the provisions of the
first part of Section I of the Act of 1905, as to boarding and bringing into
port, and also the whole of Section 3 of the same Act, will not be regarded
as applying to American fishing vessels.
It also being understood that our fishermen will gladly pay light dues
if they are not deprived of their rights to fish, and that our fishermen
are not unwilling to comply with the provisions of the Colonial Customs
Law as to reporting at a custom house when physically possible to do so.
I need not add that my Government are most anxious that the pro-
visions of the modiLS Vivendi should be made effective at the earliest
possible moment. I am glad to be assured by you that this note will
be considered as sufficient ratification of the modus vivendi, on the part
of my Government.
I have the honour to be, with the highest consideration, Sir,
Your most obedient, humble Servant,
Whitelaw Rbid.
The Right Honble. Sir Edward Grey, Bt.,
Etc. Etc. Etc.
The British Foreign Office to the American Ambassador.
No. 34002.] Foreign Office, October 8th, 1906.
Your Excellency, I have received with satisfaction the note of
the 6th instant in which Your Excellency states that you have been
authorized by your Government to ratify a modvLS vivendi in regard to
the Newfoundland Fishery Question on the basis of the Memorandum
which I had the honour to communicate to you on the 25th ultimo, and
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OFFICIAL DOCUMENTS 29
I am glad to assure Your Excellency that the note in question will be
considered by His Majesty's Government as a sufficient ratification of
that arrangement on the part of the United States Government.
His Majesty's Government fully share the desire of your Government
that the provisions of the modus Vivendi should be made effective at
the earliest moment possible and the necessary instructions for its observ-
ance were accordingly sent to the Government of Newfoundland immedi-
ately on receipt of Your Excellency's communication.
I have the honour to be, with the highest Consideiation,
Your Excellency's most obedient, humble Servant,
(In the absence of the Secretary of State)
E. GORST.
His Excellency the Honourable Whitelaw Reid,
Etc. Etc. Etc.
MEMORANDUM.
My Government hears with the greatest concern and regret that in the
opinion of His Majesty's Government there is so wide a divergence of
views with regard to the Newfoundland Fisheries that an immediate
settlement is hopeless.
But it is much gratified with His Majesty's Government's desire to
reach a modus vivendi for this season, and appreciates the readiness to
waive the Foreign Fishing Vessels Act of 1906. This and other restric-
tive legislation had compelled our fishermen to use purse seines or
abandon their treaty rights.
My Government sees in the offer not to apply Section 3, Act of 1905
and that part of Section 1 relating to boarding fishing vessels and bring-
ing them into port fresh proof of a cordial disposition not to press unduly
this kind of regulation.
Our fishermen will also gladly pay light dues, if not hindered in their
right to fish. They are not imwilling either, to comply with the regu-
lation to report at Custom Houses, when possible. It is sometimes
physically impossible, however, to break through the ice for that pur-
pose.
Most unfortunately the remaining proposals, those as to purse-seining
and Sunday fishing, present very grave difficulties.
We appreciate perfectly the desire of His Majesty's Government to
prevent Sunday fishing. But if both this and purse-seine fishing are
taken away, as things stand there might be no opportunity for profitable
fishing left imder our treaty rights. We are convinced that purse seines
are no more injurious to the common fishery than the gill nets commonly
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30 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
used — are not in fact so destructive and do not tend to change the migra-
tory course of the herring as gill nets do, through the death of a large
percentage of the catch and consequent pollution of the water.
The small amount of purse-seining this season could not of course
materially affect the common fishery anyway. Besides many of our
fishermen have already sailed, with purse seines as usual, and the others
are already provided with them. This use of the purse seine was not
the free choice of our fishermen. They have been driven to it by local
regulations and the continued use of it at this late date this year seems
vital.
But we will renounce Simday fishing for this season if His Majesty's
Government will consent to the use of purse seines, and we cannot too
too strongly urge an acceptance of this solution.
American Embassy, London.
September^ 12, 1906.
(32335) memorandum.
His Majesty's Government have considered, after consultation with
the Government of Newfoimdland, the proposals put forward in the
Memorandum communicated by the United States Ambassador on the
12th instant, respecting the suggested "modus vivendi" in regard to
the Newfoundland Fishery question.
They are glad to be able to state that they accept the arrangement
set out in the above Memorandum and consent accordingly to the use of
purse seines by United States fishermen during the ensuing season,
subject, of course, to due regard being paid, in the use of such imple-
ments, to other modes of fishery.
His Majesty's Government trust that the United States Government
will raise no objection to such a stipulation, which is only intended to
secure that there shall be the same spirit of give and take and of respect
of common rights between the users of purse seines and the users of
stationary nets as would be expected to exist if both sets of fishermen
employed the same gear.
They further hope that, in view of this temporary authorization of
the piirse seines, the United States Government will see their way to
arranging that the practice of engaging Newfoundland fishermen just
outside the three mile limit which to some extent prevailed last year
should not be resorted to this year.
An arrangement to this effect would save both His Majesty's Govern-
ment and the Newfoundland Government from embarrassment which
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OFFICIAL DOCUMENTS 31
it is conceived, having regard to the circumstances in which the "modus
Vivendi" is being settled, the United States Government would not
willingly impose upon them. Moreover it is not in itself unreasonable,
seeing that the unwillingness of the United States Government to forego
the use of purse seines appears to be largely based upon the inability
of their fishermen to engage local men to work the form of net recog-
nized by the Colonial fishery regulations.
The United States Government assured His Majesty's late Govern-
ment in November last that they would not countenance a specified
evasion of the Newfoundland Foreign Fishing Vessels Act 1905, and
the proposed arrangement would appear to be in accordance with the
spirit which prompted that assurance.
Foreign Office,
September 26, 1906.
An Act to Establish a Bureau of Immigration and Naiuralizaiion, and to
provide for a uniform rule for the naturalization of aliens throughout
the United States. Approved June B9, 1906.
[Stat. 1905^, Part I, p. 596.]
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled^ That the designation of the
Bureau of Immigration in the Department of Commerce and Labor is
hereby changed to the "Bureau of Immigration and Naturalization,"
which said Bureau, under the direction and control of the Secretary of
Commerce and Labor, in addition to the duties now provided by law,
shall have charge of all matters concerning the natuialization of aliens.
That it shall be the duty of the said Bureau to provide, for use at the
various immigration stations throughout the United States, books of
record, wherein the commissioners of immigration shall cause a registry
to be made in the case of each alien arriving in the United States from
and after the passage of this Act of the name, age, occupation, personal
description (including height, complexion, color of hair and eyes), the
place of birth, the last residence, the intended place of residence in the
United States, and the date of arrival of said alien, and, if entered
through a port, the name of the vessel in which he comes. And it
shall be the duty of said commissioners of immigration to cause to be
granted to such alien a certificate of such registry, with the particulars
thereof.
Sec. 2. That the Secretary of Commerce and Labor shall provide the
said Bureau with such additional fimiished offices within the city of
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32 THE AMERICAN JOXniNAL OP INTERNATIONAL LAW
Washington, such books of record and facilities, and such additional
assistants, clerks, stenographers, typewriters, and other employees as
may be necessary for the proper discharge of the duties imposed by this
Act upon such Bureau, fixing the compensation of such additional
employees imtil July first, nineteen himdred and seven, within the
appropriations made for that purpose.
Sec. 3. That exclusive jurisdiction to naturalize aliens as citizens of
the United States is hereby conferred upon the following specified courts:
United States circuit and district courts now existing, or which may
hereafter be established by Congress in any State, United States dis-
trict courts for the Territories of Arizona, New Mexico, Oklahoma,
Hawaii, and Alaska, the supreme court of the District of Columbia, and
the United States courts for the Indian Territory; also all courts of record
in any State or Territory now existing, or which may hereafter be created,
having a seal, a clerk, and jurisdiction in actions at law or equity, or
law and equity, in which the amount in controversy is unlimited.
That the naturalization jurisdiction of all courts herein specified,
State, Territorial, and Federal, shall extend only to aliens resident within
the respective judicial districts of such courts.
The courts herein specified shall, upon the requisition of the clerks
of such courts, be furnished from time to time by the Bureau of Immi-
gration and Naturalization with such blank forms as may be required
in the naturalization of aliens, and all certificates of naturalization shall
be consecutively numbered and printed on safety paper furnished by
said Bureau.
Sec. 4. That an alien may be admitted to become a citizen of the
United States in the following manner and not otherwise:
First. He shall declare on oath before the clerk of any court author-
ized by this Act to naturalize aliens, or his authorized deputy, in the
district in which such alien resides, two years at least prior to his admis-
sion, and after he has reached the age of eighteen years, that it is bona
fide his intention to become a citizen of the United States, and to
renounce forever all allegiance and fidelity to any foreign prince, poten-
tate, state, or sovereignty, and particularly, by name, to the prince,
potentate, state, or sovereignty of which the alien may be at the time
a citizen or subject. And such declaration shall set forth the name;
age, occupation, personal description, place of birth, last foreign resi-
dence and allegiance, the date of arrival, the name of the vessel, if any,
in which he came to the United States, and the present place of resi-
dence in the United States of said alien: Provided, however. That no
alien who, in conformity with the law in force at the date of his declara-
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OFFICIAL DOCUMENTS 33
tion, has declared his intention to become a citizen of the United States
shall be required to renew such declaration.
Second. Not less than two years nor more than seven years after he
has made such declaration of intention he shall make and file, in dupli-
cate, a petition in writing, signed by the applicant in his own hand-
writing and duly verified, in which petition such applicant shall state
his full name, his place of residence (by street and number, if possible),
his occupation, and, if possible, the date and place of his birth; the
place from which he emigrated, and the date and place of his arrival
in the United States, and, if he entered through a port, the name of
the vessel on which he arrived; the time when and the place and name
of the court where he declared his intention to become a citizen of the
United States; if he is married he shall state the name of his wife and,
if possible, the country of her nativity and her place of residence at
the time of filing his petition; and if he has children, the name, date,
and place of birth and place of residence of each child living at the time
of the filing of his petition: Provided, That if he has filed his declara-
tion before the passage of this Act he shall not be requued to sign the
petition in his own handwriting.
The petition shall set forth that he is not a disbeliever in or opposed
to organized government, or a member of or affiliated with any organi-
zation or body of persons teaching disbelief in or opposed to organized
government, a polygamist or believer in the practice of polygamy, and
that it is his intention to become a citizen of the United States and to
renounce absolutely and forever all allegiance and fidelity to any foreign
prince, potentate, state, or sovereignty, and particularly by name to the
prince, potentate, state, or sovereignty of which he at the time of filing
of his petition may be a citizen or subject, and that it is his intention
to reside permanently within the United States, and whether or not he
has been denied admission as a citizen of the United States, and, if
denied, the ground or grounds of such denial, the court or courts in
which such decision was rendered, and that the cause for such denial
has since been cured or removed, and every fact material to his natural-
ization and required to be proved upon the final hearing of his appli-
cation.
The petition shall also be verified by the afiidavits of at least two
credible witnesses, who are citizens of the United States, and who
shall state in their affidavits that they have personally known the appli-
cant to be a resident of the United States for a period of at least five
years continuously, and of the State, Territory, or distiict in which
the application is made for a period of at least one year immediately
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34 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
preceding the date of the filing of his petition, and that they each have
personal knowledge that the petitioner is a person of good moral char-
acter, and that he is in every way qualified, in their opinion, to be
admitted as a citizen of the United States.
At the time of filing his petition there shall be filed with the clerk
of the court a certificate from the Department of Commerce and Labor,
if the petitioner arrives in the United States after the passage of this
Act, stating the date, place, and manner of his arrival in the United
States, and the declaration of intention of such petitioner, which cer-
tificate and declaration shall be attached to and made a part of said
petition.
Third. He shall, before he is admitted to citizenship, declare on oath
in open court that he will support the Constitution of the United States,
and that he absolutely and entirely renounces and abjures all allegiance
and fidelity to any foreign prince, potentate, state, or sovereignty, and
particularly by name to the prince, potentate, state, or sovereignty of
which he was before a citizen or subject; that he will support and defend
the Constitution and laws of the United States against all enemies,
foreign and domestic, and bear true faith and allegiance to the same.
Fourth. It shall be made to appear to the satisfaction of the court
admitting any alien to citizenship that immediately preceding the date
of his application he has resided continuously within the United States
five years at least, and within the State or Territory where such court
is at the time held one year at least, and that during that time he has
behaved as a man of good moral character, attached to the principles
of the Constitution of the United States, and well disposed to the good
order and happiness of the same. In addition to the oath of the appli-
cant, the testimony of at least two witnesses, citizens of the United
States, as to the facts of residence, moral character, and attachment to
the principles of the Constitution shall be required, and the name,
place of residence, and occupation of each witness shall be set forth in
the record.
Fifth. In case the alien applying to be admitted to citizenship has
borne any hereditary title, or has been of an> of the orders of nobility
in the kingdom or state from which he came, he shall, in addition to
the above requisites, make an express renunciation of his title or order
of nobility in the court to which his application is made, and his renim-
ciation shall be recorded in the court.
Sixth. When any alien who has declared his intention to become a
citizen of the United States dies before he is actually naturalized the
widow and minor children of such alien may, by complying with the
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OFFICIAL DOCUMENTS 36
other provisions of this Act, be naturalized without making any declara-
tion of intention.
Sec. 5. That the clerk of the court shall, immediately after filing
the petition, give notice thereof by posting in a public and conspicuous
place in his office, or in the building in which his office is situated, under
an appropriate heading, the name, nativity, and residence of the alien,
the date and place of his arrival in the United States, and the date,
as nearly as may be, for the final hearing of his petition, and the names
of the witnesses whom the applicant expects to summon in his behalf;
and the clerk shall, if the applicant requests it, issue a subpoena for
the witnesses so named by the said appUcant to appear upon the day
set for the final hearing, but in case such witnesses cannot be produced
upon the final hearing other witnesses may be summoned.
Sec. 6. That petitions for naturalization may be made and filed dur-
ing term time or vacation of the court and shall be docketed the same
day as filed, but final action thereon shall be had only on stated days, to
be fixed by rule of the court, and in no case shall final action be had upon
a petition until at least ninety days have elapsed after filing and posting
the notice of such petition : Provided, That no person shall be naturalized
nor shall any certificate of naturalization be issued by any court within
thirty days preceding the holding of any general election within its
territorial jurisdiction. It shall be lawful, at the time and as a part of
the naturalization of any alien, for the court, in its discretion, upon the
petition of such alien, to make a decree changing the name of said alien,
and his certificate of naturalization shall be issued to him in accordance
therewith.
Sec. 7. That no person who disbelieves in or who is opposed to
organized government, or who is a member of or affiliated with any
organization entertaining and teaching such disbelief in or opposition
to organized government, or who advocates or teaches the duty, neces-
sity, or propriety of the unlawful assaultiag or killing of any officer or
officers, either of specific individuals or of officers generally, of the Gov-
ernment of the United States, or of any other organized government,
because of his or their official character, or who is a polygamist, shall be
naturalized or be made a citizen of the United States.
Sec. 8. That no alien shall hereafter be naturalized or admitted as
a citizen of the United States who can not speak the English language:
Provided, That this requirement shall not apply to aliens who are physi-
cally imable to comply therewith, if they are otherwise qualified to
become citizens of the United States: And provided further, That the
requirements of this section shall not apply to any alien who has prior
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36 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
to the passage of this Act declared his intention to become a citizen of
the United States in conformity with the law in force at the date of
making such declaration: Provided further^ That the requirements of
section eight shall not apply to aliens who shall hereafter declare their
intention to become citizens and who shall make homestead entries
upon the public lands of the United States and comply in all respects
with the laws providing for homestead entries on such lands.
Sec. 9. That every final hearing upon such petition shall be had in
open court before a judge or judges thereof, and every final order which
may be made upon such petition shall be under the hand of the court
and entered in full upon a record kept for that purpose, and upon such
final hearing of such petition the applicant and witnesses shall be exam-
ined imder oath before the court and in the presence of the court.
Sec. 10. That in case the petitioner has not resided in the State,
Territory, or district for a period of five years continuously and imme-
diately preceding the filing of his petition he may establish by two
witnesses, both in his petition and at the hearing, the time of his resi-
dence within the State, provided that it has been for more than one year,
and the remaining portion of his five years' residence within the United
States required by law to be established may be proved by the deposi-
tions of two or more witnesses who are citizens of the United States, upon
notice to the Bureau of Immigration and Naturalization and the United
States attorney for the district in which said witnesses may reside.
Sec. 11. That the United States shall have the right to appear before
any court or courts exercising jurisdiction in naturalization proceedings
for the purpose of cross-examining the petitioner and the witnesses
produced in support of his petition concerning any matter touching or
in any way affecting his light to admission to citizenship, and shall
have the right to call witnesses, produce evidence, and be heard in
opposition to the granting of any petition in naturalization proceedings.
Sec. 12. That it is hereby made the duty of the clerk of each and
every court exercising jurisdiction in naturalization matters imder the
provisions of this Act to keep and file a duplicate of each declaration
of intention made before him and to send to the Bureau of Immigra-
tion and Naturalization at Washington, within thirty days after the
issuance of a certificate of citizenship, a duplicate of such certificate,
and to make and keep on file in his office a stub for each certificate so
issued by him, whereon shall be entered a memorandum of all the essential
facts set forth in such certificate. It shall also be the duty of the clerk
of each of said courts to report to the said Biu^au, within thirty dayB
after the final hearing and decision of the court, the name of each and
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OFFICIAL DOCUMENTS 37
every alien who shall be denied naturalization, and to furnish to said
Bureau duplicates of all petitions within thirty da>s after the filing of
the same, and certified copies of such other proceedings and orders
instituted in or issued out of said court affecting or relating to the natur-
alization of aliens as may be required from time to time by the said
Bureau.
In case any such clerk or officer acting \mder his direction shall refuse
or neglect to comply with any of the foregoing provisions he shall for-
feit and pay to the United States the sum of twenty-five dollars in each
and every case in which such violation or omission occurs, and the
amoimt of such forfeiture may be recovered by the United States in
an action of debt against such clerk.
Clerks of courts having and exercising jurisdiction in naturalization
matters shall be responsible for all blank certificates of citizenship
received by them from time to time from the Bureau of Immigration
and Naturalization, and shall account for the same to the said Bureau
whenever required so to do by such Bureau. No certificate of citizen-
ship received by any such clerk which may be defaced or injured in
such maimer as to prevent its use as herein provided shall in any case
be destroyed, but such certificate shall be returned to the said Bureau;
and in case any such clerk shall fail to return or properly accoimt for
any certificate furnished by the said Bureau, as herein provided, he
shall be liable to the United States in the sum of fifty dollars, to be
recovered in an action of debt, for each and every certificate not properly
accoimted for or returned.
Sec. 13. That the clerk of each and every court exercising jurisdic-
tion in naturalization cases shall charge, collect, and accoimt for the
following fees in each proceeding:
For receiving and filing a declaration of intention and issuing a
duplicate thereof, one dollar.
For making, filing, and docketing the petition of an alien for admis-
sion as a citizen of the United States and for the final hearing thereon,
two dollars; and for entering the final order and the issuance of the cer-
tificate of citizenship thereimder, if granted, two dollars.
The clerk of any court collecting such fees is hereby authorized to
retain one-half of the fees collected by him in such naturalization pro-
ceeding; the remaining one-half of the naturalization fees in each case
collected by such clerks, respectively, shall be accounted for in their
quarterly accoimts, which they are hereby required to render the Bureau
of Immigration and Naturalization, and paid over to such Bureau within
thirty dajrs from the close of each quarter in each and every fiscal year,
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38 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
and the moneys so received shall be paid over to the disbursing clerk
of the Department of Commerce and Labor, who shall thereupon deposit
them in the Treasury of the United States, rendering an account therefor
quarterly to the Auditor for the State and other Departments, and the
said disbursing clerk shall be held responsible imder his bond for said
fees so received.
In addition to the fees herein required, the petitioner shall, upon the
filing of his petition to become a citizen of the United States, deposit
with and pay to the clerk of the court a sum of money suflScient to
cover the expenses of subpoenaing and paying the legal fees of any
witnesses for whom he may request a subpoena, and upon the final dis-
charge of such witnesses they shall receive, if they demand the same
from the clerk, the cxistomary and usual witness fees from the moneys
which the petitioner shall have paid to such clerk for such purpose, and
the residue, if any, shall be returned by the clerk to the petitioner:
Provided, That the clerks of courts exercising jurisdiction in naturali-
zation proceedings shall be permitted to retain one-half of the fees in
any fiscal year up to the sum of three thousand dollars, and that all fees
received by such clerks in naturalization proceedings in excess of such
amoimt shall be accotmted for and paid over to said Bureau as in case of
other fees to which the United States may be entitled under the provi-
sions of this Act. The clerks of the various courts exercising jurisdic-
tion in naturalization proceedings shall pay all additional clerical force
that may be required in performing the duties imposed by this Act upon
the clerks of courts from fees received by such clerks in naturaUzation
proceedings. And in case the clerk of any court collects fees in excess
of the sum of six thousand dollars in any one year, the Secretary of Com-
merce and Labor may allow to such clerk from the money which the
United States shall receive additional compensation for the employ-
ment of additional clerical assistance, but for no other purpose, if in the
opinion of the said Secretary the business of such clerk warrants such
allowance.
Sec. 14. That the declarations of intention and the petitions for
naturalization shall be bound in chronological order in separate vol-
umes, indexed, consecutively numbered, and made part of the records
of the court. Each certificate of naturalization issued shall bear upon
its face, in a place prepared therefor, the volume number and page
number of the petition whereon such certificate was issued, and the
volume number and page number of the stub of such certificate.
Sec. 15. That it shall be the duty of the United States district attor-
neys for the respective districts, upon affidavit showing good cause
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OFFICIAL DOCUMENTS 39
therefor, to institute proceedings in any court having jurisdiction to
naturalize aliens in the judicial district in which the naturalized citizen
may reside at the time of bringing the suit, for the purpose of setting
aside and canceling the certificate of citizenship on the ground of fraud
or on the ground that such certificate of citizenship was illegally pro-
cured. In any such proceedings the party holding the certificate of
citizenship alleged to have been fraudently or illegally procured shall
have sixty days personal notice in which to make answer to the petition
of the United States; and if the holder of such certificate be absent
from the United States or from the district in which he last had his
residence, such notice shall be given by publication in the maimer pro-
vided for the service of summons by publication or upon absentees by
the laws of the State or the place where such suit is brought.
If any alien who shall have secured a certificate of citizenship under
the provisions of this Act shall, within five years after the issuance of
such certificate, return to the country of his nativity, or go to any other
foreign country, and take permanent residence therein, it shall be con-
sidered prima facie evidence of a lack of intention on the part of such
alien to become a permanent citizen of the United States at the time
of filing his application for citizenship, and, in the absence of coimter-
vailing evidence, it shall be suflScient in the proper proceeding to author-
ize the cancellation of his certificate of citizenship as fraudulent, and
the diplomatic and consular officers of the United States in foreign
countries shall from time to time, through the Department of State,
furnish the Department of Justice with the names of those within their
respective jurisdictions who have such certificates of citizenship and
who have taken permanent residence in the country of their nativity,
or in any other foreign country, and such statements, duly certified,
shall be admissible in evidence in all courts in proceedings to cancel
certificates of citizenship.
Whenever any certificate of citizenship shall be set aside or can-
celed, as herein provided, the court in which such judgment or decree
is rendered shall make an order canceling such certificate of citizen-
ship and shall send a certified copy of such order to the Bureau of Immi-
gration and Naturalization; and in case such certificate was not origi-
nally issued by the court making such order it shall direct the clerk of
the court to transmit a copy of such order and judgment to the court
out of which such certificate of citizenship shall have been originally
issued. And it shall thereupon be the duty of the clerk of the court
receiving such certified copy of the order and judgment of the court
to enter the same of record and to cancel such original certificate of,
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40 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
citizenship upon the records and to notify the Bureau of Immigration
and Naturalization of such cancellation.
The provisions of this section shall apply not only to certificates of
citizenship issued under the provisions of this Act, but to all certificates
of citizenship which may have been issued heretofore by any court
exercising jurisdiction in naturalization proceedings under prior laws.
Sec. 16. That every person who falsely makes, forges, coimterfeits,
or causes or procures to be falsely made, forged, or counterfeited, or
knowingly aids or assists in falsely making, forging, or counterfeiting
any certificate of citizenship, with intent to use the same, or with the
intent that the same may be used by some other person or persons,
shall be guilty of a felony, and a person convicted of such offenoe shall
be punished by imprisonment for not more than ten years, or by a
fine of not more than ten thousand dollars, or by both such fine and
imprisonment.
Sec. 17. That every person who engraves or causes or procures to
be engraved, or assists in engraving, any plate in the likeness of any
plate designed for the printing of a certificate of citizenship, or who
sells any such plate, or who brings into the United States from any
foreign place any such plate, except under the direction of the Secre-
tary of Commerce and Labor, or other proper officer, and any person
who has in his control, custody, or possession any metallic plate engraved
after the similitude of any plate from which any such certificate has
been printed, with intent to use such plate or suffer the same to be used
in forging or counterfeiting any such certificate or any part thereof;
and every person who prints, photographs, or in any other manner
causes to be printed, photographed, made or executed, any print or
impression in the likeness of any such certificate, or any part thereof,
or who sells any such certificate, or brings the same into the United
States from any foreign place, except by direction of some proper officer
of the United States, or who has in his possession a distinctive paper
which has been adopted by the proper oflBcer of the United States for
the printing of such certificate, with intent to unlawfully use the same,
shall be pimished by a fine of not more than ten thousand dollars, or
by imprisonment at hard labor for not more than ten years, or by both
such fine and imprisonment.
Sec. 18. That it is hereby made a felony for any clerk or other per-
son to issue or be a party to the issuance of a certificate of citizenship
contrary to the provisions of this Act, except upon a final order under
the hand of a court having jurisdictionto make such order, and upon con-
viction thereof such clerk or other person shall be pimished by imprison-
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OFFICIAL DOCUMENTS 41
ment for not more than five years and by a fine of not more than five
thousand dollars, in the discretion of the court.
Sec. 19. That every person who without lawful excuse is possessed
of any blank certificate of citizenship provided by the Bureau of Immi-
gration and Naturalization, with intent unlawfully to use the same,
shall be imprisoned at hard labor not more than five years or be fined
not more than one thousand dollars.
Sec. 20. That any clerk or other oflScer of a court having power
under this Act to naturalize aliens, who willfully neglects to render true
accounts of moneys received by him for naturalization proceedings or
who willfully neglects to pay over any balance of such moneys due to
the United States within thirty days after said payment shall become
due and demand therefor has been made and refused, shall be deemed
guilty of embezzlement of the public moneys, and shall be pimishable
by imprisonment for not more than five years, or by a fine of not more
than five thousand dollars, or both.
Sec. 21. That it shall be unlawful for any clerk of any court or his
authorized deputy or assistant exercising jurisdiction in naturalization
proceedings, or to demand, charge, collect, or receive any other or addi-
tional fees or moneys in naturalization proceedings save the fees and
monejrs herein specified; and a violation of any of the provisions of
this section or any part thereof is hereby declared to be a misdemeanor
and shall be pimished by imprisonment for not more than two years,
or by a fine of not more than one thousand dollars, or by both such fine
and imprisonment.
Sec. 22. That the clerk of any court exercising jurisdiction in natu-
ralization proceedings, or any person acting under authority of this
Act, who shall knowingly certify that a petitioner, affiant, or witness
named in an affidavit, petition, or certificate of citizenship, or other
paper or writing required to be executed under the provisions of this
Act, personally appeared before him and was sworn thereto, or acknowl-
edged the execution thereof or signed the same, when in fact such peti-
tioner, affiant, or witness did not personally appear before him, or was
not sworn thereto, or did not execute the same, or did not acknowledge
the execution thereof, shall be punished by a fine not exceeding five
thousand dollars, or by imprisonment not to exceed five years.
Sec. 23. That any person who knowingly procures naturalization in
violation of the provisions of this Act shall be fined not more than five
thousand dollars, or shall be imprisoned not more than five years, or
both, and upon conviction the court in which such conviction is had
shall thereupon adjudge and declare the final order admitting such
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42 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
person to citizenship void. Jurisdiction is hereby conferred on the
courts having jurisdiction of the trial of such offense to make such adjudi-
cation. Any person who knowingly aids, advises, or encourages any
person not entitled thereto to apply for or to secure naturalization, or
to file the preliminary papers declaring an intent to become a citizen
of the United States, or who in any naturalization proceeding knowingly
procures or gives false testimony as to any material fact, or who know-
ingly makes an affidavit false as to any material fact required to be
proved in such proceeding, shall be fined not more than five thousand
dollars, or imprisoned not more than five years or both.
Sec. 24. That no person shall be prosecuted, tried, or punished for
any crime arising under the provisions of this Act unless the indictment
is found or the information is filed within five years next after the com-
mission of such crime.
Sec. 25. That for the purpose of the prosecution of all crimes and
offenses against the naturalization laws of the United States which may
have been committed prior to the date when this Act shall go into effect,
the existing naturalization laws shall remain in full force and effect.
Sec. 26. That sections twenty-one himdred and sixty-five, twenty-
one hundred and sixtynseven, twenty-one himdred and sixty-eight,
twenty-one hundred and seventy-three, of the Revised Statutes of the
United States of America, and section thirty-nine of chapter one thou-
sand and twelve of the Statutes at Large of the United States of America
for the year nineteen hundred and three, and all Acts or parts of Acts
inconsistent with or repugnant to the provisions of this Act are hereby
repealed.
Sec. 27. That substantially the following forms shall be used in the
proceedings to which they relate:
DECLARATION OF INTENTION.
(Invalid for all purposes seven years after the date hereof.)
, ss:
I, , aged years, occupation , do declare
on oath (affirm) that my personal description is: Color , com-
plexion , height , weight , color of hair ,
color of eyes , other visible distinctive marks ; I was born
in on the day of , anno Domini ; I now
reside at ; I emigrated to the United States of America from
on the vessel ; my last foreign residence was . . t
It is my bona fide intention to renounce forever all allegiance and
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OFFICIAL DOCUMENTS 43
fidelity to any foreign prince, potentate, state, or sovereignty, and
particularly to , of which I am now a citizen (subject); I arrived
at the (port) of , in the State (Territory or District) of
on or about the day of anno Domini ; I am not
an anarcliist; I am not a polygamist nor a believer in the practice of
polygamy; and it is my intention in good faith to become a citizen of
the United States of America and to permanently reside therein. So
help me God.
(Original signature of declarant)
Subscribed and sworn to (affirmed) before me this day of ,
anno Domini
[L. s.]
(Official character of attestor.)
PETITION FOR NATURALIZATION.
Court of
In the matter of the petition of to be admitted as a
citizen of the United States of America.
To the Court:
The petition of respectfully shows:
First. My full name is
Second. My place of residence is number street,
city of , State (Territoi-y or District) of
Third. My occupation is
Fourth. I was bom on the day of at
Fifth. I emigrated to the United States from , on or about
the day of , anno Domini , and arrived at the port
of , in the United States, on the vessel
Sixth. I declared my intention to become a citizen of the United
States on the day of at , in the court of
Seventh. I am married. My wife's name is She
was bom in and now resides at I have children,
and the name, date, and place of birth and place of residence of each
of said children is as follows: ; ; ;
Eighth. I am not a disbeliever in or opposed to organized govern-
ment or a member of or affiliated with any organization or body of
persons teaching disbelief in organized government. I am not a poly-
gamist nor a believer in the practice of polygamy. I am attached to
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44 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
the principles of the Constitution of the United States, and it is my
intention to become a citizen of the United States and to renounce
absolutely and forever all allegiance and fidelity to any foreign prince,
potentate, state, or sovereignty, and particularly to , of which
at this time I am a citizen (or subject), and it is my intention to reside
permanently in the United States.
Ninth. I am able to speak the English language.
Tenth. I have resided continuously in the United States of America
for a term of five years at least immediately preceding the date of this
petition, to wit, since , anno Domini , and in the State
(Territory or District) of for one year at least next preceding
*the date of this petition, to wit, since day of , anno
Domini
Eleventh. I have not heretofore made petition for citizenship to any
court. (I made petition for citizenship to the court of
at , and the said petition was denied by the said court for the
following reasons and causes, to wit, , and the cause of
such denial has since been cured or removed.)
Attached hereto and made a part of this petition are my declaration
of intention to become a citizen of the United States and the certificate
from the Department of Commerce and Labor required by law. Where-
fore your petitioner prays that he may be admitted a citizen of the
United States of America.
Dated
(Signature of petitioner)
, being duly sworn, deposes and says that he is the peti-
tioner in the above-entitled proceeding; that he has read the foregoing
petition and knows the contents thereof; that the same is true of his
own knowledge, except as to matters therein stated to be alleged upon
information and belief, and that as to those matters he believes it to be
true.
Subscribed and sworn to before me this day of , anno
Domini
[L.S.] ,
Clerk of the Court.
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OFFICIAL DOCUMENTS 45
AFFIDAVIT OF WITNESSES.
Court of
In the matter of the petition of to be admitted a citizen
of the United States of America.
, occupation , residing at , and
, occupation , residing at , each being severally,
duly, and respectively sworn, deposes and says that he is a citizen of
the United States of America; that he has personally known
, the above petitioner above mentioned, to be a resident of the
United States for a period of at least five years continuously immediately
preceding the date of filing his petition, and of the State (Territory or
District) in which the above-entitled application is made for a period
of years immediately preceding the date of filing his petition;
and that he has personal knowledge tliat the said petitioner is a person
of good moral character, attached to the principles of the Constitution
of the United States, and that he is in every way qualified, in his opin-
ion, to be admitted as a citizen of the United States.
Subscribed and sworn to before me this day of , nine-
teen hundred and
[i-. B.J ,
(Official character of attestor).
CERTIFICATE OF NATURALIZATION.
Number
Petition, volume , page
Stub, volume , page
(Signature of holder)
Description of holder: Age, ; height, ; color, ;
complexion, ; color of eyes, ; color of hair, ; visi-
ble distinguishing marks, Name, age, and place of residence
of wife, , , Names, ages, and places of residence
of minor children, , , , , ,
Be it remembered, that at a term of the court of ,
held at on the day of , in the year of our Lord
nineteen hundred and , , who previous to his (her) natural-
ization was a citizen or subject of , at present residing at number
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46 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
street, city (town), State (Territory or District),
having applied to be admitted a citizen of the United States of America
pursuant to law, and the court having found that the petitioner had
resided continuously within the United States for at least five years
and in this State for one year immediately preceding the date of the
hearing of his (her) petition, and that said petitioner intends to reside
permanently in the United States, had in all respects complied with the
law in relation thereto, and that . . he was entitled to be so admitted, it
was thereupon ordered by the said court that . .he be admitted as a
citizen of the United States of America.
In testimony whereof the seal of said court is hereunto affixed on the
day of , in the year of our Lord nineteen hundred and ,
and of our independence the
[i-sj
(Official character of attestor).
STUB OP CERTIPICATB OP NATURALIZATION.
No. of certificate,
Name ; age,
Declaration of intention, volume , page
Petition, volume , page
Name, age, and place of residence of wife, . . . . , , Names,
ages, and places of residence of minor children, , , ; ,
Date of order, volume , page
(Signature of holder
Sec. 28. That the Secretary of Commerce and Labor shall have
power to make such rules and regulations as may be necessary for prop-
erly carrjdng into execution the various provisions of this Act. Certified
copies of all papers, documents, certificates, and records required to be
used, filed, recorded, or kept under any and all of the provisions of
this Act shall be admitted in evidence equally with the originals in any
and all proceedings under this Act and in all cases in which the originals
thereof might be admissible as evidence.
Sec. 29. That for the purpose of carrjdng into effect the provisions
of this Act there is hereby appropriated the sum of one hundred thou-
sand dollars, out of any moneys in the Treasury of the United States
not otherwise appropriated, which appropriation shall be in full for the
objects hereby expressed imtil June thirtieth, nineteen hundred and
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OFFICIAL DOCUMENTS 47
seven; and the provisions of section thirty-six hundred and seventy-
nine of the Revised Statutes of the United States shall not be applicable
in any way to this appropriation.
Sec. 30. That all the applicable provisions of the naturalization
laws of the United States shall apply to and be held to authorize the
admission to citizenship of all persons not citizens who owe permanent
allegiance to the United States, and who may become residents of any
State or organized Territory of the United States, with the following
modifications: The applicant shall not be required to renounce alle-
giance to any foreign sovereignty; he shall make his declaration of
intention to become a citizen of the United States at least two years
prior to his admission; and residence within the jurisdiction of the
United States, owing such permanent allegiance, shall be regarded as
residence within the United States within the meaning of the five years'
residence clause of the existing law.
Sec. 31. That this Act shall take effect and be in force from and
after ninety da3rs from the date of its passage: Provided, That sections
one, two, twenty-eight, and twenty-nine shall go into effect from and
after the passage of this Act.
Approved, June 29, 1906.
Oenerai Act of the International Conference of Algecira^, signed April 7, 1 906,
[TSANSI«4TION.]
"In the Name of Almighty God.''
His Majesty the Emperor of Germany, King of Prussia, in the name
of the German Empire; His Majesty the Emperor of Austria, King of
Bohemia, etc., and Apostolic King of Himgary; His Majesty the King
of the Belgians; His Majesty the King of Spain; the President of the
United States of. America; the President of the French Republic; His
Majesty the King of the United Kingdom of Great Britain and Ireland,
and of the British Dominions beyond the Seas, Emperor of India, etc.;
His Majesty the King of Italy; His Majesty the Sultan of Morocco; Her
Majesty the Queen of the Netherlands; His Majesty the King of Portugal
and of the Algarves, etc., etc., etc.; His Majesty the Emperor of All
the Russias; His Majesty the King of Sweden:
Inspired by the interest attaching itself to the reign of order, peace,
and prosperity in Morocco, and recognizing that the attainment thereof
can only be effected by means of the introduction of reforms based upon
the triple principle of the sovereignty and independence of His Majesty
the Sultan, the integrity of his domains, and economic liberty without
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48 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
any inequality, have resolved, upon the invitation of His Shereeiian
Majesty, to call together a conference at Algeciras for the purpose of
arriving at an understanding upon the said reforms, as well as examining
the means for obtaining the resources necessary for their application,
and have appointed as their delegates plenipotentiary the following:
His Majesty the Emperor of Germany, King of Prussia, in the name
of the German Empire:
Mr. Joseph de Radowitz, His Ambassador Extraordinary and Pleni-
potentiary to His Catholic Majesty, and
Christian, Coimt of Tattenbach, His Envoy Extraordinary and Min-
ister Plenipotentiary to His Very Faithful Majesty.
His Majesty the Emperor of Austria, King of Bohemia, etc., and Apos-
tolic King of Hungary:
Rudolph, Coimt of Welsersheimb, His Ambassador Extraordinary and
Plenipotentiary to His Catholic Majesty, and
Leopold, Count Bolesta-Koziebrodzki, His Envoy Extraordinary and
Minister Plenipotentiary to Morocco.
His Majesty the King of the Belgians:
Maurice, Baron Joostens, His Envoy Extraordinary and Minister
Plenipotentiary to His Catholic Majesty, and
Conrad, Count of Buisseret Steenbecque de Blarenghem, His Envoy
Extraordinary and Minister Plenipotentiary to Morocco.
His Majesty the King of Spain :
Don Juan Manuel Sanchez y Gutierrez de Castro, Duke of Almoddvar
del Rio, His Minister of State, and
Don Juan P6rez-Caballero y Ferrer, His Envoy Extraordinary and
Minister Plenipotentiary to His Majesty the King of the Belgians.
The President of the United States of America:
Mr. Henry White, Ambassador Extraordinary and Plenipotentiary
of the United States of America to His Majesty the King of Italy, and
Mr. Samuel R. Gummer6, Envoy Extraordinary and Minister Pleni-
potentiary of the United States of America to Morocco.
The President of the French Republic:
Mr. Paul R6voil, Ambassador Extraordmary and Plenipotentiary of
the French Republic to the Swiss Confederation, and
Mr. Eug&ne Regnault, Minister Plenipotentiary.
His Majesty the King of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the Seas, Emperor of
India :
Sir Arthur Nicolson, His Ambassador Extraordinary and Plenipo-
tentiary to His Majesty the Emperor of All the Russias.
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OFFICIAL DOCUMENTS 49
His Majesty the King of Italy:
Emile, Marquis Visconti Venosta, Knight of the Order of the Very
Holy Annunciation, and
Mr. Giulio Malmusi, His Envoy Extraordinary and Minister Pleni-
potentiary to Morocco.
His Majesty the Sultan of Morocco:
El Hadj Mohammed Ben-el Arbi Ettorrfe, His Delegate at Tangier
and Ambassador Extraordinary,
El Hadj Mohammed Ben Abdesselam El Mokri, His Minister of
Expenses,
El Hadj Mohammed Es-Seffar, and Sid Abderrhaman Bennis.
Her Majesty the Queen of the Netherlands:
Jonkheer Hannibal Testa, Her Envoy Extraordinary and Minister
Plenipotentiary to His Catholic Majesty.
His Majesty the King of Portugal and of the Algarves, etc., etc., etc.:
Anthony, Count of Tovar, His Envoy Extraordinary and Minister
Plenipotentiary to His Catholic Majesty, and
Francis Robert, Count of Martens Ferrao, Peer of the Kingdom, His
Envoy Extraordinary and Minister Plenipotentiary to Morocco.
His Majesty the Emperor of All the Russias:
Arthur, Count Cassini, His Ambassador Extraordinary and Pleni-
potentiary to His Catholic Majesty, and
Mr. Basile de Bacheracht, His Minister to Morocco.
His Majesty the King of Sweden:
Mr. Robert Sager, His Envoy Extraordinary and Minister Plenipo-
tentiary to His Catholic Majesty and His Very Faithful Majesty.
Who, furnished with full powers, which were found in good and due
form have, in conformity with the programme upon which His Shereefian
Majesty and the powers have agreed, successively discussed and adopted:
I. A declaration relative to the organization of the police.
II. A regulation concerning the detection and repression of the con-
traband of arms.
III. An act of concession for a Moroccan State Bank.
IV. A declaration concerning a better return of taxes, and the crea-
tion of new revenues.
V. A regulation concerning the customs of the Empire and the
repression of fraud and smuggling.
VI. A declaration relative to public services and public works.
And having decided that these different documents might usefully
be coordinated in a single instrument, they have united them in a gen-
eral act composed of the following articles :
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50 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
CHAPTER I.
Declaration relative to the organization of the jpolice.
Article 1. The conference summoned by His Majesty the Sultan to
pronounce on the measures necessary to organize the police declares that
the following provisions should be made:
Art. 2. The police shall be under the sovereign authority of His
Majesty the Sultan. It shall be recruited by the Maghzen from Moorish
Mohammedans, commanded by Moorish Kaids, and distributed in the
eight ports open to commerce.
Art. 3. In order to aid the Sultan in the organization of this police,
Spanish officers and noncommissioned officers as instructors, and French
officers and noncommissioned officers as instructors, shall be placed at His
disposal by their respective Governments, which shall submit their desig-
nation to the approval of His Shereefian Majesty. A contract drawn
between the Maghzen and these instructors, ui conformity to the regula-
tion provided by article 4, shall determine the conditions of their engage-
ment and fix their pay, which must not be less than double of the
pay corresponding to the rank of each officer or noncommissioned officer.
In addition they will be allowed living expenses, varying according to
their residences. Proper lodgings will be placed at their disposal by
the Maghzen, which will likewise supply them with their horses and the
necessary fodder.
The Governments having jurisdiction over the instructors reserve the
right to recall them and replace them by others, accepted and engaged
under the same conditions.
Art. 4. These officers and noncommissioned officers for a period of
five years, to date from the ratification of the act of the conference,
shall give their service to the organization of a body of Shereefian police.
They shall assure instruction and discipline in conformity with the regu-
lations to be drawn up in respect thereto. They shall also see that the
men enlisted are fit for military service. In a general way they shall
supervise the administration of the soldiers and superintend the pay-
ment of their salary which shall be effected by the "Amin," assisted
by the accoimting officer instructor. They shall extend to the Moorish
authorities invested with the command of these bodies their technical
aid in the exercise of the said command.
The regulations to assure the recruital, discipline, instruction, and
administration of the bodies of police shall be established by mutual
agreement between the Shereefian Minister of War or his delegate, the
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OFFICIAL DOCUMENTS 51
inspector provided by article 7, and the highest ranking French and
Spanish instructors.
The regulations shall be submitted to the Diplomatic Body at Tangier,
which will formulate its opinion within a month's time. After that
period the regulations shall be enforced.
Art. 5. The total strength of the police shall not be more than 2,500
men, nor less than 2,000. It shall be distributed, according to the
importance of the ports, in groups varying between 150 and 600 men.
The number of Spanish and French officers shall be between sixteen
and twenty; of Spanish and French noncommissioned officers, between
thirty and forty.
Art. 6. The funds necessary to maintain and pay soldiers and officers
and noncommissioned officer instructors shall be advanced by the State
Bank to the Shereefian Treasury within the limits of the annual budget
assigned to the police, which shall not exceed two million and a half
pesetas for an effective strength of two thousand five hundred men.
Art. 7. During the same period of five years a general inspection
shall be made into the working of the police. Such inspection shall be
intrusted by His Shereefian Majesty to a superior officer of the Swiss
army, who will be submitted to His approval by the Swiss Federal
Government. This officer will be styled Inspector-General and reside
at Tangier.
He shall inspect at least once a year the different bodies of the police,
and after such inspection he shall draw up a report which he will address
to the Maghzen.
In addition to such regular reports, he will, if he regards it as necessary,
draw up special reports with reference to the working of the police.
Without directly intervening either in the command or the instruction,
the Inspector-General will ascertain the results obtained by the Sheree-
fian police, as regards the maintenance of order and security in the places
where this police shall have been established.
Art. 8. A copy of the reports and communications made to the
Maghzen by the Inspector-General, with reference to his mission, shall
at the same time be transmitted to the Dean of the Diplomatic Body at
Tangier, in order that the Diplomatic Body be enabled to satisfy itself
that the Shereefian police acts in conformity to the decisions taken by
the conference, and to see whether it guarantees effectively, and in con-
formity with the treaties, the security of person and property of foreign
citizens, subjects, and prot6g6s, as well as that of commercial trans-
actions.
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52 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. 9. In the case of complaints filed with the Diplomatic Body
by the legation concerned, the Diplomatic Body may, upon notice given
to the representative of the Sultan, direct the Inspector-General to inves-
tigate and report for all available purposes in the matter of such com-
plaints.
Art. 10. The Inspector-General shall receive an annual salary of
25,000 francs. In addition, he will be allowed 6,000 francs for the
expenses of his tours. The Maghzen will place at his disposal a suitable
residence and will look after the maintenance of his horses.
Art. 11. The material conditions of his engagement and of his
establishment, as provided by article 10, shall be the subject of a con-
tract drawn up between him and the Maghzen. A copy of this contract
shall be communicated to the Diplomatic Body.
Art. 12. The staff of instructors of the Shereefian police (officers
and noncommissioned officers) shall be Spanish at Tetuan, mixed at
Tangier, Spanish at Larache, French at Rabat, mixed at Casablanca,
and French in the other three ports.
CHAPTER n.
Regviations concerning the detection and repression of the contraband of
arms.
Art. 13. Throughout the Shereefian Empire, except in the cases
specified by articles 14 and 15, the importation and sale is forbidden of
arms of war, parts of guns, ammunition of any nature, loaded or
unloaded, powder, saltpeter, gun cotton, nitroglycerin, and all composi-
tions destined exclusively for the manufacture of ammunition.
Art. 14. Such explosives as are necessary for industry and public
works may, however, be introduced. A regulation drawn up in the
manner indicated by article 18 shall determine the conditions under
which their importation may be effected.
Art. 15. The arms, parts of guns, and ammunition intended for
the troops of Hia Shereefian Majesty will be admitted after the fulfill-
ment of the following formalities:
A declaration signed by the Moorish Minister of War, describing the
number and nature of such articles ordered abroad, must be presented
to the legation of the country of their origin, whose visa shall be affixed
thereto.
The passage through the customs of the cases and packages contain-
ing the arms and munitions, delivered at the order of the Moorish Gov-
ernment, shall be effected upon the presentation:
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OFFICIAL DOCUMENTS 53
1. Of the aforesaid declaration.
2. Of the invoice indicating the number and weight of the packages
and the number and kind of the arms and munitions contained therein.
This document must be visaed by the legation of the country of their
origin, which will mark on the back the successive amounts previously
passed through the customs. This visa will be refused when the order
shall have been entirely delivered.
Art. 16. The importation of sporting and high-priced arms, parts
of guns, cartridges loaded and unloaded, is likewise forbidden. It may
none the less be authorized —
1°. For the strictly personal requirements of the importer ;
2®. For supplying the gunshops authorized by article 18.
Art. 17. Sporting and high-priced arms and the ammunition for
the same will be admitted for the strictly personal requirements of the
importer on presentation of a permit issued by the representative of
the Maghzen at Tangier. If the importer is a foreigner, this permit
will only be granted at the request of his legation.
With respect to ammunition for sporting purposes, each permit shall
allow a maximum of a thousand cartridges or the supplies necessary
for the manufacture of a thousand cartridges. The permit shall only
be issued to those who have never been sentenced for any offense.
Art. 18. The trade in sporting and high-priced arms, not rifled, of
foreign manufacture, as well as of the ammunition appertaining to the
same, shall be regulated, as soon as circumstances permit, by a Sheree-
fian decision made in conformity with the advice of a majority of the
Diplomatic Body at Tangier. This shall be the case, as well with deci-
sions intended to suspend or restrict the exercise of such trade.
Only such persons as have secured a special and temporary license
from the Moorish Government shall be allowed to open and operate
retail shops for the sale of sporting guns and ammunition. This license
shall only be given at the written request of the applicant, indorsed by
his legation.
Regulations drawn up in the manner indicated by the first paragraph
of this article shall determine the number of such retail shops which
may be opened at Tangier and, if occasion arises, in the ports that may
be later designated. They shall fix the formalities to be imposed on
the importation of explosives intended for industry and public works,
of arms and ammunition intended to supply such shops, as well as the
maximum quantity of stock that can be kept.
In case of the violation of the regulating ordinances, the license may
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54 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
be temporarily or permanently withdrawn without prejudice to othei
penalties incurred by the offenders.
Art. 19. Every introduction of, or attempt to introduce, the pro-
hibited merchandise shall make it liable to confiscation, and further to
the punishments and fines mentioned below, which shall be pronounced
by the competent jurisdiction.
Art. 20. The introduction or attempt to introduce in a port open to
commerce, or through a custom-house, shall be punished:
1°. By a fine of from 500 to 2,000 pesetas and an additional fine equal
to three times the value of the imported merchandise;
2°. By imprisonment of from five days to a year, or else by only one
of these two punishments.
Art. 21. The introduction or attempt to introduce outside a port
open to commerce or a custom-house shall be punished:
1®. By a fine of from 1,000 to 5,000 pesetas and an additional fine
equal to three times the value of the imported merchandise;
2®. By imprisonment of from three months to two years, or else by
only one of these two punishments.
Art. 22. The fraudulent sale, the receiving and peddling, of mer-
chandise prohibited by the present regulations shall be punished accord-
ing to the penalties specified in article 20.
Art. 23. The accomplices in the offenses set forth in articles 20, 21 ,
and 22 shall be liable to the same penalties as the principals. The
elements determining complicity shall be adjudged according to the
laws of the court in charge of the case.
Art. 24. When there is good reason to suppose that a vessel anchored
in a port open to commerce carries guns, ammunition, or other prohib-
ited merchandise, with a view of introducing the same into Morocco,
the officers of the Shereefian customs shall so inform the competent
consular authority, in order that the latter may carry out, in company
with a delegate of the Shereefian customs, such investigations, verifica-
tions, or searches as may be judged necessary.
Art. 25. In the case of the introduction or the attempted intro-
duction by sea of prohibited merchandise outside of a port open to com-
merce, the Moorish customs authorities may bring the vessel to the
nearest port, to be turned over to the consular authority, who shall
have the right to seize it and continue such seizure until payment of
the fines decreed. The vessel may, however, be released at any period
of the trial, provided that the judicial proceedings shall not be impeded
thereby, on the deposit made with the consular authority of the
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OFFICIAL DOCUMENTS 55
maximum of the fine, or else under responsible bail accepted by the
customs.
Art. 26. The Maghzen may retain the confiscated merchandise either
for its own use, if able to utilize it, on condition that the subjects of the
Empire shall not be able to get possession of it, or it shall dispose -of it
abroad.
The conveyances of the same on shore may be confiscated and shall
be sold for the profit of the Shereefian Treasury.
Art. 27. The sale of arms condemned by the Moorish Government
shall be prohibited throughout the Shereefian Empire.
Art. 28. Rewards taken out of the amount of the fines levied are
to be given to the informants who have been instrumental in discovering
forbidden merchandise and to the agents who have effected its seizure.
Such rewards shall be assigned after deducting, if necessary, the costs
of the trial, one-third to be distributed by the customs among the
informants, one-third to the officers who seized the merchandise, and
one-third to the Moroccan Treasury.
If the seizure has been effected without the intervention of an informer
one-half of the fines shall go to the officer making the seizure and the
other half to the Shereefian Treasury.
Art. 29. The Moorish customs authorities shall notify directly the
diplomatic or consular agents of any violations of this regulation, com-
mitted by those under their jurisdiction, in order that the same may be
prosecuted before the proper jurisdiction.
Similar violations committed by Moorish subjects shall be submitted
directly by the customs to the Shereefian authority.
A delegate of the customs shall be assigned to follow the procedure of
cases pending before the different jurisdictions.
Art. 30. In the region bordering on Algeria, the enforcement of the
regulations on the contraband of arms shall be the exclusive concern of
France and Morocco.
Similarly, the enforcement of the regulation on the contraband of
arms in the Riff and in general in the regions bordering on the Spanish
possessions shall be the exclusive concern of Spain and Morocco.
CHAPTER III.
Act of concession for a State Bank.
Art. 31. A bank shall be established in Morocco under the name of
the "State Bank of Morocco," to exercise the following specified rights,
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66 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
which are granted to it by His Majesty the Sultan for a period of forty
years, to date from the ratification of this act.
Art. 32. The Bank, which will have power to carry on all transac-
tions entering into the operations of a bank, shall have the exclusive
privilege of issuing notes to bearer, payable on presentation and receiv-
able for public dues throughout the Moorish Empire.
The Bank shall maintain for a period of two years, to date from its
going into operation, cash on hand at least equal to half its notes in cir-
culation, and equal to at least one-third after the expiration of said
period of two years. At least one-third of such cash on hand is to be
gold bullion or gold coin.
Art. 33. The Bank shall, to the exclusion of every other bank or
establishment of credit, discharge the duty of disbursing treasurer of
the Empire. To this end the Moorish Government shall take all neces-
sary measures to deposit in the Bank proceeds of the customs revenues,
exclusive of the part thereof applied to the loan of 1904, and such other
revenues as it may designate.
With reference to the special tax established in order to carry out
certain public works, the Moorish Government must have the same
deposited in the Bank, as well as the revenues it may later pledge for
its loans, the Bank being especially charged with the payments thereon,
except, however, in the case of the loan of 1904, which is governed by
special contract.
Art. 34. The Bank shall be the financial agent of the Government
both within and without the Empire, without prejudice to the Govern-
ment's right to apply to other banking houses or establishments of
credit for its public loans. The Bank, however, shall enjoy, in regard to
such loans, a right of preference, other conditions being equal, over any
banking or credit establishment.
For Treasury notes or other short-term notes which the Moorish
Government may wish to negotiate without making it a public issue,
the Bank shall, however, be charged, to the exclusion of every other
establishment, with negotiating the same for the account of the Moorish
Government, either in Morocco or abroad.
Art. 35. The Bank shall make advances to the Moroccan Govern-
ment on account current up to a million francs, chargeable against
Treasury receipts.
The Bank shall likewise open a credit account for the Government
for the period of ten years, to date from its establishment, such account
not to exceed two-thirds of its initial capital.
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OFFICIAL DOCUMENTS 57
This credit account shall be distributed over several years and
employed primarily for the expenses of establishing and maintaining
the bodies of police, organized in conformity to the decisions adopted
by the conference, and secondarily for the expenses of such works of
public interest as might not be charged to the special fund as provided
for by the following article:
The maximum rate for these two advances will be 7 per cent, bank
commission included, and the Bank may ask the Government to give
as security an equal amount in Treasury notes.
If before the expiration of the said term of ten years the Moorish Gov-
ernment should contract a loan, the Bank would have the right to obtain
the immediate reimbursement of its advances made in accordance with
the second paragraph of the present article.
Art. 36. The proceeds of the special tax (articles 33 and 66) shall
form a special fund for which the Bank shall keep a separate account.
This fund shall be employed in conformity to the regulations adopted
by the conference.
In the case of its insufficiency, and chargeable to later receipts, the
Bank may open a special credit for such fund, the amount of which
should not exceed the total of the receipts for the previous year.
The conditions of the rate and commission shall be the same as those
established by the preceding article for advances to the Treasury on
account current.
Art. 37. The Bank shall take such measures as it may deem con-
ducive to a sounder monetary situation in Morocco. Spanish currency
shall continue to be permitted to circulate as legal tender.
In consequence, the Bank shall have the exclusive charge of purchas-
ing precious metals, of striking and melting coios, as well as of all its
other monetary operations for the account and profit of the Moorish
Government.
Art. 38. The home office of the Bank shall be at Tangier, but it
shall establish branches and agencies in the principal cities of Morocco
or in any other place it may deem expedient.
Art. 39. The land necessary for the establishment of the Bank, as
well as its branches and agencies in Morocco, shall be placed gratuitously
at its disposal by the Government , and at the expiration of the concession
the Government shall retake possession of it and reimburse the Bank
for the cost of building these establishments. The Bank shall further
be authorized to purchase such houses and land as it may require for
the same purpose.
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58 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. 40. The Shereefian Government shall insure and be responsible
for the safety and protection of the Bank, its branches and agencies.
To this end it shall place an adequate guard at the disposal of each
establishment in every city.
Art. 41. The Bank, its branches and agencies, shall be exempt from
all imposts or dues, ordinary or extraordinary, existing or to be created.
The same exemption shall be extended to real estate devoted to its use,
and to the certificates and coupons of its shares and to its notes. The
importation and exportation of metals and coins intended for banking
operations shall be authorized and exempted from every tax.
Art. 42. The Shereefian Government shall exercise its high super-
vision over the Bank by a High Commissioner, whom it shall appoint
after a previous agreement with the Bank's Board of Directors.
This High Commissioner shall have the right to examine into the
management of the Bank. He shall supervise the issuance of bank notes
and shall see that the provisions of the concession are strictly observed.
The High Commissioner shall sign every note or aflSx thereto his seal.
He shall be charged with the supervision of the relations between the
Bank and the Imperial Treasury.
He shall take no part iu the administration or transaction of the bank*
ing business, but he shall always have the right to attend the meetings
of the Censors.
The Shereefian Government shall appoint one or two deputy com-
missioners, who shall be especially charged with the supervision of the
financial transactions of the Treasury with the Bank.
Art. 43. A set of rules defining the relations of the Bank and of the
Moorish Government shall be framed by the special committee provided
for in article 57 and approved by the Censors.
Art. 44. The Bank, organized with the approval of the Government
of His Shereefian Majesty in the form of a corporation, shall be governed
by the French law relative thereto.
Art. 45. Actions instituted in Morocco by the Bank shall be brought
before the Consular Court of the defendant or before the jurisdiction
of Morocco, in accordance with the rules of competence established by
the Shereefian treaties and firmans.
Actions instituted in Morocco against the Bank shall be brought
before a special tribunal consisting of three consular magistrates and
two associates. The Diplomatic Body shall, each year, arrange the
list of magistrates, associates, and substitutes.
This tribunal shall apply to such cases the rules of law, procedure,
and competence established by the French legislation in commercial
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OFFICIAL DOCUMENTS 59
matters. Appeals from judgments pronounced by this tribunal shall
be taken to the Federal Court of Lausanne, whose decision shall be
final.
Abt. 46. In case of dispute over the clauses of the concession or
litigation arising between the Moorish Government and the Bank, the
difference shall be referred, without appeal or recourse, to the Federal
Court of Lausanne.
All disputes arising between the shareholders and the Bank in regard
to the enforcement of the by-laws or by reason of the corporate business
shall likewise be referred, without appeal or recourse, to the same court.
Art. 47. The by-laws of the Bank shall be framed on the following
bases by a special committee provided for in article 57. They shall be
approved by the Censors and ratified by the General Assembly of Share-
holders.
Art. 48. The General Constituent Assembly of the corporation shall
fix the place where the meetiugs of the shareholders and the sessions
of the Board of Directors shall be held; the latter, however, shall have
the faculty of meeting at any other city if it deems it expedient.
The oflSce of the manager of the Bank shall be at Tangier.
Art. 49. The Bank shall be administered by a Board of Directors
consisting of as many members as there are parts in the initial capital.
The Directors shall have the most extensive powers for the adminis-
tration and management of the corporation; they shall especially appoint
the managers, assistant managers, and members of the commission
indicated in article 54, as well as the managers of branches and agencies.
The employees of the company shall be recruited so far as possible"
from among the citizens, subjects, or prot^g^s of the several powers
which have taken part in subscribing the capital.
Art. 60. The Directors, who shall be appoiuted by the General
Assembly of Shareholders, shall be nominated by the groups subscrib-
ing the capital.
The first Board shall remain five years in office. At the expiration
of this period, there shall be a renewal at the rate of three members
annually. The order of out going Directors shall be determined by lot;
they may be reelected.
On the constitution of the corporation, each subscribiug group shall
have the right to nominate as many directors as it shall have subscribed
entire parts, but such groups shall not be compelled to select candidates
of their own nationality.
The subscribing groups shall not retain their right of nominating
directors when the latter are superseded or reelected, unless they can
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60 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
prove that they still have in their possession at least one-half the share
conferring that right upon them.
In a case where, by reason of these provisions, a subscribing group
should be no longer in a position to nominate a director, the General
Assembly of Shareholders shall make a direct nomination.
Art. 51. Each of the following institutions: the Bank of the German
Empire, the Bank of England, the Bank of Spain, and the Bank of
Prance, shall, with their Government's approval, appoint a Censor for
the State Bank of Morocco.
The Censors shall remain in office four years. The outgoing Censors
may be reappointed.
In the case of death or resignation the institution which had appointed
the former incumbent shall fill the vacancy, but only for the unexpired
term of the vacated oflSce.
Art. 52. The Censors who shall exercise their mandate by virtue of
this act of the Signatory Powers shall, in the interests of the latter, see
that the Bank is efficiently operated and insure the strict observance
of the clauses of the concession and of the statutes. They shall see that
the regulations governing the issuance of notes are precisely fulfilled,
and shall supervise the operations tending to put the monetary situation
on a sound basis, but they shall never, under any pretext, interfere
in the conduct of business or in the internal administration of the Bank.
Each of the Censors shall be empowered to examine at all times the
Bank accounts, and to call for information either from the Board of
Directors or the manager's office with regard to the management of
the Bank, and attend the meetings of the Board of Directors, but only
in an advisory capacity.
The four Censors shall meet at Tangier in the discharge of their duties
at least once every two years, at a time to be fixed by them. Other
meetings at Tangier or elsewhere may take place if three of the Censors
should demand it.
The four Censors shall draw up in common accord an annual report,
which shall be annexed to that of the Board of Directors. The Board
of Directors shall transmit without delay a copy of such report to each
of the Governments signatory to the act of the conference.
Art. 53. The Censors' emoluments and traveling expenses shall be
fixed by the committee on by-laws. They shall be paid directly by the
banks charged with their nomination, and the amount reimbursed to
these institutions by the State Bank of Morocco.
Art. 54. To assist the manager's office a committee shall be estab-
lished at Tangier, the members of which shall be chosen by the Board
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OFFICIAL DOCUMENTS 61
of Directors, without distinction of nationality, from among the notables
residing at Tangier and holding shares of the Bank.
This committee, which shall be presided over by one of the managers
or assistant managers, shall give its advice on questions of discounts
and opening of credit accounts.
It shall transmit a monthly report on these various subjects to the
Board of Directors.
Art. 55. The capital, of which the amount shall be fixed by the
special committee designated in article 57, shall be not less than fifteen
million francs nor more than twenty million francs, and shall be of gold
coin, and the shares thereof, of the value of five hundred francs each,
shall be inscribed with the various gold coinages at a fixed rate of
exchange, as determined by the by-laws.
The said capital may thereafter be increased at one or more times by a
decision of the General Assembly of Shareholders.
The subscription to the increased capital shall be reserved for all
shareholders, without distinction of groups, in proportion to their indi-
vidual holdings.
Art. 56. The initial capital of the Bank shall be divided into as
many equal parts as there are participants among the powers repre-
sented at the conference.
To this end, each power shall designate a bank which shall exercise
either for itself or for a group of banks the above-specified right of sub-
scription, as well as the right of nomination of the Directors, as provided
in article 50. Any bank selected as head of a group may, with its Gov-
ernment's authorization, be superseded by another bank of the same
country.
States wishing to avail themselves of their rights of subscription
must notify such intention to the Royal Government of Spain within
a period of four weeks from the signature of this act by the representa-
tives of the powers.
Two parts, however, equal to those reserved to each of the subscribing
groups, shall be assigned to the consortium of banks signatory of the
contract of June 12, 1904, in compensation for the cession which shall
be made by the consortium to the State Bank of Morocco:
(1) Of the rights specified in article 33 of the contract;
(2) Of the right inscribed in article 32 (paragraph 2) of the contract
concerning the available balance of the customs receipts, with the
express reservation of the general preferential right to the aggregate
proceeds of customs granted to bondholders by article 11 of the same
•ontract.
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62 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
Art. 57. Within a period of three weeks from the time of closing
the subscriptions, notified by the Royal Government of Spain to the
powers interested, a special committee composed of delegates appointed
by the subscribing groups, as provided in article 50 for the appointment
of Directors, shall meet with a view to elaborating the by-laws of the
Bank.
The General Constituent Assembly shall meet two months after the
ratification of this act.
The functions of such special committee shall cease upon the organi-
zation of the corporation.
The special committee shall Gx the place of its meetings.
Art. 58. No modification shall be made in the by-laws except on
the motion of the Board of Directors and with the advice and consent
of the Censors and the Imperial High Commissioner.
Such modifications must be voted by a three-quarters majority,
either present or represented, of the General Assembly of Shareholders.
CHAPTER IV.
A declaration concerning a better return of taxes and the creation of new
revervues.
Art. 59. As soon as the "tertib" shall have been put into regular
operation with regard to Moorish subjects, the representatives of the
powers at Tangier shall subject their citizens, subjects, and prot^g^s in
the Empire to the application thereof. But it is understood that this
tax shall not be applied to foreign subjects except —
(a) Under the conditions stipulated by the regulation of the Diplo-
matic Body at Tangier on November 24, 1903;
(&) At places where it shall effectively be collected from Moorish sub-
jects.
The consular authorities shall retain a certain percentage of the
receipts of the taxes they collect from those subject to their jurisdiction
to cover the cost of tax bills and collection.
The rate of such percentage shall be fixed by mutual agreement
between the Maghzen and the Diplomatic Body at Tangier.
Art. 60. In accordance with the right granted by article 11 of the
Madrid Convention, foreigners shall have the right to acquire property
throughout the Shereefian Empire, and His Majesty the Sultan shall
issue to his administrative and judicial oflScers such instructions as
may be necessary for them not to refuse the registration of deeds without
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OFFICIAL DOCUMENTS 63
law-fill cause. Subsequent transfers, either by deeds between living
parties or by death, shall continue without hindrance.
In the ports open to commerce and within a radius of ten kilometers
around such ports, His Majesty the Sultan, generally and without it
being necessary henceforth for foreign subjects to obtain a special per-
mission for each purchase of property, now grants the consent required
by article 11 of the Madrid Convention.
At Ksar el Kebir, Arzila, Azemour, and eventually in other towns of
the coast or the interior, the general authorization stated above is like-
wise granted to foreigners, but only for purchasers within a radius of
two kilometers around those towns.
Wherever foreigners may have acquired property they will be per-
mitted to erect buildings in compliance with regulations and usage.
Before authorizing the execution of deeds for transferring property,
the Cadi will have to satisfy himself of the validity of the title in con-
formity to the Mohammedan law.
The Maghzen shall designate in each city and district specified in this
article the Cadi who shall have charge of such verification.
Art. 61. With a view to creating new resources for the Maghzen,
the conference recognizes in principle that a tax may be established on
city buildings.
A part of the receipts thus realized shall be set aside for the require-
ments of municipal streets and hygiene, and generally for the expense
of improvement and conservation of the cities.
The tax is due from the Moorish or foreign owner, without distinction,
but the tenant or the holder of the key shall be responsible to the Moorish
Treasury.
Regulations issued jointly by the Shereefian Government and the
Diplomatic Body at Tangier shall establish the rate, its method of col-
lection and application, and shall determine the quota of revenue thus
created which shall be devoted to the expense of improvement and con-
servation of the cities.
At Tangier this quota shall be turned over to the International Sani-
tary Council, which shall decide as to its use nutil the creation of a
municipal organization.
Art. 62. His Shereefian Majesty having decided in 1901 that the
Moorish officials who collect the agricultural taxes should no longer
receive either the "sokhra" or the "mouna," the conference is of the
opinion that this rule should be made general, so far as is possible.
Art. 63. The Shereefian delegates have stated that habou property,
or certain Stat^ property, notably buildings of the Maghzen, occupied
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64 AMERICAN JOURNAL OF INTERNATIONAL LAW
at a rental of 6 per cent, are held by persons subject to foreign jurisdic-
tion without regular title or by virtue of contracts subject to revision.
The conference, desirous of remedying this state of affairs, charges the
Diplomatic Body at Tangier to solve these two questions equitably, in
accord with the special commissioner whom His Shereeflan Majesty
may be pleased to designate to that effect.
Art. 64. The conference takes formal note of the proposition form-
ulated by the Shereefian delegates on the subject of taxes to be created
on certain trades, industries, and professions.
If, as the result of the collection of such taxes from Moorish subjects
the Diplomatic Body at Tangier should deem it advisable to extend
the same to those imder foreign jurisdiction, it is hereby specified
that the said taxes shall be exclusively municipal.
Art. 65. The conference adheres to the proposition proposed by the
Moorish delegation to create, with the assistance of the Diplomatic
Body—
(a) A stamp tax on contracts and notarial acts brought before
"adouls."
(b) A maximum transfer tax of 2 per cent on sales of real estate.
(c) A statistical and weighing tax of a maximum of 1 per cent ad
valorem on merchandise transported by coasting vessels.
(d) A passport fee to be collected from Moorish subjects.
(e) Eventually, wharfage and light-house dues, the proceeds of which
shall be devoted to harbor improvement.
Art. 66. Merchandise of foreign origin shall temporarily be subject
on entry into Morocco to special taxes amounting to 2^ per cent ad
valorem. The whole proceeds of this special tax shall form a special
fund, which shall be devoted to the execution of and expenses connected
with public works for the development of navigation and the general
trade of the Shereefian Empire.
The programme of works and their order of priority shall be deter-
mined jointly by the Shereefian Government and the Diplomatic Body
at Tangier.
The surveys, estimates, plans, and specifications appertaining thereto
shall be made by a competent engineer, appointed by the Shereefian
Government jointly with the Diplomatic Body. This engineer may, if
necessary, be assisted by one or more assistant engineers. Their sala-
ries shall be charged to the special fund.
The special fund will be deposited with the State Bank of Morocco,
which is to keep its accounts.
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OFFICIAL DOCUMENTS 65
Public contracts shall be awarded in the form and under the general
terms prescribed by the regulations that the Diplomatic Body at
Tangier is charged to frame, together with the representative of His
Shereefian Majesty.
The board of awards shall consist of one representative of the
Shereefian Government, of five delegates of the Diplomatic Body, and
of the engineer.
The award shall be given in favor of the bidder who, in conformity
with the specifications, may submit the bid offering the most advan-
tageous general terms.
As for the sums yielded by the special tax and collected at the customs-
houses, in the districts specified in article 103 of the Customs Regula-
tions, their expenditure will be determined upon by the Maghzen, with
the consent of the neighboring power, in accordance with the clauses of
this article.
Art. 67. The conference, without detriment to the observations
offered upon this point, expresses the wish that the export duties on
the following merchandise be reduced as follows:
Per cent.
Chick-peas 20
Corn 20
Barley 50
Wheat 34
Art. 68. His Shereefian Majesty will consent to increase from six to
ten thousand the number of head of cattle of the bovine species which
each power shall have the right to export from Morocco. Such expor-
tation may be effected through any custom-house. If by misfortune
there should be a scarcity of cattle in any particular district His Sheree-
fian Majesty shall have the right to temporarily forbid the exportation
of cattle through the port or ports of that district. Such measure
shall not exceed two years; nor shall it be applied at the same time
to all the ports of the Empire.
It is further understood that the preceding provisions do not modify
the other conditions for the exportation of cattle as fixed by previous
firmans.
The conference expresses the additional wish that a veterinary inspec-
tion be organized as soon as possible at the seaports.
Art. 69. In accordance with the previous decisions of His Shereefian
Majesty, and notably the decision of September 28th, 1901, the trans-
portation is allowed by coasting vessels, between all ports of the Empire,
of cereals, grains, vegetables, fruits, eggs, poultry, and in general of
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66 THE AMEBICAN JOURNAL OF INTERNATIONAL LAW
merchandise and animals of every kind, of Moroccan origin or not;
except horses, donkeys, and camels, for which a special permit from the
Maghzen will be necessary. Such coasting trade may be carried on
by vessels of every nationality without such articles being subjected to
payment of the export duties, but subject to the special taxes and regu-
lations relative thereto.
Art. 70. The rate of sojourn and anchorage dues levied on ships in
Moorish ports being fixed by treaties with certain powers, the said
powers are disposed to consent to a revision of such dues. The Diplo-
matic Body at Tangier is therefore charged to effect an agreement with
the Maghzen on the terms of such revision, which can not, howevei', take
place until after the improvement of the ports.
Art. 71. The customs storage dues shall be collected in all Moorish
ports where there are adequate warehouses, in conformity to the regu-
lations existing or to be adopted in regard thereto by the Government
of His Shereefian Majesty in accord with the Diplomatic Body at Tan-
gier.
Art. 72. Opium and kiff will continue to be a monoply of the Sheree-
fian Government. The importation of opium specially intended for
medicinal purposes will, however, be allowed by special permit issued
by the Maghzen at the request of the legation, the physician, or apothe-
cary importing the same. The Shereefian Government and the Diplo-
matic Body shall jointly determine the maximum quantity which may
be thus introduced.
Art. 73. The representatives of the powers take note of the Sheree-
filan Government's intention to extend to tobacco of all kinds the monop-
oly existing in the case of snuff. They reserve the right of their citi-
zensy subjects, and prot^g^s to be duly indemnified for damages which
the said monopoly may cause such of them as carry on a tobacco busi-
ness established under the present system. In case no amicable agree-
ment shall be reached, the damages shall be fixed by experts designated
by the Maghzen and the Diplomatic Body, in conformity with the pro-
visions governing expropriation for public purposes.
Art. 74. The principle of awarding contracts on bids without prefer-
ence of nationality shall be applied to the farming of the monopoly
of opium and kiff. The same rule would apply to the tobacco monopoly
if created.
Art. 75. If the occasion should arise to modify any of the provisions
of this declaration, the Maghzen and the Diplomatic Body at Tangier
shall reach an understanding on this point.
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OFFICIAL DOCUMENTS / 67
Art. 76. In all the cases provided for by the present declaration
where the Diplomatic Body shall be called upon to intervene, except in
what concerns articles 64, 70, and 75, the decision shall be reached by
a majority of the votes.
CHAPTER V.
A regulation concerning the customs of the Empire and the repression of
fraud and smuggling.
Art. 77. Every captain of a merchantman coming from a foreign or
a Moorish port shall, within twenty-four hours after having been granted
free pratique in any of the ports of the Empire, deposit at the customs
an exact copy of his manifest, signed by him and certified to by the ves-
sel's consignee. He shall furthermore, if required to do so, produce
before the customs authorities the original of his manifest.
The customs shall have power to station one or more watchmen on
board to prevent illicit trade.
Art. 78. The following are exempt from depositing the manifest:
1°. Men-of-war or ships chartered for the account of a power.
2®. Boats belonging to private individuals for their personal use and
never carrying any merchandise.
3®. Boats or craft used for shore fisheries.
4^. Yachts intended only as pleasure boats and registered as such
at their home ports.
5**. Ships especially charged with laying down and repairing tele-
graphic cables.
6°. Boats exclusively used in life-saving service.
7^. Hospital ships.
8*^. Training ships of the merchant marine not engaged in commer-
cial operations.
Art. 79. The manifest deposited at the customs shall state the nature
and origin of the cargo, with the marks and numbers of the cases,
bales, bundles, casks, etc.
Art. 80. If there is serious reason to suspect the accuracy of the
manifest, or in case the captain of the ship should refuse to allow the
visit and verifications of customs officers, the case shall be brought to
the attention of the proper consular authority, in order that the latter,
in company with a delegate of the Shereefian customs, shall undertake
the investigations, visits, and verifications that he may judge necessary.
Art. 81. If after twenty-four hours, as stated in article 77, the cap-
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68 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
tain has not deposited his manifest, he shall incur; unless the delay be a
case of via major, a fine of 150 pesetas for each day's delay; provided,
however, that the fine shall not exceed 600 pesetas. If the captain has
fraudulently presented an inaccurate or incomplete manifest, he shall
be personally condemned to pay a sum equal to the value of the mer-
chandise for which he has failed to produce the manifest, and a fine of
from 600 to 1,000 pesetas, and the vessel and merchandise shall be fur-
ther liable to seizure by consular authority as security for such fine.
Art. 82. Any person about to pass through the customs merchandise
imported or intended for exportation shall file in the custom-house a
detailed statement setting forth the nature, quality, weight, number,
measurement, and value of the merchandise, as well as the nature, marks,
and numbers of the packages containing the same.
Art, 83. If there should be found at the time of the visit fewer pack-
ages or less merchandise than declared, the declarant, unless able to
prove that he has acted in good faith, shall pay double duties for the
missing merchandise, and the merchandise presented shall be retained
in the customs as security for such double duty. If on the contrary,
there should be found at the time of the visit an excess of packages, or
quantity, or weight of the merchandise, this excess shall be seized and
confiscated for the benefit of the Maghzen, unless the person making the
declaration can prove his good faith.
Art. 84. If the declaration should be found inaccurate as to kind or
quality, and the declarant is unable to prove his good faith, the merchan-
dise wrongly declared shall be seized and confiscated by the proper
authority for the benefit of the Maghzen.
Art. 85. If the declaration should be found inaccurate as to the
declared value, and the declarant should be unable to prove his good
faith, the customs may either levy the duty in kind, then and there, or,
if the merchandise is indivisible, take the said merchandise by at once
pa3dng to the declarant its declared value, plus 5 per cent.
Art. 86. If the declaration should be found false as to the nature
of the merchandise the latter shall be considered as not having been
declared, and the offense shall fall under articles 88 and 90 hereinbelow,
and shall be punished by the penalties provided for in the said articles.
Art. 87. The smuggling, flagrant or attempted, in or out of the coun-
try, by land or by sea, of merchandise subject to duty shall be punishable
by confiscation of the merchandise, without prejudice to the penalties
and fines hereinbelow, which shall be imposed by the proper jurisdic-
tion.
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OFFICIAL DOCUMENTS 69
In addition; the conveyances on shore shall be seized and confiscated
when smuggled goods form the greater part of the load.
Art. 88. The smuggling, flagrant or attempted, in or out of the
country, through a port open to commerce or through a custom-house,
shall be punished by a fine not to exceed triple the value of the merchan-
dise so smuggled and by in^)risonment of from five da3rs to six months,
or by only one of these penalties.
Art. 89. The smuggling, flagrant or attempted, in or out of the
country, outside of a port open to commerce or of a custom-house, shall
be punished by a fine of from 300 to 500 pesetas, and by an additional
fine equal to three times the value of the merchandise, or by imprison-
ment of from a month to a year.
Art. 90. The accomplices in offenses as provided by articles 88 and
89 shall be liable to the same penalties as the principals. The elements
constituting complicity shall be adjudged according to the law of the
tribunal in charge of the case.
Art. 91. In the case of smuggling, flagrant or attempted, in or out
of the country, by a vessel outside of a port open to commerce, the
Moorish customs shall have the right to take such vessel to the nearest
port, to be turned over to the consular authority, and the said authority
may seize and detain the vessel until it shall have paid the amount of
the penalties imposed.
The vessel shall be released at any stage of the action, in so far as the
preliminary judicial proceedings are not impeded thereby, upon deposit
made with the consular authority of the maximum of the fine, or else
under responsible bail accepted by the customs.
Art. 92. The provisions of the preceding articles are also applicable
to coasting vessels.
Art. 93. Such merchandise as is not subject to an export duty,
shipped in a Moorish port to be transported by sea to some other port in
the Empire, shall be accompanied by a certificate issued by the customs,
under penalty of being subjected to the payment of import duties, and
even of being confiscated, if not entered in the manifest.
Art. 94. The transportation by coasting vessels of products subject
to export duties can only be effected by depositing at the custom-house
of the port of departure the amount of export duties on such merchan-
dise and taking receipt therefor.
This money shall be returned to the depositor by the custom-house
where it was deposited, on production of a declaration on which the
customs certify the arrival of such merchandise and of the receipt for
the deposit of the amount of the duties. The documents proving the
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70 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
arrival of the merchandise shall be produced within three months from
the time of shipment. After this term, imless the delay be a case of vis
major, the amount deposited shall become the property of the Maghzen.
Art. 95. The import and export duties shall be paid cash at the
custom*house where liquidation has been made. The ad valorem duties
shall be liquidated according to the cash wholesale value of the merchan-
dise delivered in the custom-house and free from customs duties and
storage dues. Damages to the merchandise, if any, shall be taken into
account in appraising the depreciation thereby caused. Merchandise
can only be removed after the payment of customs duties and storage.
The holding of the goods or the collection of duty shall, in every case,
be made the subject of a regular receipt delivered by the officer in
charge.
Art. 96. The value of the chief articles of merchandise dutiable in
the Moorish customs is to be appraised every year under the conditions
specified in the foregoing article by a committee on customs valuations
meeting at, Tangier, and consisting of —
1®. Three members appointed by the Moorish Government.
2?. Three members appointed by the Diplomatic Body at Tangier.
3^. One delegate of the State Bank.
4^. One agent of the delegation of the 5 per cent Moroccan loan of
1904.
This committee shall appoint from twelve to twenty honorary mem-
bers resident in Morocco, whom it shall consult when called upon to
determine the value, and whenever it may see fit. These honorary mem-
bers shall be selected from the lists of notables drawn up in the case of
foreign subjects by each legation, and in the case of Moors by the Sul-
tan's representative. They shall be appointed as far as possible in pro-
portion to the importance of the commerce of each nation.
The committee shall be appointed for the term of three years.
The schedule of values fixed by it shall serve as a basis for the apprais-
als which the administration of Moorish customs shall make in every
custom-house. It shall be posted at all custom-houses and in the chan-
ceries of the legations and consulates at Tangier.
The schedule may be revised at the end of six months in case of con-
siderable changes in the values of certain articles.
Art. 97. A permanent committee, to be known as the "Committee
of Customs," shall be organized at Tangier and appointed for a term of
three years. It shall consist of a special commissioner of His Shereefian
Majesty, of a member of the diplomatic or consular body appointed by
the Diplomatic Body at Tangier, and of a delegate from the State Bank.
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OFFICIAL DOCUMENTS 71
It shall be empowered to add to its members, in an advisory capacity,
one or more representatives of the customs service.
This committee shall exercise its high supervision over the customs
service, and shall have the right to propose to His Shereefian Majesty
such measures as are likely to effect improvement in the service and
assure the regularity and supervision of operations and collections (land-
ing, shipping, land transportation, handling, the incoming and outgoing
of merchandise, storage, appraisal, liquidation and collection of duties.)
The creation of such a Committee of Customs shall in no way infringe
the rights stipulated in favor of the bondholders by articles 15 and 16 in
the loan contract of June 12th, 1904. I
Instructions to be drawn up by the Committee of Customs and the
services interested therein shall determine the details of the enforcement
of article 96 and of the present article. They shall be submitted to the
advice and consent of the Diplomatic Body.
Art. 98. In custom-houses where sufficient warehouses exist the
customs service shall take charge of the disembarked merchandise as
soon as it is turned over by the captain of the vessel to the officers in
charge of the lighterage, who shall receipt therefor, and until such time
as it shall have been regularly cleared from the customs. The customs
service is responsible for injuries caused by loss of or damage to merchan-
dise which may be imputed to the fault or negligence of its officers. It
is not responsible for damages resulting either from the natural decay of
merchandise, or from too lengthy a storage in the warehouse, or from
cases of vis major.
In custom-houses where there are not sufficient warehouses the agents
of the Maghzen are required only to employ such means of preservation
as may be at the disposal of the custom-house.
A revision of the storage regulations now in force shall be made under
the direction of the Diplomatic Body, whose decisions shall be taken by
a majority vote, in concert with the Shereefian Government.
Art. 99. Confiscated merchandise and conveyances shall be sold
under direction of the customs service within eight days from the date
of final judgment rendered by the competent tribunal.
Art. 100. The net proceeds of the sale of confiscated merchandise
and articles become the final property of the State; as to pecuniary fines
and compromises thereof, the amount, after deduction of costs of all
kinds, shall be divided between the Shereefian Treasury and those who
have participated in the repression of fraud or smuggling:
One-third to be distributed by the customs among the informants,
One-third to the officers who have seized the goods.
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72 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
One-third to the Moorish Treasury.
If the seizure has been made without the intervention of an informant,
one-half the fine shall be awarded to the officers making the seizure and
the other half to the Moorish Treasury.
Art. 101. The Moorish customs authorities shall directly inform the
diplomatic or consular agents of any violations of this regulation which
may have been committed by those under their jurisdictioh, in order that
they may be prosecuted before the competent court.
Similar violations by Moorish subjects shall be brought directly by
the customs before the Shereefian authority.
A delegate of the customs shall be charged to follow the legal proceed-
ings in cases pending before the several jurisdictions.
Art. 102. Every confiscation, fine, or penalty must be imposed on
foreigners by consular jurisdiction, and on Moorish subjects by Sheree-
fian jurisdiction.
Art. 103. In the region bordering on Algeria the enforcement of
these regulations shall be the exclusive concern of France and Morocco.
The enforcement of these regulations in the Riff and in general in the
regions bordering on the Spanish possessions shall likewise be the exclu-
sive concern of Spain and Morocco.
Art. 104. The provisions of the present regulations, other than those
relating to penalties, may be revised by unanimous decision of the
Diplomatic Body at Tangier and in accord with the Maghzen, at the
expiration of a term of two years from the date of their taking effect.
CHAPTER VI.
A dedaration relative to public services and jmblic works.
Art. 105. With a view to assuring the application of the principle
of economic liberty without any inequality, the Signatory Powers
declare that none of the public services in the Shereefian Empire can
be alienated for the advantage of private interests.
Art. 106. In case the Shereefian Government should invoke the aid
of foreign capital or foreign industry for the working of public services
or for the operation of public works, roads, railways, ports, telegraphs,
and other public works, the Signatory Powers reserve to themselves the
right to see to it that the authority of the State over these great enter-
prises of general interest remains entire.
Art. 107. The validity of the concessions which may be made under
the terms of article 106, as well as for Government supplies, shall,
throughout the Shereefian Empire, be subordinated to the principle of
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OFFICIAL DOCUMENTS 73
public awards on proposals, without preference of nationality, when-
ever applicable under the rules followed in foreign laws.
Art. 108. As soon as the Shereefian Government shall have decided
to invite proposals for execution of public works, it shall so inform the
Diplomatic Body. It shall later communicate to it the plans, specifica-
tions, and all documents annexed to the call for proposals, in order to
enable the nationals of all the Signatory Powers to form a clear idea of
the contemplated works and compete for the same. A sufficient term
for this shall be specified in the ciUl for proposals.
Art. 109. The specifications shall not contain, either directly or
indirectly, any condition or provision which may be prejudicial to free
competition, and which may give advantage to competitors of one
nationaUty over those of another nationality.
Art. 110. The contracts shall be awarded in the form and according
to the general conditions prescribed by the regulations which the Sheree-
fian Government shall draw up with the assistance of the Diplomatic
Body.
The contracts shall be awarded by the Shereefian Government to tius
bidder who, while conforming himself to the specifications, shall have
submitted the bid fulfilling the most advantageous general conditions.
Art. 111. The rules of articles 106 to 110 shall be applied to con-
cessions for working cork forests, in accordance with the customary pro-
visions in foreign laws.
Art. 1 12. The Shereefian firman shall determine the conditions of the
concessions and the working of mines and quarries. In the composition
of this firman the Shereefian Government shall be guided by foreign
laws relating to such matters.
Art. 113. If in the cases mentioned in articles 106 to 112 it should
become necessary to occupy certain property, its expropriation may be
effected by previous payment of a fair indemnity, in conformity to the
following rules:
Art. 114. Expropriation can only be effected on the ground of pubUc
utility and when necessity for the same shall have been ascertained by
any administrative investigation, the formalities of which shall be deter-
mined by Shereefian regulations drawn up with the assistance of the
Diplomatic Body.
Art. 115. If the property holders are Moorish subjects^ His Sheree-
fian Majesty shall take the necessary measures, that no hindrance shall
impede the execution of works that he shall have declared to be of public
utilitv.
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74 THE AMERICAN JcJuRNAL OF INTERNATIONAL LAW
Art. 116. If the owners are foreigners the method of expropriation
shall be as follows:
In case of disagreement between the competent administration and
the owner of the property to be expropriated, the indemnity shall be
fixed by a special jury, or, if the occasion arises, by arbitration.
Art. 1 17. This jury shall be composed of six expert appraisers, three
to be selected by the owner, three by the administration desiring to
expropriate. A majority vote shall rule.
If there be no majority, the owner and the administration shall each
appoint an arbitrator, and the two arbitrators shall name an umpire.
In cdse no agreement can be reached in selecting an umpire he shall
be appointed by the Diplomatic Body at Tangier.
Art. 118. The arbitrators shall be selected from a list drawn up at
the beginning of each year by the Diplomatic Body, and they shall be
selected, as far as possible, from experts not living within the district
in which the work is to be carried out.
Art. 119. The owner may appeal from tte arbitrators' decision to
a competent jurisdiction, and in accordance %ith the rules set for arbi-
tration cases by the law of the country to which he belongs.
CHAPTER VII.
General pravmona.
Art. 120. With a view to harmonizing its legislation, if the occasion
arises, with the engagements contracted under the present General Act,
each of the Signatory Powers engages to take the necessary steps leading
to the enactment of such legislation as may be necessary so far as it is
concerned.
Art. 121. The present General Act shall be ratified according to the
constitutional laws of each state. The ratifications shall be deposited
at Madrid as soon as practicable, and at the latest by December thirty-
first, one thousand nine hundred and six.
A proems verbal shall be made of such deposit and a certified copy sent
to each of the Signatory Powers through the diplomatic channel.
Art. 122. The present General Act shall enter into effect as soon
as all the ratifications shall have been deposited, and at the latest on
December thirty-first^ one thousand nine hundred and six.
In case the special legislative measures which may be necessary in
certain countries to insure the application to their nationals living in
Morocco of certain stipulations of this present General Act shall not have
been enacted by the date fixed for ratification, these stipulations shall
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OFFICIAL DOCUMENTS
75
only become applicable in respect to them after the legislative measures
above referred to shall have been promulgated.
Art. 123 and last. All treaties, conventions, and arrangements of
the Signatory Powers with Morocco remain in force. It is understood,
however, that in case of conflict between their provisions and those of
the present General Act, the stipulations of the latter shall prevail.
In faith whereof the Delegates Plenipotentiary have signed the present
General Act and have affixed their seals thereto.
Done at Algeciras this seventh day of April, one thousand nine hun-
dred and six, in a single copy, which shall remain deposited in the archives
of the Government of His Catholic Majesty, and of which certified copies
shall be transmitted through the diplomatic channel to the Signatory
Powers.
For Germany:
[L. S.]
[L. 8.]
For Austria-Hungary:
[L. 8.]
[L. 8.]
For Belgium:
[L.8.]
For Spain:
[L.8.]
Joseph de Radowitz
Tattenbach
Welsersheimb
Bolesta-Koziebrodzki
joostens
GoMTE Conrad de Buisseret
[l. 8.] El Duque de Almod6var del Bio
[l. 8.] J. P6rez-Caballero
For the United States of America, with reservation of the declaration
made in the plenary session of the conference on April 7, 1906:
[l. 8.]
For France:
[L. 8.]
[L. s.]
For Great Britain:
[L. 8.]
For Italy:
[L. 8.]
[L. 8.]
For Morocco:
Henry White
Samuel R. Gummer^
R6voiL
Regnault
A. NiCOLSON
ViscoNTi Venosta
G. Malmusi
For the Netherlands:
[L. 8.]
H. Testa
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76 THE AMERICAN JOUBNAL OP INTERNATIONAL LAW
For Portugal :
[L. 8.]
CONDE DE TOVAR
l^. 8.]
CoNDE DE Martens Ferrao
For Russia:
[L. 8.]
Cassini
[L. 8.]
Basilb DE Bacheracht
For Sweden:
[L. 8.]
Robert Sager
additional protocol.
On the point of signing the General Act of the Conference of Algeciras,
the delegates of Germany, Austria-Hungary, Belgium, Spain, the United
States of America, France, Great Britain, Italy, the Netheriands, Por-
tugal, Russia and Sweden.
Taking into account the declaration of the delegates of Morocco that
they were not, for the present, in position to affix their signatures thereto,
they being unable, owing to the distance, to receive an early reply from
His Shereefian Majesty concerning the points in regard to which they
deemed it their duty to refer to Him,
Reciprocally engage, by virtue of their respective full powers, to unite
their efforts towards the ratification of the said General Act in its entirety
by His Shereefian Majesty and towards the simultaneous enforcement of
the reforms therein provided which are interdependent.
They therefore agree to charge His Excellency Mr. Malmusi, Minister
of Italy to Morocco and Dean of the Diplomatic Corps at Tangier, to
take the necessary steps to that end by calling the attention of His
Majesty the Sultan to the great advantages that His Empire would
derive from the stipulations adopted at the conference by the unanimous
action of the Signatory Powers.
The adhesion given by His Shereefian Majesty to the General Act of
the Conference of Algeciras shall be communicated through the Govern-
ment of His Catholic Majesty to the Governments of the other Signatory
Powers. This adhesion shall have the same force as if the delegates
of Morocco had afiSxed their signatures to the General Act and will take
the place of ratification by His Shereefian Majesty.
In witness whereof, the delegates of Germany, Austria-Hungary, Bel-
gium, Spain, the United States of America, France, Great Britain, Italy,
the Netherlands, Portugal, Russia, and Sweden have signed the present
additional protocol and affixed their seals thereto.
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OFFICIAL DOCUMENTS
77
Done at Algeciras on the seventh day of April, one thousand nine
hundred and six, in a single copy, which shall remain filed in the archives
of the Government of His Catholic Majesty, and of which certified copies
shall be deUvered to the Signatory Powers through the diplomatic chan-
nel.
For Germany:
[L. B.]
[L. B.]
For AustriarHungary:
[L. B.]
[L. B.]
For Belgium:
For Spain:
[L. 8.]
Joseph db Radowitz
Tattenbach
Welsersheimb
bolesta-koziebrodzki
Joostens
CoMTB Conrad db Buisseret
[l. s.] El Duque de Almod6var del Rio
[l. s.] J. P6rez-Caballero
For the United States of America, with reservation of the declaration
made in the plenary session of the conference on April 7, 1906:
[L. S.]
[L. 8.]
For France:
[L. 8.]
[L. 8.]
For Great Britain:
[L. 8.]
For Italy:
[L. s.]
[L. 8.]
For Morocco:
Henry White
Samuel R. Gummer^
RAvoiL
Regnault
A. NiCOLSON
Visconti Venosta
G. Malmusi
For the Netherlands:
[l. s.] H. Testa
For Portugal:
[L. 8.]
[L. 8.]
For Russia:
[L. 8.]
[L. 8.]
For Sweden:
[L. S.]
CONDB DE TOVAR
CoNDB DE Martens Ferrao
Cassini
Basile DE Bacheracht
Robert Sager
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78 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Translation of the Reservation Made in French, at the Session of April
7, by Ambassador White, and Mentioned over the Signatures of the
American Delegates to the General Act and Additional Protocol.
The Government of the United States, having no political interest in
Morocco and no desire or purpose having animated it to take part in this
conference other than to secure for all peoples the Widest equality of
trade and privilege with Morocco and to facilitate the institution of
reforms in that country tending to insure complete cordiality of inter-
course without and stability of administration within for the common
good, declares that, in acquiescing in the regulations and declarations of
the conference, in becoming a signatory to the General Act of Algeciras
and to the additional protocol, subject to ratification according to con-
stitutional procedure, and in accepting the application of those regula-
tions and declarations to American citizens and interests in Morocco, it
does so without assuming obligation or responsibility for the enforcement
thereof.
Convention between the United Kingdom and China respecting Tibet,
signed April 27, 1906.^
Whereas, His Majesty the King of Great Britain and Ireland and of
the British Dominions Beyond the Seas, Emperor of India, and His
Majesty the Emperor of China are sincerely desirous to maintain and
perpetuate the relations of friendship and good understanding which now
exist between their respective Empires;
And Whereas, the refusal of Tibet to recognize the validity of or to
carry into full effect the provisions of the Anglo-Chinese Convention
of March 17, 1890, and Regulations of December 5th, 1893, placed the
British Government under the necessity of taking steps to secure their
rights and interests under the said Convention and Regulations;
And Whereas, a Convention of ten Articles was signed at Lhasa on
September 7th, 1904 on behalf of Great Britain and Tibet, and was
ratified by the Viceroy and Governor-General of India on behalf of Great
Britain on November 11th, 1904, a declaration on behalf of Great Britain
modifying its terms under certain conditions being appended thereto;
His Britannic Majesty and His Majesty the Emperor of China have
resolved to conclude a Convention on this subject and have for this
purpose named Plenipotentiaries, that is to say:
His Majesty the King of Great Britain and Ireland:
Sir Ernest Mason Satow, Knight Grand Cross of the Most Dis-
* Parliamentary Papers: Treaty Series, 1906.
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OFFICIAL DOCUMENTS 79
tinguished Order of Saint Michael and Saint George, His said
Majesty's Envoy Extraordinary and Minister Plenipotentiary
to His Majesty the Emperor of China;
and His Majesty t.he Emperor of China:
His Excellency Tong Shoa-3d, His said Majesty's High Commis-
sioner Plenipotentiary and a Vice-President of the Board of
Foreign Affairs;
who having communicated to each other their respective full powers and
finding them to be in good and true form have agreed upon and con-
cluded the following Convention in six articles:
Article I. The Convention concluded on September 7th, 1904, by
Great Britain and Tibet, the texts of which in English and Chinese are
attached to the present Convention as an annexe, is hereby confirmed,
subject to the modification stated in the declaration appended thereto,
and both of the High Contracting Parties engage to take at all times such
steps as may be necessary to secure the due fulfilment of the terms
specified therein.
Art. II. The Government of Great Britain engages not to annex
Tibetan territory or to interfere in the administration of Tibet. The
Government of China also undertakes not to permit any other foreign
State to interfere with the territory or internal administration of Tibet.
Art. III. The concessions which are mentioned in Article 9 (d) of
the Convention concluded on September 7th 1904, by Great Britain and
Tibet are denied to any state or to the subject of any state other than
China, but it has been arranged with China that at the trade marts
specified in Article 2 of the aforesaid Convention, Great Britain shall be
entitled to lay down telegraph lines connecting with India.
Art. IV. The provisions of the Anglo-Chinese Convention of 1890
and Regulations of 1893 shall, subject to the terms of this present Con-
vention and annexe thereto, remain in full force.
Art. V. The English and Chinese texts of the present Convention
have been carefully compared and found to correspond but in the event
of there being any difference of meaning between them the English text
shall be authoritative.
Art. VI. This Convention shall be ratified by the Sovereigns of both
countries and ratifications shall be exchanged at London within three
months after the date of signature by the Plenipotentiaries of both
Powers.
In token whereof the respective Plenipotentiaries have signed and
sealed this Convention, four copies in English and four in Chinese.
Done at Peking, this twenty-seventh day of April, one thousand nine
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so THE AMERICAN JOURNAL OF INTERNATIONAL LAW
hundred and six, being the fourth day of the fourth month of the thirty-
second year of the reign of Kuang-hstl.
[l. s.] Ernest Satow.
(Signature and Seal of the Chinese Plenipotentiary.)
Convention between ths Governments of Great Britain and Tibet, signed
September 7, 1904}
(Signed also in Chinese.)
Whereas, doubts and difficulties have arisen as to the meaning and
validity of the Anglo-Chinese Convention of 1890, and the Trade Regu-
lations of 1893, and as to liabilities of the Tibetan Government under
these agreements; and whereas recent occurrences have tended towards
a disturbance of the relations of friendship and good understanding
which have existed between the British Government and the Govern-
ment of Tibet; and whereas, it is desirable to restore peace and amic-
able relations, and to resolve and determine the doubts and difficulties
as aforesaid, the said Governments have resolved to conclude a Con-
vention with these objects, and the following articles have been agreed
upon by Colonel F. E. Younghusband, C. I. E., in virtue of full powers
vested in him by His Britannic Majesty's Government and on behalf
of that said Government, and Lo-sang Gyal-Tsen, the Ga-den Ti-Rim-
poche, and the representatives of the Council, of the three monasteries
Se-ra, Dre-pung and Ga-den, and of the ecclesiastical and lay officials
of the National Assembly on behalf of the Government of Tibet.
I. The Government of Tibet engages to respect the Anglo-Chinese
Convention of 1890 and to recognize the frontier between Sikkim and
Tibet, as defined in Article I of the said Convention, and to erect bound-
ary pillars accordingly.
II. The Tibetan Government undertakes to open forthwith trade
marts to which all British and Tibetan subjects shall have free right of
access at Gyantse and Gartok, as well as at Yatung.
The regulations applicable to the trade mart at Yatung, under the
Anglo-Chinese Agreement of 1893, shall, subject to such amendments as
may hereafter be agreed upon by common consent between the British
and Tibetan Governments, apply to the marts above mentioned.
In addition to establishing trade marts at the places mentioned, the
Tibetan Government undertakes to place no restrictions on the trade
by existing routes, and to consider the question of establishing fresh
trade marts under similar conditions if development of trade requires it.
III. The question of the amendment of the Regulations of 1893 is
* Parliamentary Papers: Treaty Series, 1906.
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OFFICIAL DOCUMENTS 81
reserved for separate consideration, and the Tibetan Government under-
takes to appoint fully authorized delegates to negotiate with Repre-
sentatives of the British Government as to the details of the amendments
required.
IV. The Tibetan Government undertakes to levy no dues of any
kind other than those provided for in the tariff to be mutally agreed
upon.
V. The Tibetan Government undertakes to keep the roads to Gyantse
and Gartok from the frontier clear of all obstruction and in a state of
repair suited to the needs of the trade, and to establish at Yatung,
Gyantse, and Gartok, and at each of the other trade marts that may here-
after be established, a Tibetan Agent who shall receive from the British
Agent appointed to watch over British Trade at the marts in question
any letter which the latter may desire to send to the Tibetan or to the
Chinese authorities. The Tibetan Agent shall also be responsible for
the due delivery of such communications and for the transmission of
replies.
VI. As an indemnity to the British Government for the expense
incurred in the despatch of armed troops to Lhasa, to exact reparation
for breaches of treaty obligations, and for the insults offered to and
attacks upon the British Commissioner and his following and escort, the
Tibetan Government engages to pay a sum of pounds five hundred
thousand — equivalent to rupees seventy-five lakhs — to the British
Government.
The indemnity shall be payable at such place as the British Govern-
ment may from time to time, after due notice, indicate whether in Tibet
or in the British districts of Darjeeling or Jalpaiguri, in seventy-five
annual instalments of rupees one lakh each on the 1st January in each
year, beginning from the 1st January, 1906.
VII. As security for the payment of the above-mentioned indemnity,
and for the fulfilment of the provisions relative to trade marts speci-
fied in Articles II, III, IV and V, the British Government shall continue
to occupy the Chumbi valley until the indemnity has been paid and
until the trade marts have been effectively opened for three years, which-
ever date may be the later.
VIII. The Tibetan Government agrees to raze all forts and fortifi-
cations and remove all armaments which might impede the course of
free communication between the British frontier and the towns of
Gynatse and Lhasa.
IX. The Government of Tibet engages that, without the previous
consent of the British Government:
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82 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
(a) no portion of Tibetan territory shall be ceded, sold, leased,
mortgaged or otherwise given for occupation, to any Foreign Power;
(b) no such Power shall be permitted to intervene in Tibetan affairs;
(c) no Representatives or Agents of any Foreign Power shall be
admitted to Tibet;
(d) no concessions for railways, roads, telegraphs, mining or other
rights, shall be granted to any Foreign Power, or to the subject of any
Foreign Power. In the event of consent to such concessions being
granted, similar or equivalent concessions shall be granted to the British
Government;
(e) no Tibetan revenues, whether in kind or in cash, shall be pledged
or assigned to any Foreign Power, or to the subject of any Foreign Power.
X. In witness whereof the negotiators have signed the same, and
affixed thereunto the seals of their arms.
Done in quintuplicate at Lhasa, this seventh day of September in the
year of our Lord one thousand nine hundred and four, corresponding
with the Tibetan date, the twenty-seventh day of the seventh month of
the Wood Dragon year.
F. E. YOUNGHUSBAND, Col.,
British Commissioner.
Tibet Frontier Commission.
Seal op British Commissioner.
Seal op the Dalai Lama, affixed by the Ga-den Ti-
RlMPOCHE.
Seal op Council.
Seal op the Dre-pung Monastery.
Seal op Sera Monastery.
Seal op Ga-den Monastery.
Seal op National Assembly.
In proceeding to the signature of the Convention, dated this day, the
representatives of Great Britain and Tibet declare that the English text
shall be binding.
F. E. Younghusband, Col.,
British Commissioner,
Tibet Frontier Commission.
Seal op British Commissioner.
Seal op the Dalai Lama, affixed by the Ga-den Ti-
RlMPOCHE.
Seal op Council.
Seal op the Dre-pung Monastery.
Seal of Sera Monastery.
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OFFICIAL DOCUMENTS 83
Seal of Ga-den Monastery.
Seal of National Assembly.
AMPTfflLL,
Viceroy and Oovemor-Oeneral of India.
This Convention was ratified by the Viceroy and Governor-General of
India in Council at Simla on the eleventh day of November, A. D., one
thousand nine hundred and four.
S. M. Fraser,
Secretary to the Oovemment of India,
Foreign Department.
Declaration signed by his Excellency the Viceroy and Governor-
General of India and appended to the ratified Convention of seventh
September, 1904.
His Excellency the Viceroy and Governor-General of India, having
ratified the Convention which was concluded at Lhasa on seventh
September, 1904, by Colonel Younghusband, C. I. E., British Commis-
sioner for Tibet Frontier Matters, on behalf of His Britannic Majesty's
Government; and by Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and
the representatives of the Council, of the three monasteries Sera, Dre-
pung, and Garden, and of the ecclesiastical and lay officials of the National
Assembly, on behalf of the Government of Tibet, is pleased to direct
as an act of grace that the sum of money which the Tibetan Government
have bound themselves under the terms of Article VI of the said Con-
vention to pay to His Majesty's Government as an indemnity for the
expenses incurred by the latter in connection with the despatch of armed
forces to Lhasa, be reduced from Rs. 75,00,000 to Rs. 25,00,000; and to
declare that the British occupation of the Chumbi valley shall cease after
due pa3rment of three annual instalments of the said indemnity as fixed
by the said Article, provided, however, that the trade marts as stipulated
in Article II of the Convention shall have been effectively opened for
three years as provided in Article VI of the Convention; and that, in the
meantime, the Tibetans shall have faithfully complied with the terms
of the said Convention in all other respects.
Ampthill,
Viceroy and Oovemor-General of India,
This declaration was signed by the Viceroy and Governor-General of
India in Council at Simla on the eleventh day of November, A. D., one
thousand nine hundred and four.
S. M. Eraser,
Secretary to the Government of India,
Foreign Department
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APPOINTMENT OF SECRETARIES OF EMBASSY AND
LEGATION.
EXECUTIVE ORDER, NOVEB4BER 10, 1905.
It is hereby ordered that vacancies in the olBlce of Secretary of Em-
bassy or Legation shall hereafter be filled
(a) By transfer or promotion from some branch of the foreign service,
or
(b) By the appointment of a person who, having furnished satisfac-
tory evidence of character, responsibility and capacity, and being there-
upon selected by the President for examination, is found upon such
examination to be qualified for the position.
Theodore Roosevelt.
The White House,
November 10th, 1905.
ORDER BY the SECRETARY OF STATE.
In pursuance of the Executive order of November 10, 1905, the second
assistant secretary of state, the solicitor for the department of state,
and the chief of the diplomatic bureau, or the persons for the time being
respectively discharging the duties of said oflScers, are hereby consti-
tuted a board, whose duty it shall be, by appropriate examination, to
determine the qualifications of persons selected by the President there-
for, to be appointed as secretaries of embassies or legations. Vacancies
occurring in said board, or such changes in the membership thereof as
experience may prove to be desirable will be dealt with by additional
regulations as occasion may require.
The examination herein provided shall be held from time to time at
the Department of State, in Washington, upon such notice to candidates
as shall give them reasonable opportunity to attend for the purpose in
question.
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OFFICIAL DOCUMENTS 85
Such examinations shall be both oral and in writing. The subjects
to which the examination shall relate are to be:
1. International law;
2. Diplomatic usage;
3. Modern languages.
Familiarity with at least one foreign language will be required. This
language may be either the language spoken in the country in which the
embassy or legation is located; or French.
The Examining Board is authorized to issue such notices and to make
all such rules as it may deem necessary to accomplish the objects of this
regulation, and immediately upon the conclusion of such examination
shall make to the secretary of state a report in writing stating whether
in its judgment the candidate is or is not qualified for the particular
position applied for, and, if the decision is adverse to the candidate, also
briefly summarizing the grounds of such decision.
Elihu Root.
Department of State,
Washington, November 10th, 1905.
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LIST OF DIPLOMATIC OFFICERS OF THE UNITED STATES
CORRECTED TO JANUARY 1, 1907.
I certify that the accompanying list of diplomatic officers of the United States is true
and correct up to and including January 1, 1907.
Charles Ray Dean,
Chief, Bureau of Appoinimenta,
Januaiy 11, 1907. Department of Stale,
To what
country
accredited.
Argentine
Republic
Austria-
Hungary
Belgium . .
Bolivia
Brazil . . . .
ChUe .
CUna.
Colombia. .
CoetaRica.
Cuba
Demnark. .
Dominican
Republic
Ecuador
Name and rank.
Arthur M. Beaupre, E. E. & M. P
CharleftD. White, Sec. of Leg
Capt. Frank Parker. Mil. Att
Charles S. Francis, Amb. E. & P
George B. Rivee, Sec. of Emb
Francis G. Landon, 2d Sec. of £mb. .
Lt. John Mcdintock, Ma Att.<
Lt. CJom. Wm. L. Howard, Nav. Att.
Henry Lane Wilson, E. E. & M. P. . . .
Stanton Sickles,* Sec. of Leg
WUUamB.Sorsby,E.E.&M.P
Sec. of Leg.
Irving B. Dudley, Amb. E. &P.
George L. Lorillard, Sec. of Emb. . . .
Maj. Lyman W. V. Kennon, Mil. Att.
John Hicks, E. E. &M.P
Henry L. Janes, Sec. of Leg
William W. RockhiU, E. E. & M. P .. .
Thomas Ewing Moore, Sec. of Leg. . .
William PhilUps. 2d Sec. of Leg
Edward T. WUiiams. Chinese Sec
Thomas W. Haskins, Asst. Chinese
Sec.
George Hamilton Butler, Stud. Int. .
Willys R. Peck.* Stud. Int
John I. Viney (n), Stud. Int
Lt. Com. John A. Dougherty, Nav.
Att.
Capt. Henry Leonard, Mil. Att
John Barrett, E. B. &M.P
William Heimke (n). Sec. of Leg
WUUam L. Merry, E. E. & M. P.f ... .
James G. BaUey, Sec. of Leg
EdwinV.Morgan E.E.&M.P
Charles S. Wilson. Sec. of Leg
Fred Morris Dearing,| 2d Sec. of Leg .
Thomas J O'Brien, E. E. & M. P
Charles Richardson, Sec. of Leg
Thomas 0. Dawson, IflOnister Resident
&C.0.
Sec. of Leg
Capt. Charled Young, Mil. Att
. Joseph W.J. Lee, E.E.&M.P
Residence.
Buenos Aire^. .
Buenos Aires .
Buenos Aires .
Vienna
Vienna
\^enna
Vienna
Berlin
Brussels
Brusselb
LaPaz
La Pas
Rio de Janeiro
Rio de Janeiro
Rio de Janeiro
Santiago
Santiago
Peking
Peking
Peking
Peking
Peking
Peking
Peking
Peking
Tokyo (Yedo)
Peking
Bogoti
Bogota
Sanjos^
SanJos^
Hsbana
Habana
Habana
Copenhagen . ,
Copenhagen . ,
Santo Domingo
Santo Domingo
Port au Prince.
Quito
Where
bom.
Whence
ap-
pointed.
Ill
N. Y ..
S. C . . .
N. Y ..
N. Y ..
N. Y. .
Wis . . .
Conn ..
Ind ...
Spain .
Miss . .
III....
N.J .
Army.
N. Y .
N.J .
N. Y .
Army.
Navy
Wash
N. Y .
Miss. .
R. I.
R.I.
N. Y
Wis .
Pa ..
Ohio
R.I..
Army.
Wis. .
Wis..
D.C .
D.C .
Ohio .
Conn .
Me...
China.
England Va
Mo ...
D. C. . .
Vt . . . .
France.
N. Y . .
Ky ...
N. Y ..
Me ... .
Mass
Wis .
Ky.
Md.
Mar. 17.1904
Mar. 28,1904
June 30. 1906
Bfar 22,1906
Mar. 16,1905
Mar. 17.1905
Oct. 4, 1905
Aug. 27, 1904
Bfar. 8. 1905
Oct. 17,1903
July 11,1902
Ohio .
Cal ..
N. Y .
Cal ..
Navy
Navy
Oreg .
N.Y.
Cal ..
Ky ..
N.Y .
Me...
Mo ..
Mieh .
Iowa .
Army
Md .
Date of com-
mission.
Dec. 19.1906
Apr. 6, 1906
May 29,1906
July 14,1905
June 29, 1906
Mar. 8, 1906
June 28, 1906
Mar. 10,1905
Feb. 23,1901
June 4,1904
Apr. 10,1905
Oct. 8, 1906
Oct. 8. 1906
Nov. 3,1906
Bfar. 29. 1905
June 21. 1905
July 18,1906
July 17,1897
June 5, 1903
Nov. 29, 1906
July 18,1906
July 30, 1906
Mar. 8. 1906
Apr. 9. 1906
Apr. 29. 1904
Apr. 18.1904
Sept. 18. 1906
Com-
pensa-
$12,000
2.626
17.500
3,000
2.000
12.000
2.625
7.500
2.000
17.500
3.000
10.000
2.000
12.000
2.625
1.800
3.000
2.000
1,000
1,000
1,000
10.000
2.000
10.000
2.000
12.000
2,000
1.500
7.600
2.000
5,000
2.000
7.5«)0
*Bom of American parents residing abroad.
^Accredited also to Nicaragua and Salvador.
{Appointed after examination under Executive order
of November 10. 190&
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DIPLOMATIC SERVICE-CoNTWTJED.
To what
country
accredited.
Name and rank.
Residence.
Where
bom.
, Whence
ap-
'pointed.
mission.
1 Com-
pensa-
tion.
France . , . ■,
HenrvWhite. Amb* B. ft P
Pari*
1
Deo. 19. 1906''i7.<>no
Henry Vi^naud. Sec. of Emb
Paris
Ia
La ....
Apr: 11.1886
3.000
Arthur Bailly-Blanchard. 2d Sec. of
Emb.
William Blumenthal. 3d Sec.of Emb.
Paris
La
La ....
June 17. 1901
2.000
Paris
N.Y ...
N.Y..
Mar 10.1906
1.200
Capt. John C. Fremont, Nav. Att. . . .
Paris
Cal ....
Navy .
Aug. 6.1906
German \
Bmpire /
Capt. Wm. S. Guignard. Mil. Att. . . .
Paris
S.C. ...
Army..
.4.pr. 14.1906
CharlemacneTower,Amb.E.&P. ...
Berlin
Pa
Pa ... .
Sept. 26, 1902
17.600
Spencer F. Eddy, Sec. of Emb
Berlin
Ill
m
Oct. 1,1906
3,000
John W. Garrett. 2d Sec. of Emb. . . .
BerUn
Md ....
Md ...
Bfar. 26. 1906
2.000
Nelson O'Shauchneasy. 8d Sec. of
Emb.
Capt. Wm. S. Biddle. jr.. MU. Att. . . .
Berlin
N. Y . . .
N.Y..
Mar. 17,1905
1.200
BerKn
Mich . . .
Army..
Aug. 4.1902
Great 1
Britain
Lt. Com. Wm. L. Howard, Nav. Att.
Berlin
Ck>nn ...
Navy .
Aug. 27. 1904
WhiteUwReid,Amb.E.*P
London
Ohio ...
N. Y ..
Bfar. 8.1906
17.500
John R. Carter. Sec. of Emb
London
Md ....
Md ...
Mar. 10.1906
3,000
Craig W. Wadeworth. 2d Sec. of
Emb.
U. Grant Smith. 3d Sec. of Emb
fjondon
Pa
N.Y..
Mar. 10. 1906
2.000
London
Pa
Pa ....
Feb. 8. 1906
1.200
Lt. Com John H. Gibbons. Nav. Att .
London
Mich . . .
Navy .
Dec. 13.1905
Maj. John H. Beacom. Mil. Att
London
Ohio ...
Army..
Aug. 29. 1903
Greece
John B. Jackson, E. E. & M. P.* . . . .
'. Sec. of Leg.
Athens
Athens
N.J ...
N.J ..
Mar. 8.1906
7,500
2.000
10.000
Guatemala .
E. B. & M. P.f
Gufttemals
Philip M. Brown, Sec. of Leg
Guatemala . . .
Me
Mass ..
June 6,1903
2,000
Haiti
HenryW.Pumiss,E.E.*M.P. ...
Port au Prince
N. Y . . .
Ind ...
Nov. 23. 1906
7,500
Capt. Charles Young. MU. Att
Port au Prince
Ky ....
Army. .
Apr. 18.1904
Honduras . .
E.B.&M.P.I
Gwitvmala . .
10,000
2,000
Philip M. Brown , Sec. of Leg
Guatemala . . .
Me
Mass ..
June 6,1903
Italy
Uoyd C. Griscom, Amb. E. & P
R. S. Reynolds Hitt,§ Sec. of Emb. .
Rome
Dec 19, 1906
17.500
3.000
Rome
France..
Ill
Mar. 26. 1906
Leonard M. Thomas, 2d Secof Emb.
Rome
Pa
Pa ... .
Dec. 10.1902
2.000
Maj. Frank A. Edwards. Mil. Att . . .
Rome
Pa
Army..
Sept. 29, 1903
Lt. Com. Wm. L. Howard, Nav. Att.
Berlin
Conn ...
Navy .
Aug. 27, 1904
Japan
Luke B. Wright, Amb. B.&P
H. Peroival Dodge, Sec. of Emb
Tenn . ,
Jan. 25,1906
Aug. 8,1906
17.600
3,000
Tokyo (Yedo)
Mass . . .
Mass ..
George P. Wheeler.|| 2d Sec. of Emb.
Tokyo (Yedo)
Wash .
July 21.1906
2.000
Ransford Stevens Miller, jr., Japan-
Tokyo (Yedo)
N. Y . . .
N. Y ..
July 24.1906
3.000
ese Sec. and Int.
Charles L. Chandler, Stud. Int
Tokyo (Yedo)
Mass . . .
Mass ..
Oct. 8, 1906
1.000
Adolph A. Williamson, Stud. Int. . .
Tokyo (Yedo)
D.C ...
D.C...
Oct. 8, 1906
1.000
John K. Caldwell, Stud. Int
Tokyo (Yedo)
Ohio . . .
Ky ...
Oct. 8. 1906
1,000
Lt. Com. John A. Dougherty, Nav.
Att.
Ernest Lyon (n). Minister Resident
Tokyo (Yedo)
Mo ....
Navy .
Nov. 3.1906
Uberia
Monrovia
Hond ..
Md ...
Mar. 16.1903
6,000
&C.G.
George W. Ellis, Sec. of Leg
Monrovia ....
Mo
Kans ..
Dec. 10.1902
2,000
Luxemburg
David J. Hm, B. E. & M. P.^
The Hague ...
N.J. ...
N. Y ..
Mar. 16,1905
12.000
Roger S.G.Boutell. Sec. of Leg. ...
The Hague . . .
m
ni
Dec. 11,1906
2.626
Mexico
David B. Thompson, Amb. B. & P. . .
Mexico
Mich . . .
Nebr . .
Jan. 24.1906
17,600
Fenton R. McCreery, Sec. of Emb. .
Mexico
Mich . . .
Mich . .
Apr. 8. 1897
3.000
Paxton Hibben, 2d Sec. of Emb Mexico
Ind ....
Ind ...
July 18.1906
2,000
Joseph C. Grew, 3d Sec. of Emb
Mexico
Mass ...
N. H ..
Mar. 1.1906
1.200
Maj. Alexis R. Paxton. Mil. Att
Mexico
Pa
Army. .
Sept. 29. 1905
Montenecro.
John B. Jackson, B. E. & M. P.**. . .
Athens ;n. J ...
N.J ..
Mar. 8.1906
7,500
Sec. of Leg.
Athens 1
2.000
* Accredited also to Montenegro; aim) diplomatic
agent in Bulgaria,
f Accredited also to Honduras.
I Accredited also to Guatemala.
§ Bom of American parents residing abroad.
II Appointed after examination under Executive
order of November 10. 1905.
f Aocredited also to the Netherlands.
** Accredited also to Greece; also Diplomatic Agent
in Bulgaria.
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DIPLOMATIC SERVICE— CoimNOia).
To what
country
accredited.
Name and rank.
Residenoe.
Where
bom.
Whence
ap-
pointed.
Date of com-
mission.
Com-
pensa-
tion.
Morocco ...
Netherlands
Nicaragua .
Norway ....
Panama. . . .
Paraguay . .
Perda
Samuel R. Gummer^, E. E. & M. P. .
Hoffman Philip. Sec. of Leg
David J. HiU, E. E. * M. P.*
Roger 8. Q. BouteU, Sec. of Leg. . .
William L. Merry, E.E.&M. P. t ..
James Q. Bailey, Sec. of Leg
Herbert H.D.Peirce,B.B.&M. P. .
M. MarshaU Langhome.t Sec. of
Leg.
Herbert 6. Squien,§ B. E. & M. P. . .
Edward C. O'Brien, E. E. & M. P.|| . .
Richmond Pearson, E. E. & M. P . . .
Jo>in Tyl^r, In* ... ^ ....... t ... ,
Tangier
Tangier
The Hague ...
The Hague . . .
Sanjos^
SanJos^
Christiania . . .
Christiania . . .
Panama
Panama
Montevideo ..
Teheran
Teheran
TJmii
N.J. ...
D. C...
N.J ...
Ill
N. Y ...
Ky ....
Mass ...
Va
Canada .
D. C
N.6!!!!
England
N. J ..
N. Y ..
NY..
lU
Cal ...
Ky ...
Mass ..
Va . . . .
NY..
D. C...
N. Y ..
N.C...
Persia .
Mar. 8.1905
Jan. 11.1906
Bfar. 15,1905
Dec. 11.1905
July 17.1897
June 5.1903
June 22, 1906
July 5,1906
Oct. 20.1906
Apr. 1, 1905
Mar. 8.1905
Dec. 17.1902
$7,500
2.000
12,000
2,625
10.000
2,000
7.500
2,000
10.000
2,000
7.500
7.500
1.000
Peru
Leslie Combs, E. E. & M. P
Richard R-NeiU. Sec. of Leg
Charles Page Bryan, E. E. & M. P. . .
Henry P. Fletcher. Sec. of Leg
E. B. &M. P.f
Dec. 19.1906
July 5.1884
Jan. 7. 1903
Mar. 10.1905
10.000
Portugal . . .
Roumaf*ia r
Lima
Lisbon
Lisbon
Bucharest ....
Pa
m
Pa
Pa ....
Ill
Pa....
2.000
7.600
2.000
7^00
I'irffirffl
Montgomery Schuyler, jr.. Sec. of
Leg. AC. a.
John W. Riddle, Amb.E.&P
See. of Emb.
St Petersburg
St. Petersburg
St. Peterebuig
St. Petersburg
Paris
St. Petersburg
Sanjos^
SanJoB^ ...
Conn ...
N.Y ..
June 28, 1006
Deo. 19,1906
2,000
17.600
3.000
Salvador . . .
Serbia
Robert Woods BUss. 2dSec. of Emb.
Ba8UBIiler.t3dSec.ofEmb
Capt. John C. Fremont, Nav. Att. . .
Maj. William W. Gibson. MU. Att. . .
WiUiamL.Merry,E. E. &M.P.** . .
James G. Bailey. Sec. of Leg
E. E. & M. P.ff
Mo ....
Od'V.V.
Conn ...
N. Y . . .
Ky ....
N.Y..
Pa ..
Navy .
Army..
Cal ...
Ky ...
Oct. 1).1904
Aug. 24, 1906
Aug. 6.1906
Sept. 7.1906
July 17.1897
June 5,1903
2.000
1,200
10.000
2.000
7,600
gintn
Montgomery Schu>'ler. jr.. Sec. of
Leg. A CO.
Hamilton King (n).E.E.&M.P . . .
Irwin B. Laughlin. Sec. of I^eg. A C.
G.
Leng Hui. Int
Bucharest ...
Bangkok
Bangkok
Conn ...
Canada .
N. Y ..
Mich . .
Pa ....
Siam ..
N. Y ..
BftasB ..
Minn..
Cal ...
Army..
Ky ...
R. I ..
Pa ... .
R. I . . .
N.Y. .
Turkey
N.J...
June 28. 1906
Apr. 27.1903
June 28. 1906
Aug. 27. 1901
Mar. 8.1905
Oct. 17.1903
Mar. 8.1905
June 28. 1906
Dec. 5.1905
Mar. 8,1905
Dec. 11,1905
June 18, 1906
June 28. 1906
June 28. 1906
July 1, 1873
Mar. 8,1905
2,000
7.600
2.000
Bangkok
Madrid
Madrid
Siam ...
N. Y . . .
Mass ...
600
Spain
Sweden ....
William M. CoUier, E. E. & M. P. .. .
Robert M. Winthrop. Sec. of I^. . .
Charles H. Graves, E. E. & M. P. . . .
Norman Hutchinson, Sec. of Leg. . .
Maj. William W. Gibson, MU. Att. . .
Brutus J. Clay, E. E. &M. P
Paul Grand d'Hauteville.Sec.of Leg
Peter Augustus Jay Sec of Emb.. .
Lewis Einstein. 2d Sec. of Emb. .....
A. A. Ganiulo. Int
12.000
2.0J0
7.600
Switzerland
Stockholm . . .
St. Petersburg.
Berne
Cal ....
Conn ...
2.000
7.600
Turkey
Berne
Constantinople
Constantinople
Athens
Athens
R. L ...
Pa
R.I....
N. Y . . .
Turkey .
N.J....
2.000
17.550
2.625
1,800
3.000
Bulgaria . . .
John B. Jackson,!! Dip. Agt.
Sec. of Agency
7.600
2.000
Egypt
Uruguay . . .
Venezuela .
Lewis M.Iddings, Agt & CO
Edward C. O'Brien, E. E. & M. P.§§.
William W. RusseU, E. E. & M. P .. .
Jacob Sleeper, Sec. of Leg
Cairo
Montevideo ..
Caracas
Caracas
Ohio . . .
bVc'.'!!
Mass ...
N. Y ..
N.Y..
D.C. ..
MwTff -
Mar. 23.1905
Mar. 8,1905
June 21.1905
JiuM 28. 1006
6.600
7.600
10.000
2.000
1
* Accredited also to Luxemburg.
t Accredited also to Costa Rica and Salvador.
t Appointed after examination under Executive
order of November 10, 1905.
§ Bom of American parents residing abroad.
II Accredited also to Uruguay.
f Accredited also to Servia.
'M Accredited also to Costa Rica and Nicaragua,
ft Accredited also to Roumania.
Xi Also Envoy Extraordinary and Minister Pleni-
potentiary to Greece and Montenegro.
SSAooradited also to Paraguay.
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\
OFFICIAL DOCUMENTS
The Declaration of Paris, 1856
Declaration respecting maritime law signed by the Plenipotentiaries of
Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey,
assembled in Congress at Paris, April 16, 1856.
The Plenipotentiaries who signed the Treaty of Paris of the 30th of
March, 1856, assembled in conference, — considering:
That Maritime Law, in time of war, has long been the subject of
deplorable disputes;
That the uncertainty of the law, and of the duties in such a matter,
gives rise to differences of opinion between neutrals and belligerents
which may occasion serious difficulties, and even conflicts;
That it is consequently advantageous to establish a uniform doctrine
on so important a point.
That the Plenipotentiaries assembled in Congress at Paris cannot
better respond to the intentions by which their governments are ani-
mated than by seeking to introduce into international relationsfixed
principles in this respect;
The above-mentioned Plenipotentiaries, being duly authorized, re-
solved to concert among themselves as to the means of attaining this
object; and, having come to an agreement, have adopted the following
solemn declaration:
1. Privateering is, and remains abolished.
2. The neutral flag covers enemy's goods, with the exception of
contraband of war.
3. Neutral goods, with the exception of contraband of war, are not
liable to capture under the enemy's flag.
4. Blockades, in order to be binding, must be effective, that is to
say, maintained by a force sufficient really to prevent access to the
coast of the enemy.
The Governments of the undersigned Plenipotentiaries engage to
bring the present Declaration to the knowledge of the states which have
not taken part in the Congress of Paris, and to invite them to accede
to it.
Convinced that the maxims which they now proclaim cannot but be
received with gratitude by the whole world, the undersigned Plenipo-
tentiaries doubt not that the efforts of their governments to obtain
the general adoption thereof will be crowned with full success.
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90 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
The present Declaration is not and shall not be binding, except be-
tween those Powers who have acceded, or shall accede to it.
Done at Paris, April 16, 1856.
The Geneva Convention for the Amelioration of the Condition of the Sick
and Wounded of Armies in the Field, Concluded, August 22, 1864
The Swiss Confederation; His Royal Highness the Grand Duke of
Baden; His Majesty the King of the Belgians; His Majesty the King of
Denmark; Her Majesty the Queen of Spain; His Majesty the Emperor
of the French; His Royal Highness the Grand-Duke of Hesse; His
Majesty the King of Italy; His Majesty the King of the Netherlands; His
Majesty the King of Portugal and of the Algarves; His Majesty the King
of Prussia; His Majesty the King of Wiirtemberg, being equally animated
with the desire to soften, as much as depends on them, the evils of war-
fare, to suppress its useless hardships and improve the fate of wounded
soldiers on the field of battle, have resolved to conclude a convention to
that effect, and have named for their plenipotentiaries, viz:
[Names]
Who, after having exchanged their powers, and found them in good
and due form, agree to the following articles:
Article I. Ambulances and military hospitals shall be acknowledged
to be neuter, and, as such, shall be protected and respected by belligerents
so long as any sick or wounded may be therein.
Such neutrality shall cease if the ambulances or hospitals should be
held by a military force.
Art. II. Persons employed in hospitals and ambulances, comprising
the staff for superintendence, medical service, administration, transport
of wounded, as well as chaplains, shall participate in the benefit of
neutrality, whilst so employed, and so long as there remain any wounded
to bring in or to succor.
Art. III. The persons designated in the preceding article may, even
after occupation by the enemy, continue to fulfil their duties in the
hospital or ambulance which they serve, or may withdraw in order to
rejoin the corps to which they belong.
Under such circumstances, when these persons shall cease from their
functions, they shall be delivered by the occupying army to the out-
posts of the enemy.
Art. IV. As the equipment of military hospitals remains subject
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OFFICIAL DOCUMENTS 91
to the laws of war, persons attached to such hospitals cannot, in with-
drawing, cany away any articles but such as are their private property.
Under the same circumstances an ambulance shall, on the contrary,
retain its equipment.
Art. V. Inhabitants of the country who may bring help to the
wounded shall be respected, and shall remain free. The generals of
the belligerent Powers shall make it their care to inform the inhabitants
of the appeal addressed to their humanity, and of the neutrality which
will be the consequence of it.
Any wounded man entertained and taken care of in a house shall
be considered as a protection thereto. Any inhabitant who shall have
entertained wounded men in his house shall be exempted from the
quartering of troops, as well as from a part of the contributions of war
which may be imposed.
Art. VI. Wounded or sick soldiers shall be entertained and taken
care of, to whatever nation they may belong.
Commanders-in-chief shall have the power to deliver immediately
to the outposts of the enemy soldiers who have been wounded in an
engagement, when circumstances permit this to be done, and with the
consent of both parties.
Those who are recognized, after their wounds are healed, as incapable
of serving, shall be sent back to their country.
The others may also be sent back, on condition of not again bearing
arms during the continuance of the war.
Evacuations, together with the persons under whose directions they
take place, shall be protected by an absolute neutrality.
Art. VII. A distinctive and uniform flag shall be adopted for hos-
pitals, ambulances and evacuations. It must, on every occasion, be
accompanied by the national flag. An arm-badge (brassard) shall also
be allowed for individuals neutralized, but the delivery thereof shall
be left to military authority.
The flag and the arm-badge shall bear a red cross on a white ground.
Art. VIII. The details of execution of the present convention shall
be regulated by the commanders-in-chief of belligerent armies, according
to the instructions of their respective governments, and in conformity
with the general principles laid down in this convention.
Art. IX. The high contracting Powers have agreed to communicate
the present convention to those Governments which have not found
it convenient to send plenipotentiaries to the International Conference
at Geneva, with an invitation to accede thereto; the protocol is for that
purpose left open.
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92 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. X. The present convention shall be ratified, and the ratifications
shall be exchan^ at Berne, in four months, or sooner, if possible.
In faith whereof the respective Plenipotentiaries have signed it and
have affixed their seals thereto.
Done at Geneva, the twentynsecond day of the month of August, of
the year one thousand eight hundred and sixty-four.
Additional Articles of 1868
The governments of North Germany, Austria, Baden, Bavaria, Bel-
gium, Denmark, France, Great Britain, Italy, the Netherlands, Sweden
and Norway, Switzerland, Turkey, and Wiirtemberg, desiring to extend
to armies on the sea the advantages of the Convention concluded at
Geneva the 22d of August, 1864, for the amelioration of the condition of
wounded soldiers of armies in the field, and to further particularize some
of the stipulations of the said Convention, have named for their com-
missioners:
[Names]
Who, having been duly authorized to that effect, agreed, under
reserve of approbation from their governments, to the following dis-
positions:
Article I. The persons designated in Article II of the Convention
shall, after the occupation by the enemy, continue to fulfil their duties,
according to their wants, to the sick and wounded in the ambulance or
the hospital which they serve. When they request to withdraw, the
commander of the occupying troops shall fix the time of departure,
which he shall only be allowed to delay for a short time in case of military
necessity.
Art. II. Arrangements will have to be made by the belligerent
powers to ensure to the neutralized person, fallen into the hands of the
army of the enemy, the entire enjoyment of his salary.
Art. III. Under the conditions provided for in Articles I and IV of
the Convention, the name "ambulance" applies to field hospitals and
other temporary establishments, which follow the troops on the field
of battle to receive the sick and wounded.
Art. IV. In conformity with the spirit of Article V of the Convention
and to the reservations contained in the protocol of 1864, it is explained
that for the appointment of the charges relative to the quartering of
troops, and of the contributions of war, account only shall be taken in an
equitable manner of the charitable zeal displayed by the inhabitants.
Art. V. In addition to Article VI of the Convention, it is stipulated
that, with the reservation of officers whose detention might be important
to the fate of arms and within the limits fixed by the second paragraph
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OFFICIAL DOCUMENTS 93
of that article, the wounded fallen into the hands of the enemy shall be
sent back to their country, after they are cured, or sooner if possible,
on condition, nevertheless, of not again bearing arms during the con-
tinuance of the war.
Art. VI. The boats which, at their own risk and peril, during and
after an engagement pick up the shipwrecked or wounded, or which
having picked them up, convey them on board a neutral or hospital
ship, shall enjoy, until the accomplishment of their mission, the charac-
ter of neutrality, as far as the circumstances of the engagement and the
position of the ships engaged will permit.
The appreciation of these circumstances is entrusted to the humanity
of all the combatants. The wrecked and wounded thus picked and
saved must not serve again during the continuance of the war.
Art. VII. The religious, medical and hospital staff of any captured
vessel are declared neutral, and, on leaving the ship, may remove the
articles and surgical instruments which are their private property.
Art. VIII. The staff designated in the preceding article must
continue to fulfil their functions in the captured ship, assisting in the re-
moval of the wounded made by the victorious party; they will then be
at liberty to return to their country, in conformity with the second para-
graph of the first additional article.
The stipulations of the second additional article are applicable to the
pay and allowance of the staff.
Art. IX. The militaiy hospital ships remain under martial law in
all that concerns their stores; they become the property of the captor,
but the latter must not divert them from their special appropriation
during the continuance of the war.
Art. X. Any merchantman, to whatever nation she may belong,
charged exclusively with removal of sick and wounded, is protected by
neutraUty, but the mere fact, noted on the ship's books, of the vessel
having been visited by an enemy's cruiser, renders the sick and wounded
incapable of serving during the continuance of the war. The cruiser
shall even have the right of putting on board an officer in order
to accompany the convoy, and thus verify the good faith of the opera-
tion.
If the merchant ship also carries a cargo, her neutrality will still
protect it, provided that such cargo is not of a nature to be confiscated
by the belligerent.
The belligerents retain the right to interdict neutralized vessels from
all communication, and from any course which they may deem preju-
dicial to the secrecy of their operation. In urgent cases special con-
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94 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
ventions may be entered into between commanders-in-chief, in order
to neutralize temporarily and in a special manner the vessels intended
for the removal of the sick and wounded.
Art. XI. Wounded or sick sailors and soldiers, when embarked, to
whatever nation they may belong, shall be protected and taken care of
by their captors.
Their return to their own country is subject to the provisions of
Article VI of the Convention, and of the additional Article. V.
Art. XII. The distinctive flag to be used with the national flag, in
order to indicate any vessel or boat which may claim the benefits of
neutrality, in virtue of the principles of this Convention, is a white flag
with a red cross. The belligerents may exercise in this respect any mode
of verification which they may deem necessary.
Military hospital ships shall be distinguished by being painted white
outside, with green strake.
Art. XIII. The hospital ships which are equipped at the expense
of the aid societies, recognized by the governments signing this Con-
vention, and which are furnished with a commission emanating from
the sovereign, who shall have given express authority for their being
fitted out, and with a certificate from the proper naval authority that
they have been placed under his control during their fitting out and on
their final departure, and that they were then appropriated solely to
the purpose of their mission, shall be considered neutral, as well as the
whole of their staff. They shall be recognized and protected by the
belligerents.
They shall make themselves known by hoisting, together with their
national flag, the white flag with a red cross. The distinctive mark
of their stafF, while performing their duties, shall be an armlet of the
same colors. The outer painting of these hospital ships shall be white,
with red strake.
These ships shall bear aid and assistance to the wounded and wrecked
belligerents without distinction of nationality.
They must take care not to interfere in any way with the movements
of the combatants. During and after the battle they must do their
duty at their own risk and peril.
The belligerents shall have the right of controlling and visiting them;
they will be at liberty to refuse their assistance, to order them to depart,
and to detain them if the exigencies of the case require such a step.
The wounded and wrecked picked up by these ships cannot be
reclaimed by either of the combatants, and they will be required not
to serve during the continuance of the war.
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OFFICIAL DOCUMENTS 95
Art. XIV. In naval wars any strong presumption that either bel-
ligerent takes advantage of the benefits of neutrality^ with any other
view than the interest of the sick and wounded, gives to the other bel-
ligerent, until proof to the contrary, the right of suspending the Con-
vention, as regards such belligerent.
Should this presumption become a certainty, notice may be given to
such belligerent that the Convention is suspended with regard to him
during the whole continuance of the war.
Art. XV. The present Act shall be drawn up in a single original
copy, which shall be deposited in the Archives of the Swiss Confederation.
An authentic copy of this Act shall be delivered, with an invitation
to adhere to it, to each of the signatory Powers of the Convention of the
22d of August, 1864, as well as to those that have successively acceded
to it.
In faith whereof, the undersigned commissaries have drawn up the
present project of additional articles and have apposed thereunto the
seals of their arms.
Done at Geneva, the twentieth day of the month of October, of the
year one thousand eight hundred and sixty-eight.
The Declaration of St. Petersburg, 1868
Upon the invitation of the Imperial Cabinet of Russia, an interna-
tional military commission having been assembled at St. Petersburg
in order to consider the desirability of forbidding the use of certain
projectiles in time of war among civilized nations, and this commission
having fixed by a common accord the technical limits within which the
necessities of war ought to yield to the demands of humanity, the under-
signed have been authorized by the orders of their Governments to
declare as follows:
Considering that the progress of civilization should have the effect
of alleviating, as much as possible the calamities of war:
That the only legitimate object which states should endeavor to
accomplish during war is to weaken the military force of the enemy;
That for this purpose, it is sufficient to disable the greatest possible
number of men;
That this object would be exceeded by the employment of arms
which uselessly aggravate the sufferings of disabled men, or render their
death inevitable;
That the employment of such arms would, therefore, be contrary to
the laws of humanity;
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96 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
The contracting parties engage, mutually, to renounce, in case of war
among themselves, the employment, by their military or naval forces,
of any projectile of less weight than four hundred grammes, which is
explosive, or is charged with fulminating or inflammable substances.
They agree to invite all the states which have not taken part in the
deliberations of the International Military Commission, assembled at
St. Petersburg, by sending delegates thereto, to accede to the present
engagement.
This engagement is obligatory only upon the contracting or acceding
parties thereto, in case of war between two or more of themselves; it is
not applicable with regard to non-contracting powers, or powers that
shall not have acceded to it.
It will also cease to be obligatory from the moment when, in a war
between contracting or acceding parties, a non-contracting party, or a
non-acceding party, shall join one of the belligerents.
The contracting or acceding parties reserve to themselves the right
to come to an understanding, hereafter, whenever a precise proposition
shall be drawn up, in view of future improvements which may be
effected in the armament of troops, in order to maintain the principles
which they have established, and to reconcile the necessities of war
with the laws of humanity.
Done at St. Petersburg, November 29 (December 11), 1868.
Project of an International Declaration Concerning the Laws and Customs
of War, Adopted by the Conference of Brussels, Aiigust £7, 1874-
Article I. A territory is considered as occupied when it is actually
placed under the authority of the hostile army.
The occupation only extends to those territories where this authority
is established, and can be exercised.
II. The authority of the legal power being suspended, and having
actually passed into the hands of the occupier, he shall take every step
in his power to re-establish and secure, as far as possible, public safety
and social order.
III. With this object he will maintain the laws which were in force
in the country in time of peace, and he will only modify, suspend, or
replace them by others if necessity obliges him to do so.
IV. The functionaries and officials of every class who, at the instance
of the occupier, consent to continue to perform their duties, shall be
under his protection. They shall not be dismissed or be liable to sum-
mary punishment (punis disciplinairement) unless they fail in fulfilling
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OFFICIAL DOCUMENTS 97
the obligations they have undertaken, and shall be handed over to
justice, only if they violate those obligations by unfaithfulness.
V. The army of occupation shall only levy such taxes, dues, duties,
and tolls as are ab-eady established for the benefit of the State, or their
equivalent, if it be impossible to collect them, and this shall be done as
far as possible in the form of and according to existing practice. It
shall devote them to defraying the expenses of the administration of
the country to the same extent as was obligatory on the legal Govern-
ment.
VI. The army occupying a territory shall take possession only of
the specie, the funds, and bills, etc. (valeurs exigibles), which are the
property of the State in its own right, the depots of arms, means of
transport, magazines and supplies, and, in general, all the personal
property of the State which may be of service in canning on the war.
Railway plant, land telegraphs, steam and other vessels, not included
in cases regulated by maritime law, as well as depots of arms, and
generally every kind of munitions of war, although belonging to com-
panies or to private individuals, are to be considered equally as means
of aid in carrying on a war, which cannot be left at the disposal of the
enemy. Railway plant, land telegraphs, as well as the steam and other
vessels above-mentioned shall be restored, and indemnities be regulated
on the conclusion of peace.
VII. The occupying State shall only consider itself in the light of an
administrator and usufructuary of the public buildings, real property,
forests, and agricultural works belonging to the hostile State, and sit-
uated in the occupied territory. It is bound to protect these properties
(fonds de ces propri^t^s) and to administer them according to the laws
of usufruct.
VIII. The property of parishes (communes), or establishments
devoted to religion, charity, education, arts and sciences, although
belonging to the State, shall be treated as private property.
Every seizure, destruction of, or wilful damage to, such establish-
ments, historical monuments, or works of art or of science, should be
prosecuted by the competent authorities.
IX. The laws, rights, and duties of war are applicable not only to
the army, but likewise to militia and corps of volunteers complying with
the following conditions:
1. That they have at their head a person responsible for his sub-
ordinates;
2. That they wear some settled distinctive badge recognizable at a
distance;
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98 THE AMEEICAN JOTJBNAL OF INTERNATIONAL LAW
3. That they carry arms openly; and
4. That, in their operations, they conform to the laws and customs
of war.
In those countries where the militia forms the whole or part of the
army, they shall be included under the denomination of "army."
X. The population of a non-occupied territory, who, on the approach
of the enemy, of their own accord take up arms to resist the invading
troops, without having had time to organize themselves in conformity
with Article IX, shall be considered as belligerents, if they respect the
laws and customs of war.
XI. The armed forces of the belligerents may be composed of com-
batants and non-combatants. In the event of being captured by the
enemy, both one and the other shall enjoy the rights of prisoners of
war.
XII. The laws of war do not allow to belligerents an unlimited power
as to the choice of means of injuring the enemy.
XIII. According to this principle are strictly forbidden:
(a) The use of poison or poisoned weapons.
(6) Murder by treachery of individuals belonging to the hostile nation
j)r army.
(c) Murder of an antagonist who, having laid down his arms, or
having no longer the means of defending himself, has surrendered at
discretion.
(d) The declaration that no quarter will be given.
(e) The use of arms, projectiles, or substances (matiferes) which
may cause unnecessary suffering, as well as the use of the projectiles pro-
hibited by the Declaration of St. Petersburg in 1868.
(/) Abuse of the flag of truce, the national flag, or the military
insignia or uniform of the enemy, as well as the distinctive badges of the
Geneva Convention.
(g) All destruction or seizure of the property of the enemy which is
not imperatively required by the necessity of war.
XI Y. Stratagems (ruses de guerre), and the employment of means
necessary to procure intelligence respecting the enemy or the country
(terrain) (subject to the provisions of Article XXXVI), are considered
as lawful means.
XV. Fortified places are alone liable to be seized. Towns, agglomer-
ations of houses or villages, which are open and undefended, cannot he
attacked or bombarded.
XVI. But if a town or fortress, agglomeration of houses, or villages
be defended, the commander of the attacking forces should, before
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OFFICIAL DOCUMENTS 99
commencing a bombardment, and except in the case of surprise, do all
in his power to warn the authorities.
XVII. In the like case all necessary steps should be taken to spare,
as far as possible, buildings devoted to religion, arts, sciences, and
charity, hospitals and places where sick and wounded are collected, on
condition that they are not used at the same time for military pur-
poses.
It is the duty of the besieged to indicate these buildings by special
visible signs to be notified beforehand by the besieged.
XVIII. A town taken by storm shall not be given up to the vic-
torious troops to plunder.
XIX. No one shall be considered as a spy but those who, acting
secretly or under false pretences, collect, or try to collect, information
in districts occupied by the enemy with the intention of communicating
it to the opposing force.
XX. A spy if taken in the act shall be tried and treated according
to the laws in force in the army which captures him.
XXI. If a spy who rejoins the army to which he belongs is subse-
quently captured by the enemy, he is to be treated as a prisoner of war,
and incurs no responsibility for his previous acts.
XXII. Military men (les militaries) who have penetrated within the
the zone of operations of the enemy's army, with the intention of col-
lecting information, are not considered as spies if it has been possible to
recognize the irmilitary character.
In like manner military men (and also non-military persons carrying
out their mission openly) charged with the transmission of despatches
either to their own army or to that of the enemy, shall not be considered
as spies if captured by the enemy.
To this class belong, also, if captured, individuals sent in balloons
to carry despatches, and generally to keep up communications between
the different parts of an army, or of a territory.
XXIII. Prisoners of war are lawful and disarmed enemies. They
are in the power of the enemy's Government, but not of the individuals
or of the corps who made them prisoners.
They should be treated with humanity.
Every act of insubordination authorizes the necessary measures of
severity to be taken with regard to them.
All their personal effects except their arms are considered to be their
own property.
XXIV. Prisoners of war are liable to internment in a town, fortress,
camp, or in any locality whatever, under an obligation not to go beyond
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100 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
certain fixed limits ; but they may not be placed in confinement (enf erm^s)
unless absolutely necessary as a measure of security.
XXV. Prisoners of war may be employed on certain public works
which have no immediate connection with the operations on the theater
of war, provided the employment be not excessive, nor humiliating to
their military rank, if they belong to the army, or to their official or
social position, if they do not belong to it.
They may also, subject to such regulations as may be drawn up by
the military authorities, undertake private work.
The pay they receive will go towards ameliorating their position or
will be placed to their credit at the time of their release. In this case
the cost of their maintenance may be deducted from their pay.
XXVI. Prisoners of war cannot be compelled in any way to take
any part whatever in carrying on the operations of the war.
XXVII. The Government, in whose power are the prisoners of war
undertakes to provide for their maintenance.
The conditions of such maintenance may be settled by a mutual under-
standing between the belligerents.
In default of such an understanding, and as a general principle,
prisoners of war shall be treated, as regards food and clothing, on the
same footing as the troops of the Government who made them prisoners.
XXVIII. Prisoners of war are subject to the laws and regulations
in force in the army in whose power they are.
Arms may be used, after summoning, against a prisoner attempting
to escape. If retaken, he is subject to summary punishment (peines
discipUnaires) or to a stricter surveillance.
If, after having escaped, he is again made prisoner, he is not liable
to any punishment for his previous escape.
XXIX. Every prisoner is bound to declare, if interrogated on the
point, his true name and rank, and in the case of his infringing this
rule he will incur a restriction of the advantages granted to the prisoners
of the class to which he belongs.
XXX. The exchange of prisoners of war is regulated by mutual
agreement between belligerents.
XXXI. Prisoners of war may be released on parole if the laws of
their country allow it, and in such a case they are bound on their personal
honour to fulfil scrupulously, as regards their own Government, as well
as that which made them prisoners, the engagements they have under-
taken.
In the same case their own Government should neither demand nor
accept from them any service contrary to their parole.
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OFFICIAL DOCUMENTS 101
XXXII. A prisoner of war cannot be forced to accept release on
parole, nor is the enemy's Government obliged to comply with the
request of a prisoner claiming to be released on parole.
XXXIII. Every prisoner of war liberated on parole, and retaken
carrying arms against the Government to which he had pledged his
honour, may be deprived of the rights accorded to prisoners of war, and
may be brought before the tribunals.
XXXIV. Persons in the vicinity of armies, but who do not directly
form part of them, such as correspondents, newspaper reporters, " vivan-
diers," contractors, etc., may also be made prisoners of war.
These persons should, however, be furnished with a permit issued by
a competent authority, as well as with a certificate of identity.
XXXV. The duties of belligerents, with regard to the treatment of
sick and wounded, are regulated by the Convention of Geneva of the
22d August, 1864, subject to the modifications which may be intro-
duced into that convention.
XXXVI. The population of an occupied territory cannot be com-
pelled to take part in military operations against their own country.
XXXVII. The population of occupied territories cannot be com-
pelled to swear allegiance to the enemy's power.
XXXVIII. The honour and rights of the family, the Ufe, and property
of individuals, as well as their religious convictions and the exercise of
their religion, should be respected.
Private property cannot be confiscated.
XXXIX. Pillage is expressly forbidden.
XL. As private property should be respected, the enemy will demand
from parishes (communes) or the inhabitants, only such payments and
services as are connected with the necessities of war generally acknowl-
edged in proportion to the resources of the country, and which do not
imply, with regard to the inhabitants, the obligation of taking part in
the operations of war against their own country.
XLI. The enemy, in levying contributions, whether as equivalents
for taxes (vide Art. V), or for payments which should be made in kind,
or as fines, will proceed, as far as possible, according to the rules of the
distribution and assessment of the taxes in force in the occupied terri-
tory.
The civil authorities of the legal Government will afFord their assist-
ance, if they have remained in office.
Contributions can be imposed only on the order and on the responsi-
bility of the General-in-Chief, or of the superior civil authority estab-
lished by the enemy in the occupied territory.
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102 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
For every contribution a receipt shall be given to the person furnish-
ing it.
XLII. Requisitions shall be made only by the authority of the Com-
mandant of the locality occupied.
For every requisition an indemnity shall be granted or a receipt given.
XLIII. An individual authorized by one of the belligerents to confer
with the other, on presenting himself with a white flag, accompanied
by a trumpeter (bugler or drummer), or also by a flag-bearer, shall be
recognized as the bearer of a flag of truce. He, as well as the trumpeter
(bugler or drummer), and the flag-bearer, who accompany him, shall
have the right of inviolability.
XLIV. The commander to whom a bearer of a flag of truce is
despatched is not obliged to receive him under all circumstances and
conditions.
It is lawful for him to take all measures necessary for preventing the
bearer of the flag of truce taking advantage of his stay within the radius
of the enemy's position to the prejudice of the latter; and if the bearer
of the flag of truce is found guilty of such a breach of confidence, he has
the right to detain him temporarily.
He may equally declare beforehand that he will not receive bearers
of flags of truce during a certain period. Envoys presenting them-
selves after such a notification from the side to which it has been given
forfeit their right of inviolability.
XLV. The bearer of a flag of truce forfeits his right of inviolability
if it be proved in a positive and irrefutable manner that he has taken
advantage of his privileged position to incite to, or commit, an act of
treachery.
XLVI. The conditions of capitulations shall be discussed by the
Contracting Parties.
These conditions should not be contrary to military honour.
When once settled by a Convention, they should be scrupulously
observed by both sides.
XL VII. An armistice suspends warlike operations by a mutual
agreement between the belligerents. Should the duration thereof not
be fixed, the belligerents may resume operations at any moment; pro-
vided, however, that proper warning be given to the enemy, in accord-
ance with the conditions of the armistice.
XLVIII. An armistice may be general or local. The former suspends
all warlike operations between the belligerents; the latter only those
between certain portions of the belligerent armies, and within a fixed
radius.
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OFFICIAL DOCUMENTS 103
XLIX. An armistice should be notified officially and without delay-
to the competent authorities and to the troops. Hostilities are sus-
pended immediately after the notification.
L. It rests with the Contracting Parties to define in the clauses of
the armistice the relations which shall exist between the populations.
LI. The violation of the armistice by either of the parties gives to
the other the right of terminating it (le d^noncer).
LII. The violation of the clauses of an armistice by private individ-
uals, on their own personal initiative, only affords the right of demand-
ing the punishment of the guilty persons, and, if there is occasion for
it, an indeminty for losses sustained.
LIII. The neutral State receiving in its territory troops belonging
to the belligerent armies will intern them, so far as it may be possible
away from the theater of war.
They may be kept in camps, or even confined in fortresses or in places
appropriated to this purpose.
It will decide whether the officers may be released on giving their
parole not to quit the neutral territory without authority.
LIV. In default of a special agreement, the neutral State which
receives the belligerent troops will furnish the interned with provisions,
clothing, and such aid as humanity demands.
The expenses incurred by the internment will be made good at the
conclusion of peace.
LV. The neutral State may authorize the transport across its terri-
tory of the wounded and sick belonging to the belligerent armies, pro-
vided that the trains which convey them do not carry either the per-
sonnel or material of war.
In this case the neutral State is bound to take the measures necessary
for the safety and control of the operation.
LVL The Convention of Geneva is applicable to the sick and
wounded interned on neutral territory.
Acte Final de la Conference Inter- Final Act of the International
nationale de la Paix Pea^e Conference
La Conference Internationale The International Peace Con-
de la Paix, convoqu6e dans un ference, convoked in the best inter-
haut sentiment d'humanit^ par Sa ests of humanity by His Majesty
Majesty TEmpereur de Toutes les the Emperor of All the Russias,
Russies, s'est r^unie, sur Tinvita- assembled on the invitation of the
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104
THE AMERICAN JOURNAL OF INTERNATIONAL LAW
tion du Gouvernement de Sa Ma-
]est6 la Reine des Pays-Bas, k la
Maison Royale du Bois, k La
Haye, le 18 Mai, 1899.
Les Puissances, dont T^num-
^ration suit, ont pris part k la
Conference, pour laquelle elles
avaient d6sign6 les D6iegu6s nom-
m^s ci-apr^s:
[Noms.]
Dans une s<rie de reunions, ten-
ues du 18 Mai au 29 Juillet, 1899,
oil les D616gu68pr6cit4s ont6t4 con-
stamment anim6s du d6sir de r^al-
iser, dans la plus large mesure
possible, les vues g6n6reuses de
Tauguste Initiateur de la Confer-
ence et les intentions, de leurs
Gouvernements, la Conference a
arrete, pour etre soumis k la signa-
ture des Pienipotentiaires, le texte
des Conventions et Declarations
enumerees ci-apres et annexees au
present Acte:
I. Convention pour le r^gle-
ment pacifique des conflits interna-
tionaux.
II. Convention concemant les
lois et coutumes de la guerre sur
terre.
III. Convention pour Tadap-
tation k la guerre maritime des
principes de la Convention de
Geneve du 22 Aodt, 1864.
IV. Trois Declarations con-
cernant:
1. L'interdiction de lancer des
projectiles et des explosifs du haut
de ballons ou par d'autres modes
analogues nouveaus.
Government of Her Majesty the
Queen of the Netherlands in the
Royal House in the Wood at the
Hague, on the 18th May, 1899.
The Powers enumerated in the
following list took part in the Con-
ference, to which they appointed
the Delegates named below:
[Names.]
In a series of meetings, between
the 18th May and the 29th July,
1899, in which the constant desire
of the Delegates above mentioned
has been to realize, in the fullest
manner possible, the generous
views of the august Initiator of the
Conference and the intentions of
their Governments, the Conference
has agreed, for submission for
signature by the Plenipotentiaries,
on the text of the Conventions and
Declarations enumerated below and
annexed to the present Act:
I. Convention for the peaceful
adjustment of international dif-
ferences.
II. Convention regarding the
laws and customs of war by land.
III. Convention for the adapta-
tion to maritime warfare of the
principles of the Geneva Conven-
tion of the 22d August, 1864.
IV. Three Declarations:
1. To prohibit the launching
of projectiles and explosives from
balloons or by other similar new
methods.
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OFFICIAL DOCUMENTS
105
2. L'interdiction de I'emploi
des projectiles qui ont pour but
unique de rtpandre des gaz asphyx-
iants ou d616t^res.
3. L'interdiction de Temploi
de balles qui s'^panouissent ou
s'aplatissent facilement dans le
corps humain, telles que les balles
k enveloppe dure dont Tenveloppe
ne couvrirait pas enti&rement le
noyau ou serait pourvue d'inci-
sions.
Ces Conventions et Declarations
formeront autant d'Actes s^par^s.
Ces Actes porteront la date de
ce jour et pourront 6tre sign6s
jusqu'au 31 D6cembre, 1899, par
les Plenipot^ntiaires des Puissance
ances representees h la Conference
Internationale de la Paix k La
Haye.
Obeissant aux memes inspira-
tions, la Conference a adopte h
Tunanimite la Resolution sui-
vante:
''La Conference estime que la
limitation des charges militaires
qui p^sent actuellement sur le
monde est grandement desirable
pour Taccroissement du bien-etre
materiel et moral de Thumanite."
EUe a, en outre, emis les voeux
sauivants:
1. La Conference, prenant en
consideration les demarches pre-
liminaires faites par le Gouverne-
ment Federal Suisse pour la revi-
sion de la Convention de Genftve,
emet le voeu qu'il soit procede k
bref deiai, k la reunion d'une Con-
2. To prohibit the use of pro-
j'ectiles, the only object of which
is the diffusion of asphyxiating or
deleterious gases.
3. To prohibit the use of bul-
lets which expand or flatten easily
in the human body, such as bullets
with a hard envelope, of which
the envelope does not entirely
cover the core, or is pierced with
incisions.
These Conventions and Declara-
tions shall form so many separate
Acts. These Acts shall be dated
this day, and may be signed up to
the 31st December, 1899, by the
Plenipotentiaries of the Powers
represented at the International
Peace Conference at The Hague.
Guided by the same sentiments,
the Conference has adopted unani-
mously the following Resolution:
"The Conference is of opinion
that the restriction of military
charges, which are at present a
heavy burden on the world, is
extremely desirable for the in-
crease of the material and moral
welfare of mankind. "
It has, besides, formulated the
following wishes:
1. The Conference, taking into
consideration the preliminary step
taken by the Swiss Federal Gov-
ernment for the revision of the
Geneva Convention, expresses the
wish that steps may be shortly
taken for the assembly of a Special
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THE AMBEICAN JOUBNAL OF IKTERNATIONAIi LAW
fer^nce sp^ciale ayant pour objet
la revision de cette Convention.
Ce voeu a 6t6 vot4 k Tunani-
mit^.
2. La Conference 6met le voeu
que la question des droits et des
devoirs des neutres soit inscrite au
programme d'une prochaine Con-
ference.
3. La Conference ^met le voeu
que les questions relatives aux
fusils et aux canons de marine,
telles qu'elles ont 6te examinees
par elle, soient mises k T^tude par
les Gouvernements, en vue d'arri-
ver k une entente concemant la
mise en usage de nouveaux types
et calibres.
4. La Conference 6met le voeu
que les Gouvernements, tenant
compte des propositions faites
dans le Conference, mettent k
retude la possibility d'une entente
concemant la limitation des forces
armies de terre et de mer et des
budgets de guerre.
5. La Conference emet le voeu
que la proposition tendant k
declarer Tinviolabilite de la pro-
priete privee dans la guerre sur
mer soit renvoyee, k Texamen
d'une Conference ulterieure.
6. La Conference emet le voeu
que la proposition de regler la
question du bombardement des
ports, villes, et villages par une
force navale soit renvoyee, k Tex-
amen d'une Conference ulterieure.
Les cinq derniers voeux ont ete
Conference having for its object
the revision of that Convention.
This wish was voted unani-
mously.
2. The Conference expresses
the wish that the questions of the
rights and duties of neutrals may
be inserted in the programme of a
Conference in the near future.
3. The Conference expresses
the wish that the questions with
regard to rifles and naval guns, as
considered by it, may be studied
by the Governments with the ob-
ject of coming to an agreement re-
specting the employment of new
types and calibres.
4. The Conference expresses
the wish that the Governments,
taking into consideration the pro-
posals made at the Conference,
may examine the possibility of an
agreement as to the limitation of
armed forces by land and sea, and
of war budgets.
5. The Conference expresses
the wish that the proposal, which
contemplates the declaration of
the inviolability of private prop-
erty in naval warfare, may be re-
ferred to a subsequent Conference
for consideration.
6. The Conference expresses
the wish that the proposal to settle
the question of the bombardment
of ports, towns, and villages by a
naval force may be referred to a
subsequent Conference for consid-
eration.
The last five wishes were voted
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OFFICIAL DOCUMENTS
107
vot6s h runanimit^, sauf quelques
abstentions.
En foi de quoi, les P16nipoten-
tiaires ont sign^ le present Acte, et
y ont appose leurs cachets.
Fait k La Haye, le 29 Juillet,
1899, en un seul exemplaire, qui
sera d^pos^, au Minist&re des
Affaires £trang^res, et dont des
copies certifi^es conformes, seront
d61ivr6es k toutes les Puissances
representees k la Conference.
[Signatures.]
unanimously, saving some absten-
tions.
In faith of which, the Plenipo-
tentiaries have signed the present
Act, and have affixed their seals
thereto.
Done at The Hague, 29th July,
1899, in one copy only, which shall
be deposited in the Ministry for
Foreign Affairs, and of which
copies, duly certified, shall be de-
livered to all the Powers repre-
sented at the Conference.
[Signatures.]
Convention pour le Rkglement Pad-
fique des ConfiUs InternationaTix
Sa Majeste TEmpereur d'Alle-
magne, Roi de Prusse; Sa Majeste
I'empereur d'Autriche, Roi de
Boh6me etc. et Roi Apostolique
de Hongrie; Sa Majeste le Roi des
Beiges; Sa Majeste TEmpereur de
Chine; Sa Majeste le Roi de Dane-
mark; Sa Majeste le Roi d'Es-
pagne et en Son Nom Sa Majeste
la Reine-Regente du Royaume; le
President des Etats-Unis d'Ame-
rique; le President des Etats-Unis
Mexicains; le President de la
RepubUque Frangaise; Sa Majeste
la Reine du Royaume-Uni de la
Grande Bretagne et d'Irlande,
Imperatrice des Indes; Sa Ma-
jeste le Roi des Hellenes; Sa Ma-
jeste le Roi d'ltalie; Sa Majeste
TEmpereur du Japon; SonAltesse
Royale le Grand-Due de Luxem-
ConverUion for the Peacefvl Adjust-
ment of Intemaiional Differences
His Majesty the Emperor of
Germany, King of Prussia; His
Majesty the Emperor of Austria,
King of Bohemia etc. and Apos-
tolic King of Hungary; His Ma-
jesty the King of Belgians; His
Majesty the Emperor of China;
His Majesty the King of Denmark;
His Majesty the King of Spain and
in His Name Her Majesty the
Queen Regent of the Kingdom;
the President of the United States
of America; the President of the
United Mexican States; the Presi-
dent of the French Repubhc; Her
Majesty the Queen of the United
Kingdom of Great Britain and
Ireland, Empress of India; His
Majesty the King of the Hellenes;
His Majesty the King of Italy:
His Majesty the Emperor of Japan,
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bourg, Due de Nassau; Son Altesse
le Prince de Mont^n^gro; Sa Ma-
jest£ la Reine des Pays-Bas; Sa
Majesty Imp^riale le Schah de
Perse; Sa Majesty le Roi de Portu-
gal et des Algarvesetc; Sa Majesty
le Roi de Roumaine; Sa Majesty
TEmpereur de Toutes les Russies;
Sa Majesty le Roi de Serbie; Sa Ma-
jest^leRoi de Siam.; Sa Majesty le
Roi de Su^de et de Norv^ge; le
Conseil F6d6ral Suisse; Sa Majesty
rEmperexu* des Ottomans et Son
Altesse Royale le Prince de Bul-
garie
Animus de la ferme volont^ de
concourir au maintien de la paix
g^n^rale;
R^solus k f avoriser de tons leurs
efforts le r^glement aimable des
conflits intemationaux;
Reconnaissant la solidarity qui
unit les membres de la soci^t^ des
nations civilis^;
Volulant ^tendre Tempire du
droit et fortifier le sentiment de la
justice intemationale;
Convaincus que Tinstitution per-
manente d'une jurisdiction arbi-
trate, accessible k tous, au sein des
Puissance ind^pendantes pent con-
tribuer efficacement k ce r^sultat;
Consid6rant les avantages d'une
organisation g^n^rale et r^guli^re
de la procedure arbitrate;
His Royal Highness the Grand
Duke of Luxemburg, Duke of
Nassau; His Highness the Prince
of Montenegro; Her Majesty the
Queen of the Netherlands; His
Imperial Majesty the Shah of
Persia; His Majesty the King of
Portugal and of the Algarves etc.;
His Majesty the King of Rou-
mania; His Majesty the Emperor
of all the Russias; His Majesty the
King of Servia; His Majesty the
King of Siam; His Majesty the
King of Sweden and Norway; the
Swiss Federal Council; His Majesty
the Emperor of the Ottomans and
His Royal Highness the Prince of
Bulgaria
Animated by a strong desire to
concert for the maintenance of the
general peace;
Resolved to second by their best
efforts the friendly settlement of
international disputes;
Recognizing the solidarity which
unites the members of the society
of civilized nations;
Desirous of extending the em-
pire of law, and of strengthening the
appreciation of international jus-
tice;
Convinced that the permanent
institution of a Court of Arbitra-
tion, accessible to all in the, midst
of the independent Powers, will
contribute effectively to this re-
sult;
Having regard to the advan-
tages attending the general and
regular organization of arbitral
procedure;
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OFFICIAL DOCUBIENTB
109
Estimant avec TAuguste Initia-
teur de la Conference Internatio-
nale de la Paix qu'il importe de
consacrer dans un accord interna-
tional les principes d'6quit6 et de
droit sur lesquels reposent la secu-
rity des Etats et le bien-6tre des
Peuples;
D&irant conclure une Conven-
tion k cet effet ont nomm^ pour
Leurs pienipotentiaires, savoir:
[Noms.]
Lesquels, apr^s s'6tre commu-
nique leurs pleinspouvoirsjtrouves
en bonne et due forme, sont con-
venus des dispositions suivantes:
TiTRE I. — Du Maintibn db la
Paix G^n^ibalb.
Article 1.
En vue de pr^venir autant que
possible le recours k la force dans
les rapports entre les Etats, les
Puissances signataires conviennent
d' employer tons leurs efforts pour
assurer le r^glement pacifique des
differends internationaux.
Sharing the opinion of the au-
gust Initiator of the International
Peace Conference that it is expe-
dient to record in an international
Agreement the principles of equity
and right on which are based the
security of States and the welfare
of peoples;
Being desirous of concluding a
Convention to this effect, have
appointed as their Plenipotentia-
ries, to wit:
[Names.]
Who, after communication of
their full poweiB, found in good and
due form have agreed on the follow-
ing provisions:
Title I. — On The Maintenance
OF THE General Peace.
Article I.
With a view to obviating, as far
as possible, recourse to force in
the relations between States, the
Signatory Powers agree to use
their best efforts to insure the
pacific settlement of international
differences.
TiTRB II. — Des Bons Offices et
DE LA MiiDIATION.
Article 2.
En cas de dissentiment grave
ou de conflit, avant d'en appeler
aux armes, les Puissances signa-
taires conviennent d' avoir recours,
en tant que les circonstances le
permettront, aux bons offices ou k
la mediation d'une ou de plusieurs
Puissances amies.
Title II. — On Good Offices and
Mediation.
Article II.
In case of serious disagreement
or conflict, before an appeal to
arms, the Signatory Powers agree
to have recourse, as far as circum-
stances allow, to the good offices or
mediation of one or more friendly
Powers.
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Article 3.
Ind^pendamment de ce recours,
les Puissances signataires jugent
utile qu'ime ou plusieurs Puis-
sances ^trang^res au conflit offrent
de leur propre initiative, en tant
qui les circonstances s'y prfetent,
leurs bons offices ou leiu: mediation
aux Etats en conflit.
Le droit d'offrir les bons offices
ou la mediation appartient aux
Puissances ^trangftres ap conflit,
m6me pendant le cours des hostil-
it6s.
L'exercise de ce droit de pent
jamais 6tre consid6r6 par Tune ou
I'autre des Parties en litige comme
\m acte pen amical.
Article 4.
Le r61e de m^diateiu: consiste h
concilier les pretentions oppos^es
et k apaiser les ressentiments qui
peuvent s'6tre produits entra les
Etats en conffit.
Article 5.
Les fonctions de m^diateiu: ces-
sent du moment oti il est constats,
Boit par I'une des Parties en litige,
soit par le m6diateiLr lui-mfime,
que les moyens de conciliation pro-
poses par lui ne sont pas accept^s.
Article 6.
Les bons offices et la mediation,
soit siLr le recours des Parties en
conflit, soit siu: rinitiative des
Puissances etrangires au conflit,
ont ezclusivement le caract^re de
conseil et n'ont jamais force obliga-
toire.
Article III.
Independently of this recourse,
the Signatory Powers recommend
that one or more Powers, strangers
to the dispute, should, on their own
initiative, and as far as circum-
stances may allow, offer their good
offices or mediation to the States
at variance.
Powers, strangers to the dispute,
have the right to offer good offices
or mediation,even during the course
of hostilities.
The exercise of this right can
never be regarded by one or the
other of the parties in conflict as
an unfriendly act.
Article IV.
The part of the mediator consists
in reconciling the opposing claims
and appeasing the feelings of re-
sentment which may have arisen
between the States at variance.
Article V.
The functions of the mediator
are at an end when once it is
declared, either by one of the par-
ties to the dispute, or by the media-
tor himself, that the means of
reconciliation proposed by him are
not accepted.
Article VI.
Good offices and mediation,
either at the request of the parties
at variance, or on the initiative of
Powers strangers to the dispute,
have exclusively the character of
advice and never having binding
force.
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Article 7.
L'acceptation de la mediation
ne peut avoir pour effet, sauf con-
vention contraire, d'interrompre,
de retarder ou d'entraver la mobil-
isation et autres mesures pr^para-
toires k la guerre.
Si elle intervient apr^s I'ouver-
ture des hostilities, elle n'inter-
rompt paS; sauf convention con-
traire, les operations militaires en
cours.
Article 8.
Les Puissances signataires sont
d'accord pour recommander I'ap-
plication, dans les circonstances
qui le permettent, d'une, Media-
tion sp^ciale sous la forme suivante.
En cas de diff^rend grave com-
promettant la Paix, les Etats en
confiit choisissent respectivement
une Puissance k laquelle ils con-
fient la mission d'entrer en rapport
direct avec la Puissance choisie
d'autre part, k Teffet de prevenir
la rupture des relations pacifiques.
Pendant la dur^e de ce mandat
dont le terme, sauf stipulation con-
traire, ne peut exc^der trente jours,
les Etats en litige cessent tout rap-
port direct au sujet du conflit,
lequel est consider^ comme d6t6T6
exclusivement aux Puissances med-
iatrices. Celles-ci doivent appli-
quer tous leurs efforts k regler le
differend.
Een cas rupture effective des
relations pacifiques, ces Puissances
Article VII.
The acceptance of mediation can
not, unless there be an agreement
to the contrary, have the effect
of interrupting, delaying, or hinr
dering mobilization or other meas-
ures of preparation for war.
If mediation occurs after the
commencement of hostilities it
causes no interruption to the mili-
tary operations in progress, unless
there be an agreement to the con-
trary.
Article VIII.
The Signatory Powers are agreed
in recommending the application,
when circumstances allow, of spe-
cial mediation in the following
form:
In case of a serious difference
endangering the peace, the States
at variance choose respectively a
Power, to whom they intrust the
mission of entering into direct com-
munication with the Power chosen
on the other side, with the object
of preventing the rupture of pacific
relations.
For the period of this mandate,
the term of which, unless other-
wise stipulated, can not exceed
thirty days, the States in conflict
cease from all direct communica-
tion on the subject of the dispute,
which is regarded as referred ex-
clusively to the mediating Pow-
ers, who must use their best efforts
to settle it.
In case of a definite rupture of
pacific relations, these Powers are
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demeurent charg^es de la mission
commune de profiter de toute
occasion pour r^tablir la paix.
charged with the joint task of
taking advantage of any oppor-
tunity to restore peace.
TiTRB III. — Dbs Commissions In- Title III. — On International
TBRNATIONALES D'EnqUiSiTE. COMMISSIONS OF INQUIRY.
Article 9. Article IX.
Dans les litiges d'ordre inter-
national n'engageant ni I'honneur
ni des int^rfits essentiels et prove-
nant d'une divergence d'appr^cia-
tion sur des points de fait, les Puis-
sances signataires jugent utile que
les Parties qui n'auraient pu se met-
tre d' accord par les voies diplomati-
ques instituent, en tant que les cir-
constances le permettront, une
Commission internationale d'en-
qu6te charg^e de faciliter la solu-
tion de ces litiges en ^claircissant,
par un examen impartial et con-
sciencieux, les questions de fait.
Article 10.
Les Commissions intemation-
ales d'enqufite sont constitutes par
convention sp^ciale entre les Par-
ties en litige.
La convention d'enqu6te precise
les f aits k examiner et T^tendue des
pouvoirs des commissaires.
EUe r^gle la procedure.
L'enqu6te a lieu contradictoire-
ment.
La forme et les d^lais k observer,
en tant qu'ils ne sont pas fix^s par
la convention d'enqudte, sont d6ter-
min6s par la commission elle-
m6me.
In differences of an international
nature involving neither honour
nor vital interests, and arising from
a difference of opinion on points
of fact, the Signatory Powers re-
commend that the parties who
have not been able to come to
an agreement by means of diplo-
macy, should as far as circum-
stances allow, institute an Inter-
national Commission of Inquiry, to
facilitate a solution of these dif-
ferences by elucidating the facts by
means of an impartial and con-
scientious investigation.
Article X.
The International Commissions
of Inquiry are constituted by spe-
cial agreement between the parties
in conflict.
The Convention for an inquiry
defines the facts to be examined
and the extent of the Commis-
sioners' powers.
It settles the procedure.
On the inquiry both sides must
be heard.
The form and the periods to be
observed, if not stated in the in-
quiry Convention, are decided by
the Commission itself.
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Article 11.
Les Commissions internationales
d'enqufttesont formless, auf stipu-
lation contraire, de la mani^re
d^termin^e par Tarticle 32 de le
pr^nte Convention.
Abticle 12.
Les Puissances en litige s'enga-
gent k fournir k la Commission
internationale d'enqudte, dans la
plus large mesure qu'EUes juge-
ront possible, tous les moyens et
toutes les facilit^s n^cessaires pour
la connaissance complete et Tap-
pr^ciation exacte des f aits en ques-
tion.
Article 13.
La Commission internationale
d'enquSte pr^sente aux Puissances
en litige son rapport sign^ par tous
les membres de la Commission.
Article 14.
Le rapport de la Commission
Internationale d'enqu^te, limits k
la constatation des faitS; n'a nuUe-
ment le caract^re d'une sentence
arbitrale. II laisse aux Puissances
en litige une enti^re liberty pour la
suite k donner k cette constatation.
Article XI.
The International Commissions
of Inquiry are formed, unless other-
wise stipulated, in the manner
fixed by Article XXXII of the
present convention.
Article XII.
The powers in dispute engage
to supply the International Com-
mission of Inquiry, as fully as
they may think possible, with all
means and facilities necessary to
enable it to be completely acquain-
ted with and to accurately under-
stand the facts in question.
Article XIII.
The International Commission
of Inquiry communicates its Re-
port to the conflicting Powers,
signed by all the members of the
Commission.
Article XIV.
The report of the International
Commission of Inquiry is limited
to a statement of facts, and has in
no way the character of an Arbi-
tral Award. It leaves the con-
flicting Powers entire freedom as
to the effect to be given to this
statement.
Tttre IV. — De l' Arbitrage In-
ternational.
Chapitre I. — De la Justice Arbi-
trale,
Article 15.
L'arbitrage international a pour
objet le r^glement de litiges entre
Title IV. — On International
Arbitration.
Chapter I. — On the System of
Arbitration.
Article XV.
International arbitration has for
its object the settlement of differ-
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les Etats pardes juges de leus choix
et sur la base du respect du droit.
Article 16.
Dans les questions d'ordre juii-
dique, et en premier lieu dans les
questions d'interpr^tation ou d'ap-
plication des conventions intema-
tionales, I'arbitrage est reconnu
par les Puissances signataires com-
me le moyen le plus efficace et en
m6me temps le plus Equitable de
r^gler les litiges qui n'ont pas 6t6
r6soIus par les voies diplomatiques.
Article 17.
La convention d'arbitrage est
conclue pour des contestations
d6]k n6es ou pour des contestations
^ventuelles.
Elle peut concemer tout litige
ou seulement les litiges d'une cat^
gorie d^termin^e.
Article 18.
La convention d'arbitrage impli-
que Tengagement de se soumettre
de bonne foi k la sentence arbitrale.
Article 19.
Ind^pendamment des trait^s g6n-
4raux ou particuliers qui stipu-
lent actuellement Tobligation du
recours k Tarbitrage pour les Puis-
sances signataires, ces Puissances
se r6servent de condure, soit avant
la ratification du pr^nt Acte, soit
po6t6rieurement; des accords nou-
veaux, g^n^reaux ou particulierS;
en vue d'^tendre I'arbitrage obli-
gatoire k tous les cas qu'EIles
jugeront possible de lui soumettre.
ences between States by judges of
theirown choice, and on the basis of
respect for law.
Article XVI.
In questions of a legal nature,
and especially in the inteipreta-
tion or application of International
Conventions, arbitration is recog-
nized by the Signatory Powers as
the most effective, and at the same
time the most equitable, means of
settling disputes which diplomacy
has failed to settle.
Article XVII.
The Arbitration Ck)nvention is
concluded for questions already ex-
isting or for questions which may
arise eventually.
It may embrace any dispute or
only disputes of a certain category.
Article XVIII.
The Arbitration Convention im-
plies the engagement to submit loy-
ally to the Award.
Article XIX.
Independently of general or pri-
vate Treaties expressly stipulating
recourse to arbitration as obliga-
tory on the Signatory Powers,
these Powers reserve to themselves
the right of concluding, either
before the ratification of the pres-
ent Act or later, new Agreements,
general or private, with a view to
extending obligatory arbitration
to all cases which they may con-
sider it possible to submit to it.
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Chapitrb II. — De la Cour Permor
nenie d' Arbitrage.
Article 20.
Dans le but de f aciliter le re-
cours imm^diat k I'arbitrage pour
les diff^rends intemationaux qui
n'ont pu 6tre r^gl^s par la voie
diplomatique, les Puissances sig-
nataires s'engagent k organiser une
Cour permanente d' arbitrage, ac-
cessible en tout temps et fonction-
nant, sauf stipulation contraire des
Parties, conform^ment aux Ragles
de procedure ins^r^es dans la pr6-
sente Ck)nvention.
Article 21.
La Cour permanente sera com-
p^tente pour tous les cas d'arbi-
trage, & moins qu'il n'y ait entente
entre les Parties pour I'^tablisse-
ment d'une juridiction sp^ciale.
Article 22.
Un Bureau international ^tabli
k la Haye sert de greffe k la Cour.
Ce Bureau est I'interm^diaire
des communications relatives aux
reunions de celle-ci.
II a la garde des archives et la
gestion de toutes les affairs admin-
istratives.
Les Puissances signataires s'en-
gagent k communiquer au Bureau
international de La Haye une copie
certifi^e conforme de toute stipu-
lation d' arbitrage intervenue entre
elles et de toute sentence arbitrale
les concemant et rendue par des
juridictions sp^ciales.
Chapter II. — On the Permanent
Court of Arbitraiion.
Article XX.
With the object of facilitating
an immediate recourse to arbitra-
tion for international differences,
which it has not been possible to
settle by diplomacy, the Signatory
Powers undertake to organize a
permanent Court of Arbitration,
accessible at all times and oper-
ating, unless otherwise stipulated
by the parties, in accordance with
the Rules of Procedure inserted in
the present Convention.
Article XXI.
The Permanent Court shall be
competent for all arbitration cases,
unless the parties agree to institute
a special Tribunal.
Article XXII.
An International Bureau, estab-
lished at The Hague, serves as
record oflEice for the Court.
This Bureau is the channel for
communications relative to the
meetings of the Court.
It hSs the custody of the ar-
chives and conducts all the admin-
istrative business.
The Signatory Powers under-
take to communicate to the Inter-
national Bureau at The Hague a
duly certified copy of any condi-
tions of arbitration arrived at
between them, and of any award
concerning them delivered by spe-
cial Tribunals.
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EUes s'engagent k communiquer
de m6me au Bureau, les lois, rfegle-
ments et documents constatant
^ventuellement Tex^cution des sen-
tences rendues par la Cour.
Article 23.
Chaque Puissance signataire d^
signera, dans les trois mois qui
suivTont la ratification par elle du
present acte, quatre personnes au
plus, d'une competence reconnue
dans les questions de droit inter-
national, jouissant de la plus haute
consideration morale et dispos^es
k accepter les fonctions d'arbitres.
Les personnes ainsi designees
seront inscrites, au titre de mem-
bres de la Cour, sur une liste qui
sera notifi^eil toutes les Puissances
signataires par les soins du Bu-
reau.
Toute modification k la liste des
arbitres est port^e, par les soins du
Bureau, k la connaissance des
Puissances signataires.
Deux ou plusieurs Puissances
peuvent s'entendre pour la desig-
nation en commun d'un ou de
plusieurs membres.
La mSme personne pent 6tre
designee par des Puissances dif-
ferentes.
Les membres de la Cour sont
nommes pour un terme de six ans.
Leur mandat pent 6tre renouveie.
En cas de dec^s ou de retraite
d'un membre de la Cour, il est
pourvu k son remplacement selon
le mode fixe pour sa nomination.
They undertake also to com-
municate to the Bureau the Laws,
Regulations, and documents even-
tually showing the execution of the
awards given by the Court.
Article XXIII.
Within the three months fol-
lowing its ratification of the pres-
ent Act, each Signatory Power
shall select four persons at the
most, of. known competency in
questions of international law, of
the highest moral reputation, and
disposed to accept the duties of
Arbitrators.
The persons thus selected shall
be inscribed, as members of the
Court, in a list which shall be noti-
fied by the Bureau to all the Signa-
tory Powers.
Any alteration in the list, of
Arbitrators is brought by the Bu-
reau to the knowledge of the Sig-
natory Powers.
Two or more Powers may agree
on the selection in common of one
or more Members.
The same person can be selected
by different Powers.
The Members of the Court are
appointed for a term of six years.
Their appointments can be re-
newed.
In case of the death or retire-
ment of a member of the Court,
his place shall be filled in accord-
ance with the method of his ap-
pointment.
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Article 24.
Lorsque les Puissances signa-
taires veulent s'adresser k la Cour
permanente pour le rtglement d'un
diff^rend survenu entre elles, le
choix des arbitres appel^s k former
le Tribunal competent pour stat-
uer sur ce diff^rend, doit 6tre fait
dans la liste g^n^rale des mem-
bres de la Cour.
A d6faut de constitution du
Tribunal arbitral par Taccord im-
m^diat des Parties, il est proc^d^
de la mani^re suivante:
Chaque Partie nomme deux
arbitres et ceux-ci choisissent en-
semble un surarbitre.
En cas de partage des voix, le
choix de surarbitre est confix k une
Puissance tierce, d^sign^e de com-
mun accord par les Parties.
Si Taccord ne s'^tablit pas k ce
sujet, chaque Partie d^signe une
Puissance diff^rente et le choix du
surarbitre est fait de concert par
les Puissances ainsi d^sign^es.
Le Tribunal 6tant ainsi com-
post, les parties notifient au Bu-
reau leur decision de s'adresser k
la Cour et les noms des arbitres.
Le Tribunal arbitral se r^unit k
la date fix6e par les Parties.
Les membres de la Cour, dans
Texercice de leurs fonctions et en
dehors de leur Pays, jouissent des
privileges et immunit^s diplomati-
ques.
Article XXIV.
When the Signatory Powers de-
sire to have recourse to the Per-
manent Court for the settlement
of a difference that has arisen be-
tween them, the Arbitrators called
upon to form the competent Tribu-
nal to decide this difference, must
be chosen from the general list of
members of the Court.
Failing the direct agreement of
the parties on the composition of
the Arbitration Tribunal, the fol-
lowing course shall be pursued:
Each party appoints two Arbi-
trators, and these together choose
an Umpire.
If the votes are equal, the choice
of the Umpire is intrusted to a
third Power, selected by the par-
ties by common accord.
If an agreement is not arrived
at on this subject, each party
selects a different Power, and the
choice of the Umpire is made in
concert by the Powers thus se-
lected.
The Tribunal being thus com-
posed, the parties notify to the
Bureau their determination to
have recourse to the Court and
the names of the Arbitrators.
The Tribunal of Arbitration
assembles on the date fixed by the
parties.
The Members of the Court, in
the discharge of their duties and
out of their own country, enjoy
diplomatic privileges and immu-
nities.
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THE AMERTCAN JOUBNAL OF INTEBNATIONAL LAW
Article 25.
Le Tribunal arbitral sifege d'or-
dinaire k la Haye.
Le siige ne peut, sauf le cas de
force majeure, £tre charge par le
Tribunal que de Tassentiment des
Parties.
Article 26.
Le Bureau international de la
Haye est autoris^ k mettre ses
locaux et son organisation 6 la
disposition des Puissances signa-
taires pour le fonctionnement de
toute juridiction sp^ciale d'arbi-
trage.
La juridiction de la Cour per-
manente pent Stre ^tendue, dans
les conditions prescrites par les
lUglements, aux litiges existant
entre des Puissances non signa-
taires ou entre des Puissances
signataires, et des Puissances non
signataires, si les Parties sont
convenues de recourir k cette juri-
diction.
Abticlb 27.
Le Puissances signataires con-
sid^rent comme un devoir, dans
le cas oti un conflit aigu menacer-
ait d'6clater entre deux ou plu-
sieurs d'entre Elles, de rappeler k
celles-ci que la Cour permanente
leur est ouverte.
En consequence, EUes d6clarent
que le fait de rappeler aux Parties
en conflit les dipositions de la
pr^sente Convention, et le conseil
donn^, dans rint6r6t sup^rieur de
la paix, de s'adresser k la Cour per-
Article XXV.
The Tribunal of Arbitration has
its ordinary seat at The Hague.
Except in cases of necessity, the
place of session can only be altered
by the Tribunal with the assent
of the parties.
Article XXVI.
The International Bureau at
The Hague is authorized to place
its premises and its staff at the
disposal of the Signatory Powers
for the operations of any special
Board of Arbitration.
The jurisdiction of the Perma-
nent Court, may, within the con-
ditions laid down in the Regula-
tions, be extended to disputes be-
tween non-Signatory Powers, or
between Signatory Powers and
non-Signatory Powers, if the par-
ties are agreed on recourse to this
Tribunal.
Article XXVII.
The Signatory Powers consider
it their duty, if a serious dispute
threatens to break out between
two or more of them, to remind
these latter that the Permanent
Court is open to them.
Consequently, they declare that
the fact of reminding the con-
flicting parties of the provisions of
the present Convention, and the
advice given to them, in the
highest interests of peace, to have
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manente ne peuvent 6tre consid- recourse to the Permanent Court,
6t68 que comme actes de Bona can only be regarded as friendly-
Offices, actions.
Article 28.
Un Gonseil administratif per-
manent compost des repr^sen-
tants diplomatiques des Puissances
signataires accr^dit^s k la Haye et
du Ministre des Affaires Etran-
g^res des Pays-Bas qui remplira
les fonctions de President, sera
constitu6 dans cette ville le plus
tdt possible aprfts la ratification du
present Acte par neuf Puissances
au moins.
Ce Gonseil sera charge d'6tablir
et d'organiser le Bureau interna-
tional, lequel demeurera sous sa
direction et sous son contrdle.
II notifiera aux Puissances la
constitution de la Cour et pour-
voira k Finstallation de celle-ci.
II arrfitera son rfeglement d'ordre
ainsi que tons autres riglements
n^cessaires.
II d^cidera toutes les questions
administratives qui pourraient sur-
gir touchant le fonctionnement de
la Cour.
II aura tout pouvoir quant k la
nomination, la suspension ou la
revocation des fonctionnaires et
employ^ du Bureau.
II fixera les traitements et sa-
laires et contrdlera la d^pense
g^n^rale.
La pr^ence de cinq membres
dans les reunions diiment con-
voqu^es suffit pour permettre au
Article XXVIII.
A Permanent Administrative
Council, composed of the Diplo-
matic Representatives of the Sig-
natory Powers accredited to The
Hague and of the Netherland Min-
ister for Foreign Affairs, who will
act as President, shall be insti-
tuted in this town as soon as possi-
ble after the ratification of the
present Act by at least nine Powers.
This Council will be charged
with the establishment and organ-
ization of the International Bu-
reau, which will be under its direc-
tion and control.
It will notify to the Powers the
constitution of the Court and will
provide for its installation.
It will settle its Rules of Pro-
cedure and all other necessary
Regulations.
It will decide all questions of
administration which may arise
with regard to the operations of
the Court.
It will have entire control over
the appointment, suspension or
dismissal of the officials and em-
ployes of the Bureau.
It will fix the payments and sal-
aries, and control the general ex-
penditure.
At meetings duly summoned the
presence of five members is suffi-
cient to render valid the discus-
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THE AMEBICAN JOURNAL OF INTERNATIONAL LAW
Gonseil de d61ib6rer valablement.
Les decisions sont prises k la ma-
jority des voix.
Le Gonseil communique sans
d^lai aux Puissances signataires
les r&glements adopt^s par lui. II
leur adresse chaque ann^e un rap-
port sur les travaux de la Cour, sur
le fonctionnement des services ad-
ministratifs et sur les d^penses.
Article 29.
Les frais du Bureau seront sup-
ports par les Puissances signa-
taires dans la proportion ^tablie
pour le Bureau international de
rUnion postale universelle.
sions of the Council. The decisions
are taken by a majority of votes.
The Council communicates to
the Signatory Powers without
delay the Regulations adopted by
it. It furnishes them with an
annual Report on the labours of
the Court, the working of the
administration, and the expenses.
Article XXIX.
The expenses of the Bureau
shall be borne by the Signatory
Powers in the proportion fixed for
the International Bureau of the
Universal Postal Union.
Chapitrb III. — De la Procedure
ArbUrale.
Article 30.
En vue de favoriser 1 d^velop-
pement de Tarbitrage, les Puis-
sances signataires ont arr6t£ les
regies suivantes qui seront appli-
cables k la procedure arbitrale, en
tant que les Parties ne sont pas
convenues d'autres regies.
Article 31.
Les Puissances qui recourent k
Tarbitrage signent un acte special
(compromis) dans lequel sont net-
tement d^termin^s Tobjet du litige
ainsi que T^tendue des pouvoirs
des arbitres. Cet acte implique
Tengagement des Parties de se
soumettre de bonne foi k la sen-
tence arbitrale.
Chapter III. — On Arbitral Pro-
cedure.
Article XXX.
With a view to encourage, the
development of arbitration, the
Signatory Powers have agreed on
the following Rules which shall be
applicable to arbitral procedure,
unless other rules have been agreed
on by the parties.
Article XXXI.
The Powers who have recourse
to arbitration sign a special Act
("Compromis*'), in which the sub-
ject of the difference is clearly
defined, as well as the extent of the
Arbitrators' powers. This Act im-
plies the undertaking of the parties
to submit loyally to the award.
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Article 32.
Les fonctions arbitrates peuvent
6tre conf^r^es k un arbitre unique
ou k plusieurs arbitres d^sign^s
par les Parties k leur gr^, ou choisis
par EUes parmi les membres de la
Cour permanente d'arbitrage £tab-
lie par le present Acte.
A d6faut de constitution du Tri-
bunal par Taccord imm^diat des
Parties, il est proc4d6 de la ma-
ni^re suivante:
Chaque Partie nomme deux ar-
bitres et ceux-ci choisissent ensem-
ble un surarbitre.
En cas de partage des voix, le
choix de surarbitre est confix k une
Puissance tierce, d^sign^e de com-
mun accord par le Parties.
Si Taccord ne s'6tablit pas k ce
sujet, chaque Partie d^signe une
Puissance diff^rente et le choix du
surarbitre est fait de concert par
les Puissances ainsi d^sign^es.
Articlb 33.
Lorsqu'un Souverain ou un Chef
d'Etat est choisi pour arbitre, la
procedure arbitrate est r£gl6e par
Lui.
Article 34.
Le surarbitre est de droit Pre-
sident du Tribunal.
Lorsque le Tribunal ne com-
prend pas de surarbitre il nomme
lui-m6me son pr^ident.
Article 35.
En cas de d^c^s, de demission
ou d'emp6chement; pour quelque
Article XXXII.
The duties of Arbitrator may be
conferred on one Arbitrator alone
or on several Arbitrators selected
by the parties as they please, or
chosen by them from the members
of the Permanent Court of Arbi-
tration established by the present
Act.
Failing the constitution of the
Tribunal by direct agreement be-
tween the parties, the following
course shall be pursued:
Each party appoints two arbi-
trators, and these latter together
choose an Umpire.
In case of equal voting, the
choice of the Umpire is intrusted
to a third Power, selected by the
parties by common accord.
If no agreement is arrived at on
this subject, each party selects a
different Power, and the choice of
the Umpire is made in concert by
the Powers thus selected.
Article XXXIII.
When a Sovereign or the Chief of
a State is chosen as Arbitrator, the
arbitral procedure is settled by
him.
Article XXXIV.
The Umpire is by right Presi-
dent of the Tribunal.
When the Tribunal does not m-
clude an Umpire, it appoints its
own President.
Article XXXV.
In case of the death, retirement,
or disability from any cause of one
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THE AMERICAN JOURNAL OF INTERNATIONAL LAW
cause que ce soit, de Tun des arbi-
tres, il est pourvu k son remplace-
ment selon le mode fix6 pour sa
nomination.
Article 36.
Le si^ge du Tribunal est d6sign6
par les Parties. A d^faut de cette
designation le Tribunal si^ge & la
Haye.
Le si^ge ainsi 6x6 ne pent, sauf
le cas de force majeure, 6tre change
par le Tribunal que de I'assentiment
des Parties.
Article 37.
Les Parties ont le droit de nom-
mer auprte du Tribunal des d6l6-
gu^s ou agents sp6ciaux, avec la
mission de servir d'interm^diaires
entre Elles et le Tribunal.
EUes sont en outre autoris^es k
charger de la defense de leurs
droits et int6r6ts devant le Tribu-
nal; des conseils ou avocats nom-
m4s par Elles k cet effet.
Article 38.
Le tribunal decide du choix des
langues dont il fera usage et dont
I'emploi sera autoris^ devant lui.
Article 39.
La proc^ure arbitrate comprend
en r&gle g^n^rale deux phases dis-
tinctes: T instruction et les d^bats.
L'instruction consiste dans la
communication faite par les agents
respectifs, aux membres du Tribu-
nal et k la Partie adverse, de tous
of the Arbitrators, his place shall
be filled in accordance with the
method of his appointment.
Article XXXVI.
The Tribunal's place of session
is selected by the parties. Failing
this selection the Tribunal sits at
The Hague.
The place thus fixed can not,
except in case of necessity, be
changed by the Tribunal without
the assent of the parties.
Article XXXVII.
The parties have the right to
appoint delegates or special agents
to attend the Tribunal, for the pur-
pose of serving as intermediaries
between them and the Tribunal.
They are further authorized to
retain, for the defense of their
rights and interests before the Tri-
bunal, counsel or advocates ap-
pointed by them for this purpose.
Article XXXVIII.
The Tribunal decides on the
choice of languages to be used by
itself, and to be authorized for use
before it.
Article XXXIX.
As a general rule the arbitral
procedure comprises two distinct
phases; preliminary examination
and discussion.
Preliminary examination con-
sists in the communication by the
respective agents to the members
of the Tribunal and to the oppo-
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actes imprimis ou Merits et de tous
documents contenant les moyens
invoqu^ dans la cause. Cette
communication aura lieu dans la
forme et dans les d^lais d^termin^s
par le Tribunal en vertu de Tarticle
19.
Les d^bats consistent dans le d6-
veloppement oral des moyens des
Parties devant le Tribunal.
Article 40.
Toute pi^ce produite par Tune
des Parties doit 6tre communi-
qu6e k I'autre Partie.
Article 41.
Les d^bats sont dirigfe par Pres-
ident.
lis ne sont publics qu'en vertu
d'une decision du Tribunal, prise
avec I'assentiment des Parties.
lis sont consign^s dans des pro-
cfes-verbaux r^dig^s par des secre-
taires que nomme le President.
Ces proc^s-verbaux ont seuls car-
act^re authentique.
Article 42.
L'instruction 6tant close, le Tri-
bunal a le droit d'^carter du d^bat
tous actes ou documents nou-
veaux qu'une des Parties voudrait
lui soumettre sans le consente-
ment de I'autre.
Article 43.
Le Tribunal demeure librede
prendre en consideration les actes
ou documents nouveaux sur les-
quels les agents ou conseils des
Parties appelleraient son attention.
site party of all printed or written
Acts and of all documents contain-
ing the arguments invoked in the
case. This communication shall be
made in the form and within the
periods fixed by the Tribunal in
accordance with Article XLIX.
Discussion consists in the oral
development before the Tribunal
of the arguments of the parties.
Article XL.
Every document produced by
one party must be communicated
to the other party.
Article XLI.
The discussions are under the
direction of the President.
They are only public if it be so
decided by the Tribunal, with the
assent of the parties.
They are recorded in the procis-
verbaux drawn up by the Secre-
taries appointed by the President.
These jfTocks-verhaux alone have an
authentic character.
Article XLII.
When the preliminary exami-
nation is concluded, the Tribunal
has the right to refuse discussion of
all fresh Acts or documents which
one party may desire to submit to
it without the consent of the other
party.
Article XLIII.
The Tribunal is free to take into
consideration fresh Acts or docu-
ments to which its attention may
be drawn by the agents or counsel
of the parties.
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THE AMERICAN JOURNAL OP INTERNATIONAL LAW
En ce caS; le Tribunal a le droit
de requ6rir la production de ces
actes ou documents, sauf Tobliga-
tion d'en doimer connaissance k
la Partie adverse.
Article 44.
Le Tribunal peut, outre, requ6-
rir des agents des Parties la pro-
duction de tous actes et demander
toutes explications n^cessaires.
En cas de refus le Tribunal en
prend acte.
Article 45.
Les agents et les conseils des
Parties sont autoris^s k presenter
oralement au Tribunal tous les
moyens qu'ils jugent utiles k la
defense de leur cause.
Article 46.
lis ont le droit de soulever des
exceptions et incidents. Les de-
cisions du Tribunal sur ces points
sont definitives et ne peuvent don-
ner lieu k aucune discussion ult^-
rieure.
Article 47.
Les membres du Tribunal ont le
droit de poser des questions aux
agents et aux conseils des Parties
et de leur demander des 6claircis-
sements sur les points douteux.
Ni les questions poshes, ni les
observations faites par les membres
du Tribimal pendant le cours des
debats ne peuvent 6tre regard^es
comme Texpression des opinions
du Tribunal en g6n6ral ou de ses
membres en particulier.
In this case, the Tribunal has
the right to require the production
of these Acts or documents, but is
obliged to make them known to
the opposite party.
Article XLIV.
The Tribunal can, besides, re-
quire from the agents of the parties
the production of all Acts, and can
demand all necessary explanations.
In case of refusal, the Tribunal
takes note of it.
Article XLV.
The agents and counsel of the
parties are authorized to present
orally to the Tribunal all the argu-
ments they may think expedient
in defence of their case.
Article XL VI.
They have the right to raise
objections and points. The de-
cisions of the Tribunal on those
points are final, and can not form
the subject of any subsequent dis-
cussion.
Article XLVII.
The members of the Tribunal
have the right to put questions to
the agents and counsel of the par-
ties, and to demand explanations
from them on doubtful points.
Neither the questions put nor
the remarks made by members of
the Tribunal during the discus-
sions can be regarded as an expres-
sion of opinion by the Tribunal in
general, or by its members in parti-
cular.
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Abticlb 48.
Le Tribunal est autoris^ k de-
terminer sa competence en inter-
pretant le compromis ainsi que les
autres trait^s qui peuvent 6tre
Lnvoques dans la mati^re, et en
appliquant les principes du droit
international.
Abticlb 49.
Le Tribunal a le droit de rendre
des ordonnances de procedure pour
la direction du procfes, de deter-
miner les formes et deiais dans les-
quels chaque Partie devra prendre
ses conclusions et de proc^der k
toutes les formalites que comporte
Tadministration des preuves.
Abticlb 50.
Les agents et les conseils des
Parties ayant presents tons les
edaircissements et preuves k Tap-
pui de leur cause, le President pro-
nonce la cl6ture des debats.
Article 51.
Les deliberations du Tribunal
ont lieu k huis clos. Toute deci-
sion est prise k la majorite des
membres du Tribunal.
Le refus d'un membre de pren-
dre part au vote doit 6tre constate
dans le proc^s-verbal.
Article 52.
La sentence arbitrale, votee k la
majorite des voix, est motivee.
EUe est redigee par ecrit et signee
par chacun des membres du Tri-
bunal.
Article XLVIII.
The Tribunal is authorized to
declare its competence in inter-
preting the "Compromis" as well
as the other Treaties which may be
invoked in the case, and in apply-
ing the principles of international
law.
Article XLIX.
The Tribunal has the right to
issue Rules of Procedure for the
conduct of the case, to decide the
forms and periods within which each
party must conclude its arguments,
and to arrange all ibhe formalities
required for dealing with the evi-
dence.
Article L.
When the agents and counsel, of
the parties have submitted all
explanations and evidence in sup-
port of their case, the President
pronounces the discussion closed.
Article LI.
The deliberations of the Tribu-
nal take place in private. Every
decision is taken by a majority of
members of the Tribunal.
The refusal of a member to vote
must be recorded in the procba-
verbal.
Article LII.
The award, given by a majority
of votes, is accompanied by a
statement of reasons. It is drawn
up in writing and signed by each
member of the Tribunal.
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Ceux des membres qui sont
rest^s en minority peuvent cons-
tater, en signant, leur dissenti-
ment.
Article 53.
La sentence arbitrate est lue en
stance publique du Tribunal, les
agents et les conseils de Parties
presents ou dtiment appel6s.
Article 54.
La sentence arbitrate, dtiment
prononc^e et notifi^e aux agents
des Parties en litige decide d^fini-
tivement et sans appel la contesta-
tion.
Article 55.
Les Parties peuvent se r^server
dans le compromis de demander la
revision de la sentence arbitrate.
Dans ce cas et sauf convention
contraire, la demande doit 6tre
adress^e au Tribunal qui a rendu
la sentence. EUe ne pent 4tre
motivteque par lad^couverte d'un
fait nouveau qui edt €t6 de nature
k exercer une influence decisive sur
la sentence et qui, lors de la cl6ture
des d^bats, 6tait inconnu du tribu-
nal lui-m^me et de la Partie qui a
demand^ la revision.
La procedure de revision ne pent
6tre ouverte que par une decision
du Tribunal constatant express6-
ment I'existence du fait nouveau,
lui reconnaissant les caract^res pr^-
vus par le paragraphe pr6c6dent et
declarant It ce titre la demande
recevable.
Those members who are in the
minority may record their dissent
when signing.
Article LIII.
The award is read out at a pub-
lic meeting of the Tribunal, the
agents and counsel of the parties
being present, or duly summoned
to attend.
Article LIV.
The award, duly pronounced
and notified to the agents of the
parties at variance, puts an end to
the dispute definitely and without
appeal.
Article LV.
The parties can reserve in the
"Compromis" the right to demand
the revision of the award.
In this case, and unless there be
an agreement to the contrary, the
demand must be addressed to the
Tribunal which pronounced the
award. It can only be made on
the ground of the discovery of
some new fact calculated to exer-
cise a decisive influence on the
award, and which, at the time the
discussion was closed, was unknown
to the Tribunal and to the party
demanding the revision.
Proceedings for revision can only
be instituted by a decision of the
Tribunal expressly recording the
existence of the new fact, recog-
nizing in it the character described
in the foregoing paragraph, and
declaring the demand admissible
on this ground.
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Le compromis determine le d^lai
dans lequel la demande de revision
doit etre form^e.
Article 56.
La sentence arbitrale n'est obli-
gatoire que pour les Parties qui ont
conclu le compromis.
Lorsqu'il s'agit de Tinterpr^ta-
tion d'une convention k laquelle
ont particip^ d'autres Puissances
que les Parties en litige, celles-ci
notifient aux premieres le compro-
mis qu'elles out conclu. Chacune
de ces Puissances a le droit d'in-
tervenir au proems. Si une ou plu-
sieurs d'entre elles ont profits de
cette faculty, I'interpr^tation con-
tenue dans la sentence est ^gale-
ment obligatoire k leur 6gard.
Article 67.
Chaque Partie supporte ses pro-
pres frais et une part 6gale des frais
du Tribunal.
The "Compromis" fixes the
period within which the demand
for revision must be made.
Article LVI.
The award is only binding on
the parties who concluded the
"Compromis."
When there is a question of in-
terpreting a Convention to which
Powers other than those concerned
in the dispute are parties, the lat-
ter notify to the former the "Com-
promis" they have concluded.
Each of these Powers hasthe right
to intervene in the case. If one
or more of them avail themselves
of this right, the interpretation
contained in the award is equally
binding on them.
Article LVII.
Each party pays its own ex-
penses and an equal share of those
of the Tribunal.
DiaposUiona gSniralea.
Article 58.
Lap r^sente Convention sera rati-
6Ae dans le plus bref d^lai possible.
Les ratifications seront d6pos6e8
k la Haye.
II sera dress4 du d6p6t de chaque
ratification un proc6s-verbal, dont
une copie, certifi^e conforme, sera
remise par la voie diplomatique k
toutes les Puissances, qui ont 6t6
representees It la Conference Inter-
nationale de la Paix de la Haye.
Oeneral provisions.
Article LVIII.
The present Convention shall be
ratified as speedily as possible.
The ratifications shall be depos-
ited at The Hague.
A prods-verbal shall be drawn up
recording the receipt of each rati-
fication, and a copy duly certified
shall be sent, through the diplo-
matic channel, to all the Powers
who were represented at the Inter-
national Peace Conference at The
Hague.
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Article 59.
Les Puissances non signataires
qui ont 6t6 representees k la Con-
ference Internationale de la Paix
pourront adherer k la pr^sente
Convention. EUes auront k cet
efFet k f aire connattre leur adhesion
aux Puissances contractantes, au
moyen d'une notification ecrite^
adressee au Gouvernement des
Pa3rs>Bas et communiquee par
celui-ci k toutes les autres Puis-
sances contractantes.
Article 60.
Les conditions auxquelles les
Puissances qui n'ont pas 6t6 rep-
resentees k la Conference Inter-
nationale de la PaiXy pourront
adherer k la presente Convention,
formeront Tobjet d'une entente
ulterieure entre les Puissances con-
tractantes.
Article 61.
S'il arrivait qu'une des Hautes
Parties contractantes denon^At la
presente Convention, cette denon-
ciation ne produirait ses effets
qu'un an apris la notification faite
par ecrit au Gouvernement des
Pays-Bas et communiquee imme-
diatement par celui-ci k toutes les
autres Puissances contractantes.
Cette denonciation ne produira
ses effets qu'k regard de la Puis-
sance qui Taura notifiee.
En foi de quoi les, Pienipoten-
tiaires ont signe la presente Con-
vention et Tout revetue de leurs
sceaux.
Article LIX.
The non-Signatory Powers who
were represented at the Interna-
tional Peace Conference can ad-
here to the present Convention.
For this purpose they must make
known their adhesion to the Con-
tracting Powers by a written noti-
fication addressed to the Nether-
lands Government, and communi-
cated by it to all the other Con-
tracting Powers.
Article LX.
The conditions on which the
Powers who were not represented
as the International Peace Con-
ference can adhere to the present
Convention shall form the subject
of a subsequent Agreement among
the Contracting Powers.
Article LXI.
In the event of one of the High
Contracting Parties denouncing
the present Convention, this de-
nunciation would not take effect
until a year after its notification
made in writing to the Nether-
lands Government, and by it com-
municated at once to all the other
Contracting Powers.
This denunciation shall only
affect the notifying Power.
In faith of which the Plenipoten-
tiaries have signed the present
Convention and affixed their seals
to it.
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Fait k la Haye, le vingt-neuf
juillet mil huit cent quatre-vingt
dix-neuf, en un seul exemplaire
qui restera d^pos^ dans les archives
du Gouvernement des Pa3r8-Bas
et dont des copies, certifi^es con-
formes, seront remises par la voie
diplomatique aux Puissances con-
tractantes.
[Signatures.]
Done at The Hague, the 29th
July, 1899, in a single copy, which
shall remain in the archives of
the Netherlands Government, and
copies of it, duly certified, be sent
through the diplomatic channel to
the Contracting Powers.
[Signatures.]
[The United States signed under reservation of the following declara-
tion:
"Nothing contained in this convention shall be so construed as to
require the United States of America to depart from its traditional
poUcy of not intruding upon, interfering with, or entangling itself in
the political question of policy or internal administration of any for-
eign state; nor shall anything contained in the said convention be con-
strued to imply a reUnquishment by the United States of America of
its traditional attitude toward purely American questions.'*]
[Tbamblation.]
Convention Concemant les Lois Convention wUh respect to the Laws
et CoiUumee de la Guerre eur and Customs of War on Land
Terre
Sa Majesty TEmpereur d'AUe-
magne, Roi de Prusse; Sa Majesty
I'Empereur d'Autriche, Roi de
Boh^me etc. et Roi Apostolique
de Hongrie; Sa Majesty le Roi de
Beiges; Sa Majesty le Roi de Dane-
mark; Sa Majesty le Roi d'Espagne
et en Son Nom Sa Majesty la
Reine-R^gente du Royaume; le
President des Etats-Unis d'Am^r-
ique; le Pr&ident des Etats-Unis
Mexicains; le President de la R6-
publique Francaise; Sa Majesty la
Reine du Royaume-Uni de la
His Majesty the Emperor of
Germany, King of Prussia; His
Majesty the Emperor of Austria,
King of Bohemia etc., and Apos-
toUc King of Hungary; His Ma-
jesty the King of the Belgians; His
Majesty the King of Denmark;
His Majesty the King of Spain and
in His Name Her Majesty the
Queen Regent of the Kingdom;
the President of the United States
of America; the President of the
United Mexican States; the Presi-
dent of the French Republic; Her
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Grande Bretagne et d'Irlande;
Imp^ratrice des Indes; Sa Majesty
le Roi des Hellenes; Sa Majesty
le Roi d'ltalie; Sa Majesty TEm-
pereur du Japon; Son Altesse
Royale le Grand-Due de Luxem-
bourg, Duo de Nassau; Son Al-
tesse le Prince de Mont^n6gro;
Sa Majesty la Reine des Pays-Bas;
Sa Majesty Imp^riale le Schah de
Perse; Sa Majesty le Roi de Portu-
gal et des Algarves etc.; Sa Ma-
jest^ le Roi de Roumanie; Sa
Majesty TEmpereur de Toutes
les Russies; Sa Majesty le Roi
de Serbie; Sa Majesty le Roi de
Siam; Sa Majesty le Roi de SuMe
et de Norv^ge; Sa Majesty TEm-
pereiu* des Ottomans et Son Altesse
Royale le Prince de Bulgarie
Consid6rant que, tout en re-
cherchant les moyens de sauve-
garder la paix et de pr^venir les
conflicts arm^s entre les nations, il
importe de se pr6occuper ^gale-
ment du cas oil Tappel aux armes
serait amen6 par des ^v^nements
que Leur solUcitude n'aurait pu
d^toumer;
Animfe du d6sir de servir en-
core, dans cette hypothftse ex-
treme, les int^r^ts de Thumanit^
et les exigences toujours progres-
sives de la civilisation;
Estimant qu'il importe, k cette
fin, de reviser les lois et coutumes
g^n^rales de la guerre, soit dans le
but de les d^finir avec plus de pr6-
Majesty the Queen of the United
Kingdom of Great Britain and
Ireland, Empress of India; His
Majesty the King of the Hellenes;
His Majesty the King of Italy; His
Majesty the Emperor of Japan;
His Royal Highness the Grand
Duke of Luxemburg, Duke of
Nassau; His Highness the Prince
of Montenegro; Her Majesty the
Queen of the Netherlands; His
Imperial Majesty the Shah of
Persia; His Majesty the King of
Portugal and of the Algarves etc.
His Majesty the Kingof Roumania;
His Majesty the Emperor of all
the Russias; His Majesty the
King of Servia; His Majesty the
King of Siam; His Majesty the
King of Sweden and Norway; His
Majesty the Emperor of the Otto-
mans and His Royal Highness the
Prince of Bulgaria.
Considering that, while seeking
means to preserve peace and pre-
vent armed conflicts among na-
tions, it is Ukewise necessary to
have regard to cases where an ap-
peal to arms may be caused by
events which their solicitude could
not avert;
Animated by the desire to serve,
even in this extreme hypothesis,
the interests of humanity and the
ever increasing requirements of
civilization;
Thinking it important, with this
object, to revise the laws and gen-
eral customs of war, either with
the view of defining them more
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cision, soit afin d'y tracer certaines
limites destinies k en restreindre
autant que possible les rigueurs;
S'inspirant de ces vues recom-
mand^es aujourd'hui, comme il y
a vingtH^inq ans, lors de la Con-
ference de Bruxelles de 1874, par
une sage et g6n6reu8e pr^voyance;
Ont, dans cet esprit, adopts un
grand nombre de dispositions qui
ont pour objet d^finir et de r^gler
les usages de la guerre sur terre.
Selon le vues des Hautes Par-
ties contractantes, ces dispositions,
dont la redaction a 6t6 inspir^e par
le d&sir de diminuer les maux de
la guerre, autant que les n^cessit^s
militaires le permettent, sont des-
tinies k servir de rftgle g^n^rale
de conduite aux bellig^rants, dans
leurs rapports entre eux et avec
les populations.
II n'a pas 6t6 possible toutefois
de concerter d^s maintenant des
stipulations s'^tendant k toutes les
circonstances qui se pr^sentent
dans la pratique.
D'autre part, il ne pouvait en-
trer dans les intentions des Hautes
Parties Contractantes que les cas
non pr^vus fussent, f ante de stipu-
lation ^crite, laiss6es k T apprecia-
tion arbitraire de ceux qui dirigent
les armies.
En attendant qu'un code plus
complet des lois de la guerre puisse
6tre edicts, les Hautes Parties
Contractantes jugent oppertun de
constater que, dans les cas non
precisely, or of laying down cer-
tain limits for the purpose of
modifying their severity as far as
possible;
Inspired by these views which
are enjoined at the present day, as
they were twenty-five years ago at
the time of the Brussels Confer-
ence in 1874, by a wise and gener-
ous foresight;
Have, in this spirit, adopted a
great number of provisions, the
object of which is to define and
govern the usages of war on land.
In view of the High Contracting
Parties, these provisions, the word-
ing of which has been inspired by
the desire to diminish the evils of
war so far as military necessities
permit, are destined to serve as
general rules of conduct for bellig-
erents in their relations with each
other and with populations.
It has not, however, been pos-
sible to agree forthwith on pro-
visions embracing all the circum-
stances which occur in practice.
On the other hand, it could not
be intended by the High Contract-
ing Parties that the cases not pro-
vided for should, for want of a
written provision, be left to the
arbitrary judgment of the military
Commanders.
Until a more complete code of
the laws of war is issued, the High
Contracting Parties think it right
to declare that in cases not includ-
ed in the Regulations adopted by
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compris dans les dispositions t6-
glementaires adoptees par EUes,
les populations et les bellig^rants
restent sous la sauveguarde et sous
Tempire des principes du droit des
gens, tels qu'ilsr^sultent des usages
^tablis entre nations civilis6es; des
lois de rhumanit^ et des exigences
de la conscience publique.
Elles d6clarent que c'est dans ce
sens que doivent s'entendre notam-
ment les articles un et deux du
Rftglement adopts;
Les Hautes Parties contrac-
tantes d^sirant conolure une Con-
vention k cet effet ont noinm6 pour
Leurs pl^nipotentiaires, savoir:
[Noms]
Lesquels, sprhs s'^tre communi-
que leurs pleins pouvoirs, trouv^s
en bonne et due forme, sont con-
venus de ce qui suit:
Article 1.
Les Hautes Parties contractan-
tes donneront k leurs forces arm^
de terre des instructions qui seront
eonformes au R^lement concer-
nant lea lois et cotUumea de la
guerre sur terre, annexe k la pr6-
sente Convention.
Article 2.
Les dispositions contenues dans
le Rftglement vis6 k Tarticle pre-
mier ne sont obligatoires que pour
les Puissances contractantes, en
cas de guerre entre deux ou plu-
sieurs d'entre elles.
them, populations and belligerents
remain under the protection and
empire of the principles of inter-
national law, as they result from
the usages established between
civilized nations, from the laws of
humanity, and the requirements
of the public conscience;
They declare that it is in this
sense especially that Articles I and
II of the Regulations adopted must
be understood;
The High Contracting Parties,
desiring to conclude a Convention
to this effect, have appointed as
their Plenipotentiaries, to wit:
[Names]
Who, after communication of
their full powers, found in good
and due form, have agreed on the
following:
Article I.
The High Contracting Parties
shall issue instructions to their
armed land forces, which shall be
in conformity with the "Regula-
tions respecting the Laws and Cus-
toms of War on Land" annexed
to the present Convention.
Article II.
The provisions contained in the
Regulation mentioned in Article
I are only binding on the Contract-
ing Powers, in case of war between
two or more of them.
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Ces dispositions cesseront d'etre
obligatoires du moment od, dans
mie guerre entre des Puissances
contractantes, une Puissance non
contractante se joindrait k Tun
des bellig^rants.
Article 3.
La pr^sente Convention sera
ratifi^e dans le plus bref d61ai
possible.
Les ratifications seront d6po-
s^es k la Haye.
II sera dress^ du d^pdt de chaque
ratification un proems- verbal, dont
une copie, certifi^e conforme, sera
remise par la voie diplomatique k
toutes les Puissances contractan-
tes.
Article 4.
Les JPuissances non signataires
sontadmises IL adherer IL la pr^sente
Convention.
EUes auront, It cet effet, k
{aire connattre leur adhesion aux
Puissances contractantes, au moy-
en d'une notification ^crite, adress^
au Gouvernement des Pays-Bas
et communiqu^e par celui-ci k
toutes les autres Puissances con-
traotantes.
Article 5.
S'il arrivait qu'une des Hautes
Parties contractantes d^nong&t la
pr^sente Convention, cette d^non-
ciation ne produirait ses effets
qu'un an apr^s la notification faite
par 6cnt au Gpuvernement des
Pays-Bas et communiqu^e imm6-
These provisions shall cease to
be binding from the time when, in
a war between Contracting Powers
a non-Contracting Power joins one
of the belligerents.
Article III.
The present Convention shall be
ratified as speedily as possible.
The ratification shall be depos-
ited at the Hague.
A jpTOcha-verhal shall be drawn
up recording the receipt of each
ratification, and a copy, duly cer-
tified, shall be sent through the
diplomatic channel, to all the Con-
tracting Powers.
Article IV.
Non-Signatory Powers are al-
lowed to adhere to the present
Convention.
For this purpose they must
make their adhesion known to the
Contracting Powers by means of a
written notification, addressed to
the Netherland Government, and
by it communicated to all the other
Contracting Powers.
Article V.
In the event of one of the High
Contracting Parties denouncing
the present Convention, such de-
nunciation would not take effect
until a year after the written noti-
fication made to the Netherland
Government, and by it at once
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diatement par celui-ci k toutes les
autres Puissances contractantes.
Gette d6nonciation ne produira
ses effets qu'^ regard de la Puis-
sance qui I'aura notifi£e.
En foi de quoi, les pl^nipoten-
tiaires ont sign^ la pr^sente Con-
vention et Tent revAtue de leurs
cachets.
Fait k la Haye, le vingt neuf
juillet mil huit cent quatre-vingt
dix-neufy en un seul exemplaire
qui restera d^pos^ dans les archives
du Gouvernement des Pa3r8-Bas et
dent des copies, certifies confor-
mes, seront remises par la vole
diplomatique aux Puissances con-
tractantes.
ANNEXE.
RigUment Concemant les Lois
et Couiumea de la Guerre sur
Terre
SECTION I.— Des BelugA-
RANTS.
Chapitre I. — De la qualiU de
beUig^arU.
Article 1.
Les lois, les droits et les devoirs
de la guerre ne s'appliquent pas
seulement k Tarm^e, mais encore
aux milices et aux corps de volon-
taires r^unissant les conditions
suivantes:
1. d'avoir k leur t6te une per-
sonne responable pour ses subor-
donn^s;
2. d'avoir un signe distinctif
fixe et reconnaissable k distance;
communicated to all the othei
Contracting Powers.
This denunciation shall affect
only the notifjring Power.
In faith of which the Plenipo-
tentiaries have signed the present
Convention and affixed their seals
thereto.
Done at the Hague the 29th July,
1899, in a single copy, which shall
be kept in the archives of the Neth-
erland Government, and copies of
which, duly certified, shall be de-
livered to the Contracting Powers
through the diplomatic channel.
[TBANSLAnON]
ANNEX TO THE CONVENTION
Regulations Respecting the Laws
and Cvstams of War on Land
SECTION I.— On Belligerents.
Chapter I. — On the Qtudifica-
tions of Belligerents
Article I.
The laws, rights, and duties of
war apply not only to armies, but
also to militia and volunteer corps,
fulfilling the following conditions:
1. To be commanded by a per-
son responsible for his subordi-
nates;
2. To have a fixed distinctive
emblem recognizable at a distance;
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3. de porter lea armes ouverte-
ment et
4. de se conformer dans leurs
op^rationfi aux lois et coutumes de
la guerre.
Dans les pays od les milices ou
des corps de volontaires consti-
tuent rarm6e ou en font partie, ils
sont compris sous la denomination
d^armie.
Article 2.
La population d'un territoire
non occupy qui, k I'approche de
'ennemi, prend spontan^ment les
armes pour combattre les troupes
d'invasion sans avoir eu le temps
de s'organiser conform^ment k
I'article premier, sera consid^r^e
comme bellig^rante si elle respecte
les lois et coutumes de la guerre.
3. To carry arms openly; and
4. To conduct their operations
in accordance with the laws and
customs of war.
In countries where militia or
volunteer corps constitute the
army, or form part of it, they are
included under the denomination
"army."
Article II.
The population of a territory
which has not been occupied who,
on the enemy's approach, spon-
taneously take up arms to resist
the invading troops without hav-
ing time to organize themselves
in accordance with Article I, shall
be regarded a belligerent if they
respect the laws and customs of
war.
Article 3.
Les forces armies des parties
bellig^rantes peuvent se composer
de combattants et de non-combat-
tants. En cas de capture par
I'ennemi, les uns et les autres ont
droit au traitement des prisonniers
de guerre.
Article III.
The armed forces of the bellig-
erent parties may consist of com-
batants and non-combatants. In
case of capture by the enemy both
have a right to be treated as pris-
oners of war.
Chapitre II. — Dea prisonniers de Chapter II. — On Prisoners of
guerre. War,
Article 4.
Les prisonniers de guerre sont
au pouvoir du Gouvemement en-
nemi, mais non des individus ou
des corps qui les ont captures.
Article IV.
Prisoners of war are in the power
of the hostile Government, but not
in that of the individuals or corps
who captured them.
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THE AMERICAN JOURNAL OF INTERNATIONAL LAW
lis doivent 6tre trait^s avec hu-
manity.
Tout ce qui leur appartient per-
sonnellementy excepts les armes,
les chevaux et les papiers mili-
taires, reste leur propri^t^.
Article 5.
Les prisonniers de guerre peu-
vent ^tre assujettis k rinternement
dans une ville, forteresse, camp ou
locality quelconque, avec obliga-
tion de ne pas s'en Eloigner au del&
de certaines limites d^ter minxes;
mais ils ne peuvent 6tre enferm^s
que par mesiu*e de siiret^ indis-
pensable.
Article 6.
L'Etat pent employer, comme
travailleurs, les prisonniers de
guerre, selon leur grade et leurs
aptitudes. Ces travaux ne seront
pas excessifs et n'auront aucun
rapport avec les operations de la
guerre.
Les prisonniers peuvent 6tre au-
toris^s k traviller pour le compte
d'administrations publiques ou de
particuliers, ou pour leur propre
compte.
Les travaux faits pour I'Etat
sont pay6s d'aprte les tarifs en
vigeur pour les militaires de Tar-
m6enationale executant les m^mes
travaux.
Lorsque les travaux ont lieu
pour le compte d'autres adminis-
trations publiques ou pour des
particuliers, les conditions en sont
r6gl6es d'accord avec Tautorit^
militaire.
They must be humanely treated.
All their personal belongings,
except arms, horses, and military
papers remain their property.
Article V.
Prisoners of war may be in-
terned in a town, fortress, camp,
or any other locaUty, and bound
not to go beyond certain fixed
limits; but they can only be con-
fined as an indispensable measure
of safety.
Article VI.
The State may utilize the labor
of prisoners of war according to
their rank and aptitude. Their
tasks shall not be excessive, and
shall have nothing to do with the
military operations.
Prisoners may be authorized to
work for the PubUc Service, for
private persons, or on their own
account.
Work done for the State shall
be paid for according to the tariffs
in force for soldiers of the national
army employed on similar tasks.
When the work is for other
branches of the PubUc Service or
for private persons, the conditions
shall be settled in agreement with
the miUtary authorities.
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Le salaire des prisonniers con-
tribuera k adoucir leur position,
et le surplus leur sera compt^ au
moment de leur liberation, sauf
defalcation des frais d'entretien.
Article 7.
Le Gouvernement au pouvoir
duquel se trouvent les prisonniers
de guerre est charge de leur entre-
tien.
A defaut d'une entente sp^ciale
entre les belligerants, les prison-
niers de guerre seront traites, pour
la nourriture, le couchage et Tha-
billement, sur le m^me pied que
les troupes du Gouvernement qui
les aura captures.
Article 8.
Les prisonniers de guerre seront
soumis aux lois, r^glements, et
ordres en vigueur dans I'arm^e de
TEtat au pouvoir duquel ils se
trouvent. Tout acte d'insubordi-
nation autorise, k leur egard, les
mesures de rigueur n^cessaires.
Les prisonniers evades, qui se-
raient repris avant d'avoir pu
rejoindre leur arm^e ou avant de
quitter le territoire occupy par
Tarmee qui les aura captures, sont
passibles de peines disciplinaires.
Les prisonniers qui, apr^s avoir
r6ussi k s' Evader, sont de nouveau
faits prisonniers, ne sont passibles
d'aucune peine pour. la fuite ante-
rieure.
The wages of the prisoners shall
go towards improving their posi-
tion, and the balance shall be paid
them at the time of their release,
after deducting the cost of their
maintenance.
Article VII.
The Government into whose
hands prisoners of war have fallen
is bound to maintain them.
Failing a special agreement be-
tween the belligerents, prisoners
of war shall be treated as regards
food, quarters, and clothing, on
the same footing as the troops of
the Government which has cap-
tured them.
Article VIII.
Prisoners of war shall be sub-
ject to the laws, regulations, and
orders in force in the army of the
State into whose hands they have
fallen. Any act of insubordination
warrants the adoption, as regards
them, of such measures of severity
as may be necessary.
Escaped prisoners, recaptured
before they have succeeded in re-
joining their army, or before quit-
ting the territory occupied by the
army that captured them, are lia-
ble to disciplinary punishment.
Prisoners who, after succeeding
in e^aping are again taken pris-
oners, are not Uable to any punish-
ment for the previous flight.
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Article 9.
Chaque prisonnier de guerre est
tenu de declarer, s'il est interrog6
k ce sujet, ses v^ritables noms et
grade et, dans le cas oH il enfrein-
drait cette r^gle, il s'exposerait k
une restriction des avantages ac-
cord^s aux prisonniers de guerre
de sa cat^gorie.
Article 10.
Les prisonniers de guerre peu-
vent 6tre mis en liberty sur parole,
si les lois de leur pays les y auto-
risent, et, en pareil cas, ils sont
obliges, sous la garantie de leur
honneur personnel, deremplir scru-
puleusement, tant vis-&-vis de leur
propre Gouvernement que vis-4-
vis de celui qui les a faits prison-
niers, les engagements qu'ils aura-
ient contractus.
Dans le m6me cas, leur propre
Gouvernement est tenu de n'exi-
ger ni accepter d'eux aucun service
contraire k la parole donn^e.
Article 11.
Un prisonnier de guerre ne pent
6tre contraint d'accepter sa liberty
sur parole; de m6me le Gouverne-
ment ennemi n'est par oblig6 d'ac-
c^der k la demande du prisonnier
r6clamane sa mise en liberty sur
parole.
Article 12.
Tout prisonnier de guerre, li-
b4r6 sur parole et repris portant
les armes contre le Gouvernement
envers lequel il s'^tait engag6
d'honneur, ou contre les allies de
Article IX.
Every prisoner of war, if ques-
tioned, is bound to declare his true
name and rank, and if he disre-
gards this rule, he is liable to a
curtailment of the advantages ac-
corded to the prisoners of war of
his class.
Article X.
Prisoners of war may be set at
liberty on parole if the laws of
their country authorize it, and, in
such a case, they are bound, on
their personal honour, scrupu-
lously to fulfill, both as regards
their own Government and the Gov-
ernment by whom they were made
prisoners, the engagements they
have contracted.
In such cases, their own Govern-
ment shall not require of nor ac-
cept from them any service incom-
patible with the parole given.
Article XI.
A prisoner of war can not be
forced to accept his liberty on
parole; similarly the hostile Gov-
ernment is not obliged to assent to
the prisoner's request to be set at
liberty on parole.
Article XII.
Any prisoner of war, who is lib-
erated on parole and recaptured,
bearing arms against the Govern-
ment to whom he had pledged his
honour, or against the allies of that
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celui-ci, perd le droit au traite-
ment des prisoimiers de guerre et
peut £tre traduit devant les tri-
bunaux.
Article 13.
Les individus qui suivent une
arm^e sans en faire directement
partie, tels que les correspondants
et les reporters de journaux, les
vivandiers, les fournisseurs, qui
tombent au pouvoir de Tennemi et
que celui-ci juge utile de d^tenir,
ont droit au traitement des pri-
sonniers de guerre^ k condition
qu'ils soient munis d'une legitima-
tion de Tautorite militaire de I'ar-
m^e qu'ils accompagnaient.
Article 14.
II est constitu^, des le d^but des
hostilit^s dans chacun des Etats
bellig^rants et, le cas ^ch^ant;
dans les pay^ neutres qui auront
recueilli des bellig^rants sur leur
territoire un Bureau de renseigne-
ments sur les prisonniers de guerre.
Ce bureau, charge de r^pondre k
toutes les demandes qui les con-
cernent, reQoit des divers services
comp^tents toutes les indications
n^cessaires pour lui permettre d'£-
tablir une fiche individuelle pour
chaque prisonnier de guerre. II
est tenu au courant des interne-
ments et des mutations, ainsi que
des entries dans les hdpitaux et
des d^cds.
Le Bureau de renseignements
est ^galement charge de recueillir
et de centraliser tous les objets
d'un usage personnel, valeurs, let-
Government, forfeits his right to
be treated as a prisoner of war, and
can be brought before the Courts.
Article XIII.
Individuals who follow an army
without directly belonging to it,
such as newspaper correspondents
and reporters, sutlers, contractors,
who fall into the enemy's hands,
and whom the latter think fit to
detain, have a right to be treated
as prisoners of war, provided they
can produce a certificate from the
military authorities of the army
they were accompanying.
Article XIV.
A Bureau for information rela-
tive to prisoners of war is insti-
tuted, on the commencement of
hostilities, in each of the belliger-
ent States, and, when necessary, in
the neutral countries on whose ter-
ritory belligerents have been re-
ceived. This Bureau is intended
to answer all inquiries about pris-
oners of war, and is furnished by
the various services concerned with
all the necessary information to
enable it to keep an individual re-
turn for each prisoner of war. It
is kept informed of interments and
changes, as well as of admissions
into hospital and deaths.
It is also the duty of the Infor-
mation Bureau to receive and col-
lect all objects of personal use,
valuables, letters, etc., found on
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tres, etc., qui seront trouv^s sur
les champs de bataille ou d^laiss^
par des prisonniers d^c^ des dans
es hdpitaux et ambulances, et de
les transmettre aux int^ress^s.
Article 15.
Les 80ci6t6s de secours pour les
prisonniers de guerre, r^guli^re-
ment constitutes selon la loi de
leur pays et ayant pour objet d'etre
les interm^diaires de Taction chari-
table, recevront, de la part des
bellig^rants, pour elles et pour
leurs agents diiment accr^dit^s,
toute facility, dans les limites tra-
c6es par les n^cessit^s militaires et
les regies administratives, pour
accomplir efficacement leur t&che
d'humanit6. Les d^l^gu^s de ces
soci^t^s pourront 6tre admis k dis-
tribuer des secours dans les d^pdts
d'internement, ainsi qu'aux lieux
d'^tape des prisonniers rapatri^s,
moyennant une permission per-
sonnelle d^livr^e par Tautorit^
militaire, et en prenant Tengage-
ment par £crit de se soumettre k
toutes les mesures d'ordre et de
police que celle-ci prescrirait.
Article 16.
Les Bureaux de renseignements
jouissent de la franchise de port.
Les lettres, m&ndats et articles
d' argent, ainsi que les colis postaux
destines aux prisonniers de guerre
ou exp^di^s par eux, seront afifran-
chis de toutes taxes postales, aussi
bien dans les pays d'origine et de
destination que dans les pays inter-
m^diaires.
the battlefields or left by prisoners
who have died in hospital or am-
bulance, and to transmit them to
those interested.
Article XV.
Relief Societies for prisoners of
war, which are regularly consti-
tuted in accordance with the law
of the country with the object of
serving as the intermediary for
charity, shall receive from the bel-
ligerents for themselves and their
duly accredited agents every facil-
ity, within the bounds of military
requirements and Administrative
Regulations, for the effective ac-
complishment of their humane
task. Delegates of these Societies
may be admitted to the places of
interment for the distribution of
relief, as also to the halting places
of repatriated prisoners, if furn-
ished with a personal permit by the
military authorities, and on giving
an engagement in writing to com-
ply with all their Regulations for
order and police.
Article XVI.
The Information Bureau: shall
have the privilege of free postage.
Letters, money orders, and valu-
ables, as well as postal parcels des-
tined for the prisoners of war or
dispatched by them, shall be free
of all postal duties both in the
countries of origin and destina-
tion, as well as in those they pass
through.
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Les dons et secours en nature
destines aux prisonniers de guerre
seront admis en franchise de tous
droits d'entr^e et autres, ainsi que
dee taxes de transport sur les che-
mins de fer exploit^s par I'Etat.
Article 17.
Les officiers prisonniers pour-
ront recevoir le complement, s'il
y a lieu, de la solde qui leur est
attribute dans cette situation par
les r^glements de leur pays, k charge
de remboursement par leur Gouv-
ernement.
Article 18.
Toute latitude est laiss^e aux
prisonniers de guerre pour Texer-
cice de leur religion, y compris
I'assistance aux offices de leur cul-
te, k la seule condition de se con-
former aux mesures d'ordre et de
police prescrites par Tautorit^ mili-
taire.
Article 19.
Les testaments des prisonniers
de guerre sont regus ou dresses
dans les m^mes conditions que
pour les militaires de Tarm^e na-
tionale.
On suivra ^galement les m£mes
regies en ce qui conceme les pieces
relatives k la constatation des de-
eds, ainsi que pour I'inhumation
des prisonniers de guerre, en te-
nant compte de leur grade et de
leur rang.
Gifts and relief in kind for pris-
oners of war shall be admitted free
of all duties of entry and others,
as well as of payments for carriage
by the Government railways.
Article XVII.
. Officers taken prisoners may re-
ceive, if necessary, the full pay
allowed them in this position by
their country's regulations, the
amount to be repaid by their Gov-
ernment.
Article XVIII.
Prisoners of war shall enjoy
every latitude in the exercise of
their religion, including attend-
ance at their own church services,
provided only they comply with
the regulations for order and police
issued by the military authorities.
Article XIX.
The wills of prisoners of war are
received or drawn up on the same
conditions as for soldiers of the
National Army.
The same rules shall be observed
regarding death certificates, as well
as for the burial of prisoners of
war, due regard being paid to their
grade and rank.
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Article 20.
Aprte la conclusion de la paiz,
le rapatriement des prisonniers de
guerre s'eflfectuera dans le plus
bref d^lai possible.
Chapitre III. — Des malades et des
blessis.
Article 21.
Les obligations des bellig^rants
concemant le service des malades
et des bless^ sont regies par la
Convention de Geneve du 22 aoftt
1864, sauf les modifications dont
celle-ci pourra 6tre Tobjet.
Article XX.
After the conclusion of peace,
the repatriation of prisoners of war
shall take place as speedily as pos-
sible.
Chapter III. — On the Sick and
Wounded.
Article XXI.
The obligations of belligerents
with regard to the sick and wound-
ed are governed by the Geneva
Convention of the 22d August,
1864, subject to any modifications
which may be introduced into it.
SECTION II.— Des Hostilit±s. SECTION II.— On Hostilitibs.
Chapitre I. — Des moyens de nuire
A Vennemi, des siiges et des bam-
bardements.
Article 22.
Les bellig^rants n'ont pas un
droit illimit6 quant au choix des
moyens de nuire k Tennemi.
Article 23.
Outre les prohibitions 6tablies
par des conventions sp^ciales, il
est notamment inierdU:
o. d'employer du poison ou des
armes empoison^es;
b. de tuer ou de blesser par tra-
hison des individus appartenant k
la nation ou k Tarm^e ennemie;
c. de tuer ou de blesser un en-
nemi qui, ayant mis bas les armes
ou n' ayant plus les moyens de se
d6fendre, s'est rendu k discretion;
Chapter I. — On means of Injur-
ing the Enemy f Sieges, and Bom-
bardments.
Article XXII.
The right of belligerents to adopt
means of injuring the enemy is not
unlimited.
Article XXIII.
Besides the prohibitions pro-
vided by special Conventions, it
iff especiallv prohibited:
fa. To employ poison or poi-
soned arms;
6. To kill or wound treacher-
ously individuals belonging to the
\hostile nation or army;
c To kill or wound an enemy
who, having laid down arms, or
having no longer means of defence,
has surrendered at discretion;
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d, de declarer qu'il ne sera pas
fait de quartier;
e. d'employer des armes, des
projectiles ou des mati^res propres
k causer des maux superflus;
/. d'user indAment du pavilion
parlementaire, du pavilion national
ou des insignes militaires et de
runiforme de rennemi, ainsi que
des signes distinctifs de la Conven-
tion de Genftve;
g. de d^truire ou de saisir des
propri(St^s ennemieS; sauf les cas
ot ces destructions ou ces saisies
seraient imp^rieusement comman-
does par les nOcessitOs dela guerre.
Abticle 24.
Les ruses de guerre et I'emploi
des moyens nOcessaires pour se
procurer des renseignements sur
Tennemi et sur le terrain sont con-
sidOrOs comme licUes.
Article 25.
II est interdit d'attaquer ou de
bombarder des villes/villages, habi-
tations ou b&timents qui ne sont
pas dOfendus.
Article 26.
Le commandant des troupes as-
saillantes, avant d'entreprendre
le bombardement, et sauf le cas
s'attaque de vive force, devra faire
tout ce qui depend de lui por en
avertir les autorit^.
Article 27.
Dans les sieges et bombarde-
ments, toutes les mesures n^ces-
saires doivent 6tre prises pour
4pargner, autant que possible, les
d. To declare that no quarter
will be given;
e. To employ arms, projectiles/^
or material of a nature to cause \
superfluous injury; - — J
/. To make improper use of a
flag of truce, the national flag, or
military ensigns and the enemy's
uniform, as well as the distinctive
badges of the Geneva Convention;
g. To destroy or seize the en-
emy's property, unless such de-
struction or seizure be imperatively
demanded by the necessities of war.
Article XXIV.
Ruses of war and the employ-
ment of methods necessary to ob-
tain information about the enemy
and the country, are considered
allowable.
Article XXV.
The attack or bombardment of
towns, villages, habitations or
buildings which are not defended,
is prohibited.
Article XXVI.
The Commander of an attacking
force, before commencing a bom-
bardment, except in the case of an
assault, should do all he can to
warn the authorities.
Article XXVII.
In sieges and bombardments all
necessary steps should be taken to
spare as far as possible edifices
devoted to religion, art, science,
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Edifices consacrSs aux cultes, anx
arts, aux sciences et k la bienfai-
sance, les hdpitaux et les lieux de
rassemblement de malades et de
blesses, k condition qu'ils ne soient
pas employes en m6me temps k un
but militaire.
Le devoir des assi6g6s est de
designer ces Edifices ou lieux de
rassemblement par des signes visi-
bles sp^ciaux qui seront notifies
d'avance k Tassi^geant.
Article 28.
II est interdit de livrer au pillage
m£me une ville ou locality prise
d'assaut.
Chapttrb II. — Dea espions.
Article 29.
Ne pent £tre consid^r^ comme
espion queFindividu qui, agissant
clandestinement ou sous de faux
pr^textes, recueille ou cherche k
recueillir des informations dans la
s6ne d'op^rations d'un bellig^rant,
avec rintention de les communi-
quer k la partie adverse.
Ainsi les militaires non d^guis^s
qui ontp6n4tr^ dans lazdned'op6r-
ations de Tarm^e ennemie, k Teffet
de recueillir des informations, ne
sont pas consid^rte comme espions.
De m£me, ne sont pas consid^r^s
comme espions: les militaires et les
non-militaires, accomplissant ou-
vertement leur mission, charges de
transmettre de d6p6ches destinies
soit k leur propre arm^e, soit k
Tarm^e ennemie. A cette cat^
and charity, hospitals, and places
where the sick and wounded are
collected, provided they are not
used at the same time for military
purposes.
The besieged should indicate
these buildings or places by some
particular and visible signs, which
should previously be notified to
the assailants.
Article XXVIII.
The pillage of a town or place,
even when taken by assault, is
prohibited.
Chapter II. — On Spies.
Article XXIX.
An individual can only be con-
sidered a spy if, acting clandes-
tinely, or on false pretences, he
obtains, or seeks to obtain infor-
mation in the zone of operations
of a belligerent, with the intention
of communicating it to the hostile
party.
Thus, soldiers not in disguise
who have penetrated into the zone
of operations of a hostile army
to obtain information are not con-
sidered spies. Similarly, the fol-
lowing are not considered spies:
soldiers or civilians, carrying out
their mission openly, charged with
the delivery of despatches destined
either for their own army or for
that of the enemy. To this class
belong likewise individuals sent in
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gorie appartiennent ^galement les
individus envoy^s en ballon pour
transmettre les d^p^ches, et, en
g^n^ral, pour entretenir les com-
munications entre les diverses par-
ties d'une arm6e ou d'un terri-
toire.
Article 30.
L'espion pris sur le fait ne
pourra £tre puni sans jugement
pr^alable.
Article 31.
L'espion qui, ayant rejoint Tar-
m6e k laquelle il appartient, est
capture plus tard par Tennemi, est
traits comme prisonnier de guerre
et n'encourt aucune responsabilit^
pour ses actes d'espionnage aut^-
rieurs.
balloons to deliver despatches, and
generally to maintain communica-
tion between the various parts of
an army or a territory.
Article XXX.
A spy taken in the act cannot be
punished without previous trial.
Article XXXI.
A spy who, after rejoining the
army to which he belongs, is sub-
sequently captured by the enemy,
is treated as a prisoner of war, and
incurs no responsibility for his pre-
vious acts of espionage.
Chapitre III. — De8 parlemen"
tairea.
Article 32.
Est consid^r^ comme parlemen-
taire Tindividu autoris6 par Tun
des bellig^rants k entrer en pour-
parlers avec Tautre et se pr^sen-
tant avec le drapeau blanc. II a
droit k rinviolabilit^ ainsi que la
trompette, clairon ou tambour, le
porte-drapeau et TinterprSte qui
I'accompagneraient.
Article 33.
Le Chef auquel un parlementaire
est exp^di^ n'est oblig^ de le
recevoir en toutes circonstances.
II pent prendre toutes les mes-
Chafter III.— On Flags of Truce.
Article XXXII.
An individual is considered as
bearing a flag of truce who is au-
thorized by one of the belligerents
to enter into communication with
the other, and who carries a white
flag. He has a right to inviola-
bility, as well as the trumpeter,
bugler, or drummer, theflagbearer,
and the interpreter who may ac-
company him.
Article XXXIII.
The Chief to whom a flag of
truce is sent is not obliged to re-
ceive it in all circumstances.
He can take all steps necessary
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THE AMERICAN JOURNAL OF INTERNATIONAL LAW
ures n^cessaires afin d'emp6cher
le parlementaire de profiler de sa
mission pour se renseigner.
II a le droit, en cas d'abus de
retenir temporairement le parle-
mentaire.
Article 34.
Le parlementaire perd ses droits
d'inviolabilit^, s'il est prouv^,
d'une manifere positive et irr^cus-
able, qu'il a profits de sa position
privil^gi^e pour provoquer ou
commettre un acte de trahison.
to prevent the envoy taking ad-
vantage of his mission to obtain
information.
In case of abuse, he has the right
to detain the envoy temporarily.
Article XXXIV.
The envoy loses his rights of in-
violability if it is proved beyond
doubt that he has taken advantage
of his privileged position to pro-
voke or commit an act of treach-
ery.
Chapitrb IV. — Dea capUtUationa. Chapter IV. — On Capitvlations.
Article 35.
Les capitulations arrfit^es entre
les parties contractantes doivent
tenir compte des regies de I'hon-
neur militaire.
Une fois fix^es, elles doivent 6tre
scrupuleusement observ^es par les
deux parties.
Chapitre V. — De rarmisttce.
Article 36.
L'armistice suspend les opera-
tions de guerre par un accord mu-
tuel des parties bellig^rants. Si la
dur^e n'en est pas d^termin^e, les
parties bellig^rantspeuventrepren-
dre en tout temps les operations,
pourvu toutefois que I'ennemi soit
averti en temps convenu, confor-
m^ment aux conditions de 1' armis-
tice.
Article XXXV.
Capitulations agreed on between
the Contracting Parties must be
in accordance with the rules of
military honour.
When once settled, they must be
scrupulously observed by both the
parties.
Chapter V. — On Armiaticea.
Article XXXVI.
An armistice suspends military
operations by mutual agreement
between the belligerent parties.
If its duration is not fixed, the
belligerent parties can resume
operations at any time, provided
always the enemy is warned within
the time agreed upon, in accord-
ance with the terms of the armis-
tice.
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Article 37.
L' armistice peut 6tre g^n^ral ou
local. Le premier suspend par-
tout les operations de guerre des
Etats bellig^rants; le second, seu-
lement entre certaines fractions
des armies bellig^rants et dans un
rayon determine.
Articlb 38.
L'armistice doit dtre notifi^ offi-
ciellement et en temps utile aux
autorit^s comp^tentes et aux trou-
pes. Les hostilit^s sont suspen-
dues imm^diatement aprte la noti-
fication ou au terme fix4.
Abticlb 39.
II depend des parties contrac-
tantes de fixer, dans les clauses de
Tarmistice, les rapports qui pour-
raient avoir lieu, sur le th^tre de
la guerre, avec les populations et
entre elles.
Article 40.
Toute violation grave de l'ar-
mistice, par I'une des parties,
donne k I'autre le droit de le d4-
noncer et m6me, en cas d'urgence,
de reprendre imm^diatement les
hostilit^s.
Article 41.
La violation des clauses de
Tarmistice, par des particuliers
agissant de leur proper initiative,
donne droit seulement k r^clamer
la punition des coupables et, s'il y
a lieu, une indemnity pour les
pertes ^prouv^es.
Article XXXVII.
An armistice may be general or
local. The first suspends all mili-
tary operations of the belligerent
States; the second, only those
between certain fractions of the
belligerent armies and in a fixed
radius.
Article XXXVIII.
An armistice must be notified
officially, and in good time, to the
competent authorities and the
troops. Hostilities are suspended
immediately after the notification,
or at a fixed date.
Article XXXIX.
It is for the Contracting Parties
to settle, in the terms of the armis-
tice, what communications may
be held, on the theater of war,
with the population and with each
other.
Article XL.
Any serious violation of the
armistice by one of the parties
gives the other party the right to
denounce it, and even, in case of
urgency, to recommence hostilities
at once.
Article XLI.
A violation of the terms of the
armistice by private individuals
acting on their own initiative, only
confers the right of demanding the
punishment of the offenders, and,
if necessary, indemnity for the loss-
es sustained.
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SECTION III.— Db l'Autorit^
MiLITAIRE SUR LE TbRRITOIRB
DB l'Etat Ennbmi.
Article 42.
Un territoire est con8id6r6 com-
me occup6 lorsqu'il se trouve
plac6 de fait sous rautorit^ de
Tarm^e ennemie.
L'occupation ne s'6tend qu'aux
territoires ou cette autorit^ est
^tablie et en mesure de s'exercer.
Article 43.
L'autorit^ du pouvoir 16gal
ayantpass6 de fait entre les mains
de Toccupant, celui-ci prendra
toutes les mesures qui dependent
de lui en vue de r^tablir et d'as-
surer, autant qu'il est possible,
Tordre et la vie publics en respec-
tant, sauf empftchement absolu,
les lois en vigueur dans le pays.
Article 44.
II est interdit de forcer la popula-
tion d'un territoire occupy k pren-
dre part aux operations mili-
taires contre son propre pays.
Article 45.
II est interdit de contraindre la
population d'un territoire occupy
k prater serment k la puissance
ennemie.
Article 46.
L'honneur et les droits de la
famille, la vie des individus et la
propriety priv6e, ainsi que les con-
victions religieuses et Texercice
des culteS) doivent £tre respect^s.
SECTION III.— On Military Au-
thority OVER Hostile Ter-
ritory.
Article XLII.
Territory is considered occupied
when it is actually placed under
the authority of the hostile army.
The occupation applies only to
the territory where such authority
is established, and in a position to
assert itself.
Article XLIII.
The authority of the legitimate
power having actually passed into
the hands of the occupant, the
latter shall take all steps in his
power to re-establish and insure, as
far as possible, public order and
safety, while respecting, unless
absolutely prevented, the laws in
force in the country.
Article XLIV.
Any compulsion of the popula-
tion of occupied territory to take
part in military operations against
its own country is prohibited.
Article XLV.
Any pressure on the population
of occupied territory to take the
oath to the hostile Power is pro-
hibited.
Article XLVI.
Family honoiu^ and rights, indi-
vidual lives and private property,
as well as religious convictions and
liberty, must be respected.
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La propri^t^ priv^e ne peut pas
£tre confisqude.
Article 47.
Le pillage est formellement in-
terdit.
Article 48.
Si Toccupant pr^lftve, dans le
territoire occupy, les impdts,
droits et phages ^tablis au profit
de TEtat; il le fera, autant que
possible, d'apr&s les regies de
Tassiette et de la repartition en
vigueur, et il en r6sultera pour lui
Tobligation de pourvoir aux frais
de radministration du territoire
occupy dans la mesure oil le Gouv-
emement l^gal y £tait tenti.
Article 49.
Si, en dehors des impdts vis^s k
Tarticle precedent, Toccupant pr6-
Idve d'autres contributions en ar-
gent dans le territoire occupy, ce
ne pourra 6tre que pour les besoins
de Tarm^e ou de Tadministration
de ce territoire.
Article 50.
Aucune peine collective, p^cu-
niaire ou autre, ne pourra 6tre
edict^e centre les populations k
raison de faits individuels dont
elles ne pourraient 6tre consid^-
r^es comme solidairement respon-
sables.
Article 51.
Aucune contribution ne sera
percue qu'en vertu d'un ordre
Private property cannot be con-
fiscated.
Article XLVII.
Pillage is formally probihited.
Article XLVIII.
If, in the territory occupied, the
occupant collects the taxes, dues,
and tolls imposed for the benefit of
the State, he shall do it, as far as
possible, in accordance with the
rules in existence and the assess-
ment in force, and will in conse-
quence be bound to defray the
expenses of the administration of
the occupied territory on the same
scale as that by which the legiti-
mate Government was bound.
Article XLIX.
If, besides the taxes mentioned
in the preceding Article, the occu-
pant levies other money taxes in
the occupied territory, this can
only be for military necessities or
the administration of such terri-
tory.
Article L.
No general penalty, pecuniary or
otherwise, can be inflicted on the
population on account of the acts
of individuals for which it cannot
be regarded as collectively respon-
sible.
Article LI.
No tax shall be collected except
under a written order and on the
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THE AMERICAN JOT7BNAL OF INTERNATIONAL LAW
4crit et sous la responsabilit^ d'un
g^n^ral en chef.
II ne sera proc^d^, autant que
possible, k cette perception que
d'aprte les regies de I'assiette et
de la repartition des impdts eu
vigueur.
Pour toute contribution un regu
sera d^livr^ aux contribuables.
Article 52.
Des requisitions en nature et des
services ne pourront 6tre reclames
des communes ou des habitants,
que pour les besoins de I'arm^e
d'occupation. lis seront en rap-
port avec les ressources du pays
et de telle nature qu'ils n'impli-
quent pas pour les populations
Tobligation de prendre part aux
operations de la guerre contre leur
patrie.
Ces requisitions et ces services
ne seront reclames qu'avec Tauto-
risation du commandant dans la
localite occupee.
Les prestations en nature seront,
autant que possible, payees au
comptant; sinon, elles seront con-
statees par des re^us.
Article 53.
L'armee qui occupe un territoire
ne pourra saisir que le numeraire,
les fonds et les valeurs exigibles
appartenant en propre k I'Etat, les
depdts d'armes, moyens de trans-
port, magasins et approvisionne-
ments et, en general, toute pro-
priete mobiliere de I'Etat de na-
ture k servir aux operations de la
guerre.
responsibility of a Commander-in-
Chief.
This collection shall only take
place, as far as possible, in accord-
ance with the rules in existence
and the assessment of taxes in
force.
For every payment a receipt
shall be given to the taxpayer.
Article LII.
Neither requisition in kind nor
services can be demanded from
communes or inhabitants except
for the necessities of the army of
occupation. They must be in pro-
portion to the resources of the
country, and of such a nature as
not to involve the population in
the obligation of taking part in
military operations against their
country.
These requisitions and services
shall only be demanded on the
authority of the Commander in the
locality occupied.
The contributions in kind shall,
as far as possible, be paid for in
ready money; if not, their receipt
shall be acknowledged.
Article LIII.
An army of occupation can only
take possession of the cash, funds,
and property liable to requisition
belonging strictly to the State,
depdts of arms, means of transport,
stores and supplies, and, generally
all movable property of the State
which may be used for military
operations.
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Le materiel des chemins de fer^
les t^l^graphes de terre, les U16-
phones, les bateaux k vapeur et
autres navireS; en dehors des cas
r^gis par la loi maritime, de m£me
que les d^pdts d'armes et en g6n-
^ral toute espdce de munitions de
guerre, m£me appartenant k des so-
ci^t^s ou k des personnes priv^,
sont ^galement des moyens de na-
ture k servir aux operations de la
guerre, mais devront fitre restitufe,
et les indemnity seront r^gl^es k
la paix.
Article 54.
Le materiel des chemins de fer
provenant d'Etats neutres, qu'il
appartienne k ces Etats ou k des
Society ou personnes privies, leur
sera renvoy^ aussitdt que possible.
Article 55.
L'Etat occupant ne se consid^-
rera que comme administrateur et
usufruitier des Edifices publics,
immeubles, forfits et exploitations
agricoles appartenant k I'Etat en-
nemi et se trouvant dans le pays
occupy. II devra sauvegarder le
fond de ces propri^t^s et les ad-
ministrer conform^ment aux re-
gies de Tusufruit.
Article 56.
Les biens des communes, ceux
des etablissements consacr^ aux
cultes, k la charity et k Tinstruc-
tion, aux arts et aux sciences,
m£me appartenant k TEtat, seront
trait^s comme la propriety priv^e.
Railway plant, land telegraphs,
telephones, steamers, and other
ships, apart from cases governed
by maritime law, as well as depdts
of arms and, generally, all kinds of
war material, even though belong-
ing to Companies or to private
persons, are likewise material
which may serve for military
operations, but they must be re-
stored at the conclusion of peace,
and indemnities paid for them.
Article LIV.
The plant of railways coming
from neutral States, whether the
property of those States, or of
Companies, or of private persons,
shall be sent back to them as soon
as possible.
Article LV.
The occupying State shall only
be regarded as administrator and
usufructuary of the public build-
ings, real property, forests, and
agricultural works belonging to
the hostile State, and situated in
the occupied country. It must
protect the capital of these proper-
ties, and administer it according to
the rules of usufruct.
Article LVI.
The property of the communes,
that of religious, charitable, and
educational institutions, and those
of arts and science, even when
State property, shall be treated as
private property.
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THE AMERICAN JOX7BNAL OF INTERNATIONAL LAW
Toute saisie, destruction ou de-
gradation intentionnelle de sem-
blables ^tablissements, de monu-
ments historiques, d'cBuvres d'art
et de science, est interdite et doit
6tre poursuivie.
SECTION IV.— DBS Bbllig6-
RANTs Internes et des Bles-
ses Soignescheslbs Neutres.
Article 57.
L'Etat neutre qui recoit sur son
territoire* des troupes appartenant
aux armies belligi6rantes, les inter-
nera, autant que possible, loin du
th6&tre de la guerre.
II pourra les garder dans des
campS; et m6me les enfermer dans
les forteresses ou dans des lieux
appropri^s k cet effet.
II d^cidera si les officiers peu-
vent 6tre laiss^s libres en prenant
Tengagement sur parole de ne pas
quitter le territoire neutre sans
autorisation.
Article 58.
A d^faut de convention sp^ciale,
I'Etat neutre fournira aux inter-
nes les vivres, les habillements et
les secours commandos par Thu-
manite.
Bonification sera f aite, k la paix,
des frais occasionn^s par Tinteme-
ment.
Article 59.
L'Etat neutre pourra autoriser
le passage sur son territoire des
blesses ou malades appartenant
All seizure of, and destruction,
or intentional damage done to such
institutions, to historical monu-
ments, works of art or science, is
prohibited, and should be made
the subject of proceedings.
SECTION IV.— On the Intern-
ment OF Belligerents and the
Care op the Wounded in
Neutral Countries.
Article LVII.
A neutral State which receives
in its territory troops belonging to
the belligerent armies shall intern
them, as far as possible, at a dis-
tance from the theater of war.
It can keep them in camps, and
even confine them in fortresses or
locations assigned for this purpose.
It shall decide whether officers
may be left at liberty on giving
their parole that they will not
leave the neutral territory without
authorization.
Article LVIII.
Failing a special Convention, the
neutral State shall supply the
interned with the food, clothing,
and relief required by humanity.
At the conclusion of peace, the
expenses caused by the intern-
ment shall be made good.
Article LIX.
A neutral State may authorize
the passage through its territory
of wounded or sick belonging to
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OFFICIAL DOCUMENTS
153
aux armies bellig^rantes, sous la
reserve que les trains qui les am&n-
eront ne transporteront ni per-
sonnel ni materiel de guerre. En
pareil cas, TEtat neutre est tenu
de prendre les mesures de siiret^
et de contrdle n^cessaires k cet
eflfet.
Les blesses ou malades amends
dans ces conditions sur le terri-
toire neutre par un des bellig^-
rants, et qui appartiendraient k la
partie adverse, devront 6tre gardes
par TEtat neutre, de mani^re qu'ils
ne puissent de nouveau prendre
part aux operations de la guerre.
Celui-ci aura les mfimes devoirs
quant aux blesses ou malades de
Tautre arm^e qui lui seraient con-
fi^s.
Article 60.
La Convention de Genfeve s' ap-
plique aux malades et aux bless^
interd^s sur territoire neutre.
the belligerent armies, on condi-
tion that the trains bringing them
shall carry neither combatants nor
war material. In such a case, the
neutral State is bound to adopt
such measures of safety and con-
trol as may be necessary for the
purpose.
Wounded and sick brought un-
der these conditions into neutral
territory by one of the belligerents,
and belonging to the hostile party,
must be guarded by the neutral
State, so as to insure their not tak-
ing part again in the military ope-
rations. The same duty shall de-
volve on the neutral State with
regard to wounded or sick of the
other arihy who may be committed
to its care.
Article LX.
The Geneva Convention applies
to sick and wounded interned in
neutral territory.
Declaration
Les Soussignfe, Pl^nipotenti-
aires des Puissances representees
k la Conference Internationale de
la Paix k La Haye, dAment auto-
rises k cet effet par leurs Gou-
vernements, s'inspirant des senti-
ments qui ont trouve leur expres-
sion dans la Declaration de Saint-
Petersbourg du 29 Novembre (11
Decembre), 1868,
Declaration
The Undersigned, Plenipoten-
tiaries of the Powers represented
at the International Peace Confer-
ence at The Hague, duly author-
ized to that effect by their Gov-
ernments, inspired by the senti-
ments which found expression* in
the Declaration of St. Petersburg
of the 29th November (11th De-
cember), 1868,
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THE AMERICAN JOURNAL OP INTERNATIONAL LAW
D^clarent:
Les Puissances Contractantes
consentent, pour une dur6e de
cinq ans; k Tinterdiction de lancer
des projectiles et des explosifs du
haut de ballons ou par d'autres
modes analogues nouveaux.
La pr^sente Declaration n'est
obligatoire que pour les Puissances
Contractantes, en cas de guerre
entre deux ou plusieurs d'entre
elles.
EUe cessera d'etre obligatoire du
moment od dans une guerre entre
des Puissances Contractantes, une
Puissance non-Contractante se
joindrait k Tun des bellig^rants.
La pr^sente Declaration sera
ratifi^e dans le plus bref d^lai
possible.
Les ratifications seront d^pos^es
k La Haye.
II sera dress^ du d^pdt de chaque
ratification un proc^s-verbal, dont
une copie, certifi^e conforme, sera
remise par la voie diplomatique k
toutes les Puissances Contractan-
tes.
Les Puissances non-Signataires
pourront adherer k la pr^sente
Declaration. Elles auront, k cet
effet, k faire connattre leur adhe-
sion aux Puissances Contractantes,
au moyen d'une notification ecrite,
adressee au Gouvemement des
Pajrs-Bas et communiquee par
celui-ci k toutes les autres Puis-
sances Contractantes.
S'il arrivait qu'une des Hautes
Parties Contractantes denong&t la
presente Declaration, cette denon-
Declare as follows:
The Contracting Powers agree to
prohibit, for a term of five years,
the launching of projectiles and
explosives from balloons, or by
other new methods of a similar
nature.
The present Declaration is only
binding on the Contracting Powers
in case of war between two or more
of them.
It shall cease to be binding from
the time when, in a war between
the Contracting Powers, one of the
belligerents is joined by a non-
Contracting Power.
The present Declaration shall be
ratified as soon as possible.
The ratifications shall be de-
posited at The Hague.
A prods-verbal shall be drawn up
on the receipt of each ratification,
of which a copy, duly certified,
shall be sent through the diplo-
matic channel to all the Contrac-
ing Powers.
The non-Signatory Powers may
adhere to the present Declaration.
For this purpose they must make
their adhesion known to the Con-
tracting Powers by means of a
written notification addressed to
the Netherland Government, and
communicated by it to all the
other Contracting Powers.
In the event of one of the High
Contracting Parties denouncing
the present Declaration, such de-
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OFFICIAL DOCUMENTS
155
ciation ne produirait ses effets qu'-
un an aprto la notification faitepar
^crit au Gouvemement des Pays-
Bas et communiqu^e imm^diate-
mentpar celui-ci k toutes les autres
Puissances Contractantes.
Cette d^nonciation ne produira
ses effets qu'k regard de la Puis-
sance qui Taura notifi^e.
En foi de quoi, les Pl^nipoten-
tiaires ont sign6 la pr^sente Declar-
ation et Tout revfttue de leurs ca-
chets.
Fait k La Haye, le 29 Juillet,
1899; en un seul exemplaire, qui
restera d^pos^ dans les archives du
Gouvernement des Pays-Bas et
dont des copies, certifi^es con-
formes, seront remises par la voie
diplomatique aux Puissances Con-
tractantes.
[Signatures.]
nunciation shall not take effect
until a year after the notification
made in writing to the Netherland
Government, and by it forthwith
communicated to all the other Con-
tracting Powers.
This denunciation shall only af-
fect the notifying Power.
In faith of which the Plenipo-
^ntiaries have signed the present
Declaration, and affixed their seals
thereto.
Done at The Hague the 29th
July, 1899, in a single copy, which
shall be kept in the archives of the
Netherland Government, and of
which copies, duly certified, shall
be sent through the diplomatic
channel to the Contracting Powers.
[Signatures]
DECLARATION
Les Soussign^s, Pl^nipotenti-
aires des Puissances representees k
la Conference Internationale de la
Paix k La Haye, dtiment autoris^s
k cet effet par leurs Gouverne-
ments, s'inspirant des sentiments
qui ont trouve leur expression
dans la Declaration de Saint-Pe-
tersbourg du 29Novembre (11 Dec-
embre), 1868,
Dedarent:
Les Puissances Contractantes
s'interdisent Temploi deballes qui
s'epanouissent ou s'aplatissent fa-
cilement dans le corps humain.
Declaration
The Undersigned, Plenipotenti-
aries of the Powers represented
at the International Peace Confer-
ence at The Hague, duly author-
ized to that effect by their Gov-
ernments, inspired by the senti-
ments which found expression in
the Declaration of St. Petersburg
of the 29th November (11th De-
cember), 1868,
Declare as follows:
The Contracting Parties agree
to abstain from the use of bullets
which expand or flatten easily in
the human body, such as bullets
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THE AMERICAN JOURNAL OF INTERNATIONAL LAW
telles que les balles k enveloppe
dure dont Tenveloppe ne couvri-
rait pas enti^rement le noyau ou
serait pourvue d'incisions.
La pr6sente Declaration n'est
obligatoire que pour les Puissances
Contractantes, en cas de guerre
entre deux ou plusieurs d'entre
with a hard envelope which does
not entirely cover the core, or is
pierced with incisions.
Elle cessera d'etre obligatoire du
moment oii dans une guerre entrg
des Puissances Contractantes, une
Puissance non-Contractante se
joindrait k Tun des bellig^rants.
La pr^sente Declaration sera
ratifi^e dans le plus bref d^lai possi-
ble.
Les ratifications seront d^pos^es
k La Haye.
II sera dress^ du d^pdt de cha-
que ratification un proc^s-verbal,
dont une copie, certifi6e conforme,
sera remise par la voie diploma-
tique k toutes les Puissances Con-
tractantes.
Les Puissances non-Signataires
pourront adherer k la prfeente
Declaration. EUes auront, k cet
effet, k faire connattre leur adhe-
sion aux Puissances Contractantes,
au moyen d'une notification ecrite
adressee au Gouvemement des
Pays-Bas et communiquee par
celui-ci k toutes les autres Puis-
sances Contractantes.
S'il arrivait qu'une des Hautes
Parties Contractantes denong&t
la presente Declaration, cette
denonciation ne produirait ses
effets qu'un an apr^s la notifica-
tion faite par ecrit au Gouveme-
The present D<
binding for the
in the case of
more of them
|{aration is only
^cting Po
wo or
It shall cease to be binding from
the time when, in a war between
the Contracting Powers, one of the
belligerents is joined by a non-
Contracting Power.
The present Declaration shall be
ratified as soon as possible.
The ratification shall be de-
posited at The Hague.
A procks-verbal shall be drawn
up on the receipt of each ratifica-
tion, a copy of which, duly certi-
fied, shall be sent through the
diplomatic channel to all the Con-
tracting Powers.
The non-Signatory Powers may
adhere to the present Declaration.
For this purpose they must make
their adhesion known to the Con-
tracting Powers by means of a
written notification addressed to
the Netherland Government, and
by it communicated to all the other
Contracting Powers.
In the event of one of the High
Contracting Parties denouncing
the present Declaration, such de-
nunciation shall not take effect
until a year after the notification
made in writing to the Netherland
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OFFICIAL DOCUMENTS
157
ment d&s Pays-Bas et commu-
niqu^e imm^diatement par celui-ci
k toutes les autres Puissances Con-
tractantes.
Get d^nonciation ne produira
ses effets qu'k regard de la Puis-
sance qui Taura notifi^e.
En foi de quoi, les Pl^nipoten-
tiaires ont sign^ la pr^sente Declar-
ation et Tout revfetue de leurs
cachets.
Fait k La Haye, le 29 Juillet,
1899, en un seul exemplaire, qui
restera d^pos^ dans les archives du
Gouvemement des Pays-Bas et
dont des copies, certifi^ con-
formes, seront remises par la voie
diplomatique aux Puissances Con-
tractantes.
[Signatures.]
Government, and forthwith com-
municated by it to all the other
Contracting Powers.
This denunciation shall only af-
fect the notifying Power.
In faith of which the Plenipo-
tentiaries have signed the present
Declaration, and have affixed their
seals thereto.
Done at The Hague the 29th
July, 1899, in a single copy, which
shall be kept in the archives of the
Netherland Government, and of
which copies, duly certified, shall
be sent through the diplomatic
channel to the Contracting Powers.
[Signatures.]
D&ILARATION
Les Soussign^s, Pl^nipotenti-
aires des Puissances representees k
la Conference Internationale de la
Paix k La Haye, dtiment autorises
k cet efifet par leurs Gouverne-
ments, s'inspirant des sentiments
qui ont trouve leur expression
dans la Declaration de Saint-
Petersbourg du 29 Novembre
(11 Decembre), 1868,
Declarent:
Les Puissances Contractantes
s'interdisent Temploi de projec-
tiles qui ont pour but unique de
repandre des gaz asphyxiants ou
deiet^res.
La presente Declaration n'est
obligatoire que pour les Puissances
Declaration
The Undersigned, Plenipotenti-
aries of the Powers represented at
the International Peace Confer-
ence at The Hague, duly author-
ized to that eflfect by their Gov-
ernments, inspired by the senti-
ments which found expression in
the Declaration of St. Petersburg
of the 29th November (11th De-
cember), 1868,
Declare as follows:
The Contracting Powers agree to
abstain from the use of projectiles
the object of which is the diffu-
sion of asphyxiating or deleterious
The present Declaration is only
binding on the Contracting Powers
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THE AMERICAN JOURNAL OP INTERNATIONAL LAW
Contractantes, en cas de guerre
entre deux ou plusieurs d'entre
elles.
EUe cessera d'fetre obligatoire
du moment oil dans une guerre
entre des Puissances Contractan-
tes, une Puissance non-Contrac-
tante se joindrait k Tun des bellig-
6rants.
La pr6sente Declaration sera
ratifi^e dans le plus bref d^lai pos-
sible.
Les ratifications seront d^pos^es
k La Haye.
II sera dress^ du d^pdt de cha-
que ratification un procfes-verbal,
dont une copie, certifi^e conforme,
sera remise par la voie diploma-
tique k toutes les Puissances Con-
tractantes.
Les Puissances non-Signataires
pourront adherer k la pr^sente
Declaration. Elles auront, k cet
effet, k faire connaitre leur adhe-
sion aux Puissances Contractantes,
aumoyend'un enotification ecrite,
adress^e au Gouvernement des
Pays-Bas et communiquee par
celui-ci k toutes les autres Puis-
sances Contractantes.
S'il arrivait qu'une des Hautes
Parties Contractantes denong&t
la pr^sente Declaration, cette de-
nonciation ne produirait ses effets
qu'un an aprte la notification
faite par ecrit au Gouvernement
des Pays-Bas et communiquee
immediatement par celui-ci k
toutes les autres Puissances Con-
tractantes.
in the case of a war between two
or more of them.
It shall cease to be binding from
the time when, in a war between
the Contracting Powers, one of the
belHgerents shall be joined by a
non-Contracting Power.
The present Declaration shall be
ratified as soon as possible.
The ratifications shall be de-
posited at The Hague.
A procia^erbal shall be drawn up
on the receipt of each ratification,
a copy of which, duly certified,
shall be sent through the diplo-
matic channel to all the Contract-
ing Powers.
The non-Signatory Powers can
adhere to the present Declaration.
For this purpose they must make
their adhesion known to the Con-
tracting Powers by means of a
written notification addressed to
the Netherland Government, and
by it communicated to all the
other Contracting Powers.
In the event of one of the High
Contracting Parties denouncing
the present Declaration, such de-
nunciation shall not take effect
until a year after the notification
made in writing to the Govern-
ment of the Netherland, and forth-
with communicated by it to all the
other Contracting Powers.
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OFFICIAL DOCUMENTS
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Cette d^nonciation ne produira
ses effets qu'd. regard de la Puis-
sance sui Taura notifi^e.
En foi de quoi, les P16nipoten-
tiaires ont sign^ la pr^sente Declar-
ation et Tont revfetue de leurs ca-
chets.
This denunciation shall only af-
fect the notifying Power.
In faith of which the Plenipo-
tentiaries have signed the present
Declaration, and affixed their seals
thereto.
Fait k La Haye, le 29 Juillet,
1899, en une seul exemplaire, qui
restera d^pos^ dans les archives
du Gouvernement des Pays-Bas et
dont des copies, certifi^es con-
formes, seront remises par la voie
diplomatique aux Puissances Con-
tractantes.
[Signatures.]
Convention pour V Adaptation it
la Ouerre Maritime des Prindr-
pes de la Convention de Genhe
du 22 AotU 1864.
Sa Majestd TEmpereur d'Alle-
magne, Roi de Prusse; Sa Majesty
TEmpereur d'Autriche, Roi de Bo-
hSme etc. et Roi Apostolique de
Hongrie; Sa Majesty le Roi des Bei-
ges; Sa Majesty I'Empereur de
Chine; Sa Majestd le Roi de Dane-
mark; Sa Majesty le Roi d'Espagne
et en Son Nom Sa Majesty la Reine-
R4gente du Royaume; le Presi-
dent des Etats-Unis d'Am^rique;
le President des Etats-Unis Mexi-
cains; le President de la R^pub-
lique Frangaise; Sa Majesty la Reine
du Royaume-Uni de la Grande
Bretagne et d'Irlande, Imp^ra-
Done at The Hague, the 29th
July, 1899, in a single copy, which
shall be kept in the archives of
the Netherland Government, and
copies of which, duly certified,
shall be sent by the diplomatic
channel to the Contracting Powers.
[Signatures.]
[Tbanslation.]
Convention for the Adaptation to
Maritime Warfare of the Prind-
ples of the Geneva Convention of
August 22, 1864.
Mis Hajesty the Emperor of
Germany, King of Prussia; His
Majesty the Emperor of Austria,
King of Bohemia etc. and Apos-
toUc King of Hungary; His Ma-
jesty the King of the Belgians; His
Majesty the Emperor of China;
His Majesty the King of Denmark;
His Majesty the King of Spain and
in His Name Her Majesty the
Queen Regent of the Kingdom; the
President of the United States of
America; the President of the
United Mexican States; the Presi-
dent of the French Republic; Her
Majesty the Queen of the United
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THE AMERICAN JOURNAL OF INTERNATIONAL LAW
trice des Indes; Sa Majesty le Roi
des Hellenes; Sa Majesty le Roi
d'ltalie; Sa Majesty rEmpereur
du Japon; Son Altesse Royale le
Grand-Due de Luxembourg, Due
de Nassau; Son Altesse le Prince
leMont^n^gro; Sa Majesty la Reine
des Pays-Bas; Sa Majesty Imp6-
riale le Schah de Perse; Sa Majesty
le Roi de Portugal et des Algarves
etc.; Sa Majestd le Roi de Rou-
manie; Sa Majesty I'Empereur de
Toutes les Russies;' Sa Majesty
le Roi de Serbie; Sa Majesty le
Roi de Siam; Sa Majesty le Roi de
Sufede et de Norv^ge; le Conseil
F6d6ral Suisse; Sa Majesty I'Em-
pereur des Ottomans et Son Altesse
Royale le Prince de Bulgarie
figalement animus du d^sir de
diminuer autant qull depend d'eux
les maux inseparables de la guerre
et voulant dans ce but adapter k
la guerre maritime les principes de
la Convention de Genfeve du 22
ao6t 1864, ont r^solu de conclure
une Convention k cet effet;
lis ont en consequence nomm^
pour Leurs Pl^nipotentiaires, sa-
voir:
[Noms.]
Lemuels, apr^s s'^tre communi-
que leurs pleins pouvoirs, trouv^s
en bonne et due forme, sont con-
venus des dispositions suivantes:
Kingdom of Great Britain and
Ireland, Empress of India; His
Majesty the King of the Hellenes;
His Majesty the King of Italy; His
Majesty the Emperor of Japan; His
Royal Highness the Grand Duke of
Luxemburg, Duke of Nassau; His
Highness the Prince of Montenegro ;
Her Majesty the Queen of the
Netherlands; His Imperial Majesty
the Shah of Persia; His Majesty
the King of Portugal and of the
Algarves etc.; His Majesty the
King of Roumania; His Majesty
the Emperor of all the Russias;
His Majesty the King of Servia;
His Majesty the King of Siam; His
Majesty the King of Sweden and
Norway; the Swiss Federal Coun-
cil; His Majesty the Emperor of
the Ottomans and His Royal
Highness the Prince of Bulgaria.
Alike animated by the desire to
diminish, as far as depends on them
the evils inseparable from warfare,
and wishing with this object to
adapt to maritime warfare the
principles of the Geneva Conven-
tion of the 22nd August, 1864,
have decided to conclude a con-
vention to this effect:
They have, in consequence, ap-
pointed as their Plenipotentiaries,
to wit:
[Names.]
Who, after communication of
their full powers, found in good
and due form, have agreed on the
following provisions:
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Article 1.
Les b&timents-hdpitaux mili-
taires, c'est-il-dire les b&timents
constniits ou am^nag^s par les
Etats sp^cialement et unique-
ment en vue de porter secours aux
blesses, malades et naufrag^s, et
dont les noms auront €t6 commu-
niques, k rouverture ou au cours
des hostilit^s, en tout cas avant
toute mise en usage, aux Puis-
sances bellig^rantes, sont respect^s
et ne peuvent 6tre captures pen-
dant la diu^e des hostilit^s.
Ces b&timents ne sont pas non
plus assimil^s aux navires de
guerre au pont de vue de leur s£-
jour dans un port neutre.
Article I.
Military hospital ships, that is to
say, ships constructed or assigned
by States specially and solely for
the purpose of assisting the wound-
ed, sick or shipwrecked, and the
names of which shall have been
communicated to the belligerent
Powers at the beginning or during
the course of hostilities, and in
any case before they are employed,
shall be respected and cannot be
captured while hostilities last.
These ships, moreover, are not
on the same footing as men of-war
as regards their stay in a neutral
port.
Article 2.
Les b&timents hospitallers, 6qui-
p^s en totaUt^ ou en partie aux
frais des particuliers ou des soci£-
t^s de secours officiellement recon-
nues, sont ^galement respect^s et
exempts de capture, si la Puis-
sance bellig^rante dont ils depen-
dent, leur a donn^ une commission
officielle et en a notifi^ les noms k
la Puissance adverse k Touverture
ou au cours des hostilit^s, en tout
cas avant toute mise en usage.
Ces navires doivent 6tre por-
teurs d'un document de Tautorit^
comp6tente declarant qu'ils ont
6t6 soumis k son contrdle pendant
leur armement et k leur depart
final.
Article II.
Hospital ships, equipped wholly
or in part at the cost of private
individuals or officially recognized
relief Societies, shall likewise be
respected and exempt from cap-
ture, provided the belligerent
Power to whom they belong has
given them an official commission
and has notified their names to the
hostile Power at the commence-
ment of or during hostilities, and
in any case before they are em-
ployed.
These ships should be furnished
with a certificate from the com-
petent authorities, declaring that
they had been under their control
while fitting out and on final de-
parture.
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Article 3.
Les b&timents hospitallers, 4qui-
p^ en totality ou en partie aux
frais des particuliers ou des soci^
t^s officiellement reconnues de
pays neutres, sont respect^s et
exempts de capture, si la Puis-
sance neutre dont ils dependent
leur a donn£ une commission offi-
cielle et en a notifi£ les noms aux
Puissances bellig^rantes k Touver-
ture ou au cours des hostilit^s, en
tout cas avant toute mise en usage.
Article 4.
Les bfttiments qui sont mention-
n6s dans les art. 1, 2 et 3, porteront
secours et assistance aux blesses,
malades et naufrag^s des bellig^
rants sans distinction de nationa-
lity.
Les Gouvernements s'engagent
k n'utiliser ces b&timents pour
aucun but militaire.
Ces bfttiments ne devront g^ner
en aucunemani^re les mouvements
des combattants.
Pendant et apr^s le combat, ils
agiront k leurs risques et perils.
Les bellig^rants auront sur eux
le droit de contrdle et de visite;
ils pourront refuser leur concours,
leur enjoindre de s'^Ioigner, leur
imposer une direction d^termin^e
et mettre k bord un commissaire,
m^me les d^tenir, si la gravity des
circonstances Texigeait.
Autant que possible, les bellig^-
rants inscriront sur le journal de
Article III.
Hospital ships, equipped wholly
or in part at the cost of private
individuals or officially recognized
Societies of neutral countries, shall
be respected and exempt from
capture, if the neutral Power to
whom they belong has given them
an official commission and noti-
fied their names to the belligerent
powers at the commencement of or
during hostiUties and, in any case,
before they are employed.
Article IV.
The ships mentioned in Articles
I, II and III shall afford relief and
assistance to the wounded, sick,
and shipwrecked of the belligerents
independently of their nationality.
The Governments engage not to
use these ships for any military
purpose.
Tliese ships must not in any way
hamper the movements of the com-
batants.
During and after an engagement
they will act at their own risk and
peril.
The belligerents will have the
right to control and visit them;
they can refuse to help them, order
them off, make them take a certain
course and put a Commissioner on
board; they can even detain them,
if important circumstances require
it.
As far as possible the belliger-
ents shall inscribe in the suling
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163
bord des b&timents hospitallers lee
ordres qu'ils leur donneront.
Article 5.
Les b&tlments-hdpltaux mlli-
talres seront distingu^s par une
peinture ext^rieure blanche avec
une bande horizontale verte d'un
metres et demi de largeur environ.
Les b&timents qui sont mention-
n4s dans les articles 2 et 3, seront
distingu^s par une peinture ext6-
rieure blanche avec une bande
horizontale rouge d'un mfetre et
demi de largeur environ.
Les embarcations des b&timents
qui viennent d'etre mentionn^s,
comme les petits b&timents qui
pourront £tre affect^s au service
hospitalier, se distingueront par
une peinture analogue.
Tons les b&timents hospitallers
se feront reconnattre en hissant,
avec leur pavilion national, le pa-
vilion blanc k croix rouge pr6vu
par la Convention de Geneve.
Article 6.
Les b&timents de commerce,
yachts ou embarcations neutres,
portant ou recueillant des blesses,
des malades ou des naufrag^s des
bellig^rants, ne peuvent 6tre cap-
tures pour le fait de ce transport,
mais ils restent expose k la cap-
ture pour les violations de neutra-
lity qu'ils pourraient avoir com-
mises.
Article 7.
Le personnel religieux, medical
et hospitaller de tout b&timent cap-
papers of the hospitals ships the
orders they give them.
Article V.
The military hospital ships shall
be distinguished by being painted
white outside with a horizontal
band of green about a metre and
a half in breadth.
The ships mentioned in Articles
II and III shall be distinguished
by being painted white outside
with a horizontal band of red about
a metre and a half in breadth.
The boats of the ships above
mentioned, as also small craft
which may be used for hospital
work, shall be distinguished by
similar painting.
All hospital ships shall make
themselves known by hoisting, to-
gether with their national flag, the
white flag with a red cross pro-
vided by the Geneva Convention.
Article VI.
Neutral merchantmen, yachts,
or vessels, having, or taking on
board, sick, wounded, or ship-
wrecked of the belligerents, can-
not be captured for so doing, but
they are liable to capture for any
violation of neutrality they may
have committed.
Article VII.
The religious, medical, or hos-
pital staff of any captured ship is
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THE AMERICAN JOURNAL OF INTERNATIONAL LAW
tur6 est inviolable et ne peut fetre
fait prisonnier de guerre. II em-
porte, en quittant le navire, lea
objets et les instruments de chi-
nirgie qui sont sa propri6t^ particu-
li^re.
Ce personnel continuera k rem-
plir ses fonctions tant que cela sera
n^cessaire et il pourra ensuite se
retirer lorsque le commandant en
chef le jugera possible.
Les bellig^rants doivent assurer
k ce personnel tomb6 entre leurs
mains la jouissance int^grale de
son traitement.
Article 8.
Les marins et les militaires em-
barqu^s blesses ou malades, k quel-
que nation qu'ils appartiennent,
seront prot^g^s et soign^s par les
capteurs.
Article 9.
Sone prisonniers de guerre les
naufrag^s, blesses ou malades,
d'un bellig^rant qui tombent au
pouvoir de Tautre. II appartient
k celui-ci de decider, suivant les
circonstances, s' il convient de les
garder, de les dinger sur un port
de sa nation, sur un port neutre ou
m^me sur un port de Tadversaire.
Dans ce dernier cas, les prisonniers
ainsi rendus k leur pays ne pour-
ront servir pendant la dur^e de
guerre.
Article 10.
[Exclu.]
inviolable, and its members cannot
be made prisoners of war. On
leaving the ship they take with
them the objects and surgical in-
struments which are their own
private property.
This staff shall continue to dis-
charge its duties while necessary,
and can afterwards leave when the
Commander-in-Chief considers it
possible.
The belligerents must guarantee
to the staff that has fallen into
their hands the enjoyment of their
salaries intact.
Article VIII.
Sailors and soldiers who are
taken on board when sick or
wounded, to whatever nation they
belong, shall be protected and
looked after by the captors.
Article IX.
The shipwrecked, wounded, or
sick of one of the belligerents who
fall into the hands of the other,
are prisoners of war. The captor
must decide, according to circum-
stances, if it is best to keep them
or send them to a port of his own
country, to a neutral port, or even
to a hostile port. In the last case,
prisoners thus repatriated cannot
serve as long as the war lasts.
Article X.
[Excluded.]
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OFFICIAL DOCUMENTS
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Article 11.
Les regies contenues dans les
articles ci-dessus ne sont obliga-
toires que pour les Puissances con-
tractantes, en cas de guerre entre
deux ou plusieurs d'entre elles.
Les dites rdgles cesseront d'etre
obligatoires du moment od, dans
une guerre entre des Puissances
contractantes, une Puissance non
contractante se joindrait k Tun des
bellig^rants.
Article 12.
La pr^sente Convention sera
ratifi^e dans le plus bref d^lai pos-
sible.
Les ratifications seront d^pos^es
k la Haye.
II sera dress^ du d^pdt de cha-
que ratification un procfes-verbal,
dont une copie, certifi^e conforme,
sera remise par la voie diploma-
tique k toutes les Puissances con-
tractantes.
Article 13.
Les Puissances non signataires,
qui auront accepts la Convention
de Gendve du 22 aoiit 1864, sont
admises k adherer k la pr^sente
Convention.
Elles auront, k cet effet, k faire
connattre leur adhesion aux Puis-
sances contractanteS; au moyen
d'une notification ^crite, adress^e
au Gouvemement des Pays-Bas et
communiqu^e par celui-ci k toutes
les autres Puissances contractantes.
Article XI.
The rules contained in the above
Articles are binding only on the
Contracting Powers, in case of
War between two or more of them.
The said rules shall cease to be
binding from the time when, in a
war between the Contracting
Powers, one of the belligerents is
joined by a non-Contracting Power.
Article XII.
The present Convention shall be
ratified as soon as possible.
The ratifications shall be de-
posited at The Hague.
On the receipt of each ratifica-
tion a procks-verbal shall be drawn
up, a copy of which , duly certified,
shall be sent through the diplo-
matic channel to all the Contract-
ing Powers.
Article XIII.
The non-Signatory Powers who
accepted the Geneva Convention
of the 22nd August, 1864, are al-
lowed to adhere to the present
Convention.
For this purpose they must
make their adhesion known to the
Contracting Powers by means of a
written notification addressed to
the Netherland Government, and
by it communicated to all the
other Contracting Powers.
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Article 14.
S'il arrivait qu'une des Hautes
Parties contractantes d^nong&t la
pr6sente Convention, cette d6non-
ciation ne produirait ses effete
qu'un an apr^s la notification
faite par 6crit au Gouvemement
des Pays-Bas et communiqu6e
imm^diatement par celui-ci k tou-
tes les autres Puissances contract-
antes.
Cette d^nonciation ne produira
ses effets qu'k regard de la Puis-
sance qui Taura notifi^e.
En foi de quoi, les P16nipoten-
tiaires ont sign6 la pr^sente Con-
vention et Pont revfitue de leurs
cachets.
Fait k la Haye, le vingt-neuf
juillet mil huit cent quatre-vingt
dix-neuf, en un seul exemplaire
qui restera d^pos^ dans les ar-
chives du Gouvemement des Pays-
Bays et dont des copies, certifi6es
conformes, seront remises par la
voie diplomatique aux Puissances
contractantes.
[Signatures.]
Article XIV.
In the event of one of the High
Contracting Parties denouncing
the present Convention, such de-
nunication shall not take effect
until a year after the notification
made in writing to the Netherlands
Government, and forthwith com-
municated by it to all the other
Contracting Powers.
This denunciation shall only af-
fect the notifying Power.
In testimony whereof the respec-
tive Plenipotentiaries have signed
the present Convention and afi&xed
their seals thereto.
Done at The Hague the 29th
July, 1899, in single copy, which
shall be kept in the archives of the
Government of the Netherlands,
and copies of which duly certified
shall be sent through the diplo-
matic channel to the Contracting
Powers.
[Signatures.]
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OFFICIAL DOCUMENTS 167
Dissolution de V Union Su^do-Norvhgienne. TraiUes du 29 octobre, 1905
Procks-verbai de signature, dressh A Stockholm le 26 octobre, 1906
Les soussign^s M. Thor de Ditten^ Fl^nipotentiaire de la Norvdge, d'un
cdt6, de Fautre M. le Comte Axel Fr^d^ric Claesson Wachmeister,
Pl^nipotentiaire de la Su^de,
Se sont r^unis au jourd'hui en vue de convertiren Conventions formelles
les pro jets de conventions:
1. concernant le r^glement de diff trends par arbitrage;
2. relative k I'^stablissement d'une zone neutre, d. la mise hors d'etat
de servir de fortifications, etc.;
3. concernant le droit des Lapons nomades au pacage pour les rennes,
etc.;
4. concernant le trafic en transit; et
5. concernant les lacs et cours d'eau communs,
arr^tds h, Karlstad par les d^l^gute norv^giens et su^dois, et approuv^s
par le Storthing norv^gien le 9 octobre 1905 et par le Riksdag su^dois le
13 octobre 1905, ainsi que de convertir en Acte conventionnel formel le
projet d'acte s6par6 concernant les mesures vis^es aux articles 3 et 5 du
projet de convention relative k I'^tablissement d'une zone neutre, k la
mise hors d'etat de servir les fortifications, etc., arr6t^ par les d^l6gu4s
mentionn^s plus haut et approuv^, conformement k I'autorisation des
representations nationales respectives, par le Gouvemement norv^gien le
10 octobre 1905, et par le Gouvemement su^dois le 13 octobre 1905,
Les soussign^s ont pr^sent^ les documents suivants:
du cdt6 norvdgien:
1 a) act contenant les cinq projets de conventions susmentionn^s,
arrfit^s par les d^l^gu^s k Karlstad, en original norv6gien;
b) acte contenant le projet d'acte s^par^ susmentionn^, arr^t^ par les
d616gu6s k Karlstad, en original norv^gien;
2. I'addresse du 9 octobre 1905, portant que le Storthing a approuv6,
k condition qu'une decision analogue soit prise en Su^de, les projets de
conventions mentionn^s sub 1. a), qui devront sortir leur effet d^s que la
Su^de aura reconnu la Norv^ge comme £)tat s^par^ de Tunion avec la
Sudde;
3. extrait des proc^s-verbaux dresses k la session du Gouvemement
norv^gien le 10 octobre 1905, portant que le Gouvemement norvfegien a,
sur le rapport du Ministre de la Justice, approuv6, au nom de la Norv^ge,
le project d'acte s^par^ susmentionn6;
4. I'addresse du 18 octobre 1905, portant que le Storthing autorise le
Gouvemement norv^gien k designer un ou plusieurs pl^nipotentiaires por
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168 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
signer, au nom de la Norvftge,et sans r6serv6 de ratification, les pro jets de
conventions et d'acte s6par6 susmentionn^s, en langues norv^gienne,
su^doise et frangaise, lesquels devront sortir leur effect dfes que la SuMe
aura reconnu la Norv^ge comme £)tat s^par^ de I'union avec la SuMe; et
5. pleins pouvoirs du Gouvemement norv^gien pour M. de Ditten de
signer les Conventions et I'Acte s^par^ susmentionn^s;
du c6t6 sufedois:
1. a) acte contenant les cinq pro jets de conventions susmentionn^s,
arr^t^s par les d616gu£s k Karlstad, en original su^dois;
b) acte contenant le projet d'acte s^par^ susmentionn^, arr6t^ par les
d^l^gu^s k Karlstad, en original su^dois;
2. Taddresse du 13 octobre 1905, portant que le Riksdag a approuv^,
k condition qu'une decision analogue soit prise en Norv^ge, les projets de
conventions mentionn& sub 1. a), qui devront sortir leur eflfet dfes que la
Sufede aura reconnu la Norvfege comme fitat s^par^ de Tunion avec la
Su^de, et que le Riksdag a d^clar^ que cette approbation implique
Tautorisation pour le Roi d'approuver, au nom de la Su^de, le projet
d'acte s^par6;
3. extrait des procfts-verbaux dresses au Counseil des ministres, pr6-
sid6 par le Roi, le 13 octobre 1905, portant que le Roi a, sur le rapport du
Ministre de la Justice, approuv^, au nom de la Su^de, le projet d'acte
s4par6;
4. Taddresse du 16 octobre 1905, portant que le Riksdag a, sur la
proposition du Gouvemement, vot^ une loi concernant Tabrogation, de la
part de la su^de, de Facte d'Union, laquelle loi devra entrer en vigueur
d^s que les trait^s auront ^t^, dans les formes internationales d'usage,
arrSt^s en conformity des projets mentionn^s sub 1. a) et 6), et que le
Riksdag a autoris^ le Roi k reconnattre, au nom de la Su^de, la Norv^ge
comme £tat s6par6, de Tunion avec la Su^de, sous r^serv^ de la signature
en due forme des dits trait^s;
5. extrait des proc^s-verbaux dresses au Conseil des ministres, pr6-
sid6 par le Roi, le 26 octobre 1905, portant que le Roi a d6cid6 de pro-
mulguer la loi mentionn^e sub 4. et de reconnattre, sous la reserve
^galement vis^e sub 4., la Norv^ge comme 6tat s6par^ de Tunion avec la
Su6de; et
6. pleins pouvoirs du Gouvemement su^dois pour M. le Comte
Wachtmeister de signer les Conventions et T Acte s6par6 susmentionn6s.
Ayant pris connaissance mutuellement des documents pr^sent^s,
lesquels ont 6t6 trouv^s en bonne et due forme, et aprfes avoir 6chang6 les
pleins pouvoirs, les soussign^s ont d^clar^ que les Convention et TActe
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OFFICIAL DOCUMENTS 169
8^par6 k signer seront consid^r^s obligatolres k compter de ce jour, sans
aucune ratification.
' Apr&s quoi les soussign^s ont sign^, en langues norv^gienne, su^doise
et frangaise, et en double, les acts suivants, k savoir:
1. Convention concemant le r^glement de diff^rends par arbitrage;
2. Convention relative k I'dstablissement d'une zone neutre, k la
mise hors d'etat de servir de fortifications, etc;
3. Convention concernant le droit des Lapons nomades au pacage
pour les rennes, etc.;
4. Convention concemant le trafic en transit ;
5. Convention concemant les lacs et cours d'eau communs; et
6. Acte s^par6 concemant les mesures vis6es aux articles 3 et 5 de la
Convention relative k I'^tablissement d'une zone neutre, k la mise hors
d'etat de servir de fortifications, etc.
En foi de quoi les Pl^nipotentiaires respectifs ont dress^ le pr^ent
proc^s-verbal de signature, qui aura la mdme force et la mdme valeur que
si les dispositions qu'il contient ^taient ins^r^ dans les-dits actes eux-
m^mes.
Fait k Stockholm, en double expedition, le 26 octobre 1905.
[l. 8.] V. DiTTBN.
[l. 8.] F. Claeson Waohtmeister.
(TBXTB9 OBXOniAUX.]
Convention concemant le rkglement de diffirende par arbitrage.
M. Thor de Ditten, Pl^nipotentiaire de la Norv^ge, et
M. le Comte Axtel Fr^d^ric Claesson Wachtmeister, PI6nipotentiaire
de la Su^de, s'^tant r^unis en vue de convertir en Convention formelle le
projet de convention concernant le r&glement de difF6rends par arbitrage,
approuv6 par le Storthing norvfegien le 9 octobre 1905 et par le Riksdag
suMois le 13 octobre 1905, et dAment autoris^s k cet effet, ont sign^,
sans reserve de ratification, les articles qui suivent:
Article 1. Les deux £tats ('engagent k soumettre k la Cour perma-
nente d' Arbitrage, ^tablie par la) Convention du 29 juillet 1899, k laHaye,
les diff^rends qui viendraient k se produire entre eux et qui n'&uraient pu
dtre r^gl^s par des n^gociations diplomatiques directes, k la condition
toutefois qu'ils ne mettent en cause ni I'ind^pendance, ni rint^grit^, ni les
int^rdts vit aux de Tun ou de Tautre des £ltats respectifs.
Art. 2. En cas de divergence sur le point de savior si le diff^rend qui
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170 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
se sera produit met en caiise les int^grit^s vitaux de Tun ou de Tautre des
£tats, et de ce chef doit 6tre compris parmi ceux qui, aux termes de
I'article pr6c6dent, sont except^s de I'arbitrage obligatoire, la dite diverg-
ence sera soumise k la Cour d' Arbitrage susnomm6e.
Art. 3. La pr^sente Convention recevra son application, mdme si les
diff^rends qui viendraient k se produire avaient leur origine dans les faits
ant^rieurs k sa conclusion, mais elle ne s'appliquera pas aux diff^rends
relatifs k Tintepr^tation ou k Tapplication de conventions contenant une
clause sp^ciale d' arbitrage, et par consequent, pas aux diff^rends relatifs
k Tinterpr^tation ou k I'application des conventions conclues k I'occasion
de la dissolution de TUnion entre les deux fitats.
Art. 4. Lorsqu'il aura lieu k un arbitrage entre eux, les deux £tats, k
d^faut de clauses compromissoires contraires, se confomeront, pour tout
ce qui concerne la designation des arbitres et la procedure arbitrate, aux
dispositions 6tablies par la Convention du 29 julliet 1899, sauf en ce qui
concerne les points indiqu6s ci-apr^s.
Art. 5. Aucun des arbitres ne pourra 6tre sujet de Tun ou de I'autre
£tat, ni domicilii dans leurs territoires. lis ne devront avoir aucun
int^rSt dans les questions qui feront Tobjet de I'arbitrage.
Art. 6. Le compromis pr6vu par Particle 31 de la Convention du 29
juillet 1899 fixera un terme avant Texpiration duquel devra avoir lieu
rechange entre les deux £tats des memoirs et documents se rapportant k
Tobjet du diff^rend. Get ^change sera termini dans tous les cas avant
Pouverture des stances du Tribunal Arbitral.
Ces dispositions ne portent aucune atteinte k ce qui a 6t6 arrSte par la
Convention de la Haye du 29 juillet 1899 concemant la second phase de
la procedure arbitrate (article 39), notamment pas aux dispositions des
articles 43 k 49.
Art. 7. S'il y a lieu, la sentence arbitrale contiendra indication
des delais dans lesquels elle devra 6tre ex^cutee.
Art. 8. La pr&ente Convention aura la dur^e de dix ans, k partir du
jour de la signature, et sera prolong^e pour une p^riode de la mSme dur^e,
si elle n'est pas d^nonc^e par Tun ou Tautre des £tats aux moins deux
ans avant Texpiration de la p^riode d^cennale.
Fait k Stockholm, en double expedition, le 26 octobre 1905.
[L. 8.] V. DiTTBN,
[l. s.] F. Clason Wachtmeistbr.
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OFFICIAL DOCUMENTS 171
Convention relative 4 le'itablissement d'une zone nevJtre, A la mise hore
d'itat de servir de fortifications y etc.
M. Thor de Ditten, Pl^nipotentiaire de la Norv^ge, et
M. le Comte Axel Fr6d6ric Claesson Wachtmeiser, Pl^nipotentiaire de
la Su^de,
S'^tant r^unis en vue de convertir en Convention formelle le projet de
convention relative k r^tablissement d'une zone neutre, k la mise hors
d'6tat de servir de fortifications, etc., approuv6 par le Storthing norv^
gien le 9 octobre 1905 et par le Riksdag su^dois le 13 octobre 1905, et
dtLment autoris^s k cet effet, ont sign6, sans reserve de ratification, les
articles qui suivent;
Art. 1. Afin d'assurer des relations pacifiques entre les deux £tats,
il sera dtabli, des deux cdt^s de la fronti^re commune, un territoire
("zone neutre") qui jouira des avantages d'une neutrality perp^tuelle.
Cette zone sera limit^e comme suit:
du cdt^ norv^gien par une ligne de demarcation allant, en ligne droite,
par le Kirko, en touchant la pointe nord-ouest du Singled k T^glise
d'Ingedal et, de l&,formant une succession de lignes droites passant par:
r^glise de Rokke, la pointe situ^e sur la rive nord de Temhouchure du
cours d'eau de Fredrickshald dans le Femsjo, Tembouchure, dans Tangle
nord-est du Femsj5, du ruisseau passant prfes de la ferme de Rod, Tex-
tr^mite est du Klosatjern, Textr^mit^ est du Grefslivand (au nord de
r^glise de Haerland), la pointe s'avangant dans TOgderensjo au sud-
ouest de Kraaktorp, le d^troit entre le Mjermen et le Gaasefjord,
TEidsdammen, Textr^mit^ sud-ouest du Dyrerudtjem (k Text^mit^ nord
du Liermosen), I'^glise d'Urskog, Textr^mit^ sud du Holmtjern, Tangle
sud du Digersjd, Textr^mit^ nord du Skasensjo, Textremite est du Nordre
Fldgensjd, jusqu'au point oil TUlvaa coupe le 61° paralldle.
du cdte su^dois par une ligne de demarcation partant de la pointe
septentrionale du Nordkoster et formant une succession de lignes droites
passant par: la pointe m^ridionale du Norra Lango, Textremite nord-est
du lac de Faringen, Textremite nord-est du Lursj6n, Tembouchure du
fleuve ne Eynne dans le Sddra BuUaren, Textremite sud-est du Sddra
Komsjdn, Textremite sud du Stora Le, Textremite ou est deTOgnesjon,
Textremite sud du Lysedstjam, Textremite sud du Svalsj6n, Textremite
sud du Nassj6n, Textremite sud du Bysj6n, Textremite nord-ouest du lac
de Kymmen, Textremite nord-ouest du Grunssj6n, Textremite nord-
ouest du Klaggan, Textremite nord du Mangen, Textremite ouest du
Bredsjon, jusqu'au point oil la rive droite du Klaralfven coupe le 61°
parall^le;
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172 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Dans la dite zone sent compris lea ties, tlote et r^cifs, mais non pas les
parties de la mer elle-mdme avec ses golfes, qui se trouvent dans les
limites de la zone.
La neutrality de la dite zone sera complete. II sera done d^fendu k
chacun dee deux £tats de f aire dans cette zone des operations de guerre,
de s'en servir comme point d'appui ou comme base d'op^rations de ce
genre et d'y faire stationner (sauf Texception pr6vue par Tarticle 6) ou
concentrer des forces militaires armies, sauf celles qui pourraient 6tre
n^cessaires pour le maintien de Tordre public ou pour porter secours en
cas de sinistre. Si, Tun des £tats, il existe, ou si plus tard il y est con-
struit des chemins de fer passant par une partie de la zone neutre de cet
£tat dans une direction essentiellement parall^le k Taxe longitudinal de
celle-ci, les pr^sentes dispositions ne s'opposeront pas k I'emploi de ces
chemins de fer pour les transports militaires de passage. EUes ne
s'opposeront pas non plus k ce que des personnes, domicili^es dans la
partie de zone de Tun des £tats et qui appartiennent k I'arm^ ou k la
flotte, s'y r^unissent pour 6tre dirig^es sans retard hors de la zone.
On ne pourra conserver dans la zone neutre et on ne pourra y 4tablir k
Favenir ni fortifications, ni ports de guerre ni d^pdts de provisions des-
tines k I'armee ou k la flotte.
Toutefois ces dispositions ne seront pas applicables au cas oil les deux
£tats se porteraient secours dans une guerre contre un ennemi commun.
Si Tun des deux fitats se trouve en guerre avec une tierce Puissance,
elles n'engageront pas non plus, pour la partie de la zone qui appartient
k chacun d'eux, ni celui qui se trouve en guerre, ni I'autre, en tant qu'il
s'agit pour celui-ci de faire respecter sa neutrality.
Art. 2. En vertu des dispositions pr^ced^ntes, les fortifications qui se
trouvent actuellement dans la zone neutre telle qu'elle a 6t6 etablie ci-
dessus seront d^mantel^es, k savoir: les groupes de fortifications norv^-
giennes de Fredrikssten avec Gyldenl6ve, Overbjerget. Veden et Hjelm
koUen, d'Orje avec Kroksund et d'Urskog (Dingsrud).
Art. 3. Les fortifications vis^es k Particle 2 seront mises hors d'etat
de servir en cette quality ; les ouvrages anciens de Fredrikssten et des
forts de Gyldenldve et d'Overbjerget seront toutefois conserves, mais il
sera d6fendu d'y faire des trauvaux d'entretien ayant un caract^re de
fortification.
Des stipulations plus detailiees relatives aux constructions modernes
de ces trois forts, ainsi qu'aux mesures k prendre en ce qui touche les
autres fortifications, seront ins^rees dans un acte s^pare qui aura la m^me
force et la mSme valeur que la pr6sente Convention.
Art. 4. L'ex^cution des mesures vis^es k Tarticle 3 sera achev^e au
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OFFICIAL DOCUMENTS 173
plus tard huit mois apr&s Tentr^e en vigueur de la pr^nte Conven-
tion.
Abt. 5. Une commission compos6e de trois officiers de nationality
^trang^re (ni norvdgienne, ni su^doise) sera charg^e de contrdler que les
mesures vis^es k Tarticle 3 auront 6t6 dAment ex^cut^es. De oes officiers
un sera nomm6 par chacun des deux £tat6 et le troisi^me par les deux
officiers ainsi d^sign^ ou, dans le cas oil ils ne pourraient tomber d'ao-
cord, par le President du Conseil F^d^ral Suisse.
Des dispositions plus d6taill^ relatives k ce oontrole seront ins^r^
dans TActe s^par^ mentionn^ ci-dessus.
Art. 6. Fredrikssten pourra continuer k £tre le quartier du com-
mandement militaire du district et celui de T^cole de sous-officiers des
forces ressortissant k ce commandement, le tout essentiellement sur le
m^me pied qu'avant la construction des fortifications modemes.
Art. 7. Le groupe de fortifications de Kongsvinger ne pourra 6tre
augments, ni comme constructions, ni comme armement, ni comme
gamison, le chi£fre de cette demiire n'ayant pas, jusqu'ici, d^pass^ 300
hommes. Ne seront pas compris dans la gamison les hommes con-
voqu4s pour les exercices annuels. En application de la disposition
ci-dessus, il ne pourra 6tre ^tabli de nouvelles fortifications dans un rayon
de dix kilometres autour de la forteresse ancienne de Kongsvinger.
Art. 8. Les diff^rends relatifs k Tinterpr^tation ou k Tapplication de
la pr^nte Convention qui n' auront pu £tre r6gl6s par des n^gociations
diplomatiques directes seront, avec I'exception qui suit de I'article 5,
soumis k un Tribunal Arbitral compost de trois membres dont un sera
nomm6 par chacun des deux £tats et le troisiftme par les deux membres
ainsi d^ign^s, ou, s'ils ne peuvent tomber d'accord sur ce choix, par le
President du Conseil F^d^ral Suisse, ou, subsidiairement, de la maniftre
pr4vue par les deux demiers alin^as de Particle 32 de la Convention de la
Haye du 29 juillet 1899. Aucun des arbitres ne pourra dtre sujet de Tun
ou de Tautre £tat, ni domicilii dans leurs territores. Ils ne devront
avoir aucun int^rdt dans les questions qui feront I'objet de I'arbitrage.
A d^faut de clauses compromissoires contraires, le Tribunal Arbitral
d^terminera le lieu de sa reunion et la procedure arbitrate.
Art. 9. La pr^sente Convention entrera imm^diatement en vigueur
et ne pourra Stre d6nonc^e que d'un commun accord.
Fait k Stockholm, en double expedition, le 26 octobre 1905.
[l. s.] V. Ditten.
[l. s.] F. Cl: BON Wachtmeister.
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174 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
ConventUm concemant le draU des Lapons nomadea au pacage pour lea
renneSf etc.
M. Thor de Ditten, Pl^nipotentiaire de la Norv^ge, et
M. le Comte Axel Fr6d6ric Glaeason Wachtmeistery P16nipotentiaire de
la SuMe,
S'^tant r^unis en vue de convertir en Convention formelle le projet de
convention concernant le droit des Lapons nomades au pacage pour les
rennes, etc, approuv^ par le Storthing norv^gien le 9 octobre 1905 et par le
Riksdag su^dois le 13 octobre 1905, et diiment autoris^s k cet effet, ont
8ign6; sans reserve de ratification, les articles qui suivent;
Article 1. Les deux £tats s'engagent, dans un but humanitaire, k
continuer dor^navant de permettre, chacun sur son territoire, que les
Lapons nomades de I'autre £tat jouissent; dans les proportions an-
ciennes, des droits mentionn^s dans la premiere annexe du traits de
delimitation du 7/18 octobre 1751, chacun des deux £tats renongant k
toute pretention de pouvoir d^noncer ladite annexe sans le consentement
de I'autre.
Art. 2. La loi de 1883 sur les Lapons nomades, qui remplace actuelle-
ment dans les deux £tats Tannexe susmentionn^e, et qui a en dernier lieu
ete prorogue jusqu' JL la fin de rann^e 1709, sera prorogue pour une p^riode
de dix ann^es encore, soit jusqu'i la fin de I'annee 1917; toutefois, pour
ce qui conceme son application pendant ladite p^riode, il sera k observer
ce qui suit:
1^ Le droit qui revient aux Lapons de chacun des £tat8 de sojourner
avec leurs rennes dans Tautre, sans Tautorisation des propri^taires
fonciers ou fermiers int6ress6s, durant certains mois de Tann^e men-
tionn^s dans ladite loi, ne pourra 6tre exerc^ que dans les prefectures de
Tromso et de Nordland en Norv^ge et dans celles de Norrbotten et de
Vasterbotten en SuMe;
2^ It ne sera pas permis aux Lapons passant de I'un des pays dans
I'autre d'amener des rennes appartenant k des personnes ayant demeure
fixe ou k des soci6t6s anonymes;
3^ Les Lapons su^dois ne pourront, sans I'autorisation des propri6-
taires fonciers ou fermiers int^ress^s, passer en en Norv^ge avec leurs
rennes ayant le 15 juin, k moins que des conditions m^t^orologiques
extraordinaires ne rendent une migration anticip^e n^cessaire. La
Su^de aura cependant le droit de soumettre k ses frais, k un Tribunal
Arbitral constitu^ conform^ment k Tarticle 4 ci-dessous la question de
savoir si et dans quelle mesure il est n^cessaire pour les Lapons su^dois,
ind^pendamment de conditions m^t^orologiques extraordinaires, de
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OFFICIAL DOCUMENTS 175
passer en Norv^ge avant le 15 juin, et, dans ce cas, il sera donn^ suite k
la decision du Tribunal Arbitral; dans aucune hypoth^ cependant
ladite migration ne pourra avoir lieu avant le 1 mai.
Abt. 3. En temps utile avant la fin de Tann^e 1917, des n^gociations
relatives k la revision des dispositions dans cette mati^re, en vigueur entre
les deux £tats, seront engag^ entre eux.
Art. 4. Les di£f6rends relatifs k I'interpr^tation ou k Tapplication des
dispositions dans la mati^re, en vigueur en tout temps entre les deux
£tats, et qui n'auront pu 6tre HgUs par des n^gociations diplomatiques
directes, seront soumis k un Tribunal Arbitral compost de trois membres
dont un sera nomm6 par chacun des deux £tats et le troisi^me par les
deux membres ainsi d^signte, ou, s'ils ne peuvent tomber d'acoord sur ce
choix, par le President du Conseil F^d^ral Suisse, ou, subsidiairement, de
la mani^re pr^vue par les deux demiers alin^as de I'article 32 de la Con-
vention de la Haye du 29 juillet 1899.
A d^faut de clauses compromissoires contraires, le Tribunal Arbitral
d6terminera le lieu de sa reunion et la procedure arbitrale.
Fait k Stockholm en double expedition, le 26 octobre 1905.
[l. B.] V. DiTTBN.
[l. s.] F. Cl.: son Wachtmbibter.
Convention concemant le irafic en transit,
M. Thor de Ditten, Pl^nipotentiaire de la Norvftge, et
M. le Comte Axel Fr^d^ric Claesson Wachtmeister, Pl^nipotentiaire
de la Suftde,
S'6tant r^unis en vue de convertir en Convention formelle le projet de
convention concernant le trafic en transit, approuv6 par le Storthing
norv^gien le 9 octobre 1905 et par le Riksdag suftdois le 13 octobre 1905,
et diiment autoris^s k cet effet, ont sign^, sans reserve de ratification, les
articles qui suivent:
Article 1. Chacun de deux £tats s'engage k ne pas emp^cher ou
g6ner, par des prohibitions d'importation ou d'exportation, par des
entraves apport^es au transport ou par d'autres moyens, le transport des
marchandises passant par son territoire et venant de Tautre £tat ou s'y
rendant (marchandises en transit).
En cas d'hostilit^s avec une tierce Puissance ou entre tierces Puis-
sances, ou bien dans d'autres cas extraordinaires,il pourra 6tra fait, pour
les armes; munitions ou autre materiel de guerre, et, en temps de guerre.
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176 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
pour toutes marchandises ayant le caractdre de oontrebande de guerre,
les exceptions provisoires exigtes par le droit international ou com-
mandoes par le souci de la neutrality ou de la sAretO du pays. II sera
Ogalement permis de faire les exceptions provisoiries nOcessaires pour
emp^cher Tintroduction ou la propagation d'OpidOmies ou d'Opizooties.
Art. 2. Les marchandises en transit ne seront pas soumises k des
droits de douane ou k d'autres droits analogues, ni frapp^, du fait du
transit, d'un droit special quelconque. Sur les marchandises consignees
en entrepdts ou autres semblables, les droits Otablis pourront 6tre per^us.
Art. 3. Les marchandises en transit, transports par chemin de fer,
ne seront pas soumises, dans le pays de transit, k un i^gime moins favor-
able que ce lui appliqu6 en gOnOral, dans ce pa3rs, aux marchandises de la
m^me catOgorie. EUes n'auront par consequent pas k acquitter, sous
aucune forme, des taxes de transport plus 6l^y6ea que celles resultant des
tarifs appUquOs de fait dans le dit pays. Si, pour certaine catOgorie de
marchandises, le pa}rs de transit n'applique pas dans tous les cas le m6me
tarif, les marchandises en transit n'auront k acquitter que les taxes de
transport jugOes 4quitables par rapport aux tarifs qui sont de fait appli-
ques en general en dedans des limites du pays de transit, abstraction
faite des reductions spOciales consenties sur des lignes locales tertiaires
ou pour des raisons exceptionnelles. Si, dans le pays de transit, le
transport de certaine categoric de marchandises est nul ou de peu d'im-
portance, les marchandises en transit de cette categorie n'auront k
acquitter que les taxes de transports jugOes equitables par rapport aux
tarifs appliques aux marchandises qui s'en rapprochent le plus.
Get article s'applique k toute marchandise qui, venant de Tun des deux
pays ou s'y rendant, traverse Tautre par une ligne de chemin de fer
appartenant, en tout ou en partie, k r£tat ou k une societe dont r£tat
est un des associes. Si r£tat ou une societe dont r£tat est un des asso-
cies c6de une ligne, ou sa part d'une ligne, k un nouveau proprietaire,
r£tat restera garant de Tapplication, malgre cette cession, des dispo-
sitions du present article.
Art. 4. Les marchandises en transit, ainsi que les navires affretes
pour leur transport, ne seront pas soumis, dans le pays de transit, k des
droits de port ou de navigation ou k d'autres droits, de quelque nature
que ce soit, plus eievOs que ceux resultant des tarifs qui, dans le trafic
international du pays de transit, sont de fait appliques en general aux
marchandises de la m6me categoric, sans prejudice toutefois du droit
des communes de percevoir des droits de port conformement k la legisla-
tion generale.
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OFFICIAL DOCUMENTS 177
Si certalne categoric de marchandises ne figure point ou seulement
avec des quantit^s peu importantes dans le trafic international du pays
de transit, il ne sera pas pergu de droits plus 61ev6s que ceux jugSs
6quitables par rapport aux tarifs appliques aux marchandises qui s'en
rapprochent le plus.
Art. 5. Les dispositions ci-dessus seront appliqu^es mdme dans le cas
oil une marchandise en transit fait I'objet d'une r^exp^dition dans le
pays de transit.
Art. 6. La pr^sente Convention aura la dur6e de trente ans; k partir
du r Janvier 1906, et sera prolong^ pour une nouvelle p^riode de la m6me
diu^, si elle n'est pas d^nono^e par I'un des £tats au moius cinq ans
avant I'expiration de la p^riode de trente ans.
Art. 7. Les dispositions pr^cMentes concernant les taxes de trans-
port par chemin de fer n'infirment en rien le contrat pour le transport
de minerai sur la ligne d'Ofoten, conclu le 11/7 octobre 1898 entre I'fitat
norv^gien et la soci^t^ anonyme de Loussavaara — Eiirunavaara, en ce
qui concerne la quantity contractuelle de 1.200.000 tonnes. Si les
gisements de Loussavaara — Kiirunavaara passent k un nouveau pro-
pri^taire, celui-ci ne poiuxa, en ce qui concerne le transport de la dite
quantity, se pr^valoir de la pr^sente Convention pour obtenir d'autres
conditions que celles stipul^es par le contrat.
Art. 8. Les diff^rends relatifs k I'interpr^tation ou k I'application de
la pr^sente Convention qui n'auront pu dtre r6gl4s par des n^gociations
diplomatiques directes, seront soumis k un Tribunal Arbitral compost de
trois membres dont un sera nomm^ par chacun des deux £tats et le
troisidme par les deux membres ainsi d^sign^s, ou, s'ils ne peuvent
tomber d'accord sur ce choix, par le President du Conseil F6d6ral Suisse,
ou, subsidiairement, de la mani^re pr^vue par les deux derniers alin^as
de I'article 32 de la Convention de la Haye du 29 juillet 1899.
A d^faut de clauses compromissoires contraires, le Tribunal Arbitral
d^terminera le lieu de sa reunion et la procedure arbitrate.
Fait k Stockholm, en double expedition, le 26 octobre 1905.
[l. 8.] V. DiTTEN.
[l. 8.] F. Cl: son Wachtmbister.
Convention concernant les lacs et cows d'eau communs.
M. Thor de Ditten, P16nipotentiaire de la Norvfege, et
M. le Comte Axel Fr6d6ric Claesson Wachtmeister, P16nipotentiaire de
la SuMe,
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178 THE AMEBICAK JOUBNAL OF IKTEBNATIOKAL LAW
S'^tant r6uii]8 en vue de oonvotir en Convention fonndle le projet de
convention oonoemant les Ucs et oouzs d'eaa eomnrans, approuv6 par le
Storthing norv^gien le 9 octobre 1905 et par le Riksdag suMois le 13
octobre 1905, et diiment autoria6s k oet effet, ont 8ign6, sans reserve de
ratification, les articles qui suivent:
Abticle 1. S'il est question, sur le territoire de Tun des deux £tat8,
d'endiguer un lac, d'en abaiaao' le niveau ou d'en d^river les eaux,
d'6tablir des constructions dans un cours d'eau, d'en d^ver ks eaux ou
de prendre d'autresmesures envued'en modifier la profoundeur, le lit ou
la direction, c'est la l^islation de cet £tat qui sera appliqute en ce qui
conoeme le droit d'entre-prendre les travaux, quand m£me ceux-d pour-
raient influencer les eaux situ^es dans I'autre £tat. Les ressortissants
de ce dernier £tat auront, pour faire valoir leurs droits, les mftmes facili-
ty dont jouissent, dans des droonstanoes analogues, les ressortissants de
r£tat oil seraient enteipris les travaux, et ils jouiront £galement des
m^mes droits que ceux-d pour tout ce qui conceme les conditions aux-
quelles est soumise I'ex^cution des dits travaux.
Art. 2. Conf orm^ment aux principes g£n6raux du droit international,
il est entendu que les travaux mentionn^ k I'article 1 ne pourront £tre
ex^cut^s dans Tun des deux £tats sans le consentement de I'autre,
chaque fois que ces travaux en influen9ant les eaux situto dans I'autre
£tat, auraient pour effet soit de mettre des entraves sensibles k TutUisa-
tion d'un cours d' eau pour la navigation ou le flottage, soit d'l^porter
autrement des changements s£rieux aux eaux d'une region d'^tendue
considerable
Abt. 3. En ce qui conceme I'ouverture, le maintien et I'utilisation
d'un cours d'eau pour la navigation ou le flottage, les ressortissants de
chacun des £tats jouiront dans I'autre des m£mes droits et liberty que
le ressortissants du pays.
Abt. 4« La pr^sente Convention s'applique k tons les lacs et cours
d'eau communs aux deux £tat8. Seront consid^r^ comme communs
les lacs et cours d'eau qui servent de fronti^re entre les deux £tats ou qui
sont situ^ dans les territoires des deux ou qui se d^versent dans les dits
lacs et cours d'eau.
Art. 5. La pr^sente Convention aura la dur^ de cinquante ans, k
partir du 1 Janvier 1906, et sera prolong^ pour une nouvelle p6riode de la
m£me dur6e, si eUe n'est pas d6nonc^ par I'un des £tat8 au moins cinq
ans avant I'expiration de la p6riode de cinquante ans.
Abt. 6. Les diff^rends relatifs k rinterpr^tation ou k I'application
de la pr^nte Convention qui n'auront pu dtre r^gl^ par des n^cia-
tions diplomatiques directes, seront soumis k un Tribunal Arbitral
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OFFICIAL DOCUMENTS 179
compost de trois membres dont un sera nomm^ par chacun des deux
£tats et le troisidme par les deux membres ainsi d^sign^s, ou, s'ils ne
peuvent tomber d'accord sur ce choix, par le President du Conseil
F^d^ral Suisse, ou, subsidiairement, de la maniftre pr6vue par les deux
demiers alin^as de Tarticle 32 de la Convention de la Haye du 29 juillet
1899.
A d^faut de clauses compromissoires contraires, le Tribunal Arbitral
d^terminera le lieu de sa reunion et la procedure arbitrale.
Fait k Stockholm, en double expedition, le 26 octobre 1905.
[L. 8.] V. DiTTBN.
[l. s.] F. Cl: son Wachtmeistbr.
Convention between ike United Kingdom and France Concerning the
New Hebrides. Signed at London, October iO, 1906. (Ratifications
exchanged at London, January 9, 1907.)
The Government of His Majesty the King of the United Kingdom of
Great Britain and Ireland and of the British Dominions beyond the Seas,
Emperor of India, and the Government of the French Republic, having
agreed, in a spirit of mutual good-will, to confirm the Protocol, prepared
in conformity with the Declaration of the 8th April, 1904, by their respec-
tive Delegates concerning the New Hebrides ;
The Undersigned, the Right Honourable Sir Edward Grey, a Baronet
of the United Kingdom, a Member of Parliament, His Majesty's Princi-
pal Secretary of State for Foreign Affairs;
And His Excellency Monsieur Paul Cambon, Ambassador of the
French Republic at the Court of His Majesty the King of the United
Kingdom of Great Britain and Ireland and of the British Dominions
beyond the Seas, Emperor of India;
Duly authorized to this effect, confirm the Protocol, drawn up at
London, the 27th day of February, 1906, the text of which is as follows:
PROTOCOL
The Undersigned, Eldon Gorst, Assistant Under-Secretary of State for
Foreign Affairs, Knight Commander of the Most Honourable Order of the
Bath; Hugh Bertram Cox, Assistant Under-Secretary of State for the
Colonies, Companion of the Most Honourable Order of the Bath; Marcel
Saint-Germain, Senator, President of the Council of Administration of
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180 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
the Colonial Office at the Ministry of the Colonies, Officer of the Order of
Public Instruction, Holder of the Colonial Medal; Edouard Picanon,
Inspector-General of the Colonies of the First Class, Governor of French
Guiana, Officer of the Legion of Honor, Officer of the Order of Public
Instruction, delegated respectively by the Government of His Britannic
Majesty and by the Government of the French Republic, in order to
draw up, in conformity with the Declaration of the 8th of April, 1904,
concerning the New Hebrides, an arrangement which shall put an end to
the difficulties arising from the absence of jurisdiction over the natives
of the New Hebrides and settle the disputes of their respective nationals
in the said islands with regard to landed property, have agreed to the
following provisions, which they have resolved to submit for the approval
of their respective Governments:
PREAMBLE
The Government of His Britannic Majesty and the Government of the
French Republic, being desirous of modif3ring, as far as the New Hebrides
are concerned, the Convention of the 16th November, 1887, respecting
the New Hebrides and the islands leeward of Tahiti, in order to secure
the exercise of their paramount rights in the New Hebrides and to assiu^
for the future the better protection of life and property in the Group,
have agreed on the following Articles: —
GENERAL PROVISIONS
Article I. Stattia. — 1. The Group of the New Hebrides, including
the Banks and Torres Islands, shall form a region of joint influence, in
which the subjects and citizens of the two Signatory Powers shall enjoy
equal rights of residence, personal protection, and trade, each of the two
Powers retaining jurisdiction over its subjects or citizens, and neither
exercising a separate control over the Group.
2. The subjects or citizens of other Powers shall enjoy the same rights
and shall be subject to the same obligations as British subjects or French
citizens. They must choose within six months between the legal sys-
tems of one of the two Powers. Failing such choice, the High Commis-
sioners mentioned in Article II or their Delegates shall decide under
which system they shall be placed.
3. In all matters not contrary to the provisions of the present Con-
vention or the regulations made thereunder, the subjects and citizens of
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OFFICIAL DOCUMENTS 181
the two Signatory Powers and the subjects and citizens of other Powers
shall, within the New Hebrides, remain subject to the fullest extent to
the laws of their respective countries.
4. The two Signatory Powers undertake not to erect fortifications in
the Group and not to establish penal settlements of any kind.
Art. II. Local Authorities. — Police. — 1 . The Signatory Powers shall
be represented in the Group by two High Commissioners, one appointed
by His Britannic Majesty's Government, the other by the Government
of the French Republic.
2. The High Commissioners shall each be assisted by a Resident
Commissioner, to whom they shall delegate their respective powers, in
so far as they consider it expedient, and who shall represent them in the
Group when they do not reside there.
3. The High Commissioners or their Delegates shall be provided with
a police force of sufficient strength to guarantee effectively the protection
of life and property.
4. The force shall be divided into divisions of equal strength. Each
of these two divisions shall be under the orders of one of the two Resident
Commissioners, and shall in no case be employed otherwise than in con-
formity with the principles laid down by the present Convention.
5. When it is necessary to employ some or all of both divisions of the
force in conformity with the present convention or of the regulations
framed for its execution, the force shall be under the joint direction of the
High Commissioners or their Delegates.
Art. III. Seat of Oovemment. — 1. The headquarters of each Gov-
errmient in the Group and the Joint Court provided for in Article X shall
be at Vila, in the Island of Efate.
2. The two Signatory Powers undertake respectively to provide their
Representatives with houses, and shall jointly erect quarters for the
members of the Joint Court, together with a court-house, and offices for
the public services to be undertaken in common.
3. The land required for these buildings shall be acquired by the two
Powers jointly either by agreement or, if necessary, compulsorily.
Art. IV. Pvblic Services undertaken in Common. — 1. The following
public services shall be undertaken in common; police, posts and tele-
graphs, public works, ports and harbours, buoys and lighthouses, public
health, finance.
2. These public services shall be organized and directed by the High
Commissioners and their Delegates jointly.
3. Special postage stamps shall be issued for the New Hebrides, in
conformity with the International Postal Convention.
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4. English and French money and bank-notes authorized by either
Power shall be legal tender in the Group.
Art. V. Financial Provisions. — 1. Each of the two Signatory
Powers shall defray the expenses of its own administration in the Group.
2. The expenses of the Joint Court and of the public services under-
taken in common shall be defrayed out of local taxes, to be imposed by
the High Commissioners jointly, the receipts from fines and from the
postal service, and all other revenue of a joint character.
In the event of the revenue from the above proving insufficient, the
two Signatory Powers shall each pay one-half of the deficit.
Art. VI. Joint Naval Commission, — 1. It shall be the duty of the
Joint Naval Commission established by Article II of the Convention of
the 16th November, 1887, to co-operate in maintaining order in the
Group.
2. Except in case of urgency, it shall only act on the joint request of
the two High Commissioners or their Delegates.
3. The Convention of the 16th November, 1887, the Declaration
signed in Paris on the 26th January, 1888, between the British and
French Governments, and the Regulations adopted on the same day by
the two Governments as instructions for the Joint Naval Commission,
shall remain in force, except where contrary to the present Convention.
4. The Joint Naval Commission shall send copies of the reports on its
operations to each of the two High Commissioners and to each of the two
Resident Commissioners.
Art. VII. Legislation — Regulations. — The High Commissioners shall
have power to issue jointly, for the peace, order, and good government
of the Group, as well as for the execution of the measures resulting from
the present Convention, local regulations binding on all the inhabitants
of the Group, and to enforce such regulations by penalties not exceeding
one month's imprisonment or a fine of £20.
Art. VIII. Native Administration. — 1. In the present Convention
" native" means any person of the aboriginal races of the Pacific who is
not a citizen or subject under the protection of either of the two Signa-
tory Powers.
2. No native, as defined above, shall acquire in the Group the status
of subject or citizen or be under the protection of either of the two Signa-
tory Powers.
3. The High Commissioners and their Delegates shall have authority
over the native Chiefs. They shall have power to make administrative
and police regulations binding on the tribes, and to provide for their
enforcement.
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OFFICIAL DOCUMENTS 183
4. They shall respect the manners and customs of the natives,
where not contrary to the maintenance of order and the dictates of
humanity.
Art. IX. Civil SUUus of the Natives. — 1. The persons appointed by
the High Commissioners or their Delegates to receive declarations of
birthS; deaths, and marriages for the subjects or citizens of their respec-
tive countries shall receive and enter on their registers all declarations of
the same character which natives may wish to make for the purpose of
acquiring civil status.
2. Entries so made shall be kept in a general register at the Registry
of the Joint Court.
JOINT COURT
Art. X. Composition. — 1. A Joint Court shall be established, consist-
ing of three Judges, of whom one shall be President. A fourth officer shall
act as Public Prosecutor, and shall have charge of the preliminary
enquiries.
The Court shall be provided with a Registrar and the requisite staff.
2. Each of the two Governments shall appoint one Judge.
His Majesty the King of Spain shall be invited to appoint the third,
who shall be President of the Court. The officer who acts as Public
Prosecutor shall be appointed in the same manner. Neither of these two
officers shall be a British subject or a French citizen.
The Registrar and the staff shall be appointed by the President.
3. If either of the two Governments considers that it has a cause of
complaint against the President of the Joint Court, or the officer acting
as Public Prosecutor, it shall inform the other Government.
If both Governments agree, they shall request His Majesty the King
of Spain to appoint another person to fill the post.
If they disagree, His Majesty the King of Spain shall determine
whether the complaint is justified, and whether the officer complained
of shall be retained or superseded.
4. The arrangements as to salaries, travelling allowances, leave,
acting appointments, and, in general, all matters relating to the working
of the Joint Court, shall be settled by common agreement between the
two Governments.
Art. XI. Assessors, — 1. In the trial of criminal cases, the Joint
Court shall be assisted by four Assessors, taken from the leading non-
native inhabitants of the Group.
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2. The Assessors shall be chosen by lot from a list drawn up jointly
by the High Commissioners or their Delegates at the beginning of each
year.
3. The Assessorsshall have a vote in deciding the question of the guilt
of the accused, but a consultative voice only in deciding the sentence.
1. The prosecutor and the defendant may each challenge two of
the Assessors.
Art. XII. Jurisdiction. — The Joint Court shall have jurisdiction:
1. In civil (including commercial) cases:
A. Over all suits respecting land in the Group;
B. Over suits of every kind between natives and non-natives.
2. In police and criminal cases:
Over every ofFence or crime committed by natives against non-natives.
3. Generally:
Over the particular ofFenoes constituted by the present Convention
or the regulations framed for the purpose of canying it out.
Art. XIII. Law applicable. — The law applied shall be:
1. In civil (including commercial cases) :
A. For land disputes, the principles laid down by the present Con-
vention;
B. For other disputes, the law of the country to which the non-native
party belongs or the legal system made applicable to him.
2. In police and criminal cases:
The law applicable to the non-native party injured.
3. In the case of other offences:
The principles laid down by the present Convention, or by the regu-
lations framed for the purpose of carrying it out.
Art. XIV. Procedure. — 1. The procedure before the Joint Court
shall be based on the following:
A. In civil (including commercial) cases, the procedure followed:
In England, in county courts; in France, before '' justices de paix;''
B. In police cases, the procedure employed: In England, in courts
of summary jurisdiction; in France, in police courts;
C. In criminal cases, the procedure employed : In England, in courts
of quarter session; in France, in correctional courts.
2. The Joint Court shall determine and publish in the Group the
modifications in the rules of procedure which may be necessitated by
local circumstances, by the differences between the two systems of law,
and by the provisions of the present Convention.
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Art. XV. Finality of Judgments. — The judgments of the Joint Court
shall be final.
Art. XVI. Fees and Costs. — 1. The Court shall prescribe a table of
fees to be taken in cases with which it deals, and for the registration of
titles to land.
2. It shall determine the amount to be paid in respect of counsel's fees.
Art. XVII. Counsel. — 1. A party may appear before the Joint
Court by counsel.
2. With the exception specified in section 3 hereafter, every counsel
must be first approved by the Court. The Court shall be empowered to
suspend or withdraw the right of pleading.
3. The High Commissioners or their Delegates shall jointly appoint
an official advocate to assist and represent before the Joint Court any
native engaged in any suit or charged in a police or criminal case.
The fees of the official advocate, payable as prescibed by Article XVI
above, shall be included in the joint budget.
4. A native may, however, if he so desires, be assisted by any other
advocate whom he may select.
Art. XVIII. Official Languages. — Either the English or French
language may be employed in proceedings before the Joint Court. In a
suit between British subjects and French citizens, the proceedings shall
be interpreted and the judgments shall be drawn up in both languages.
The registers of the Court shall be kept in both languages.
Art. XIX. Execution of the Judgments of the Joint Court. — 1. The
execution of judgments shall be provided for:
A. In case of land disputes, by the High Commissioners or their
Delegates acting in concert;
B. In civil cases, other than land disputes, and in police or criminal
cases, or breach of regulations, by the High Commissioner or the Resi-
dent Commissioner of the country to which the non-native party or
injured person belongs;
C. In the case of other offences committed by natives, either by the
Resident Commissioners acting jointly or by officers jointly appointed
for this purpose.
2. The authority charged with the execution of the penalty in a
criminal or police case may reduce or remit such penalty.
Art. XX. National Jurisdiction. — 1. The two Governments mutu-
ally undertake to establish in the Group, in conformity with their
existing legal systems, Courts with jurisdiction over all civil suits, sub-
ject to the reservations and exceptions laid down in the present Con-
vention.
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186 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
2. Civil suits between non-natives, other than land suits, shall be
brought before the Court having jurisdiction over the defendant.
3. In criminal cases, non-natives shall be justiciable by the Court of
their own nationality or the nationality applied to them.
Art. XXI. Suits hrought by consent before the Joint Court. — 1. Both
non-natives and natives may, where the parties consent, bring their suit
before the Joint Court.
2. In suits between non-natives, the law applicable to the defendant
shall be applied; the same rule shall be followed with regard to procedure,
subject to Article XIV above.
3. In suits between natives, the Court shall decide according to sub-
stantial justice, respecting, as far as possible, the native customs and the
general principles of law. It may determine, as required, the procedure
to be followed, reducing it to the minimum consistent with the proper
administration of justice.
PROVISIONS RELATING TO LAND.
Art. XXII. Land Suits between Nonrtiatives and Natives, — 1. In
land suits, the rights of non-natives may be proved either by occupation
or by title-deeds establishing the sale or grant of the land in question.
2. When occupation is made the sole ground of a claim to ownership,
visible and material proofs must be forthcoming/such as buildings, plan-
tations, cultivation, cattle-rearing, improvements, clearings, or fencing.
Occupation must be bona fide, and have been continuous during three
years at least.
3. When the claim to property is based on a title-deed coupled with
occupation, the Court shall endeavour to ascertain whether the holder
of the title-deed has substantially asserted his occupation by material
acts showing that he has taken possession, such as: improvements of the
land in any manner, even in part; construction of roads, bridges, or
paths; surveys; delimitation; erection of sign posts to mark boundaries;
habitual enjoyment of the produce; or other acts proving open exercise
of the right of ownership. The Court shall decide how far these acts
can be held to cover the whole extent of the property in dispute, and
shall confirm the claim in whole or in part accordingly.
4. When the claim to a property is founded on a title-deed alone,
and this title-deed has been either lodged in a notary's oflSce or registered
in New Caledonia, Fiji, or the New Hebrides, at a date subsequent to the
31st December, 1895, or else, on a title-deed which, whatever its date,
has not been lodged in a notary's office or registered, this title-deed can
only be rendered void if it is proved:
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a. That the agreement is not signed by the vendor or grantor, or by
some person duly authorized by him, or that if the vendor or grantor did
not know how to write or was incapable of signing, the agreement is not
attested by two witnesses or in some other manner that establishes its
authenticity according to English or French law;
b. That the vendor or grantor did not understand the effect of the
agreement;
c. That the agreement was obtained by fraud, violence, or other
improper means;
d. That the terms and conditions of the agreement have not been
fulfilled;
c. That the land sold was not the land of the vendor or grantor or
his tribe.
If the Court finds that the rights of the vendor or grantor extended
only to part of the land in dispute, it may recognize the sale or grant to
the extent of such part, and fix the boundaries thereof.
5. When the title-deed establishing the sale or grant of the land in
dispute has been either lodged in a notary's office or registered in New
Caledonia, Fiji, or the New Hebrides, at a date prior to the 1st January,
1896.
A. The right of action cannot be admitted:
a. Unless the claimant can prove, according as he acts in his own
name or in his own personal interests or as Chief of his tribe and in its
interests, that he or his tribe have a present right to the occupation of
the land in dispute, and that this right would be infringed. If this right
extends to part only of the property in dispute, the Court shall only
entertain the action as to this part, if necessary, fixing the boundaries
thereof;
b. If it is proved that prior to the 1st January, 1896, a transaction
took place indicating that the title-deed applied to a property held law-
fully and in good faith; in particular, if it has been conveyed regularly
and in good faith between non-natives for valuable consideration in
accordance with the regulations and forms prescribed by the law of
civilized peoples.
If in such a case the Court should, nevertheless, consider that the
rights of the native claimant or his tribe would be infringed, it may,
while confirming the title, order the payment of reasonable compensation
to the said native party, or may reserve a portion of the land for this
party in conformity with the general declaration contained in Article
XXIV hereafter.
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B. When the right of action is admitted, and the ease is considered
on the merits, the title-deed can only be invalidated if it is proved:
a. That the agreement is not signed by the vendor or grantor, or by
some person duly authorized by him, or that, if the vendor or grantor
did not know how to write, or was incapable of signing, the agreement is
not attested by two witnesses or in some other manner that establishes
its authenticity according to English or French law;
h. That the agreement was obtained by fraud, violence, or other
improper means;
c. That the land granted or sold was not the land of the vendor or
grantor or his tribe.
If the CJourt finds that the rights of the vendor or grantor or his tribe
extended only to a part of the land in dispute, it may recognize the sale
or grant to the extent of that part, and fix the boundaries thereof. The
Court may, in any case except where bad faith has been proved on the
part of the grantee, confirm the title to the whole or part of the property,
subject to the reservation for the native claimants, if the circumstances
require it, of sufficient land for their needs, and the determination of the
rights of way or other easements to be secured to them over the whole
country.
Art. XXIII. Land Suits between Non-natives. — 1. When no ques-
tion arises as to the original land transaction with the natives, the Court
shall be bound by the laws of the defendant's country.
2. Whenever questions do arise as to the original transaction with
the native, the Regulations laid down in Article XXII shall be observed
by the Court in all that concerns that transaction.
In cases covered by the same Article [5 (A), (6), 2d paragraph] the
Court shall indicate, if necessary, by which of the non-native litigants
the payment of compensation is due.
3. When the Court, upon the evidence before it, considers that it
cannot decide the questions that arise as to the original transaction with
the native — as, for instance, when it is confronted with two or more
title-deeds, neither of which it is able to confirm as giving a good title —
the Court shall decide according to the circumstances of the case, due
regard being paid to priority of title.
Art. XXIV. Provisions common to all Land Suits. — 1. In cases
where land acquired in good faith has been improved or cultivated on
the strength of a title which is found to be defective, this title may be
confirmed in whole or in part upon the payment by the occupier to the
person or persons entitled thereto of an indemnity, the amount of which
shall be determined by the Court.
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2. If the Court considers it necessary to decree the eviction of a band
fide occupier^ it may order the payment of reasonable compensation to
him.
3. Whenever it shall consider it necessary, the Court may assign to
native claimants reserves of land in proportion to their requirements,
and may determine the easements necessary to secure to them the full
enjoyment of these reserves.
4. An occupier or holder of a title-deed who has been evicted shall,
in the case of subsequent sale or grant of land and unless his bad faith
has been established, enjoy a prior claim to the repurchase of the prop-
erty from which he has been evicted. If the owner and the occupier or
holder of a title-deed who has been evicted should disagree as to the
amount to be fixed as the price of repurchase, the Court shall determine
the amount. If there are several evicted persons claiming to exercise
the prior right above specified, the Court shall fix, according to the facts
of the case, the order in which these persons shall be entitled to exercise
this right.
5. When a title-deed to a disputed property does not contain an
adequate description of the land, the Court shall investigate and deter-
mine the situation and boundaries thereof.
6. It shall be the first duty of the Court, in all land suits, to endea-
vour to effect an amicable arrangement between the litigants.
7. Generally, the Court shall, in its decisions, pay due regard to the
interests of the native populations and those of the non-native pur-
chasers whose bad faith has not been established.
Art. XXV. Entry of Jvdgmenta. — 1 . When the Court, in conformity
with the above regulations, shall have decided that a claim is valid,
its decision shall be entered in a land register.
This entry shall declare:
A. The situation, extent, and boundaries of the land in question;
B. The nature of the rights granted, and any limitations thereof.
2. A copy of the entry shall constitute a conclusive title to land.
Art. XXVI. Registration of Tides. — 1. Any person may, though no
dispute exists, require the Court to enter in the above-mentioned
register a title-deed in his favour, and may obtain a copy thereof duly
certified.
2. The Court shall cause the applications for registration to be pub-
lished in the prescribed form. They shall be complied with and given
eflfect to unless, within a period of one year from the date of their pub-
lication, they have been opposed. In case of opposition, the Court shall
deal with them in accordance with the provisions of Articles XXII,
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190 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
XXIII, and XXIY above, and action must be taken by the objector
before the Court within six months, or his claim will be barred.
3. Copies of the entries in the register issued in accordance with the
above provisions shall constitute title-deeds transferable by way of
endorsement. No subsequent charge on or transfer of property shall
affect the land unless and until it is entered in the register and inscribed
on the copy issued.
Art. XXVII. Sales and Grants of Land subsequent to the Conven-
tion. — 1. From the date when the present Convention comes into ope-
ration, no sale or grant of land by a native to a non-native shall be valid,
except on the following conditions:
2. The sale or grant shall be effected by a written document, and
shall take place in the presence of four witnesses, two of whom shall be
natives, and of an officer or agent of one of the two Signatory Powers, or
some other person duly authorized for the purpose, either by the Presi-
dent of the Joint Court or by the High Commissioners or their Delegates
acting in concert.
3. The officer, agent, or persons duly authorized shall testify to the
presence and qualification of the witnesses, shall ascertain that the
vendor or grantor was a free agent, understood the effect of his act, re-
ceived the price or consideration agreed on, and was satisfied therewith,
shall state these facts on the title-deed; shall mention in it the situation
and boundaries of the land; and shall date and sign it, at the same time
as the parties and witnesses capable of signing.
4. The purchaser or grantee shall, within six months from the date
of the deed, make an application to the Joint Court for registration.
This application shall be dealt with in accordance with Article XXYI of
the present Convention.
5. If the Court considers that the price or consideration mentioned
in the deed is manifestly inadequate, having regard to the importance of
the land granted or sold, it may, as a preliminary to registration, order
the payment of a larger sum or a further consideration.
6. In the event of the grantee failing to comply with the decision of
the Court within six months from the date of such decision, the sale shall
be cancelled in toto, and the sum of money or the consideration received
by the native restored.
7. If the native is unable to restore such sum, the Court shall decide
how much of the property represents the sum or consideration received
by the native, and shall confirm the grantee in possession of such part.
8. Whenever the High Commissioners or their Delegates jointly con-
sider that the amount of land acquired from the natives in one of the
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islands of the Group is so great that the land remaining undisposed of is
indispensable for the needs of the natives, they may prohibit any new
sale or grant of land in such island to non-natives.
9. Land reserved for the natives, either by the Joint Court, in accord-
ance with Article XXIV of this Convention, or by the High Commis-
sioners of their Delegates, under the preceding paragraph, may not be
sold or granted to non-natives so long as the authority by whom the
reserve was constituted does not cancel or modify its decision.
SUPERVISION OF SHIPPING
Art. XXVIII. Vessels registered in the Group, — 1. No vessels other
than those intended to sail under the flag of one of the two Signatory
Powers shall be registered in the Group of the New Hebrides, including
the Banks and Torres Islands.
2. Each High Commissioner shall prescribe the regulations affecting
the navigation in the Group of the vessels sailing under the flag of the
Power which he represents.
3. The High Commissioners, the Resident Commissioners, and the
persons appointed for the purpose shall, with regard to vessels sailing in
the Group under the flag of the Power which they represent, exercise
respectively the supervision, protection, and policing necessary to insure
the carrying out of these regulations without prejudice to the rights to
which the vessels of that Power are legally entitled.
Art. XXIX. Vessels not registered in the Group. — The present Con-
vention shall not affect the rules laid down by the respective laws and
regulations of the Power under whose flag the vessel sails, in the case of
any vessel registered outside the Group.
Art. XXX. General Rules for all Vessels. — 1. The High Commis-
sioners shall jointly prescribe general rules appUcable to all vessels, with
regard to the conditions under which these vessels may use the ports
and harbours of the Group.
2. They shall jointly enforce these rules, either personally or through
their Delegates.
RECRUITMENT OF NATIVE LABOURERS
Art. XXXI. Recruiting License. — 1. No vessel shall recruit native
labourers in the New Hebrides, including the Banks and Torres Islands,
unless she sails under the flag of one of the two Signatory Powers, and
unless she is provided with a recruiting license issued by the High Com-
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missioner representing the Signatory Power under whose flag the vessel
is sailing, or by his Delegate.
2. In the case of professional recruiters, the recruiting license shall
only be issued on the deposit of 80£., as security, with the agent
appointed by the High Commissioner, whose duty it will be to issue the
recruiting license, or by his Delegate.
3. The High Commissioners shall inform one another every month of
recruiting licenses which they have issued. The same rule shall apply to
their Delegates.
4. The recruiting licenses shall be valid for one year only.
Art. XXXII. Register of Engagements. — All masters of recruiting
vessels shall keep a register of engagements, in which there shall be
entered without delay the name, sex, identification marks, the name of
the tribe, place of recruiting, and place of destination of every native
recruited, the name of the employer, the length of the engagement, the
sum agreed upon by way of premium and wages, and the amount of the
advance paid to the native at the time of engagement.
Art. XXXIII. Engagement of Women and Children. — 1. Women
shall only be engaged: —
If they are married, with the consent of their husbands;
If they are unmarried, with the consent of the Head of the tribe.
Children shall only be engaged if they are of a certain minimum height,
to be fixed by the Resident Commissioners jointly.
Art. XXXIV. Length of Engagements, — 1. No engagements shall
be concluded for more than three years.
2. They shall date from the day the labourer lands in the island
where he is to be employed, but the time spent on board ship by the
labourer shall count for wages.
Art. XXXV. Deaths on Board Recruiting Vessels, — 1. A report in
duplicate on every death occuring on board a recruiting vessel-shall be
drawn up immediately by the master. Such report shall describe the
circumstances under which the death occurred.
2. Within twenty-four hours an inventory in duplicate shall also be
drawn up of the effects left on board by the deceased. The amount of
the wages to which the labourer is entitled from the day of engagement
to the day of his death shall be stated in this inventory.
3. The master shall, on arrival, transmit to the competent authority
a copy of the report and inventory, as well as the objects and articles of
value belonging to the deceased, and the premium and wages to which he
was entitled.
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The second copy of the report and the inventory shall be annexed
to the register of engagements.
Art. XXXVI. Sickness of Labourers on Landing. — Every native
recruited who, on landing, is found to be in such a state of health as to
incapacitate him for the work for which he was engaged, shall be cared
for at the expense of the recruiter, and the time spent in hospital and
the time during which he is unable to work shall be included in the term
of engagement.
Art. XXXVII. Delivery of Labourers to their Employers. — A re-
cruiter who is acting as an agent for other persons cannot divest himself
of his responsibility for the natives whom he has engaged until the sig-
nature of the employer has been afi^ed by the register of engagements
opposite the name of the labourer.
Art. XXXVni. Submission of Registers of Engagements on
Arrival. — 1. Within twenty-four hours of their arrival, all masters of
recruiting vessels shall be obliged to present their register of engage-
ments for signature by the competent person.
2. If irregularities are detected in the operations of the recruiter or in
the keeping of the register of engagements, an official report shall be
immediately drawn up by the person to whom the register has been sub-
mitted. This report shall be sent without delay to the competent
authority.
The same course shall be followed if the register is not produced within
the prescribed period.
Art. XXXIX. Notification of Engagements. — 1. Every engagement
of a native labourer shall be notified by his employer within three days
from the date of landing.
The notification shall be made to the Resident Commissioner, to
whose jurisdiction the employer is subject, or to the person appointed
for the purpose.
2. The notification shall be registered, and the contract shall be
signed by the Resident Commissioner, or by the person appointed for the
purpose.
3. The two Resident Commissioners shall communicate to each other
every month a list of the notifications of engagements received by them,
or by the persons appointed for the purpose.
Art. XL. Re-^ngagement. — 1. At the termination of the period of
his engagement the labourer shall not enter into a fresh engagement — if
he has not been previously sent home — without an authority in writing
from the Resident Commissioner entitled to receive the notification of
engagement, or from the person appointed for the purpose.
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2. The authority shall only be given after the native has been
examined in the presence of the employer, two non-native witnesses,
and two witnesses, selected as far as possible from the same tribe as the
labourer, and if the latter, of his own free will, declares that he wishes to
re-engage.
3. No re-engagement shall exceed the term of one year. It shall be
renewable on the same conditions.
Art. XLI. Records of Engagements. — 1. Every employer shall keep
posted up to date a separate record for each labourer in his service.
2. There shall be entered in this record the name and sex of the
labourer, the identification marks, the name of the tribe, the place and
date of recruiting, the name of the recruiter, the name of the vessel, and
the duration and conditions of his engagement, as stipulated in the
contract.
The days of absence from work on account of illness shall be entered
by the employer in the record, and also any other days of absence.
Art. XLII. — Additional Periods of Work, — 1. The time lost through
absence without good cause shall be added to the term of engagement.
2. A labourer may further be retained after his term of engagement
expires as a punishment for breaches of discipline to which he has been
duly sentenced. In such case, the additional period of labour shall not
exceed two months for each year of engagement.
Art. XLIII. Transfer of Engagements. — 1. No transfer of a con-
tract of engagement shall be permitted unless freely accepted by the
labourer and authorized by the Resident Commissioner entitled to
receive the notification of engagement, or by the person appointed for the
purpose.
2. If the transfer is between British subjects or French citizens, the
authority shall be jointly given by the two Resident Commissioners.
Art. XLIV. Duties of Employers. — 1. Employers must treat their
labourers with kindness. They shall refrain from all violence towards
them.
2. They must supply them with suflScient food, according to the
custom of the country, including rice, at least once a day, as part of their
meals.
The Resident Commissioners shall fix jointly the amount of rice to be
supplied to the labourers.
3. Employers must further provide their labourers with adequate
shelter, the necessary clothing, and medical care in case of illness.
Art. XLV. Working Hours. — 1. Labourers shall not be obliged to
work except between sunrise and sunset.
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2. They shall have daily, at the time of their mid-day meal, at least
one clear hour of rest.
3. Except for domestic duties and the care of animals, labourers
shall not be obliged to work on Sundays.
Abt. XLVI. Payment of Wages. — 1. Wages shall be paid exclu-
sively in cash.
2. Payment shall be made, either before a person appointed for the
purpose by the Resident Commissioner entitled to receive the notifica-
tion of engagement, or, failing this, in the presence of two-non native
witnesses, who shall certify the payment in the record above referred to
by aflBxing their signatures by the side of that of the employer.
3. When it is obviously impossible for an employer to make use of
this method of verification, he shall himself be authorized by the com-
petent Resident Commissioner, or by the person appointed for the pur-
pose, to enter the payment of the wages in the record.
4. Whenever the record does not show the rate of wages agreed upon
at the time of the engagement, the rate shall be taken to be 10s. a month,
and the employer shall not be allowed to produce evidence to show that a
lower rate had been agreed upon.
Art. XL VII. Deposit of Wages. — 1. Part of the wages may be
deposited by the employers with the Resident Commissioner entitled to
receive the notification of engagement, or the person appointed for the
purpose, to be paid subsequently to the labourer, either during the term
of engagement or at the expiration of such term, according as he
desires.
The free consent of the labourer must be given before any part of his
wages can be so dealt with.
2. The Resident Commissioner or the person appointed for the
purpose may at any time order the retention and deposit of part of a
labourer's salary.
Art. XLVIII. Punishments. — Any labourer who has given his
employer just cause of complaint in respect of his conduct or work may, at
the instance of his employer, be punished by the Resident Commis-
sioner concerned or the person appointed for the purpose, by the impo-
sition of extra work, by a fine, by prolongation of the term of engage-
ment, within the limits provided in Article XLII, or by a summary
punishment not exceeding one month's imprisonment.
Art. XLIX. Absence mthout good Cause. — 1. Any labourer who
without permission leaves his employer shall be liable in like manner to
one of the summary punishments prescribed by preceding Article, and
shall be sent back to his employer to finish his term of engagement.
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2. No one shall receive or employ or take on board any vessel a
labourer who has left his employer without permission.
Art. L. Death during Engagements. — ^In the event of the death of a
labourer, the employer shall be subject to the same obligations as those
imposed by Article XXXV on masters of recruiting vessels.
Art. LI. Repatriation. — 1. Every labourer who has completed his
term of engagement shall be returned to his home at the first convenient
opportunity by and at the expense of his employer.
2. Such labourer shall be taken back to the place where he was re-
cruited, or, if this is impossible, to the nearest place thereto, from which
the labourer can without danger rejoin his tribe.
3. In the case of unjustifiable delay exceeding one month in returning
a labourer, the Resident CJommissioner concerned, or the person ap-
pointed for the purpose, shall provide, at the expense of the employer,
for the return of the labourer to his home at the earliest opportunity.
4. In case of persistent ill-treatment of a labourer, the Resident Com-
missioner concerned shall have the right, after two written warnings
addressed to the employer, to cancel the contract and provide for the
return home of the labourer at the employer's expense.
5. The Resident Commissioner concerned may in like manner cancel
the contract and return a labourer to his home if the labourer did not
freely consent to the engagement, or if he did not clearly understand and
freely accept the terms of the engagement. In that case the expenses of
returning him to his home shall be borne by the recruiter.
Art. LII. Register of Repatriation. — 1. The names of labourers
returned to their homes shall be entered on a register kept by the master
of the vessel, in a similar form to that prescribed by Article XXXII, for
keeping the register of engagements.
2. The signature of the employer upon the register shall prove that
the labourer who is to be returned to his home has been handed over to
the master of the vessel.
3. The master shall enter in the register the date when the native so
to be returned to his home was put on shore, and shall mention the exact
spot were he was landed.
4. The rules prescribed by Article XXXVIII with regard to the sub-
mission and signature of the register of engagements shall be applicable to
the register of repatriation.
Art. LIII. Death during the Return Passage. — In the event of the
death of a labourer occurring during the return passage, the master of the
vessel shall proceed as prescribed by Article XXXV.
Art LIV. Powers of Control. — 1. The High Commissioners, the
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Resident Ciommissioners, and the persons appointed by them for the
purpose, shall have, with regard to their respective nationals, the right
to employ any method of inquiry which may be necessary to ensure, as
far as the recruiting and engagement of native labourers are concerned,
the execution of the present Convention.
Employers shall be bound, for this purpose, to produce any labourer
at the request of the competent authority.
2. A report shall be drawn up with regard to any irregularity or
breach of regulations which may be discovered, and shall be forwarded
without delay to the competent authority. The report shall be primd
facie evidence of the facts stated therein.
Art. LV. Sfuyrt Engagements and Employment of Native Labourers
without EngagemeTii, — 1. Non-natives may employ natives without
restriction provided that they are not engaged for more than three
months, with the option of renewal, and provided they are not removed
to an island more than 10 miles from the island of their tribe.
2. They may, in any case, employ without restriction natives who
are known to have served non-natives for at least five years, and who
are familiar with a European language or the vernacular in use between
non-natives and natives.
Art. LVI. Penalties. — 1. Any infringement by non-natives of the
terms of the present Convention regarding the recruiting and engage-
ment of native labourers shall be punishable by a fine of from As. to 20/.
and by imprisonment of from one day to one month, or by either of the
above penalites.
2. Damages may also be awarded to labourers for any injury suffered
by them.
3. The Joint Court shall inflict the penalties and assess the damages.
4. In the event of conviction on a serious charge, or for a second
offence, the recruiting licence, as well as the right of engaging labourers,
may be withdrawn for a period not exceeding two years by the High
Commissioner for the country to which the recruiter or employer belongs.
ARMS, AMMUNITION, AND INTOXICATING LIQUORS
Art. LVII. Prohibition of the Sale of Arms and Ammunition to
Natives. — 1. Subject to the specific exceptions hereafter enumerated,
no person shall from the date when the present Convention comes into
operation, sell or supply arms or ammunition to the natives, either
directly or indirectly, in the New Hebrides, including the Banks and
Torres Islands, and within the territorial waters of the Group.
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2. Shot guns and cartridges for sporting purposes are exempted.
3. The present prohibition shall extend to rifles, revolvers, and other
repeating weapons and the ammunition used for such arms, separate
parts for the conversion of sporting guns into military weapons, ball
cartridges, and all kinds of explosives, other than cartridges especially
made for shot guns.
Art. LVIII. Exceptions. — 1. The two Governments reserve to
themselves the right to arm the natives who form part of the regular
police forces.
2. If a non-native temporarily entrusts to a native employed by him,
and solely for the purpose of that employment, prohibited arms or
ammunition, it shall not be considered to constitute an offence against
Article LVII.
Art. LIX. Prohibition of the Sale of Intoxicating Liquors to Natives. —
1. From the date when the present Convention comes into operation no
person shall, in the New Hebrides, including the Banks and Torres
Islands, and within the territorial waters of the Group, sell or supply
intoxicating liquors to the natives, in any form and on any pretext
whatsoever.
2. Alcoholic drugs or cordials employed in case of disease or sickness
are not included in the present prohibition.
3. The present prohibition shall cover spirits, beer, wine, and gener-
ally all fermented intoxicating liquors.
Art. LX. Report of Offences. — 1. Breaches of Articles LVII and
LIX, respecting the prohibition of the supply of arms, ammunition, and
intoxicating liquors to the natives, shall be reported by the officers and
agents of the police force, specially authorized for this purpose by the
High Commissioners or their Delegates jointly.
2. The official report drawn up in accordance with paragraph (1)
shall be primd fade evidence before the competent authority of the facts
contained therein.
3. Any officer or agent of the poUce force holding an authority to
that effect, who finds a native in possession of a prohibited weapon, or in
a state of int(9xication in a public place, shall arrest him, and after
inquiry into the circumstances of the offence, shall draw up an official
report for the information of the High Commissioners or their Delegates.
If the offence is proved, the native shall be punished by the Resident
Commissioner having authority over the members of the police force
making the arrest, or by the person appointed for the purpose, and the
non-native suspected of complicity shall be prosecuted before the Joint
Court.
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OFPICTAL DOCUMENTS 199
4. Members of the police force shall not enter the house or premises
of a non-native without his consent except as provided in the rules of
procedure issued by the Joint Court, or the Regulations issued by the
authority having jurisdiction over him.
Search-warrants, when considered necessary in the case of a non-
native, shall be issued by the Judge with jurisdiction over him.
Art. LXI. Penalties. — 1. Any breach by non-natives of Article
LVII, LIX, and LX shall be punishable by a fine of from 4^. to 201. and
imprisonment ranging from one day to one month, or by either of these
penalites.
2. The Joint Court shall inflict the penalties and may further order
the forfeiture of the arms, ammunition, or intoxicating liquors, and shall
decide as to their disposal or destruction.
MUNICIPALITIES
Art. LXII. Establishment of Municipalities. — 1. Municipalities
may be established in the Group, on the application of the non-native
inhabitants.
2. Applications for the establishment of municipalities shall be
addressed to one or other of the High Commissioners or their Delegates.
The latter shall communicate such requests to one another, and deter-
mine jointly what action shall be taken thereon.
3. Applications made by a group of not less than thirty non-native
adult inhabitants residing in the same district shall be, as far as possible,
complied with.
Art. LXIII. Councils. — 1. Every municipality shall be adminis-
tered by a Council consisting of not less than four, and not more than
eight members.
2. The Council shall elect a Chairman and a Deputy Chairman from
its members.
3. The Councillors shall hold office for four years.
Art. LXIV. Elections. — 1. Non-natives of either sex and any
nationality, who have completed their twenty-first year* and have re-
sided for six months at least in the district, shall be entitled to vote,
with the exception of those who have served a sentence of more than
three months' imprisonment.
2. Voters of either sex who have completed their twenty-fifth year
shall be eligible for election.
3. The first elections shall take place within three months of the
establishment of a municipality.
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200 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
4. The elections shall take place under the supervision of two persons
respectively appointed by the two Resident Commissioners.
Art. LXV. Functions of the Councils. — The Council shall pass the
annual municipal bu4get, vote the necessary local taxation, initiate and
carry out municipal works, decide upon the establishment of schools and
charitable institutions, and, in general, take all measures necessary for
the welfare of the local community.
Art. LXVI. Temporary Provisions. — ^The two existing municipal
bodies in the island of Efate shall be recognized as municipalities.
Members of these bodies may continue to hold office till the termina-
tion of the period for which they were elected.
Art. LXVII. SupplemerUary Regulations. — The High Commissioners
or their Delegates shall prescribe jointly the regulations for enforcing
the provisions of Articles LXII to LXVIII.
FINAL PROVISION
Art. LXVIII. Duraiion of the Convention. — The provisions laid down
by the present Convention shall remain in force until new provisions are
substituted in virtue of an Agreement between the Signatory Powers.
In witness whereof the undersigned Delegates have drawn up and
signed the present Protocol.
Done in London, in duplicate, the 27th day of February, in the year of
our Lord, 1906.
[Signed] Eldon Gorst.
Hugh Bertram Cox.
Saint-Germain.
E. Picanon.
The present Convention shall come into operation as soon as it is pro-
claimed in the Group by the two High Commissioners or their Delegates
acting in concert, such proclamation to be made as soon as possible.
In witness whereof the Undersigned have signed the present Conven-
tion and have thereto affixed their seals.
Done in duplicate at London, the 20th October, 1906.
[l. s.] E. Grey,
[l. s.] Paul Cambon
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Convention for the AmelioratUm of the Condition of the Sick and Wounded
of Annies in the Field. Signed at Geneva, July 6, 1906
His Majesty the Emperor of Germany, King of Prussia; His Excel-
lency the President of the Argentine Republic; His Majesty the Emperor
of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His
Majesty the King of the Belgians; His Royal Highness the Prince of Bul-
garia; His Excellency the President of the Republic of Chile; His
Majesty the Emperor of China; His Majesty the King of the Belgians,
Sovereign of the Congo Free State; His Majesty the Emperor of Corea;
His Majesty the King of Denmark; His Majesty the King of Spain; the
President of the United States of America; the President of the United
States of Brazil; thePresident of the United Mexican States; the Presi-
dent of the French RepubUc; His Majesty the King of the United King-
do w of Great Britain and Ireland, Emperor of India; His Majesty the
King of the Hellenes; the President of the Republic of Guatemala; the
President of the RepubUc of Honduras; His Majesty the King of Italy;
His Majesty the Emperor of Japan; His Royal Highness the Grand Duke
of Luxemburg, Duke of Nassau; His Highness the Prince of Montenegro;
His Majesty the King of Norway; Her Majesty the Queen of the Nether-
lands; thePresident of the Republic of Peru; His Imperial Majesty the
Shah of Persia; His Majesty the King of Portugal and of the Algarves,
etc.; His Majesty the King of Roiunania; His Majesty the Emperor of
All the Russias; His Majesty the King of Servia; His Majesty the King
of Siam; His Majesty the King of Sweden; the Swiss Federal Council;
the President of the Oriental Republic of Uruguay,
Being equally animated by the desire to lessen the inherent evils of
warfare as far as is within their power, and wishing for this purpose to
improve and supplement the provisions agreed upon at Geneva, on
August 22, 1864, for the amelioration of the condition of the wounded of
armies in the field.
Have decided to conclude a new convention to that effect, and have
appointed as their plenipotentiaries, to wit: * * *
The President of the United States of America:
Mr. William Cary Sanger, former Assistant Secretary of War of the
United States of America,
Vice-Admiral Charles S. Sperry, President of the Naval War College,
Brigadier-General George B. Davis, Judge-Advocate General of the
Army,
Brigadier-General Robert M. O'Reilly, Surgeon-General of the Army,
(Note. In the list of plenipotentiaries following above, Fice-Admiral
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202 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Charles S. Sperry, President of the Naval War College, should be Rear-
Admiral Charles S. Sperry, &c., &c.)
Who, after having communicated to each other their full powers, found
in good and due form, have agreed on the following:
CHAPTER I
Tt^ sick and vxmnded
Article I. Officers, soldiers, and other persons officially attached to
armies, who are sick or wounded, shall be respected and cared for, with-
out distinction of nationality, by the belligerent in whose power they
are.
A belligerent, however, when compelled to leave his wounded in the
hands of his adversary, shall leave with them, so far as military condi-
tions permit, a portion of the personnel and materiel of his sanitary
service to assist in caring for them.
Art. 2. Subject to the care that must be taken of them under the
preceding article, the sick and wounded of an army who fall into the
power of the other belligerent become prisoners of war, and the general
rules of international law in respect to prisoners become applicable to
them.
The belligerents remain free, however, to mutually agree upon such
clauses, by way of exception or favor, in relation to the wounded or sick
as they may deem proper. They shall especially have authority to
agree:
1. To mutually return the sick and wounded left on the field of battle
after an engagement.
2. To send back to their own country the sick and wounded who
have recovered, or who are in a condition to be transported, and whom
they do not desire to retain as prisoners.
3. To send the sick and wounded of the enemy to a neutral state,
with the consent of the latter and on condition that it shall charge itself
with their internment until the close of hostilities.
Art. 3. After every engagement the belligerent who remains in
possession of the field of battle shall take measures to search for the
wounded and to protect the wounded and dead from robbery and ill
treatment.
He will see that a careful examination is made of the bodies of the dead
prior to their interment or incineration.
Art. 4. As soon as possible each belligerent shall forward to the
authorities of their country or army the marks or military papers of
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OFFICIAL DOCUMENTS 203
identification found upon the bodies of the dead, together with a list of
names of the sick and wounded taken in charge by him.
Belligerents will keep each other mutually advised of internments and
transfers, together with admissions to hospitals and deaths which occur
among the sick and wounded in their hands. They will collect all
objects of personal use, valuables, letters, etc., which ase found upon the
field of battle, or have been left by the sick or wounded who have died in
sanitary formations or other establishments, for transmission to persons
in interest through the authorities of their own country.
Art. 6. Military authorities may make an appeal to the charitable zeal
of the inhabitants to receive and, under its supervision to care for the
sick and wounded of the armies, granting to persons responding to such
appeals special protection and certain immunities.
CHAPTER n
Sanitary formations and establishments
Art. 6. Mobile sanitary formations (i. 6., those which are intended to
accompany armies in the field) and the fixed establishments belonging to
the sanitary service shall be protected and respected by belligerents.
Art. 7. The protection due to sanitary formations and establish-
ments ceases if they are used to commit acts injurious to the enemy.
Art. 8. A sanitary formation or establishment shall not be deprived
of the protection accorded by article 6 by the fact:
1. That the personnel of a formation or establishment is armed and
uses its arms in self^lefense or in defense of its sick and wounded.
2. That in the absence of armed hospital attendants, the formation is
guarded by an armed detachment or by sentinels acting under competent
orders.
3. That arms or cartridges, taken from the wounded and not yet
turned over to the proper authorities, are found in the formation or
establishment.
CHAPTER III
Personnel
Art. 9. The personnel charged exclusively with the removal, trans-
portation, and treatment of the sick and wounded, as well as with the
administration of sanitary formations and establishments, and the
chaplains attached to armies, shall be respected and protected under all
circumstances. If they fall into the hands of the enemy they shall not
be considered prisoners of war.
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204 THE AMERICAN JOUBNAL OF INTERNATIONAL LAW
These provisions apply to the guards of sanitary formations and estab-
lishments in the case provided for in section 2 of Article 8.
Art. 10. The personnel of volunteer aid societies, duly recognized
and authorized by their own governments, who are employed in the
sanitary formations and establishments of armies, are assimilated to the
personnel contemplated in the preceding article, upon condition that the
said personnel shaU be subject to military laws and regulations.
£!ach state shall make known to the other, either in time of peace, or
at the opening, or during the progress of hostilities, and in any case
before actual employment, the names of the societies which it has author-
ized to render assistance, under its responsibility, in the official sanitary
service of its armies.
Art. 11. A recognized society of a neutral state can only lend the
services of its sanitary personnel and formations to a belligerent with the
prior consent of its own government and the authority of such belliger-
ent. The belligerent who has accepted such assistance is required to
notify the enemy before making any use thereof.
Art. 12. Persons described in articles 9, 10, and 11 will continue in
the exercise of their functions, under the direction of the enemy, after
they have fallen into his power.
When their assistance is no longer indispensable they will be sent back
to their army or country, within such period and by such route as may
accord with military necessity. They will carry with them such effects,
instruments, arms, and horses as their private property.
Art. 13. While they remain in his power, the enemy will secure to
the personnel mentioned in article 9 the same pay and allowances to
which persons of the same grade in his own army are entitled,
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Art. 14. If mobile sanitary formations fall into the power of the
enemy, they shall retain their materiel, including the teams, whatever
may be the means of transportation and the conducting personnel.
Competent military authority, however, shall have the right to employ it
in caring for the sick and wounded. The restitution of the materiel shall
take place in accordance with the conditions prescribed for the sanitary
personnel, and, as far as possible, at the same time.
Art. 15. Buildings and materiel pertaining to fixed establishments
shall remain subject to the laws of war, but can not be diverted from
their use so long as they are necessary for the sick and wounded. Com-
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manders of troops engaged in operations, however, may use them, in
case of important military necessity, if, before such use, the sick and
wounded who are in them have been provided for.
Art. 16. The materiel of aid societies admitted to the benefits of
this convention, in conformity to the conditions therein established, is
regarded as private property and, as such, will be respected under all
circumstances, save that it is subject to the recognized right of requisi-
tion by belligerents in conformity to the laws and usages of war.
CHAPTER V
Convoys of evacuation
Art. 17. Convoys of evacuation shall be treated as mobile sanitary
formations subject to the following special provisions:
1. A belligerent intercepting a convoy may, if required by military
necessity, break up such convoy, charging himself with the care of the
sick and wounded whom it contains.
2. In this case the obligation to return the sanitary personnel, as
provided for in article 12, shall be extended to include the entire military
personnel employed, under competent orders, in the transportation and
protection of the convoy.
The obligation to return the sanitary materiel, as provided for in
article 14, shall apply to railway trains and vessels intended for interior
navigation which have been especially equipped for evacuation purposes,
as well as to the ordinary vehicles, trains, and vessels which belong to the
sanitary service.
Military vehicles, with their teams, other than those belonging to the
sanitary service, may be captured.
The civil personnel and the various means of transportation obained
by requisition, including railway materiel and vessels utilized for con-
voys, are subject to the general rules of international law.
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IHsiinclive emblem
Art. 18. Out of respect to Switzerland the heraldic emblem of the
red cross on a white ground, formed by the reversal of the federal colors,
is continued as the emblem and distinctive sign of the sanitary service of
armies.
Art. 19. This emblem appears on flags and brassards as well as upon
all materiel appertaining to the sanitary service, with the permission of
the competent military authority.
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Art. 20. The personnel protected in virtue of the first paragraph of
article 9, and articles 10 and 11, will wear attached to the left arm a
brassard bearing a red cross on a white ground, which will be issued and
stamped by competent military authority, and accompanied by a certi-
ficate of identity in the case of persons attached to the sanitary service of
armies who do not have military uniform.
Art. 21. The distinctive flag of the convention can only be displayed
over the sanitary formations and establishments which the convention
provides shall be respected, and with the consent of the military authori-
ties. It shall be accompanied by the national flag of the belligerent to
whose service the formation or establishment is attached.
Sanitary formations which have fallen into the power of the enemy,
however, shall fly no other flag than that of the Red Cross so long as they
continue in that situation.
Art. 22. The sanitary formations of neutral countries which, under
the conditions set forth in article 11, have been authorized to render their
services, shall fly, with the flag of the convention, the national flag of the
belligerent to which they are attached. The provisions of the second
paragraph of the preceding articles are applicable to them.
Art. 23. The emblem of the red cross on a white ground and the
words Red Cross or Oeneva Cross may only be used, whether in time of
peace or war, to protect or designate sanitary formations and establish-
ments, the personnel and materiel protected by the convention.
CHAPTER vn
Application and execution of the convention
Art. 24. The provisions of the present convention are obligatory
only on the contracting powers, in case of war between two or more of
them. The said provisions shall cease to be obligatory if one of the
belligerent powers should not be signatory to the convention.
Art. 25. It shall be the duty of the commanders-in-chief of the bellig-
erent armies to provide for the details of execution of the foregoing
articles, as well for unforseen cases, in accordance with the instructions
of their respective governments, and conformably to the general princi-
ples of this convention.
Art. 26. The signatory governments shall take the necessary steps to
acquaint their troops, and particularly the protected personnel, with the
provisions of this convention and to make them known to the people at
large.
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CHAPTER Vni
Repressions of abuses and infractions
Art. 27. The signatory powers whose legislation may not now be
adequate engage to take or recommend to their legislatures such meas-
ures as may be necessary to prevent the use^ by private persons or by
societies other than those upon which this convention confers the right
thereto, of the emblem or name of the Red Cross or Geneva Cross,
particularly for commercial purposes by means of trade-marks or com-
mercial labels.
The prohibition of the use of the emblem or name in question shall
take effect from the time set in each act of legislation, and at the latest
five years after this convention goes into effect. After going into effect,
it shall be unlawful to use a trade-mark or commercial label contrary to
such prohibition.
Art. 28. In the event of their military penal laws being insufficient,
the signatory governments also engage to take, or to recommend to
their legislatures, the necessary measures to repress, in time of war, indi-
vidual acts of robbery and ill treatment of the sick and wounded of the
armies, as well as to punish, as usurpations of military insignia, the
wrongful use of the flag and brassard of the Red Cross by military
persons or private individuals not protected by the present convention.
They will communicate to each other through the Swiss Federal
Coimcil the measures taken with a view to such repression, not later than
five years from the ratification of the present convention.
GENERAL PROVISIONS
Art. 29. The present convention shall be ratified as soon as possible.
The ratification will be deposited at Berne.
A record of the deposit of each act of ratification shall be prepared, of
which a duly certified copy shall be sent, through diplomatic channels,
to each of the contracting powers.
Art. 30. The present convention shall become operative, as to each
power, six months after the date of deposit of its ratification.
Art. 31. The present convention, when duly ratified, shall supersede
the Convention of August 22, 1864, in the relations between the con-
tracting states.
The Convention of 1864 remains in force in the relations between the
parties who signed it but who may not also ratify the present convention.
Art. 32. The present convention may, until December 31, proximo,
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208 THE AMERICAN JOUBNAL OF INTEENATIONAL LAW
be signed by the powers represented at the conference which opened at
Geneva on June 11, 1906, as well as by the powers not represented at the
conference who have signed the Convention of 1864.
Such of these powers as shall not have signed the present convention
on or before December 31, 1906, will remain at liberty to accede to it
after that date. They shall signify their adherence in a written notifica-
tion addressed to the Swiss Federal Council, and communicated to all
the contracting powers by the said Council,.
Other powers may request to adhere in the same manner, but their
request shall only be eflfective if, within the period of one year from its
notification to the Federal Council, such Council has not been advised of
any opposition on the part of any of the contracting powers.
Art. 33. Each of the contracting parties shall have the right to
denounce the present convention. This denunciation shall only become
operative one year after a notification in writing shall have been made
to the Swiss Federal Council, which shall forthwith communicate such
notification to all the other contracting parties.
This denunciation shall only become operative in respect to the power
which has given it.
In Faith Whereof the plenipotentiaries have signed the present con-
vention and affixed their seals thereto.
Done at Geneva, the sixth day of July, one thousand nine hundred
and six, in a single copy, which shall remain in the archives of the Swiss
Confederation and certified copies of which shall delivered be to the con-
tracting parties through diplomatic channels.
(Here follow the signatures).
Final Protocol of the Conference for the Revision of the Geneva
Convention
The conference convened by the Swiss Federal Council with a view to
the revision of the international Convention of August 22, 1864, for the
amelioration of the condition of soldiers wounded in the field, met at
Geneva on June 11, 1906. The Powers hereinafter enumerated took
part in the conference, for which they had named the following delegates:
(Names of countries and delegates.)
In a series of meetings held between the 11th of June and the 5th of
July, 1906, the conference discussed and decided upon the text of a con-
vention to bear date of July 6, 1906, for submission to the plenipoten-
tiaries for their signatures.
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OFFICIAL DOCUMENTS 209
In addition thereto, and inconfonnity with article 16 of the convention
for the pacific settlement of international conflicts, of the 29th of July,
1899, which has recognized arbitration as the most efficacious, and at the
same time the most equitable means of settling litigations, which have
not been determined through the diplomatic channels, the Conference
has expressed the following Hope:
The Conference expresses the hope that, to reach an interpretation
and an application as exact as possible of the Convention of Geneva, the
contracting Powers shall submit to the Permanent Court of The Hague,
if the case or the circumstances lend themselves thereto, the differences
which in time of peace may be raised between them in relation to the
interpretation of the said Convention:
This Hope was voted for by the following states:
Germany, Argentine Republic, Austria-Hungary, Belgimn, Bulgaria,
Chile, China, Congo, Denmark, Spain (ad referendum). United States of
America, United States of Brazil, France, Greece, Guatemala, Honduras,
Italy, Luxemburg, Montenegro, Nicaragua, Norway,' The Netherlands,
Peru, Persia, Portugal, Roumania, Russia, Servia, Siam, Sweden, Swit-
zerland and Uruguay.
The wish was rejected by the following States:
Corea, Great Britain and Japan.
In Faith Whereof the delegates have signed the present protocol.
Done at Geneva, the sixth day of July, one thousand nine hundred and
six, in a single copy, which shall remain in the archives of the Swiss Con-
federation and certified copies of which shall be delivered to the contract-
ing parties through diplomatic channels.
(Here follow the signatures.)
Macedonian Financial " Rhglemeni, " 1906.
"Rkglement" for the Financial Service of the three Vilayets of Roumdia.
Article 1. A Financial Commission for a term of two years is consti-
stituted for the three Vilayets of Salonica, Kossovo, and Monastir.
This Commission will exercise its functions in the name of the Imperial
Ottoman Government.
It is composed of the Inspector-General of the Vilayets of Roumelia,
the Civil Agents of Austria-Hungary and Russia, and of five Advisers
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210 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
nominated for this purpose by the Imperial Ottoman Government and
the Governments of Germany, France, Great Britain, and Italy.
Its mission is:
1. To insure the application of the Regulation agreed upon beween
the Imperial Ottoman Ministry of Finance and the Imperial Ottoman
Bank, dated the 22nd February, 1320 (the 7th March, 1905), as defined
by the present Regulation;
2. To supervise the regular collection of taxes, including the tithe;
3. To examine the Budgets of the three vilayets, which must be com-
municated to it before becoming final, and to supervise their strict per-
formance after they have received the Imperial sanction;
4. To supervise the execution of the financial reforms.
Art. 2. The Commission will have its seat at Salonica, where its
offices will be established. Its meetings^ however, will always be held in
in the town in which the President resides.
Art. 3. The Commission will be presided over by the Inspector-
General and, in the event of his absence or inability to attend, by a high
Ottoman official named by him. It will discuss at its sittings all matters
within its province (Article 1.)
Art. 4. A member of the Commission will JEtssist the President in the
capacity of "adjoint." These duties will be performed in turn for a
period of three months by the Civil Agents of Austria-Hungary and
Russia and by the German, French, British, and Italian advisers, in the
alphabetical order of the Powers.
This "adjoint" is charged with:
1. The regulation, in conjunction with the President, of minor
matters not requiring the decision of the Assembled Commission;
2. The internal service of the Commission; and
3. The relations between the Commission and the Imperial Ottoman
Bank.
He will accompany the President on his journeys. When he is obliged
to absent himself from Salonica, his duties, as specified under headings
2 and 3, will devolve upon the member who comes next to him in alpha-
betical order.
Art. 5. The Commission will sit as a rule once a week. It will be
summoned in extraordinary session whenever the President considers it
necessary, or when two members of the Commission wish it.
Any member may enter on the order of the day matters which he
wishes to submit to the deliberations of the Commission.
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OFFICIAL DOCUMENTS 211
The presence of at least four members, including the President or his
substitute; will be necessary to render valid the deliberations and the
decisions of the Commission. Any absent member or any member
unable to attend may be represented by one of his colleagues; the Civil
Agents will; in that case, be replaced by their ''adjoints."
The decisions of the Commission will be taken by a majority of votes.
In the event of an equal division of votes, the President will have a cast-
ing vote. If the President refuses to carry out a decision of the Com-
mission, he shall submit the case to the Sublime Porte or to the Imperial
Ministry of Finance; the foreign members of the Financial Commission
shall, on their part, inform their respective authorities.
Art. 6. Budget proposals, as determined by the Regulation of the
22nd of February, 1320 (7th March, 1905), for the three vilayets, shall
be delivered eveiy year, at latest 1st January (N. S.), to the Commission,
which shall complete their examination in one month's time.
The Commission shall have the right to modify under the headings of
receipts and expenditure arrangements which would not be in conformity
with existing laws or in accordance with the economic and financial needs
of the country.
The Commission shall in the first instance satisfy itself that the Budget
contains the necessary provisions for the requirements of the civil ad-
ministration, including gendarmerie and police.
On the request of the Commission, it shall be supplied with all infor-
mation concerning the receipts of the Budget, as well as the expenditure
of the civil administration.
Budgets cannot be modified during the financial year.
On the request of the Inspector-General, however, the Commission
may permit the transfer of a portion of the credits from one heading of
the Budget to another, in the same vilayet.
Art. 7. All collections, of whatever character, made in the three
vilayets, with the exception, however, of customs dues and revenues
appropriated to the Public Debt by the Decree of the 28th Mouharrem,
1299, or by Agreements in force, shall be entered among the receipts of
the Budget.
The preliminary deduction of 5 per cent, reserved for public works and
mentioned in Article 11 of the Regulation of the 7th of March, 1905, will
constitute the minimum under the heading of that kind of expenditure,
and will have to be supported by a detailed statement. If at the
end of the financial year this heading shows a surplus, the amount
shall be carried forward to the Budget of the following year for the
same uses:
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212 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. 8. The Imperial Ottoman Bank shall communicate to the Com-
mission detailed monthly statements of receipts and expenditure. It
shall further supply, if demanded all books,, accounts, and correspond-
ence relating to the service with which it is charged by the Regulation of
the 22nd February, 1320 (7th March, 1905).
The Commission will verify the settlement of each financial year,
which shall be laid before it by the Imperial Ottoman Bank, within three
months' time from the end of the financial year.
The accounts kept by the Imperial Ottoman Bank for the service of
the Treasury of the three vilayets shall be kept at the agency of this
bank at Salonica.
Art. 9. The Commission, while safeguarding the sovereign rights of
the Imperial Government, will have to study all proposals for new taxes
or charges, as well as every scheme for modif3dng the rate or manner of
assessment of existing taxes, or the organization of the financial services
applicable to the three vilayets. The conclusions of the Commission
shall be submitted by the Inspector-General to the Sublime Porte.
Art. 10. The Commission shall nominate as Inspectors, one for each
vilayet, Ottoman subjects knowing the official language of the Empire,
who will superintendent the agents employed in the various services of
the Treasury.
These Inspectors, whose selection shall be approved by the Imperial
Ottoman Government, shall have the power to make inspections in the
offices of the financial services, to call for all books, accounts, and docu-
ments relating to the public finances, and to verify amounts in hand,
without, however, being able to interfere directly in the administration
of the services. They shall address their reports to the Commission.
The Commission will likewise be supplied immediately with copies of
the reports of the Financial Inspectors instituted by the Regulation of
the 25th May, 1312. It will have the power to require joint inspection to
be made by these Inspectors and by those nominated by it in pursuance
of the present Article.
The Commission, or the service member on duty, in concert with the
President, shall examine all complaints which may reach them concern-
ing the financial services of the three vilayets, and which are based upon
events which have occurred subsequent to the creation of the Commis-
sion.
If, in the reports or complaints mentioned in the present Article,
charges of irregularities or abuses are brought against officials, the Inspec-
tors of the Commission shall be entitled to be present at the investiga-
tions arising therefrom.
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OFFICIAL DOCUMENTS 213
The Commission shall be kept informed by the President of the dis-
ciplinary or judicial steps taken by the Government in respect of delin-
quent officials.
Art. 11. All information respecting irregularities or abuses dis-
covered in the working of the financial services, and particularly in the
collection of taxes, including the tithe, shall be transmitted to the Com-
mission by the competent authority.
Art. 12. All changes in the financial personnel shall be brought to the
notice of the Commission, with the reasons which have suggested
them. The Commission shall call for such administrative measures as
it shall deem neccessary in the case of financial officials convicted of
delinquencies.
Art. 13. The Commission shall have the right to be represented at all
awards of contracts made for the civil and financial services of the three
villayets.
Art. 14. The administrative expenses of the Commission, exclusive
of the salaries of the members, shall be included in three equal portions in
the Budget of each of the three vilayets.
Art. 15. The Commission will settle its mode of procedure.
Documents RekUing to the Japanese-Korean Situation, 1894-1906
1. Treaty between Korea and Japan ratified on the 23rd day of the
sixth moon of the five hundred and third year of the foundation of Korea
and the 25th day of July of the twenty-seventh year of Meiji (July 25,
1894).
2. Memorandum between Japan and Russia of May 14, 1896. (So-
called Komura-Waeber Memorandum.)
3. Protocol concerning the question of Korea concluded between
Japan and Russia on June 9, 1896. (So-called Yamagata-Lobanow
Protocol.)
4. Protocol concerning the question of Korea concluded between
Japan and Russia on April 25, 1898. (So-called Nissi-Rosen Protocol.)
5. Protocol concluded between Japan and Korea on Feb. 23, 1904.
6. Agreement between Japan and Korea signed Aug. 22, 1904.
7. Agreement between Japan and Korea signed April 1, 1905, regard-
ing the communication services in Korea.
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214 THE AMERICAN JOTJBNAL OF INTEBNATIDNAL LAW
8. Agreement between Japan and Korea signed Nov. 17, 1905, by
which Japan assiimed charge of foreign relations of Korea.
9. Imperial Ordinance No. 267. Organization of the Japanese Resi-
dency General and Residencies in Korea. (Promulgated December 20,
1906.)
Treaty between Korea and Japan ratified on the BSrd day of the sixth
moon of the five hundred and third year of the foundation of Korea,
and the twenty-fifth day of July of the twenty-seventh year of Meiji
{July 25, 1894).
The Korean Government hereby commissions the envoy extraordi-
nary and minister plenipotentiary of Japan, who resides at Seoul, Korea,
to expel the Chinese forces from the Korean Kingdom on behalf of the
Korean Government. Both Governments having agreed mutually to
aid each other and help in attacking the Chinese and in defending them-
selves. And in order to insure the success of this joint action of both
countries, the undersigned commissioners of each country are given full
power to ratify the treaty, as follows:
I. This treaty is an agreement to expel the Chinese forces from the
Korean Kingdom, and to strongly establish the independence of Korea,
as well as to fulfill the privileges and immunities which are enjoyed by
both countries.
II. As Japan has undertaken to attack the Chinese, Korea shall have
to exert the utmost efforts in all possible ways to facilitate the move-
ments of the Japanese troops to and fro and in preparing provisions for
these troops.
III. Tliis treaty shall be abolished on the date of making a treaty of
amity with China.
Wherefore the commissioners of both countries have hereunto set
their seals and signatures this 26th day of the seventh moon of the five
hundred and third year of Ta Chosen (Korea) and the 29th day of August
of the twenty-seventh year of Meiji (August 26, 1894).
Kim Yun-Sik,
(Korean) Minister for Foreign Affairs,
K. Otori,
Envoy Extraordinary and Minister Pleni-
potentiary of Japan to Korea.
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OFFICIAL DOCUMENTS 215
Memorandum between Japan and Riiseia. Concluded and signed at
Seoul, May 14th, 1896 .
The Representatives of Russia and Japan at Seoul having conferred
under the identical instructions from their respective Governments have
arrived at the following conclusions:
I. While leaving the matter of His Majesty the King of Corea's return
to the Palace entirely to his own discretion and judgment, the Represen-
tatives of Russia and Japan will friendly advise His Majesty to return to
that place when no doubts concerning his safety there could be enter-
tained.
The Japanese Representative on his part gives the assurance that the
most complete and effective measures will be taken for control of
Japanese soshi.
II. The present Cabinet Ministers have been appointed by His
Majesty from his own free will, and most of them held Ministerial or
other high offices during the last two years and are known to be liberal
and moderate men.
The two representatives will always aim at recommending to His
Majesty to appoint liberal and moderate men as Ministers and to show
clemency to his subjects.
III. The Representative of Russia quite agrees with the Represen-
tative of Japan that at the present state of affairs in Corea, it may be
necessary to have Japanese guards stationed at some places for the pro-
tection of the Japanese telegraph line between Fusan and Seoul, and that
these guards now consisting of three companies of soldiers, should be
withdrawn as soon as possible and replaced by gendarmes, who will be
distributed as follows: fifty men at Taiku, fifty men at Ka-heung and ten
men each at ten intermediate posts between Fusan and Seoul. This
distribution may be liable to some changes, but the total number of the
gendarme force shall never exceed two hundred men, who will afterwards
gradually be withdrawn from such places, where peace and order has
been restored by the Corean Government.
IV. For the protection of the Japanese Settlements at Seoul and the
open ports against possible attacks by the Corean populace, two compa-
nies of Japanese troops may be stationed at Seoul, one company at Fusan
and one at Gensan, each company not to exceed two hundred men.
These troops will he quartered near the Settlements and shall be with-
drawn as soon as no apprehensions of such attacks could be entertained.
For the protection of the Russian Legation and Consulates, the Rus-
sian Government may also keep guards not exceeding the number of
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216 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Japanese troops at these places, and which will be withdrawn as soon aa
tranquility in the interior is completely restored.
Seoul, May 14th, 1896. Waeber,
Representative of Russia.
J. KOMURA,
Representaiive of Japan,
Protocol Concerning the Question of Corea between Japan and Russia.
Signed aJt Moscow, June 9, 1896
Le Mar^chal Marquis Yamagata, Ambassadeur Extraordinaire de Sa
Majesty TEmpereur du Japon et le Secretaire d'£tat Prince Lobanow
Rostovsky, Ministre des Affaires £trang^res, ayant ^chang^ leurs vues
sur la situation de la Cor6e, sont convenus des articles suivants:
I. Les Gouvernements Japonais et Russe, dans le but de rem^er
aux embarras financiers de la Cor6e, conseilleront au Gouvernement
Corfen de supprimer toute d^pense inutile et d'^tablir un 6quiUbre entre
ses d^penses et ses revenus. Si 4 la suite de r^formes reconnues indis-
pensables, il devenait n^cessaire de recourir k des emprunts Strangers,
les deux Gouvernements pr^teront, d'un commun accord, leur appui h,
la Cor^.
II. Les Gouvernements Japonais et Russe essaieront d'abandonner h,
la Cor6e, autant que le permettra la situation financi^re et ^conomique
de ce pays, la creation et Tentretien d'une force arm^e et d'une police
indMgnes dans des proportions suffisantes pour maintenir Tordre int^
rieur, sans secours strangers.
III. En vue de faciliter les communications avec la Cor6e, le Gouverne-
ment Japonais continuera k administrer les lignes t^l^graphiques qui s'y
trouvent actuellement entre ses mains.
II est reserve h, la Russie d'6tablir une ligne tei^graphique de Seoul k
ses fronti^res.
Ges diff^rentes Ugnes pourront ^tre rachet^es par le Gouvernement
Gormen, aussitot qu'il en aura les moyens.
lY. Dans le cas oil les principes ci-dessus exposes exigeraient une
definition plus precise et plus detail^e, ou bien si, par la suite, il surgissait
d'autres points sur lesquels il serait n^cessaire de se concerter, les Repr^-
sentants des deux Gouvernements seront charges de s'entendre la-dessus
k Tamiable.
9 Juin
Fait k Moscoue, le — : 1896.
28mai
Signe: Yamagata Sign^: Lobanow.
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OFFICIAL DOCUMENTS 217
Protocol Concerning the Question of Corea between Japan and Russia.
Signed at Tokio, April 25, 1898
Le Baron Nissi, Ministre des Affaires £trang^res d^ Sa Majesty PEmpe-
reur du Japon, et le Conseiller d'£tat Actuel et Chambellan Baron Rosen,
Envoy6 Extraordinaire et Ministre Pl^nipotentiaire de Sa Majest6
TEmpereur de toutes les Russies, afin de donner suite a I'article 4 du
Protocole sign6 k Moscou, le 1896 entre le Mar6chal Marquis
28mai
Yamagata et le Secretaire d'fitat Prince Lobanow, et dument autorisfe i
cet effet, sont convenus des articles suivants:
Article I. Les Gouvernements Imperiaux du Japon et de Russia
reconnaissent d^finitivement la souverainet^ et I'enti^re independence
de la Cor^e et s'engagent mutuellement h, s'abstenir de toute ing^rence
directe dans les affaires int^rieures de ce pays.
Art. II. Desirant ^carter toute cause possible de malentendus dans
I'avenir, les Gouvernements Imp6riaux du Japon et de Russie s'engagent
mutuellement, dans le cas oil la Cor6e aurait recours au conseil et ^ Tas-
sistance, soit du Japon, soit de la Russie, de ne prendre aucune mesure
quant h, la nomination d'instructeurs militaires et de conseillers finan-
ciers, sans 6tre arrives pr^alablement h, un accord mutuel ^ ce sujet.
Art. III. Vu le large d^veloppement qu'ont pris les entreprises
commerciales et industrielles du Japon en Cor^e, ainsi que le nombre con-
siderable de sujets japonais r&idant dans ce pays, le Gouvernement
Imperial Russe n'entravera point le developpement des relations com-
merciales et industrielles entre le Japon et la Coree.
Fait 4 Tokio, en double expedition, le 25 Avril 1898.
Signe: Rosen.
Signe: Nissi.
Protocol Concluded between Japan and Corea on February 2S, 1904
Hayashi Gonsuke, Envoy Extraordinary and Minister Plenipotentiary
of His Majesty the Emperor of Japan and Major-General Ye-tchi-yong,
Minister of State for Foreign Affairs ad interim of His Majesty the Em-
peror of Corea, being respectively duly empowered for the purpose,
have agreed upon the following Articles:
Article I. For the purpose of maintaining a permanent and solid
friendship between Japan and Corea and firmly establishing peace in the
Far East, the Imperial Government of Corea shall place full confidence
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218 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
in the Imperial Government of Japan and adopt the advice of the latter
in regard to improvements in administration.
Art II. The Imperial Government of Japan shall in a spirit of firm
friendship ensure the safety and repose of the Imperial House of Corea.
Art. III. The Imperial Government of Japan definitively guarantees
the independence and territorial integrity of the Corean Empire.
Art. IV. In case the welfare of the Imperial House of Corea or the
territorial integrity of Corea is endangered by aggression of a third power
or internal disturbances, the Imperial Government of Japan shall imme-
diately take such necessary measures as the circumstances require and in
such cases the Imperial Government of Corea shall give full facilities to
promote the action of the Imperial Japanese Government.
The Imperial Government of Japan may, for the attainment of the
above-mentioned object, occupy, when the circumstances require it,
such places as may be necessary from strategical points of view.
Art. V. The Governments of the two countries shall not in future,
without mutual consent, conclude with a third Power such an arrange-
ment as may be contrary to the principles of the present Protocol.
Art. VI. Details in connection with the present Protocol shall be
arranged, as the circumstances may require, between the Representative
of Japan and the Minister of State for Foreign AflFairs of Corea.
Hayashi Gonsuke [Seal]
Envoy Extraordinary and Minister Plenipotentiary.
The 23rd day of the 2nd month of the 37th year of Meiji.
Major-General Ye-Tchi-Yong [Seal]
Minister of State for Foreign Affairs ad interim.
The 23rd day of the 2nd month of the 8th year of Kwang-Mu.
Agreement hetrveen Japan and Korea, signed Aiigust 22, 1904
I. The Corean Government shall engage as financial adviser to the
Corean Government a Japanese subject recommended by the Japanese
Government ,ahd all matters concerning finance shall be dealt with after
his counsel being taken.
II. The Corean Government shall engage as diplomatic adviser to
the Department of Foreign Affairs a foreigner recommended by the
Japanese Government, and all important matters concerning foreign
relations shall be dealt with after his counsel being taken.
III. The Corean Government shall previously consult the Japanese
Government in concluding treaties and conventions with foreign powers.
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OFFICIAL DOCUMENTS 219
and in dealing with other important diplomatic affairs, such as the grant
of concessions to or contracts with foreigners.
Hayashi GonsukE; [Seal]
Envoy Extraordinary and Minister Plenipotentiary.
The 22nd day of the 8th month of the 37th year of Meiji.
YuN Chi Ho [Seal]
Acting Minister of State for Foreign Affairs.
The 22nd day of the 8th month of the 8th year of Kwang-Mu.
Agreement between Japan and Corea, signed April 1, 1906, regarding
Communications Services
The Imperial Governments of Japan and Corea, finding it expedient
from the standpoint of the administration and finances of Corea, to
rearrange the system of communications in that country, and by amal-
gamating it with that of Japan, and, having seen the necessity, with that
object in view, of transferring the post, telegraph and telephone services
of Corea to the control of the Japanese Government, Hayashi Gonsuke,
Envoy Extraordinary and Minister Plenipotentiary of Japan and
I-hayeng, Minister of State for Foreign Affairs of Corea, each invested
with proper authority, have agreed upon and concluded the following
Articles:
Article I. The Imperial Government of Corea shall transfer and
assign the control and administration of the post, telegraph and tele-
phone service in Corea (except the telephone service exclusively per-
taining to the Department of the Imperial Household) to the Imperial
Japanese Government.
Art. II. The land, buildings, furniture, instruments, machines and
all other appliances connected with the system of communications
already established by the Imperial Government of Corea, shall by virtue
of the present agreement, be transferred to the control of the Imperial
Japanese Government.
The authorities of the two countries acting together shall make an
inventory of the land, buildings and all other requisites mentioned in the
preceding paragraph which shall serve as evidence in the future.
Art. III. When it is deemed necessary by the Japanese Government
to extend the communication system in Corea, they may appropriate
land and buildings belonging to the State or private persons; the for-
mer without compensation and the latter with proper indemnification.
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220 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
Art. IV. In respect of the control of the communication service and
the custody of the properties in connection therewith, the Japanese
Government assume, on their own account, the responsibility of good
administration.
The expenses required for the extension of the communication services
shall also be borne by the Imperial Government of Japan.
The Imperial Government of Japan shall oflScially notify the Imperial
Government of Corea of the Financial condition of the system of com-
munications under their control.
Art. y. All appliances and materials which are deemed necessary
by the Imperial Government of Japan for the control or extension of the
system of communication shall be exempt from all duties and imposts.
Art. VI. The Imperial Government of Corea shall be at liberty to
maintain the present Board of Communication so far as such retention
does not interfere with the control and extension of the services by the
Japanese Government.
The Japanese Government, in controlling and extending the services,
shall engage as many Corean officials and employees as possible.
Art. VII. In respect of the arrangements formerly entered into by
the Corean Government with Governments of foreign Powers concerning
the post, telegraph and telephone services, the Japanese Government
shall in behalf of Corea exercise the right and perform the obligations
pertaining thereto.
Should there arise in the future any necessity for concluding any new
convention between the Government of Corea and the Governments of
foreign Powers concerning the commimication services, the Japanese
Government shall assume the responsibilty of concluding such conven-
tion in behalf of the Corean Government.
Art. VIII. The various conventions and agreements respecting the
communication services hitherto existing between the Governments of
Japan and Corea are naturally abolished or modified by the present
Agreement.
Art. IX. When in the future as the result of the general develop-
ment of the communication system in Corea, there is some adequate
profit over and above expenditures defrayed by the Japanese Govern-
ment for the control and maintenance of the old services and for their
extensions and improvements, the Japanese Government shall deliver to
the Corean Government a suitable percentage of such profit.
Art. X. When in the future an ample surplus exists in the finances of
the Corean Government, the control of their communication services
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OFFICIAL DOCUMENTS 221
may be returned, as the result of the consultation of the two Govern-
ments, to the Government of Corea.
Hayashi Gonsuke, [Seal]
Envoy Extraordinary and Minister Plenipotentiary.
The 1st day of the 4th month of the 38th year of Meiji.
I-Hayeng, [Seal]
Minister of State for Foreign Affairs.
The 1st day of the 4th month of the 9th year of Kwang-mu.
Agreement between Japan and Corea Signed November 17, 1905, by which
Japan Assumed Charge of Foreign Relations of Corea
The Governments of Japan and Corea, desiring to strengthen the prin-
ciple of solidarity which unites the two Empires, have with that object in
view agreed upon and concluded the following stipulations to serve until
the moment arrives when it is recognized that Corea has attained national
strength.
Article I. The Governments of Japan, through the Deparment of
Foreign Affairs at Tokyo, will hereafter have control and direction of the
external relations and affairs of Corea, and the diplomatic and consular
representatives of Japan will have charge of the subjects and interests
of Corea in foreign countries.
Art. II. The Govemmentof Japan undertakes to see to the execution
of the treaties actually existing between Corea and other Powers, and the
Government of Corea engages not to conclude hereafter any act or
engagement having an international character except through the
medium of the Government of Japan.
Art. III. The Government of Japan shall be represented at the Court
of His Majesty the Emperor of Corea by a Resident General, who will
reside at Seoul, primarily for the purpose of taking charge of and direct-
ing matters relating to diplomatic affairs. He shall have the right of
private and personal audience of His Majesty the Emperor of Corea.
The Japanese Government shall also have the right to station Residents
at the several open ports and such other places in Corea as they
may deem necessary. Such Residents shall, under the direction of the
Resident General, exercise the powers and functions hitherto apper-
taining to Japanese Consuls in Corea and shall perform such duties as
may be necessary in order to carry into full effect the provisions of
this Agreement.
The stipulations of all Treaties and Agreements existing between
Japan and Corea, not inconsistent with the provisions of this Agreement,
shall continue in force.
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222 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. y . The Government of Japan undertakes to maintain the welfare
and dignity of the Imperial House of Corea.
In faith whereof, the Undersigned duly authorized by their Govern-
ments have signed this Agreement and affixed their seals.
Hayashi Gonsuke, [Seal]
Envoy Extraordinary and Minister Plenipotentiary.
The 17th day of the 11th month of the 38th year of Meiji.
Pak Che Soon, [Seal]
Minister of State for Foreign Affairs.
The 17th day of the 11th month of the 9th year of Kwang-Mu.
Imperial Ordinance No. 267. Organization of the Residency-General and
Residencies. {Promulgated December 20, 1906.)
Article I. A Residency-General shall be established at Seoul, Corea.
Art. II. A Resident-General shall be appointed to the Residency-
General.
The Resident-General shall be of Shinnin rank.
The Resident-General shall be under the direct command of the
Emperor. In regard to diplomatic affairs he shall make representations
to His Imperial Majesty, through the Minister for Foreign Affairs and the
Minister President of State, and he shall receive Imperial sanctions and
commands through the Minister President of State and the Minister for
for Foreign Affairs. In regard to all other matters, the representations,
sanctions and commands as aforesaid shall pass through the hands of the
Minister President of State only.
Art. II. The Resident-General shall represent the Imperial Japanese
Government in Corea and shall exercise general control over all matters
relative to the foreign Consulates and foreigners in Corea excepting such
matters as may pass through the hands of the foreign Representatives
resident in Japan. He shall also have control of such administrative
affairs of Corea as relate to foreigners.
The Resident-General shall have control of all political affairs, which
are, in accordance with the treaties and conventions, to be administered
by the Imperial and public authorities of Japan in Corea and he shall
also be charged with all other affairs of control which have hitherto
appertained to the Imperial authorities.
Art. IV. The Resident-General may, when he deems it necessary for
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OFFICIAL DOCUMENTS 223
the maintenance of peace and tranquility in Corea, order the Commander
of the Imperial Garrison in Corea to use military force.
Art. V. In regard to administrative affairs of Corea, the execution
of which is necessary to the fulfillment of treaty obligations, the Resident-
General shall refer them to the Corean Government and demand that
they be carried out. In case of urgency, however, he may communicate
directly with the proper local authorities of Corea and cause them to act,
informing the Corean Government afterwards of the steps thus taken.
Abt. VI. The Resident-General shall exercise supervision over the
officials of the Imperial Government and others, who may be in the
service of the Corean Government.
Art. VII. The Resident-General shall have power to issue Residency
General Ordinances with pimitive provisions of imprisonment not ex-
ceeding one year or fines not exceeding two hundred yen.
Art. VIII. When the Resident-General considers any orders or
measures of the Authorities under him to be in conflict with the Treaties,
Laws or Regulations, or to be detrimental to the public interests or to
exceed the powers of such Authorities, he may suspend or rescind such
orders or measures.
Art. IX. The Resident-General shall exercise general control over
the officials under him. Regarding the appointment and dismissal of
officials of Sonin rank, he shall make representations to the Emperor
through the Minister President of State. He shall appoint and dismiss
officials of Hannin rank and others below it in his own discretion.
Art. X. The Resident-General shall make representations to the
Emperor through the Minister President of State regarding the confer-
ment of Court rank or decorations upon officials under him.
Art. XI. In addition to the Resident-General the following func-
tionaries shall be attached to the Residency-General: —
Secretary-General I Chokunin.
Director of Agricultural, Commercial and Indus- fChokunin.
dustrial Affairs 1 \ or Sonin.
Director of Police Affairs 1 " "
Private Secretary 1 Sonin.
Secretaries 7 "
Police Inspectors 2 "
Gishi (Technical officials) , 5 "
Secretary-Interpreters 10 "
Clerks
Police Sergeants i aj; tt •
Gishu (Assistant technical officials)
Eteve Interpreters
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224 THE AMERICAN JOUBNAL OF INTERNATIONAL LAW
Treatment of Higher officials or of officials of Hannin rank may be
extended to Coreans employed in the Residency-General or in establish-
ments subordinate to it.
Art. XII. The Secretary-General shall; under the Resident-General
have general charge of the aSaiis of the Residency-General.
Art. XIII. In case of inability of the Resident^eneral from any
cause to discharge the functions of his office, the Commander of the
Imperial Garrison in Corea or the Secretary-General, as the Resident-
General may designate, shall temporarily discharge the functions of the
Resident-General.
Art. XIV. The Director of Agricultural, Commercial and Industrial
AflFairs shall, under orders of his superiors, have charge of matters relat-
ing to agriculture, commerce, manufactures and other industries.
Art. XV. The Director of Police Affairs shall, under order of his
superiors, have charge of police afifairs.
Art. XVI. The Private Secretary shall, under orders of his superiors,
have charge of affairs of a confidential nature.
Art. XVII. The Secretaries shall, under orders of their superiors,
have charge of the business of the Residency-General.
Art. XVIII. The Gishi (technical officials) shall, under orders of
their superiors, have charge of technical affairs.
Art. XIX. The Secretary-Interpreters shall, under orders of their
superiors, have charge of translation of documents and of interpretation.
Art. XX. The Gishu (assistant technical officials) shall, under the
direction of their superiors, attend to technical business.
Art. XXI. The Resident-General may attach Gishi, Secretary-
Interpreters and Gishu of the Residency-General to any Residency.
Such officials shall, in the discharge of their duties, be under the direction
and supervision of the Resident concerned.
Art. XXII. Residencies shall be established at the more important
places in Corea.
The locations of the Residencies and the areas of their jurisdiction
shall be determined by the Resident-General.
Art. XXIII. The following functionaries shall be attached to each
Residency:
Resident Sonin.
Vice-Residents "
Clerks Hannin.
Police Sergeants "
El^ve Interpreters "
In addition to the above officials, a Police Inspector shall be appointed
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OFFICIAL DOCUMENTS 225
to such Residencies as the Resident-General may deem necessary. Such
Police Inspector shall be of Sonin rank.
At Residencies having two or more Vice-Residents, one of them shall
principally have charge of legal matters.
A number of functionaries of the Residencies shall be determined else-
where.
Art. XXIV. Residents shall, under the direction and supervision of
the Resident-General, have charge of matters, which formerly apper-
tained to the Consuls resident in Corea as well as of matters which are to
be dealt with by the Residents in accordance with the Treaties, Laws and
Regulations.
Art. XXV. In case a Resident finds an urgent necessity for the
preservation of peace and order leaving no time to apply to the Resident-
General for instuctions, he may communicate with the Commander of
the Imperial forces stationed in his locality and request the latter to
despatch troops.
Art. XXVI. Regarding such administrative measures of Corea as are
found necessary for the fulfillment of treaty obligations. Residents may
communicate directly with the proper local authorities of Corea and
cause the necessary measures to be carried out, in case of urgency not
allowing time to ask for instructions from the Resident-General, report-
ing to the Resident-General afterward the steps thus taken.
Art. XXVII. Residents may issue Residency orders with punitive
provisions of fines not exceeding 10 Yen, or police detention or fines.
Art. XXVIII. The Vice-Residents shall, under orders of the Resi-
dents, have charge of the business of the Residency and shall in case of
inability of the Residents, discharge their functions temporarily.
Art. XXIX. The Police-Inspectors of the Residency-General and
the Residencies shall, under orders of their superiors, have charge of
police affairs.
Art. XXX. The clerks of the Residency-General and the Residencies
shall, under the direction of their superiors, attend to general business.
Art. XXXI. The Police Sergeants of the Residency-General and the
Residencies shall each, under the direction of their superiors, have charge
of their superiors, have charge of police affairs and exercise direction and
control over the policemen placed under them.
Art. XXXII. The E16ve Interpreters of the Residency-General and
the Residencies shall, under the direction of their superiors, engage in
translation of documents and interpretations.
Art. XXXIII. Policemen shall be attached to the Residency-General
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226 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
and the Residencies. They shaU receive the treatment of officials of
Hannin rank.
The numberof policemen shall be determined by the Resident-General.
Agreement between the United Kingdom, France, and Italy, Respecting
Abyssinia, signed at London, December 13, 1906
It being the common interest of France, Great Britain, and Italy to
miuntain intact the integrity of Ethiopia, to provide for every kind of
disturbance in the political conditions of the Ethiopian Empire, to come
to a mutual understanding in regard to their attitude in the event of any
change in the situation arising in Ethiopia, and to prevent the action of
the three States in protecting their respective interests, both in the
British, French, and Italian possessions bordering on Ethiopia and in
Ethiopia itself, resulting in injury to the interests of any of them, the
Government of the French RepubUc, the Government of his Britannic
Majesty, and the Government of Italy have assented to the following
Agreement: —
Article 1. France, Great Britain, and Italy shall cooperate in main-
taining the political and territorial status quo in Ethiopia as determined
by the state of affairs at present existing, and by the following Agree-
ments:
a. The Anglo-Italian Protocols of the 24th March and I5th April,
1891, and of the 5th May, 1894, and the subsequent Agreements modify-
ing them, including the reserves formulated by the French Government in
1894 and 1895;
6. The Anglo-Ethiopian Convention of 14th May, 1897, and its
annexes;
c. The Italo-Ethiopian Treaty of 10th July, 1900;
d. The Anglo-Ethiopian Treaty of 15th May, 1902;
6. Thenoteannexed to the above-mentioned Treaty of 15thMay,1902;
/. The Convention of 11th March, 1862, between France and the
Dannakils;
g. The Anglo-French Agreement of 2nd-9th February, 1888;
A. The Italian-Franco Protocols of 24th January, 1900, and 10th
July, 1901, for the delimitation of the French and Italian possessions on
the littoral of the Red Sea and the Gulf of Aden;
j. The Franco-Ethiopian Frontier Convention of 20th March, 1897.
It is understood that the various Conventions mentioned in this Arti-
cle do not in any way infringe the sovereign rights of the Emperor of
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OFFICIAL DOCUMENTS 227
Abyssinia, and in no respect modify the relations between the three
Powers and the Ethiopian Empire as stipulated in the present Agreement.
Art. 2. As regards demands for agricultural, commercial, and indus-
trial concessions in Ethiopia, the three Powers undertake to instruct
their Representatives to act in such a way that concessions which may be
accorded in the interest of one of the three States may not be injurious
to the interests of the two others.
Art. 3. In the event of rivalries or internal changes in Ethiopia, the
Representatives of France, Great Britain, and Italy shall observe a
neutral attitude, abstaining from all intervention in the internal affairs
of the country, and confining themselves to such action as may be, by
common consent, considered necessary for the protection of the Lega-
tions, of the hves and property of foreigners, and of the common inter-
ests of the three Powers. In no case shall one of the three Governments
interfere in any manner whatsoever, except in agreement with the other
two.
Art. 4. In the event of the atatiis qtw laid down in Article 1 being dis-
turbed, France, Great Britain, and Italy shall make every effort to pre-
serve the integrity of Ethiopia. In any case, they shall concert together,
on the basis of the Agreements enumerated in the above-mentioned Arti-
cle, in order to safeguard:
a. The interests of Great Britain and Egypt in the Nile Basin, more
especially as regards the regulation of the waters of that river and its
tributaries (due consideration being paid to local interests), without
prejudice to Italian interests mentioned in paragraph b;
5. The interests of Italy in Ethiopia as regards Erythraea and SomaU-
land (including the Benadir), more especially with reference to the
hinterland of her possessions and the territorial connection between them
to the west of Adis Abeba;
c. The interests of France in Ethiopia as regards the French Protec-
torate on the Somali Coast, the hinterland of this Protectorate and the
zone necessary for the construction and working of the railway from
Jibuti to Adis Abeba.
Art. 5. The French Government communicates to the British and
Italian Governments:
1. The Concession of the Franco-Ethiopian Railway of 9th March,
1894;
2. A communication from the Emperor Menelek dated 8th August,
1904, the translation of which is annexed to the present Agreement,
inviting the Company to whom the above Concession was granted to
construct the second section of the line from Dir^ Gawa to Adis Abeba;
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228 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. 6. The three Governments agree that the Jibuti Railway shall
be prolonged from Dir6 Dawa to Adis Abeba, with a branch line to
Harrar eventually, either by the Ethiopian Railway Company in virtue
of the deeds enumerated in the preceding Article, or by any other private
French Company which may be substituted therefor, with the consent of
the French Government, on condition that the nationals of the three
countries shall enjoy in all matters of trade and transit absolute equality
of treatment on the railway and in the port of Jibuti. Goods shall not be
subject to any fiscal transit duty levied for the benefit of the French
Colony or Treasury.
Art. 7. The French Government will endeavour to arrange that an
English, and Italian, and an Ab3^ssinian Representative shall be ap-
pointed to the Board of the French Company or Companies which
maybe intrusted with the construction and working of the railway from
Jibuti to Adis Abeba. The British and Italian Governments will recip-
rocally endeavour to arrange that a French Director shall in like man-
ner and on the same condition be appointed to the Board of any English
or Italian Company which has been or may be formed for the constuc-
tion or working of railways running from any point in Abyssinia to
any point in the adjoining English or Italian territory. It is likewise
agreed that the nationals of the three countries shall enjoy in all mat-
ters of trade and transit absolute equality of treatment, both on the rail-
ways which may be constructed by English or Italian Companies, and
in the English or Italian ports from which these railways may start.
Goods shall not be subject to any fiscal transit levied for the benefit of
the British or Italian Colonies or Treasuries.
The three Signatory Powers agree to extend to the nationalsof all other
countries the benefit of the Provisions of Articles 6 and 7 relating to
equality of treatment as regards trade and transit.
Art. 8. The French Government will abstain from all interferences
as regards the Concession previously granted beyond Adis Abeba.
Art. 9. The three Governments are agreed that all railway construc-
tion in Abyssinia west of Adis Abeba shall, in so far as foreign assistance
is required, be carried out under the auspices of Great Britain. The
three Governments are also agreed that all construction of railways in
Ethiopia, joining the Benadir to Erythraea to the west of Adis Abeba,
shall, in so far as foreign assistance is required, be carried out under the
ausipces of Italy.
The Government of His Britannic Majesty reserve to themselves the
right, in case of need, to make use of the authorization, granted by the
Emperor Menelek on the 28th August, 1904, to construct a railway from
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OFFICIAL DOCUMENTS 229
British Somaliland through Ethiopia to the Soudanese frontier, on con-
dition, however, that they previously come to an agreement with the
French and Italian Governments, the three Governments undertaking
not to construct without previous agreement any line entering Abyssin-
ian territory or intended to join the Abyssinian lines, which would com-
pete directly with those established under the auspices of any one of them .
Art. 10. The Representatives of the three Powers will keep each
other fully informed, and will cooperate for the protection of their respec-
tive interests. In the event of the British, French, and Italian Repre-
sentatives being unable to agree, they will refer to their respective Gov-
ernments, suspending all action meanwhile.
Abt. 11. Beyond the Agreements enumerated in Articles 1 and 5 of
the present Convention, no Agreement concluded by any one of the Con-
tracting Powers concerning Ethiopia shall aflfect the other Signatory
Powers of the present Agreement.
Done at London, December 13, 1906.
[Signed] E. Grey.
[Signed] Paul Cambon.
[Signed] A. de ban Giuliano.
ANNEX
Trandcdion of the Imperial Letter of Augibst 8, 1904, authorizing the
Railway Company to undertake the Construction of the Line from
Diri Damui to Adis Aheba.
The Lion, conqueror of the tribe of Judah, Menelek II, elect of the
Lord, King of Kings of Ethiopia, to the French Minister Plenipotentiary
at Adis Abeba,
Greeting!
In order that the Railway Company may lose no time unnecessarily,
I inform you that it is my will that it forthwith commence work on the
line from Dir6 Daoua to Adis Abeba.
As regards the terms of the contract, however, we shall come to an
arrangement later with the Railway Company.
Written the 2nd Nassau, in the year of grace 1896 (Abyssinian style),
in the city of Adis Abeba (the 8th August, 1904.)
Declaration signed at London, December IS, 1906
The Italian Minister for Foreign Affairs states that Italy has Treaties
with the Sultan of Lugh, the Sultan of Raheita, and the Dannakils respect-
ing frontier questions. Inasmuch as these Treaties must form the sub-
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230 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
ject of negotiations with the Abyssinian Government, it is not possible
to include them in the list contained in Article 1, but the Italian Govern-
ment reserves to itself the right to conmiunicate them to Great Britain
and France after the termination of the negotiations.
His Majesty's Secretary of State for Foreign Affairs and the French
Ambassador to take note of the declaration made by the Italian Minister
for Foreign Affairs.
London, December 13, 1906.
[Signed] E. Grey.
[Signed] Paul Cambon.
[Signed] A. de San Giuliano.
Agreement between the United Kingdom, France, and Italy, Respecting
the Importation of Arms and Ammunition into Abyssinia, signed at
London, December IS, 1906
France, Great Britain, and Italy, having a common interest in the pre-
vention of all disturbances in their respective territories in Ethiopia and
on the Red Sea littoral, the Gulf of Aden, and the Indian Ocean, have
agreed as follows: —
1. The Contracting Governments, having regard to the provisions of
Articles VIII to XIII of the General Act of Brussels of the 2nd of July,
1890, bind themselves to exercise a rigorous supervision over the impor-
tation of arms and ammunition:
The French Govenmient at Jibuti and Obok, in the territories of
French Somaliland;
The British Government in British Somaliland and the ports and terri-
tories of Zelia, Berbera, Aden, and Perim; and
The Italian Government in Erythraea, Italian Somaliland, and more
especially in the ports of Massawah and Assab.
2. Transit permits for arms and ammunition destined for the Ethi-
opian Government, recognized Ethiopian Chiefs, and private persons in
Ethiopia, will only be granted on a request to that effect formulated by
the said Government, indicating by name the persons authorized, the
nature and quantity of arms and ammunition, and certifjring that the
said arms and ammunition are not intended for sale.
3. The three Governments engage to make joint representations to
the Negus with a view to the prohibition, in accordance with the pro-
visions of the General Act of Brussels, of the traflSc in arms and ammuni-
tion in Abyssinian territory.
4. As regards the supervision of dhows trading for arms from Jibuti,
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OFFICIAL DOCUMENTS 231
Aden, Perim; Zeila, Massawah, Assab, and other ports of those regions to
points outside the zone of protection defined by the Act of Brussels,
measures will be taken to prevent them from smugghng.
5. While expressly maintaining the principles of French legislation
in regard to the right of visit, and it being agreed that the British and
Italian Governments maintain their principles in regard to this question,
the French Government agrees that the measures of control exercised by
the local authorities in British and Italian territorial waters over small
British and Italian native merchant craft (dhows) shall also be applicable
in Italian and British territorial waters to dhows fl3dng the French flag.
The British and Itahan Governments also agree that the measures of
control exercised by the local authorities in French territorial waters over
small French native merchant craft (dhows) shall also be applicable to
dhows fl3ring the British or Italian flags.
These measures shall be inforced without necessitating a recourse to
the formalities laid down by the Consular Conventions in force between
the three Governments.
6. In order to facilitate the supervision of native craft, and in order
to prevent any wrongful use of the flag, the three Governments engage
to communicate to each other every year a list of the dhows authorized
to fly their respective flags.
7. The three Governments will further see that the dhow owners
authorized to fly the French, British, or Italian flag shall such show such
plain marks on their craft as will permit of easy recognition at a distance.
8. The British, French, and ItaUan Governments agree to instruct
their respective local authorities to concert amongst themselves as to the
best means of carrying out the measures to be taken as the result of this
Agreement.
9. The present Agreement shall hold good for a period of twelve years
from the date of signature, and shall then remain in force for periods of
three years, unless it is denounced six months before.
Done at London, December 13, 1906.
[Signed] E. Grey.
[Signed] Paul Cambon.
[Signed] A. de San Guiliano.
Customs Revenues of the Dominican Republic, Treaty between the United
States and the Dominican Republic, 1907
Whereas during disturbed political conditions in the Dominican
Republic debts and claims have been created, some by regular and some
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232 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
by revolutionary governments, many of doubtful validity in whole or
in part, and amounting in all to over $30,000,000 nominal or face value;
And whereas the same conditions have prevented the peaceable and
continuous collection and application of National revenues for payment
of interest or principal of such debts or for liquidating and settlement of
such claims; and the said debts and claims continually increase by accre-
tion of interest and are a grevious burden upon the people of the the
Dominican Republic and a barrier to their improvement and prosperity;
And whereas the Dominican Government has now effected a condi-
tional adjustment and settlement of said debts and claims under which
all its foreign creditors have agreed to accept about $12,407,000 for debts
and claims amounting to about $21,184,000 of nominal or face value,
and the holders of internal debts or claims of about $2,028,258 nominal
or face value have agreed to accept about $645,827 therefor, and the
remaining holders of internal debts or claims on the same basis as the
assents already given will receive about $2,400,000 therefor, which sum
the Dominican Government has fixed and determined as the amount
which it will pay to such remaining internal debt holders; making the
total payments under such adjustment and settlement, including interest
as adjusted and claims not yet liquidated, amount to not more than
about $17,000,000.
And whereas a part of such plan of settlement is the issue and sale of
bonds of the Dominican RepubUc to the amount of $20,000,000 bearing
five per cent interest payable in fifty years and redeemable after ten
years at 102^ and requiring payment of at least one per cent per annum
for amortization, the proceeds of said bonds, together with such funds
as are now deposited for the benefit of creditors from customs revenues
of the Dominican Republic heretofore received, after payment of the
expenses of such adjustment, to be applied first to the payment of said
debts and claims as adjusted and second out of the balance remaining to
the retirement and extinction of certain concessions and labor monopolies
which are a burden and hindrance to the commerce of the country
and third the entire balance still remaining to the construction of certain
railroads and bridges and other public improvements necessary to the
industrial development of the country;
And whereas the whole of said plan is conditioned and dependent
upon the assistance of the United States in the collection of customs
revenues of the Dominican Republic and the application thereof so far
as necessary to the interest upon and the amortization and redemption
of said bonds, and the Dominican Republic has requested the United
States to give and the United States is willing to give such assistance:
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OFFICIAL DOCUMENTS 233
The Dominican Government, represented by its Minister of State for
Foreign Relations, Emiliano Tejera, and its Minister of State for Finance
and Commerce, Federico Velasquez H., and the United States Govern-
ment, represented by Thomas C. Dawson, Minister Resident and Consul
General of the United States to the Dominican Republic, have
agreed:
I. That the President of the United States shall appoint a General
Receiver of Dominican Customs, who, with such Assistant Receivers
and other employees of the Receivership as shall be appointed by the
President of the United States in his discretion, shall collect all the
customs duties accruing at the several customs houses of the Dominican
Republic until the payment or retirement of any and all bonds received
by the Dominican Government in accordance with the plan and under
the limitations as to terms and amounts hereinbefore recited; and said
General Receiver shall apply the sums so collected, as follows:
First, to paying the expenses of the receivership; second, to the pay-
ment of interest upon said bonds; third, to the payment of the annual
sums provided for amortization of said bonds including interest upon
all bonds held in sinking fund; fourth, to the purchase and cancellation
or the retirement and cancellation pursuant to the terms thereof of any
of said bonds as may be directed by the Dominican Government; fifth,
the remainder to be paid to the Dominican Government.
The method of distributing the current collections of revenue in order
to accomplish the application thereof as hereinbefore provided shall be
as follows:
The expenses of the receivership shall be paid by the Receivers as
they arise. The allowances to the General Receiver and his assistants
for the expenses of collecting the revenues shall not exceed five per cent
unless by agreement between the two Governments. On the first day of
each calendar month the sum of $100,000 shall be paid over by the
Receiver to the Fiscal Agent of the loan, and the remaining collection
of the last preceding month shall be paid over to the Dominican Govern-
ment, or applied to the sinking fund for the purchase or redemption of
bonds, as the Dominican Government shall direct.
Provided, that in case the customs revenues collected by the General
Receiver shall in any year exceed the sum of $3,000,000, one-half of the
surplus above such sum of $3,000,000 shall be applied to the sinking
fund for the redemption of bonds.
II. The Dominican Government will provide by law for the pay-
ment of all customs duties to the General Receiver and his assistants,
and will give to them all needful aid and assistance and full protection
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234 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
to the extent of its powers. The Government of the United States will
give to the General Receiver and his assistants such protection as it may
find to be requisite for the performance of their duties.
III. Until the Dominican Republic has paid the whole amount of the
bonds of the debt its public debt shall not t>e increased except by pre-
vious agreement between the Dominican Government and of the United
States. A like agreement shall be necessary to modify the import duties,
it being an indispensable condition for the modification of such duties
that the Dominican Executive demonstrate and that the President of
the United States recognize that, on the basis of exportations and impor-
tations to the like amount and the like character during the two >ear3
preceding that in which it is desired to make such modification, the total
net customs receipts would at such altered rates of duties have been for
each of such two years in excess of the sum of $2,000,000 United States
gold.
IV. The accounts of the General Receiver shall be rendered monthly
to the Contaduria General of the Dominican Republic and to the State
Department of the United States and shall be subject to examination
and verification by the appropriate oflBcers of the Dominican and the
United States Governments.
V. This agreement shall take effect after its approval by the Senate
of the United States and the Congress of the Dominican Republic.
Done in four originals, two being in the English language, and two in
Spanish, and the representatives of the high contracting parties signing
them in the City of Santo Domingo this 8th day of February, in the
year of our Lord 1907.
Thomas C. Dawson,
Emiliano Tejera,
Federico Velasquez H.
An Act Creating a United States Court for China and prescribing the
Jurisdiction thereof, 1906
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembledy That a court is hereby estab-
lished, to be called the United States coiul; for China, which shall have
exclusive jurisdiction in all cases and judicial proceedings whereof juris-
diction may now be exercised by United States consuls and ministers
by law and by virtue of treaties between the United States and China,
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OFFICIAL DOCUMENTS 235
except in so far as the said jurisdiction is qualified by section two of
this Act. The said court shall hold sessions at Shanghai, China, and
shall also hold sessions at the cities of Canton, Tientsin, and Hankau
at stated periods, the dates of such sessions at each city to be announced
in such manner as the court shall direct, and a session of the court
shall be held in each of these cities at least once annually. It shall
be within the power of the judge, upon due notice to the parties in
litigation, to open and hold court for the hearing of a special cause at
any place permitted by the treaties, and where there is a United States
consulate, when, in his judgment, it shall be required by the convenience
of witnesses, or by some public interest. The place of sitting of the
court shall be in the United States consulate at each of the cities, respec-
tively.
That the seal of the said United States court for China shall be the
arms of the United States, engraved on a circular piece of steel of the
size of a half dollar, with these words on the margin, "The Seal of the
United States Court for China."
The seal of said court shall be provided at the expense of the United
States.
All writs and processes issuing from the said court and all trans-
cripts, records, copies, jurats, acknowledgments, and other papers requir-
ing certification or to be under seal, may be authenticated by said seal,
and shall be signed by the clerk of said court. All processes issued from
the said court shall bear test from the day of such issue.
Sec. 2. The consuls of the United States in the cities of China to
which they are respectively credited shall have the same jurisdiction
as they now possess in civil cases where the sum or value of the prop-
erty involved in the controversy does not exceed five hundred dollars
United States money and in criminal cases where the punishment for
the offense charged can not exceed by law one hundred dollars fine or
sixty da3rs' imprisonment, or both, and shall have power to arrest,
examine, and discharge accused persons or commit them to the said
court. From all final judgments of the consular court either party shall
have the right of appeal to the United States court for China; Provided,
oho, That appeal may be taken to the United States court for China from
any final judgment of the consular courts of the United States in Korea
so long as the rights of extraterritoriality shall obtain in favor of the
United States. The said United States court for China shall have and
exercise supervisory control over the discharge by consuls and vice-
consuls of the duties prescribed by the laws of the United States relating
to the estates of decedants in China. Within sixty days after the death
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236 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
in China of any citizen of the United States, or any citizen of any
territory belonging to the United States, the consul or vice-consul whose
duty it becomes to take possession of the effects of such deceased person
under the laws of the United States shall file with the clerk of said court
a sworn inventory of such effects, and shall as additional effects come
from time to time into his possession immediately file a supplemental
inventory or inventories of the same. He shall also file with the clerk
of said court within said sixty days a schedule under oath of the debts
of said decedent, so far as known, and a schedule or statement of all
additional debts thereafter discovered. Such consul or vice-consul
shall pay no claims against the estate without the written approval of the
judge of said court, nor shall he make sale of any of the assets of said
estate without first reporting the same to said judge and obtaining a
written approval of said sale, and he shall likewise within ten days after
any such sale report the fact of such sale to said court, and the amount
derived therefrom. The said judge shall have power to require at any
time reports from consuls or vice-consuls in respect of all their acts and
and doings relating to the estate of any such deceased person. The
said court shall have power to require where it may be necessary a special
bond for the faithful performance of his duty to be given by any consul
or vice-consul into whose possession the estate of any such deceased
citizen shall have come in such amount and with such sureties as may
be deemed necessary, and for failure to give such bond when required, or
for failure to properly perform his duties in the premises, the court may
appoint some other person to take charge of said estate, such person
having first given bond as aforesaid. A record shall be kept by the clerk
of said court of all proceedings in respect to any such estate under the
provisions hereof.
Sec. 3. That appeals shall lie from all final judgments or decrees of
said court to the United States circuit court of appeals of the ninth
judicial circuit, and thence appeals and writs of error may be taken from
the judgments or decrees of the said circuit court of appeals to the
Supreme Court of the United States in the same class of cases as those
in which appeals and writs of error are permitted to judgments of said
court of appeals in cases coming from district and circuit courts of the
tJnited States. Said appeals or writs of error shall be regulated by the
procedure governing appeals within the United States from the district
courts to the circuit courts of appeal, and from the circuit courts of appeal
to the Supreme Court of the United States, respectively, so far as the same
shall be applicable; and said courts are hereby empowered to hear and
determine appeals and writs of error so taken.
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OFFICIAL DOCUMENTS 237
Sec. 4. The jurisdiction of said United States court, both original
and on appeal, in civil and criminal matters, and also the jurisdiction
of the consular courts in China, shall in all cases be exercised in con-
formity with said treaties and the laws of the United States now in
force in reference to the American consular courts in China, and all
judgments and decisions of said consular courts, and all decisions, judg-
ments, and decrees of said United States court, shall be enforced in
accordance with said treaties and laws. But in all such cases when such
laws are deficient in the provisions necessary to give jurisdiction or to
furnish suitable remedies, the common law and the law as established
by the decisions of the courts of the United States shall be applied by
said court in its decisions and shall govern the same subject to the terms
of any treaties between the United States and China.
Sec. 5. That the procedure of the said court shall be in accordance
so far as practicable, with the existing procedure prescribed for con-
sular courts in China in accordance with the Revised Statutes of the
United States: Provided, however , That the judge of the said United
States court for China shall have authority from time to time to modify
and supplement said rules of procedure. The provisions of sections
forty-one hundred and six and forty-one hundred and seven of the
Revised Statutes of the United States allowing consuls in certain cases
to summon associates shall have no application to said court.
Sec. 6. There shall be a district attorney, a marshal, and a clerk
of said court, with authority possessed by the corresponding officers
of the district courts in the United States as far as may be con-
sistent with the conditions of the laws of the United States and said
treaties. The judge of said court and the district attorney, who shall
be lawyers of good standing and experience, marshal, and clerk shall be
appointed by the President, by and with the advice and consent of the
Senate, and shall receive as salary, respectively, the sums of eight
thousand dollars per annum for said judge, four thousand dollars per
annum for said district attorney, three thousand dollars per annum
for said marshal, and three thousand dollars per annum for said clerk.
The judge of the said court and the district attorney shall, when the
sessions of the court are held at other cities than Shanghai, receive in
addition to their salaries their necessary expenses during such sessions
not to exceed ten dollars per day for the judge and five dollars per day
for the district attorney.
Sec. 7. The tenure of office of the judge of said court shall be ten
years, unless sooner removed by the President for cause; the tenure
of office of the other officials of the court shall be at the pleasure of the
President.
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238 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Sec. 8. The marshal and the clerk of said court shall be required to
furnish bond for the faithful performance of their duties, in sums and
with sureties to be fixed and approved by the judge of the court. They
shall each appoint, with the written approval of said judge, deputies at
Canton and Tientsin, who shall also be required to furnish bonds for
the faithful performance of their duties, which bonds shall be subject
both as to form and sufficiency of the sureties, to the approval of the
said judge. Such deputies shall receive compensation at the rate of
five dollars for each day the sessions of the court are held at their respec-
tive cities. The office of marshal in China now existing in pursuance
of section forty-one hundred and eleven of the Revised Statutes is hereby
abolished.
Sec. 9. The tariff of fees of said officers of the court shall be the
same as the tariff already fixed for the consular courts in China, sub-
ject to amendment from time to time by order of the President, and
all fees taxed and received shall be paid into the Treasury of the United
States.
Approved, June 30, 1906.
An Ad to Regulate the Immigration of Aliens into the United StateSj 1907
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That there shall be levied,
collected, and paid a tax of four dollars for every alien entering the
United States. The said tax shall be paid to the collector of customs
of the port or customs district to which said alien shall come, or, if there
be no collector at such port or district, then to the collector nearest
thereto, by the master, agent, owner, or consignee of the vessel, trans-
portation line, or other conveyance or vehicle bringing such alien to the
United States. The money thus collected, together with all fines and
rentals collected under the laws regulating the immigration of aUens
into the United States, shall be paid into the Treasury of the United
States, and shall constitute a permanent appropriation to be called the
"immigrant fund," to be used under the direction of the Secretary of
Commerce and Labor to defray the expense of regulating the immigra-
tion of aliens into the United States under said laws, including the con-
tract labor laws, the cost of reports of decisions of the Federal courts,
and digest thereof, for the use of the Commissioner-General of Immigra-
tion and the salaries and expenses of all officers, clerks, and employees
appointed to enforce said laws. The tax imposed by this section shall
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OFFICIAL DOCUMENTS 239
be a lien upon the vessel, or other vehicle of carriage or transportation
bringing such aliens to the United States, and shall be a debt in favor of
the United States against the owner or owners of such vessel, or other
vehicle, and the payment of such tax may be enforced by any legal or
equitable remedy. That the said tax shall not be levied upon aliens who
shall enter the United States after an uninterrupted residence of at least
one year, immediately preceding such entrance, in the Dominion of
Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico,
nor upon otherwise admissible residents of any possession of the United
States, nor upon aliens in transit through the United States, nor upon
aliens who have been lawfully admitted to the United States and who
later shall go in transit from one part of the United States to another
through foreign contiguous territory: Provided, That the Commissioner-
General of Immigration, under the direction or with the aproval of the
Secretary of Commerce and Labor, by agreement with transpor-
tation lines, as provided in section thirty-two of this Act, may arrange
in some other manner for the payment of the tax imposed by this sec-
tion upon any or all aliens seeking admission from foreign contiguous
territory : Provided further, That if in any fiscal year the amount of money
collected under the provisions of this section shall exceed two million
five hundred thousand dollars, the excess above that amount shall not
be added to the "immigrant fund:" Provided further, That the pro-
visions of this section shall not apply to aliens arriving in Guam, Porto
Rico, or Hawaii; but if any such alien, not having become a citizen of
the United States, shall later arrive at any port or place of the United
States on the North American Continent the provisions of this section
shall apply: Provided further, That whenever the President shall be
satisfied that passports issued by any foreign government to its citizens
to go to any country other than the United States or to any insular
possession of the United States or to the Canal Zone are being used for
the purpose of enabling the holders to come to the continental territory
of the United States to the detriment of labor conditions therein, the
President may refuse to permit such citizens of the country issuing such
passports to enter the continental territory of the United States from
such other country or from such insular possessions or from the Canal
Zone.
Sec. 2. That the following classes of aliens shall be excluded from
admission into the United States: All idiots, imbeciles, feeble-minded
persons, epileptics, insane persons, and persons who have been insane
within five years previous; persons who have had two or more attacks
of insanity at any time previously; paupers; persons likely to become
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240 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
a public charge; professional beggars; persons afflicted with tubercu-
losis or with a loathsome or dangerous contagious disease; persons not
comprehended within any of the foregoing excluded classes who are
found to be and are certified by the examining surgeon as being mentally
or physically defective, such mental or physical defect being of a nature
which may affect the ability of such alien to earn a living; persons who
have been convicted of or admit having committed a felony or other
crime or misdemeanor involving moral turpitude; polygamists, or
persons who admit their belief in the practice of polygamy, anarchists,
or persons who believe in or advocate the overthrow by force or violence
of the Government of the United States, or of all government, or
of all forms of law, or the assassination of public officials; prostitutes,
or women or girls coming into the United States for the purpose
of prostitution or for any other immoral purpose or persons who
procure or attempt to bring in prostitutes or women or girls for the pur-
pose of prostitution or for any other immoral purpose; persons herein-
after called contract laborers, who have been induced or solicited to
migrate to this country by offers or promises of employment or in con-
sequence of agreements, oral, written or printed, express or implied, to
perform labor in this country of any kind, skilled or unskilled; those who
have been, within one year from the date of application for admission
to the United States, deported as having been induced or solicited to
migrate as above described; any person whose ticket or passage is paid
for with the money of another, or who is assisted by others to come,
unless jt is affirmatively and satisfactorily shown that such person does
not belong to one of the foregoing excluded classes, and that said ticket
or passage was not paid for by any corporation, assocDsition, society,
municipality, or foreign government, either directly or indirectly; all
children under sixteen years of age, unaccompanied by one or both of
their parents, at the discretion of the Secretary of Commerce and Labor
or under such regulations as he may from time to time prescribe: Pro-
videdf That nothing in this Act shall exclude, if otherwise admissible,
persons convicted of an offense purely political, not involving moral
turpitude: Provided further, That the provisions of this section relating
to the payments for tickets or passage by any corporation, association,
society, municipality, or foreign government shall not apply to the
tickets or passage of aliens in immediate and continuous transit through
the United States to foreign contiguous territory: And provided fur-
ther, That skilled labor may be imported if labor of like kind unem-
ployed can not be found in this country; And provided further, That
the provisions of this law applicable to contract labor shall not be held
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OFFICXA.L DOCUMENTS 241
to exclude professional actors, artists, lecturers, singers, ministers of
any religious denomination, professors for colleges or seminaries, per-
sons belonging to any recognized learned profession, or persons employed
strictly as personal or domestic servants.
Sec. 3. That the importation into the United States of any alien
woman or girl for the purpose of prostitution, or for any other immoral
purpose, is hereby forbidden; and whoever shall, directly or indirectly
import, or attempt to import, into the United States, any alien woman
or girl for the purpose of prostitution, or for any other immoral purpose,
or whoever shall hold or attempt to hold any alien woman or girl for any
such purpose in pursuance of such illegal importation, or whoever shall
keep, maintain, control, support, or harbor in any house or other place,
for the purpose of prostitution, or for any other immoral purpose, any
alien woman or girl, within three years after she shall have entered the
United States, shall, in every such case, be deemed guilty of a felony,
and on conviction thereof be imprisoned not more than five years and
pay a fine of not more than five thousand dollars; and any alien woman
or girl who shall be found an inmate of a house of prostitution or practic-
ing prostitution, at any time within three years after she shall have
entered the United States, shall be deemed to be unlawfully within the
United States and shall be deported as provided by sections twenty and
twenty-one of this Act.
Sec. 4. That it shall be a misdemeanor for any person, company,
partnership, or corporation, in any manner whatsoever, to prfepay the
transportation or in any way to assist or encourage the importation or
migration of any contract laborer or contract laborers into the United
States, unless such contract laborer or contract laborers are exempted
under the terms of the last two provisions contained in section two of
this Act.
Sec. 5. Thatfor every violation of any of the provisions of section four
of this Act the persons, partnership, company, or corporation violating
the same, by knowingly assisting, encouraging, or soliciting the migra-
tion or importation of any contract laborer into the United States shall
forfeit and pay for every such offense the sum of one thousand dollars,
which may be sued for and recovered by the United States, or by any
person who shall first bring his action therefor in his own name and for
his own benefit, including any such alien thus promised labor or service
of any kind as aforesaid, as debts of like amount are now recovered in
the courts of the United States; and separate suits may be brought for
each alien thus promised labor or service of any kind as aforesaid. And
it shall be the duty of the district attorney of the proper district to
prosecute every such suit when brought by the United States.
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242 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Sec. 6. That it shall be unlawful and be deemed a violation of section
four of this Act to assist or encourage the importation or migration of
any alien by promise of employment through advertising printed and
published in any foreign country; and any alien coming to this country
in consequence of such an advertisement shall be treated as coming
under promise or agreement as contemplated in section two of this Act,
and the penalties imposed by section five of this Act shall be applicable
to such a case: Provided, That this section shall not apply to States or
Territories, the District of Columbia, or places subject to the jurisdiction
of the United States advertising the inducements they offer for immigra-
tion thereto, respectively.
Sec. 7. That no transportation company or owner or owners of ves-
sels, or others engaged in transporting aliens into the United States,
shall directly or indirectly, either by writing, printing, or oral rep-
resentation, solicit, invite, or encourage the immigration of any aliens
into the United States, but this shall not be held to prevent transporta-
tion companies from issuing letters, circulars, or advertisements, stat-
ing the sailings of their vessels and terms and facilities of transporta-
tion therein; and for a violation of this provision, any such transpor-
tation company, and any such owner or owners of vessels, and all
others engaged in transporting aliens into the United States, and the
agents by them employed, shall be severally subjected to the penalties
imposed by section five of this Act.
Sec. 8. That any person, including the master, agent, owner, or
consignee of any vessel, who shall bring into or land in the United
States, by vessel or otherwise, or who shall attempt, by himself or
through another, to bring into or land in the United States, by vessel
or otherwise, any alien not duly admitted by an immigrant inspector
or not lawfully entitled to enter the United States shall be deemed
guilty of a misdemeanor, and shall, on conviction, be punished by a
fine not exceeding one thousand dollars, or by imprisonment for a
term not exceeding two years, or by both such fine and imprisonment
for each and every alien so landed or brought in or attempted to be
landed or brought in.
Sec. 9. That it shall be unlawful for any person, including any
transportation company other than railway lines entering the United
States from foreign contiguous territory, or the owner, master, agent,
or consignee of any vessel to bring to the United States any alien sub-
ject to any of the following disabilities: Idiots, imbeciles, epileptics,
or persons afflicted with tuberculosis or with a loathsome or dangerous
contagious disease, and if it shall appear to the satisfaction of the Secre-
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OFFICIAL DOCUMENTS 243
tary of Commerce and Labor that any alien so brought to the United
States was afflicted with any of the said diseases or disabilities at the time
of foreign embarkation and that the existence of such disease or disabil-
ity might have been detected by means of a competent medical exam-
ination at such time, such person or transportation company, or the
master, agent, owner, or consignee of any such vessel shall pay to the
collector of customs of the customs district in which the port of arrival
is located the sum of one hundred dollars for each and every violation
of the provisions of this section; and no vessel shall be granted clear-
ance papers pending the determination of the question of the liability
to the payment of such fine, and in the event such fine is imposed,
while it remains unpaid, nor shall such fine be remitted or refunded:
Provided, That clearance may be granted prior to the determination
of such questions upon the deposit of a sum sufficient to cover such
fine and costs, such sum to be named by the Secretary of Commerce
and Labor.
Sec. 10. That the decision of the board of special inquiry, herein-
after provided for, based upon the certificate of the examining medical
officer, shall be final as to the rejection of aliens affected with tubercu-
losis or with a loathsome or dangerous contagious disease, or with any
mental or physical disability which would bring such aliens within any
of the classes excluded from admission to the United States under
section two of this Act.
Ssc. 11. That upon the certificate of a medical officer of the United
States Public Health and Marine Hospital Service to the effect that a
rejected alien is helpless from sickness, mental or physical disability,
or infancy, if such alien is accompanied by another alien whose pro-
tection or guardianship is required by such rejected alien, such accom-
panying alien may also be excluded, and the master, agent, owner, or
consignee of the vessel in which such alien and accompanying alien are
brought shall be required to return said ahen and accompan3dng alien
in the same manner as vessels are required to return other rejected
aliens.
Sec. 12. That upon the arrival of any alien by water at any port
within the United States it shall be the duty of the master or com-
manding officer of the steamer, sailing or other vessel having said alien
on board to deliver to the immigration officers at the port of arrival lists
or manifests made at the time and place of embarkation of such alien
on board such steamer or vessel, which shall, in answer to questions
at the top of said list, state as to each alien the full name, age, and
sex; whether married or single; the calling or occupation; whether
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244 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
able to read or write; the nationality; the race; the last residence;
the name and address of the nearest relative in the country from which
the alien came; the seaport for landing in the United States; the final
destination, if any, beyond the port of landing; whether having a ticket
through to such final destination; whether the alien has paid his own
passage or whether it has been paid by any other person or by any cor-
poration, society, municipality, or government, and if so, by whom;
whether in possession of fifty dollars, and if less, how much; whether
going to join a relative or friend, and if so, what relative or friend, and
his or her name and complete address; whether ever before in the United
States, and if so, when and where; whether ever in prison or almshouse
or an institution or hospital for the care and treatment of the insane
or supported by charity; whether a polygamist; whether an anarchist;
whether coming by reason of any offer, solicitation, promise, or agree-
ment, express or implied, to perform labor in the United States, and
what is the alien's condition of health, mental and physical, and whether
deformed or crippled, and if so, for how long and from what cause;
that it shall further be the duty of the master or commanding oflScer
of every vessel taking alien passengers out of the United States, from
any port thereof, to file before departure therefrom with the collector
of customs of such port a complete list of all such alien passengers taken
on board. Such list shall contain the name, age, sex, nationality, resi-
dence in the United States, occupation, and the time of last arrival of
every such alien in the United States, and no master of any such ves-
sel shall be granted clearance papers for his vessel until he has deposited
such list or lists with the collector of customs at the port of departure
and made oath that they are full and complete as to the name and other
information herein required concerning each alien taken on board his
vessel; and any neglect or omission to comply with the requirements
of this section shall be punishable as provided in section fifteen of this
Act. That the collector of customs with whom any such list has been
deposited in accordance with the provisions of this section, shall promptly
notify the Commissioner-General of Immigration that such list has
been deposited with him as provided, and shall make such further dis-
position thereof as may be required by regulations to be issued by the
Commissioner-General of Immigration with the approval of the Secre-
tary of Commerce and Labor: Provided^ That in the case of vessels
making regular trips to ports of the United States the Commissioner-
General of Immigration, with the approval of the Secretary of Commerce
and Labor, may, when expedient, arrange for the delivery of such lists
of outgoing aliens at a later date: Provided further, That it shall be the
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OFFICIAL DOCUMENTS 245
duty of the master or commanding officer of any vessel sailing from
ports in the Philippine Islands, Guam, Porto Rico, or Hawaii to any port
of the United States on the North American Continent to deliver to
the immigration officers at the port of arrival lists or manifests made at
the time and place of embarkation, giving the names of all aliens on
board said vessel.
Sec. 13. That all aliens arriving by water at the ports of the United
States shall be listed in convenient groups, and no one list or manifest
shall contain more than thirty names. To each alien or head of a
family shall be given a ticket on which shall be written his name, a
number or letter designating the list in which his name, and so forth,
is contained, and his number on said list, for convenience of identi-
fication on arrival. Each list or manifest shall be verified by the signa-
ture and the oath or affirmation of the master or commanding officer, or
the first or second below him in command, taken before an immigration
officer at the port of arrival, to the effect that he has caused the surgeon
of said vessel sailing therewith to make a physical and oral examination
of each of said aliens, and that from the report of said surgeon and from
his own investigation he believes that no one of said aliens is an idiot,
or imbecile, or a feeble-minded person, or insane person, or a pauper,
or is likely to become a public charge, or is afflicted with tuberculosis
or with a loathsome or dangerous contagious disease, or is a person who
has been convicted of, or who admits having committed a felony or
other crime or misdemeanor involving moral turpitude, or is a poly-
gamist or one admitting belief in the practice of polygamy, or an anar-
chist, or under promise or agreement, express or implied, to perform
labor in the United States, or a prostitute, or a woman or a girl coming
to the United States for the purpose of prostitution, or for any other
immoral purpose, and that also, according to the best of his knowledge
and belief, the information in said lists or manifests concerning each
of said aliens named therein is correct and true in every respect.
Sec. 14. That the surgeon of said vessel sailing therewith shall also
sign each of said lists or manifests and make oath or affirmation in like
manner before an immigration officer at the port of arrival, stating his
professional experience and qualifications as a physician and surgeon,
and that he has made a personal examination of each of the said aliens
named therein, and that the said list or manifest, according to the best
of his knowledge and belief, is full, correct, and true in all particulars
relative to the mental and physical condition of said aliens. If no
surgeon sails with any vessel bringing aliens the mental and physical
examinations and the verifications of the lists or manifests shall be
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246 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
made by some competent surgeon employed by the owners of the said
vessel.
Sec. 15. That in the case of the failure of the master or command-
ing officer of any vessel to deliver to the said immigration officers lists
or manifests of all aliens on board thereof, as required in sections twelve
thirteen, and foiui^een of this Act, he shall pay to the collector of cus-
toms at the port of arrival the sum of ten dollars for each alien concern-
ing whom the above information is not contained in any list as aforesaid:
Provided That in the case of failure without good cause to deliver the
list of passengers required by section twelve of this Act from the master
or commanding officer of every vessel taking alien passengers out of
the United States, the penalty shall be paid to the collector of customs
at the port of departure and shall be a fine of ten dollars for each alien
not included in said list; but in no case shall the aggregate fine exceed
one hundred dollars.
Sec. 16. That upon the receipt by the immigration officers at any
port of arrival of the lists or .manifests of incoming aliens provided for
in sections twelve, thirteen, and fourteen of this Act, it shall be the
duty of said officers to go or to send competent assistants to the vessel to
which said lists or manifests refer, and there inspect all such aliens, or
said immigration officers may order a temporary removal of such aliens
for examination at a designated time and place, but such temporary
removal shall not be considered a landing place, nor shall it relieve the
transportation lines, masters, agents, owners, or consignees of the
vessel upon which said aliens are brought to any port of the United
States from any of the obligations which, in case such aliens remain on
board, would, under the provisions of this Act, bind the said transpor-
tation lines, masters, agents, owners, or consignees: Provided, That
where a suitable building is used for the detention and examination of
aliens the immigration officials shall there take charge of such aliens,
and the transportation companies, masters, agents, owners, and con-
signees of the vessels bringing such aliens shall be relieved of the responsi-
bility for their detention thereafter until the return of such aliens to
their care.
Sec. 17. That the physical and mental examination of all arriving
aliens shall be made by medical officers of the United States Public
Health and Marine-Hospital Service, who shall have had at least two
years' experience in the practice of their profession since receiving the
degree of doctor of medicine and who shall certify for the information
of the immigration officers and the boards of special inquiry herein-
after provided for, any and all physical and mental defects or diseases
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observed by said medical officers in any such alien, or, should medical
officers of the United States Public Health and Marine-Hospital Service
be not available, civil surgeons of not less than four years' professional
experience may be employed in such emergency for such service, upon
such terms as may be prescribed by the Commissioner-General of
Immigration under the direction or with the approval of the Secretary
of Commerce and Labor. The United States Public Health and Marine-
Hospital Service shall be reimbursed by the immigration service for
all expenditures incurred in carrying out the medical inspection of
aliens under regulations of the Secretary of Commerce and Labor.
Sec. 18. That it shall be the duty of the owners, officers, or agents
of any vessel or transportation line, other than those railway lines which
may enter into a contract as provided in section thirty-two of this Act,
bringing an alien to the United States to prevent the landing of such
alien in the United States at any time or place other than as designated
by the immigration officers, and the negligent failure of any such owner,
officer, or agent to comply with the foregoing requirements shall be
deemed a misdemeanor and be punished by a fine in each case of not
less than one hundred nor more than one thousand dollars or by im«
prisonment for a term not exceeding one year, or by both such fine and
imprisonment; and every such alien landed shall be deemed to be
unlawfully in the United States and shall be deported as provided in
sections twenty and twenty-one of this Act.
Sec. 19. That all aliens brought to this country in violation of law
shall, if practicable, be immediately sent back to the country whence
they respectively came on the vessels bringing them. The cost of their
maintenance while on land, as well as the expense of the return of such
aliens, shall be borne by the owner or owners of the vessels on which
they respectively came; and if any master, person in charge, agent,
owner, or consignee of any such vessel shall refuse to receive back on
board thereof, or on board of any vessel owned or operated by the
same interests, such aliens, or shall fail to detain them thereon, or
shall refuse or fail to return them to the foreign port from which
they came, or to pay the cost of their maintenance while on land,
or shall make any charge for the return of any such alien, or shall
take any security from him for the payment of such charge, such
master, person in charge, agent, owner, or consignee shall be deemed
guilty of a misdemeanor and shall, on conviction, be punished by a
fine of not less than three hundred dollars for each and every such
offense; and no vessel shall have clearance from any port of the United
States while any such fine is unpaid: Providedf That the Commissioner-
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248 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
General of Immigration, with the approval of the Secretary of Com-
merce and Labor, may suspend, upon conditions to be prescribed by
the Commissioner-General of Immigration, the deportation of any alien
found to have come in violation of any provision of this Act, if, in his
judgment, the testimony of such alien is necessary on behalf of the
United States Government in the prosecution of offenders against any
provision of this Act: Provided, That the cost of maintenance of any
person so detained resulting from such suspension of deportation shall
be paid from the "immigrant fund" but no alien certified, as provided
in section seventeen of this Act, to be suffering from tuberculosis or
from a loathsome or dangerous contagious disease other than one of
quarantinable nature shall be permitted to land for medical treatment
thereof in any hospital in the United States, unless with the express
permission of the Secretary of Commerce and Labor: Provided, That
upon the certificate of a medical officer of the United States PubUc
Health and Marine-Hospital Service to the effect that the health or
safety of an insane alien would be unduly imperiled by immediate
deportation, such alien may, at the expense of the "immigrant fund,"
be held for treatment until such time as such alien may, in the opinion
of such medical officer, be safely deported.
Sec. 20. That any alien who shall enter the United States in violation
of law, and such as become public charges from causes existing prior
to landing, shall, upon the warrant of the Secretary of Commerce and
Labor, be taken into custody and deported to the country whence he
came at any time within three years after the date of his entry into the
United States. Such deportation, including one-half of the entire
cost of removal to the port of deportation, shall be at the expense of
the contractor, procurer, or other person by whom the alien was unlaw-
fully induced to enter the United States, or, if that can not be done,
then the cost of removal to the port of deportation shall be at the expense
of the "immigrant fund" provided for in section one of this Act, and the
deportation from such port shall be at the expense of the owner or
owners of such vessel or transportation line by which such aliens respec-
tively came: Provided, That pending the final disposal of the case of
any alien so laken into custody he may be released under a bond in the
penalty of not less than five hundred dollars with security approved by
the Secretary of Commerce and Labor, conditioned that such alien
shall be produced when required for a hearing or hearings in regard to
the charge upon which he has been taken into custody, and for depor-
tation if he shall be found to be unlawfully within the United States.
Sec. 21. That in case of Secretary of Commerce and Labor shall
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be satisfied that an alien has been found in the United States in violation
of this Act, or that an alien is subject to deportation under the pro-
visions of this Act or of any law of the United States, he shall cause such
alien within the period of three years after landing or entry therein to
be taken into custody and returned to the country whence he came, as
provided by section twenty of this Act, and a failure or refusal on the
part of the masters, agents, owners or consignees of vessels to comply
with the order of the Secretary of Commerce and Labor to take on board,
guard safely, and return to the country whence he came any alien
ordered to be deported under the provisions of this Act shall be punished
by the imposition of the penalties prescribed in section nineteen of this
Act: Provided, That when in the opinion of the Secretary of Commerce
and Labor the mental or physical condition of such alien is such as to
require personal care and attendance, he may employ a suitable person
for that purpose, who shall accompany such alien to his or her final
destination, and the expense incident to such service shall be defrayed
in like manner.
Sec. 22. That the Commissioner-General of Immigration, in addition
to such other duties as may by law be assigned to him, shall, under
the direction of the Secretary of Commerce and Labor, have charge of
the administration of all laws relating to the immigration of aliens into
the United States, and shall have the control, direction, and supervision
of all oflScers, clerks, and employees appointed thereunder. He shall
establish such rules and regulations, prescribe such forms of bond,
reports, entries, and other papers, and shall issue from time to time
such instructions, not inconsistent with law, as he shall deem best
calculated for carrying out the provisions of this Act and for protecting
the United States and aliens migratingthereto from fraud and loss, and
shall have authority to enter into contract for the support and relief
of such aliens as may fall into distress or need public aid; all under the
direction or with the approval of the Secretary of Commerce and Labor.
And it shall be the duty of the Commissioner-General of Immigration
to detail officers of the immigration service from time to time as may
be necessary, in his judgment, to secure information as to the number
of aliens detained in penal, reformatory, and charitable institutions
(public and private) of the several States and Territories, the District
of Columbia, and other territory of the United States and to inform the
officers of such institutions of the provisions of law in relation to the
deportation of aliens who have become public charges: Provided, That
the Commissioner-General of Immigration may, with the approval of
the Secretary of Commerce and Labor, whenever in his judgment such
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250 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
action may be necessary to accomplish the purposes of this Act, detail
immigration officers, and also surgeons, in accordance with the pro-
visions of section seventeen, for service in foreign countries.
Ssc. 23. That the duties of the commissioners of immigration shall
be of an administrative character, to be prescribed in detail by regu-
lations prepared, under the direction or with the approval of the Sec-
retary of Commerce and Labor.
Sbc. 24. That immigrant inspectors and other immigrant officers,
clerks, and employees shall hereafter be appointed and their compen-
sation fixed and raised or decreased from time to time by the Secre-
tary of Commerce and Labor, upon the recommendation of the Com-
missioner-General of Immigration and in accordance with the provisions
of the civil-service Act of January sixteenth, eighteen hundred and eighty-
three: Provided, That said Secretary, in the enforcement of that portion
of this Act which excludes contract laborers, may employ, without
reference to the provisions of the said civil service Act, or to the various
Acts relative to the compilation of the official register, such persons as
he may deem advisable and from time to time fix, raise, or decrease
their compensation. He may draw from the ''immigrant fund'' an-
nually fifty thousand dollars or as much thereof as may be necessary, to be
expended for the salaries and expenses of persons so employed and for
expenses incident to such employment; and the accounting officers of
the Treasury shall pass to the credit of the proper disbursing officer
expenditures from said sum without itemized account whenever the
Secretary of Commerce and Labor certifies that an itemized account
would not be for the best interests of the Government: Provided further,
That nothing herein contained shall be construed to alter the mode of
appointing commissioners of immigration at the several ports of the
United States as provided by the sundry civil appropriation Act
approved August eighteenth, eighteen hundred and ninety-four, or the
official status of such commissioners heretofore appointed. Immigra-
tion officers shall have power to administer oaths and to take and con-
sider evidence touching the right of any alien to enter the United States,
and, where such action may be necessary, to make a written record of
such evidence; and any person to whom such an oath has been adminis-
tered under the provisions of this Act who shall knowingly or wilfully
give false evidence or swear to any false statement in any way affecting
or in relation to the right of any alien to admission to the United States
shall be deemed guilty of perjury and be punished as provided by sec-
tion fifty-three hundred and ninety-two. United States Revised Statutes.
The decision of any such officer, if favorable to the admission of any
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OFFICIAL DOCUMENTS 251
alien, shall be subject to challenge by any other immigration officer, and
such challenge shall operate to take the alien whose right to land is so
challenged before a board of special inquiry for its investigation. Every
alien who may not appear to the examining immigrant inspector at the
port of arrival to be clearly and beyond a doubt entitled to land shall
be detained for examination in relation thereto by a board of special
inquiry.
Sec. 25. That such boards of special inquiry shall be appointed by
the commissioner of immigration at the various ports of arrival as may
be necessary for the prompt determination of all cases of immigrants
detained at such ports under the provisions of law. Each board shall
consist of three members, who shall be selected from such of the immi-
grant officials in the service as the Commissioner-General of Immigration,
with the approval of the Secretary of Commerce and Labor, shall from
time to time designate as qualified to serve on such boards: Provided,
That at ports where there are fewer than three immigrant inspectors,
the Secretary of Commerce and Labor, upon the recommendation of the
Commissioner-General of Immigration, may designate other United
States officials for service on such boards of special inquiry. Such
boards shall have authority to determine whether an alien who has been
duly held shall be allowed to land or shall be deported. All hearings
before boards shall be separate and apart from the public, but the said
boards shall keep a complete permanent record of their proceedings and
of all such testimony as maybe produced before them; and the decision
of any two members of a board shall prevail, but either the alien or any
dissenting member of the said board may appeal through the commis-
sioner of immigration at the port of arrival and the Commissioner-
General of Immigration to the Secretary of Commerce and Labor, and
the taking of such appeal shall operate to stay any action in regard to
the final disposal of any alien whose case is so appealed until the receipt
by the commissioner of immigration at the port of arrival of such
decision which shall be rendered solely upon the evidence adduced before
the board of special inquiry: Provided, That in every case where an
alien is excluded from admission into the United States, under any law
or treaty now existing or hereafter made, the decision of the appropriate
immigration officers, if adverse to the admission of such alien, shall be
final, unless reversed on appeal to the Secretary of Commerce and Labor
but nothing in this section shall be construed to admit of any appeal in
the case of an alien rejected as provided for in section ten of this Act.
Sec. 26. That any alien liable to be excluded because likely to be-
come a public charge or because of physical disability other than tubercu-
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252 THE AMERICAN JOUBNAL OF INTERNATIONAL LAW
losis or a loathsome or dangerous contagiotis disease may, if otherwise
admissible, nevertheless be admitted in the discretion of the Secretary
of Commerce and Labor upon the giving of a suitable and proper bond
or undertaking, approved by said Secretary in such amount and con-
taining such conditions as he may prescribe, to the people of the United
States, holding the United States or any State, territory, county, munici-
pality, or district thereof harmless against such alien becoming a pubUc
charge. The admission of such alien shall be a consideration for the
giving of such bond or undertaking. Suit may be brought thereon in the
name and by the proper law officers either of the United States Govern-
ment or of any State, Territory, district, county, or municipality in
which such alien becomes a public charge.
Sec. 27. That no suit or proceeding for a violation of the provisions
of this Act shall be settled, compromised, or discontinued without the
consent of the court in which it is pending, entered of record, with the
reasons therefor.
Sec. 28. That nothing contained in this Act shall be construed to
affect any prosecution, suit, action, or proceedings brought, or any
act, thing, or matter, civil or criminal, done or existing at the time of
the taking effect of this Act; but as to all such prosecutions, suits
actions, proceedings, acts, things, or matters the laws or parts of laws
repealed or amended by this Act are hereby continued in force and
effect.
Sec. 29. That the circuit and district courts of the United States
are hereby invested with full and concurrent jurisdiction of all causes,
civil and criminal, arising under any of the provisions of this Act.
Sec. 30. That all exclusive privileges of exchanging money, trans-
porting passengers or baggage, or keeping eating houses, and all other
like privileges in connection with any United States immigrant station,
shall be disposed of after public competition, subject to such condi-
tions and limitations as the Commissioner-General of Immigration,
under the direction or with the approval of the Secretary of Commerce
and Labor, may prescribe: Providedy That no intoxicating liquors
shall be sold in any such immigrant station; that all receipts accruing
from the disposal of such exclusive privileges as herein provided shall
be paid into the Treasury of the United States to the credit of the
"immigrant fund" provided for in section one of this Act.
Sec. 31. That for the preservation of the peace and in order that
arrests may be made for crimes under the laws of the States and Terri-
tories of the United States where the various immigrant stations are
located, the officers in charge of such station, as occasion may require,
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OFFICIAL DOCUMENTS 253
shall admit therein the proper State and municipal officers charged
with the enforcement of such laws, and for the purpose of this section
the jurisdiction of such officers and of the local courts shall extend
over such stations.
Sec. 32. That the Commissioner-General of Immigration, under the
direction or with the approval of the Secretary of Commerce and
Labor, shall prescribe rules for the entry and inspection of aliens along
the borders of Canada and Mexico, so as not to unnecessarily delay,
impede, or annoy passengers in ordinary travel between the United
States and said countries, and shall have power to enter into contracts
with transportation lines for the said purpose.
Sec. 33. That for the purpose of this Act the term "United States"
as used in the title as well as in the various sections of this Act shall
be construed to mean the United States and any waters, territory, or
other place subject to the jurisdiction thereof, except the Isthmian
Canal Zone: Provided, That if any alien shall leave the canal zone and
attempt to enter any other place under the jurisdiction of the United
States, nothing contained in this Act shall be construed as permitting
him to enter under any other conditions than those applicable to all
aliens.
Sec. 34. That the Commissioner-General of Immigration, with the
approval of the Secretary of Commerce and Labor, may appoint a
commissioner of immigration to discharge at New Orleans, Louisiana,
the duties now required of other commissioners of immigration at their
respective posts.
Sec. 35. That the deportation of aliens arrested within the United
States after entry and found to be illegally therein, provided for in this
Act, shall be to the trans-Atlantic or trans-Pacific ports from which
said aliens embarked for the United States; or, if such embarkation was
for foreign contiguous territory, to the foreign port at which said aliens
embarked for such territory.
Sec. 36. That all aliens who shall enter the United States except at
the seaports thereof, or at such place or places as the Secretary of Com-
merce and Labor may from time to time designate, shall be adjudged
to have entered the country unlawfully and shall be deported as pro-
vided by sections twenty and twenty-one of this Act: Provided y That
nothing contained in this section shall affect the power conferred by
section thirty-two of this Act upon the Commissioner-General of
Immigration to prescribe rules for the entry and inspection of aliens
along the borders of Canada and Mexico.
Sec. 37. That whenever an alien shall have taken up his permanent
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254 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
residence in this country, and shall have filed his declaration of inten-
tion to become a citizen, and thereafter shall send for his wife, or minor
children to join him, if said wife or any of said children shall be found
to be affected with any contagious disorder, such wife or children shall
be held, under such regulations as the Secretary of Commerce and Labor
shall prescribe, until it shall be determined whether the disorder will
be easily curable, or whether they can be permitted to land without
danger to other persons; and they shall not be either admitted or
deported until such facts have been ascertained; and if it shall be deter-
mined that the disorder is easily curable or that they can be permitted
to land without danger to other persons, they shall, if otherwise admissi-
ble, thereupon be admitted.
Sec. 38. That no person who disbelieves in or who is opposed to all
organized government, or who is a member of or affiliated with any
organization entertaining and teaching such disbeUef in or opposition
to all organized government, or who advocates or teaches the duty,
necessity, or propriety of the unlawful assaulting or killing of any
officer or officers, either of specific individuals or of officers generally,
of the Government of the United States or of any other organized
government, because of his or their official character, shall be permitted
to enter the United States or any territory or place subject to the jiuis-
diction thereof. This section shall be enforced by the Secretary of
Commerce and Labor under such rules and regulations as he shall pre-
scribe. That any person who knowingly aids or assists any such person
to enter the United States or any territory or place subject to the juris-
diction thereof, or who connives or conspires with any person or persons
to allow, procure, or permit any such person to enter therein, except
pursuant to such rules and regulations made by the Secretary of Com-
merce and Labor shall be fined not more than five thousand dollars,
or imprisoned for not more than five years, or both.
Sec. 39. That a commission is hereby created, consisting of three
Senators, to be appointed by the President of the Senate, and three
members of the House of Representatives, to be appointed by the
Speaker of the House of Representatives, and three persons, to be
appointed by the President of the United States. Said commission
shall make full inquiry, examination, and investigation by sub-com-
mittee or otherwise into the subject of immigration. For the purpose
of said inquiry, examination, and investigation, said commission is
authorized to send for persons and papers, make all necessary travel
either in the United States or any foreign country, and, through the
chairman of the commission or any member thereof to administer
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OFFiaAL DOCUMENTS 255
oaths and to examine witnesses and papers respecting all matters per-
taining to the subject, and to employ necessary clerical and other assist-
ance. Said commission shall report to the Congress the conclusion
reached by it and make such recommendations as in its judgment may
seem proper. Such sums of money as may be necessary for the said
inquiry, examination, and investigation are hereby appropriated and
authorized to be paid out of the "immigrant fund'' on the certificate
of the chairman of said commission, including all expenses of the com-
missioners and a reasonable compensation, to be fixed by the President
of the United States, for those members of the commission who are not
members of Congress; and the President of the United States is also
authorized, in the name of the Government of the United States, to call,
in his discretion, an international conference, to assemble at such point
as may be agreed upon or to send special commissioners to any foreign
country, for the purpose of regulating by international agreement,
subject to the advice and consent of the Senate of the United States,
the immigration of aliens to the United States; of providing for the
mental, moral and physical examination of such aliens by American
consuls or other officers of the United States Government at the ports
of embarkation, or elsewhere; of securing the assistance of foreign
governments in their own territories to prevent the evasion of the
laws of the United States governing immigration to the United States;
of entering into such international agreements as may be proper to
prevent the immigration of aliens who, under the laws of the United
States, are or may be excluded trom entering the United States, and
of regulating any matters pertaining to such immigration.
Sec. 40. Authority is hereby given the Commissioner-General of
Immigration to establish, under the direction and control of the Sec-
retary of Commerce and Labor, a division of information in the Bureau
of Immigration and Naturalization; and the Secretary of Commerce
and Labor shall provide such clerical assistance as may be necessary.
It shall be the duty of said division to promote a beneficial distribution
of aliens admitted into the United States among the several States and
Territories desiring immigration. Correspondence shall be had with
the proper officials of the States and Territories, and said division shall
gather from all available sources useful information regarding the
resoiu'ces, products, and physical characteristics of each State and
Territory, and shall publish such information in different languages
and distribute the publications among all admitted aliens who may
ask for such information at the immigrant stations of the United States
and to such other persons as may desire the same. Wheif any State
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256 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
or Territory appoints and maintains an agent or agents to represent
it at any of the immigrant stations of the United States, such agent
shall, under regulations prescribed by the Commissioner-General of
Immigration, subject to the approval of the Secretary of Commerce
and Labor, have access to aliens who have been admitted to the United
States for the purpose of presenting, either orally or in writing, the
special inducements offered by such State or Territory to aliens to settle
therein. While on duty at any immigrant station such agents shall
be subject to all the regulations prescribed by the Commissioner-
General of Immigration, who, with the approval of the Secretary of
Commerce and Labor, may, for violation of any such regulations, deny
to the agent guilty of such violation any of the privileges herein granted.
Sec. 41. That nothing in this Act shall be construed to apply to
accredited olEcials of foreign governments nor to their suites, families,
or guests.
Sec. 42. It shall not be lawful for the master of a steamship or other
vessel whereon immigrant passengers, or passengers other than cabin
passengers, have been taken at any port or place in a foreign country
or dominion (ports and places in foreign territory contiguous to the
United States excepted) to bring such vessel and passengers to any
port or place in the United States unless the compartments, spaces,
and accommodations hereinafter mentioned have been provided, allot-
ted, maintained, and used for and by such passengers during the entire
voyage; that is to say, in a steamship, the compartments or spaces,
unobstructed by cargo, stores, or goods, shall be of sufficient dimensions
to allow for each and every passenger carried on brought therein eighteen
clear superficial feet of deck allotted to his or her use, if the compart-
ment or space is located on the main deck or on the first deck next below
the main deck of the vessel, and twenty clear superficial feet of deck
allotted to his or her use for each passenger carried or brought therein
if the compartment or space is located on the second deck below the
main deck of the vessel : Provided, That if the height between the lower
passenger deck and the deck immediately above it is less than seven
feet, or if the apertures (exclusive of the side scuttles) through which
light and air are admitted together to the lower passenger deck are less
in size than in the proportion of three square feet to every one hundred
superficial feet of that deck, the ship shall not carry a greater number
of passengers on that deck than in the proportion of one passenger to
every thirty clear superficial feet thereof. It shall not be lawful to
carry or bring passengers on any deck other than the decks above
mentioned. And in sailing vessels such passengers shall be carried or
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OFFICIAL DOCUMENTS 267
brought only on the deck (not being an orlop deck) that is next below
the main deck of the vessel, or in a poop or deck house constructed on
the main deck; and the compartment or space^ unobstructed by cargo,
stores of goods, shall be of sufficient dimensions to allow one hundred
and ten cubic feet for each and every passenger brought therein. And
such passengers shall not be carried or brought in any between decks,
nor in any compartment, space, poop, or deck house, the height of which
from deck to deck is less than six feet. In computing the number of
such passengers carried or brought in any vessel, children under one
year of age shall not be included, and two children between one and
eight years of age shall be counted as one passenger and any person
brought in any such vessel who shall have been, during the voyage
taken from any other vessel wrecked or in distress on the high
seas, or have been picked up at sea from any boat, raft, or otherwise,
shall not be included in such computation. The master of a vessel com-
ing to a port or place in the United States in violation of either of the
provisions of this section shall be deemed guilty of a misdemeanor;
and if the number of passengers other than cabin passengers carried
or brought in the vessel, or in any compartment, space, poop, or deck
house thereof, is greater than the nuihber allowed to be carried or
brought therein respectively, or hereinbefore prescribed, the said master
shall be fined fifty dollars for each and every passenger in excess of the
proper number, and may also be imprisoned not exceeding six months.
This section shall take effect on January first, nineteen hundred and
nine.
Sec. 43. That the Act of March third, nineteen hundred and three,
being an Act to regulate the immigration of aUens into the United States
except section thirty-foiu* thereof, and the Act of March twenty-second,
nineteen hundred and four, being an Act to extend the exemption from
head tax to citizens of Newfoundland entering the United States, and
all Acts and parts of Acts inconsistent with this Act are hereby repealed .
Provided J That this Act shall not be construed to repeal, alter, or amend
existing laws relating to the immigration or exclusion of Chinese persons
or persons of Chinese descent, nor to repeal, alter, or amend section
six, chapter four hundred and fifty-three, third session Fifty-eighth
Congress, approved February sixth nineteen hundred and five, or,
prior to January first, nineteen hundred and nine, section one of the
Act approved August second, eighteen hundred and eighty-two, entitled
"An Act to regulate the carriage of passengers by sea."
Sec. 44. That this Act shall take effect and be enforced from and
after July first, nineteen hundred and seven: Providedf however j That
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258 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
section thirty-nine of this Act and the last proviso of section one shall
take effect upon the passage of this Act and section forty-two on Janu-
ary first, nineteen hundred and nine.
Approved, February 20, 1907.
An Act in Reference to the EzpatricUion of Citizens and their Protection
Abroad, 1907
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled^ That the Secretary of State
shall be authorized, in his discretion, to issue passports to persons not
citizens of the United States as follows: Where any person has made
a declaration of intention to become such a citizen as provided by law
and has resided in the United States for three years a passport may be
issued to him entitling him to the protection of the Government in
any foreign country: Provided j That such passport shall not be valid
for more than six months and shall not be renewed, and that such pass-
port shall not entitle the holder to the protection of this Government
in the country of which he was a citizen prior to making such declara-
tion of intention.
Sec. 2. That any American citizen shall be deemed to have expatri-
ated himself when he has been naturalized in any foreign state in
conformity with its laws, or when he has taken an oath of allegiance
to any foreign state.
When any naturalized citizen shall have resided for two years in
the foreign state from which he came, or for five years in any other
foreign state it shall be presumed that he has ceased to be an Ameri-
can citizen, and the place of his general abode shall be deemed his
place of residence during said years: Provided, however, That such
presumption may be overcome on the presentation of satisfactory evi-
dence to a diplomatic or consular oflBcer of the United States, under
such rules and regulations as the Department of State may prescribe:
And provided also. That no American citizen shall be allowed to expa-
triate himself when this country is at war.
Sec. 3. That any American woman who marries a foreigner shall
take the nationality of her husband. At the termination of the mari-
tal relation she may resume her American citizenship, if abroad, by
registering as an American citizen within one year with a consul of
the United States, or by returning to reside in the United States, or,
if residing in the United States at the termination of the marital rela-
tion, by continuing to reside therein.
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OFFICIAL DOCUMENTS 259
Sbc. 4. That any foreign woman who acquires American citizenship
by marriage to an American shall be assumed to retain the same after
the termination of the marital relation if she continue to reside in the
United States, unless she makes formal renunciation thereof before a
court having jurisdiction to naturaUze aUens, or if she resides abroad
she may retain her citizenship by registering as such before a United
States consul within one year after the termination of such marital
relation.
Sec. 5. That a child born without the United States of alien parents
shall be deemed a citizen of the United States by virtue of the naturali-
zation of or resumption of American citizenship by the parent: Pro-
videdf That such naturalization or resumption takes place during the
minority of such child: And provided further, That the citizenship of
such minor child shall begin at the time such minor chiM begins to
reside permanently in the United States.
Sec. 6. That all children bom outside the limits of the United
States who are citizens thereof in accordance with the provisions of
section nineteen hundred and ninety-three of the Revised Statutes of
the United States and who continue to reside outside the United States
shall, in order to receive the protection of this Government, be required
upon reaching the age of eighteen years to record at an American con-
sulate their intention to become residents and remain citizens of the
United States and shall be further required to take the oath of alle-
giance to the United States upon attaining their majority.
Sec. 7. That duplicates of any evidence, registration, or other acts
required by this Act shall be filed with the Department of State for
record.
Approved, March 2, 1907.
Rides Ooveming the Granting and Issuing of Passports to those Who
Have Declared Their Intention to Become Citizens of the United States
1. The first section of the act approved March 2, 1907, "in reference
to the 'expatriation of citizens and their protection abroad," provides
"That the Secretary of State shall be authorized, in his discretion, to
issue passports to persons not citizens of the United States as follows:
Where any person has made a declaration of intention to become
such a citizen as provided by law and has resided in the United States
for three years, a passport may be issued to him entitling him to the
protection of the Government in any foreign country: Provided, That
such passport shall not be valid for more than six months and shall not
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260 THE AMERICAN JOURNAL OF H^ERNATIONAL LAW
be renewed, and that such passport shall not entitle the holder to the
protection of this Government in the country of which he was a citizen
prior to making such declaration of intention."
2. This section is not intended to confer upon persons who have
only declared their intention to become citizens a general right to receive
passports upon application. Such passports will be issued only when
it is affirmatively shown to the Secretary of State that some special
exigency requires the temporary absence of the applicant from the
United States, and that without such absence the applicant would be
subjected to special hardship or injury.
3. Such passports will not be issued to those who have made the
declaration of intention and who have failed, through their own neglect,
to complete their intention and secure naturalization as citizens of the
United States; nor to those who may make the declaration of intention
in order to secure passports and leave the United States, nor shall more
than, one such passport be issibed to any applicant.
4. It is therefore ordered that before a passport shall be issued to
anyone who has made the declaration of intention to become a citizen
or the United States the following facts shall he established to the satis-
faction of ihe Secretary of State;
(a) That the applicant has resided in the United States for at least
three years, as provided by law.
(&) That he is not yet eligible under the law for making application
for final naturalization.
(c) That at least six months have elapsed since the applicant's declara
tion of intention.
(d) That the applicant has not previously applied for and obtained
a similar passport from this Department,
(e) That a special and imperative exigency exists requiring the
absence of the applicant from the United States. The burden of proof
will, in each case, be upon the applicant to show to the satisfaction of
the Secretary of State that there is a necessity for his absence.
(/) That the applicant has not applied for or obtained a passport
from any other government since he declared his intention to become
a citizen of the United States.
5. Applications must be made in the form of an affidavit to the
Secretary of State.
6. The affidavit must be attested by an officer authorized to adminis-
ter oaths, and if he has an official seal it must be affixed. If he has no
seal his official character must be authenticated by certificate of the
proper legal officer.
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OFFICIAL DOCUMENTS 261
7. If the applicant signs by mark two attesting witnesses to his
signature are required.
8. The applicant is required to state the date and place of his birth,
his occupation and the place of his permanent residence, where he
intends to travel, how long he expects to remain in each foreign country,
for what purpose he is proceeding abroad, the circumstances which
make his absence necessary, that he intends to return to the United
States, and the probable duration of his absence therefrom.
9. // any previoiis application for a similar passport has been denied
hy the Department, this fact must he slated by the applicant.
The application must be accompanied by a description of the person
appl3dng and should state the following particulars, namely: Age, ;
stature, feet inches (English measure); forehead, ;
eyes, ; nose, ; mouth, ; chin, ; hair, ; com-
plexion, ; face, .
The application must be accompanied by two supporting affidavits
from citizens of the United States, who shall state that the applicant
is the person he represents himself to be, how long they have known
him, and that the facts stated in his affidavit are true to the best of
their knowledge and belief.
Elihu Root.
Department op State,
Washington, March tS, 1907.
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OFFICIAL DOCUMENTS
Texte du Traite Franco-Siamais.
du £3 mars, 1907}
Le Prudent de la B^publique frangaise et Sa Majesty le roi de Siam,
I la suite des operations de delimitation entreprises en execution de la
Convention du 13 f6vrier 1904, d6sireu2:, d'une part, d'assurrer le regle-
ment final de toutes les questions relatives aux f ronti^res communes de
nndo-Chine et du Siam, par un systfeme rdciproque et rationnel
d'dchanges, d^sireux, d'autre part, de faciliter les relations entre les deux
pays par ^introduction progressive d*un systfeme uniforme de juridiction
et par I'extension des droits des ressortissants fangais etablis au Siam.
Ont decide de conclure un nouveau traits et ont nomm^ 4 cet effet
pour lears pl^nipotentiares, savoir :
M. le President de la B^publique frangaise, M. Yictor-Emile-Marie-
Joseph Collin de Plancy, envoy^ extraordinaire et ministre pienipo-
tentiaire de la Bepublique frangaise au Siam, officer de la Legion
d'honneur et de Plnstruction publique.
Sa Majeste le roi de Siam, S. A. K. le prince Devawongse Yaroprakar,
chevalier de TOrdre de Maha Chakri, grand officier de la Legion
d'honneur, etc., Ministre des Affaires etrang^res,
Lesquels, munis de pleins pouvoirs, qui ont k\jk trouv^s en bonne et due
forme, sont convenus des dispositions suivantes :
Article Pbemier. Le Oouvemment Siamois cede k la France les
territoires de Battambang, Siem-reap et Sisophon dont les fronti^res
sont definies par la clause I du protocole de delimitation ci-annexe.
Art. 2. Le Oouvemment Frangais cide au Siam les territoires de
Dansai et le Kratt dont les fronti^res sont definies par les clauses I and
II dudit protocole, ainsi que toutes les ties situ^es au sud du Oap Lemling,
jusques et y compris Koh-Kut.
Art. 3. La remise de ces territoires aura lieu de part et d'autre dana
un deiai de vingt jours apr^s la date 4 laquelle le present traite aura
ete ratifie.
*Le Memorial Diplomatique; 12 mai 1007, page 297.
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264 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. 4. Une commission mixte, compos^e d'oflSciers et de fonctionnaireB
frangais et siamois^ sera nommee par les deux pays contractants, dans
un d^lai de quatre mois aprds la ratification du present traits et chaigie
de delimiter les nouvelles frontieres. EUe commencera ses travauz dte
que la saison le permettra et les poursuivra en se CQi^formant au protocole
de delimitation annex^ au present traits.
Art. 5. Tous les Asiatiques, sujets et prot^g^ frangais^ qui se feront
inscrire dans les consulats de France au Siam apres la signature du
present trait6, par application de Tarticle 9 de la Convention du 13
f^vrier 1904^ seront justiciables des tribunaux siamois ordinaires.
La juridiction des cours Internationales siamoises, dont Finstitution
est pr6vue par Particle 12 de la Convention du 13 f6vrier 1904^ sera,
dans les conditions . 6nonc^ au protocole de juridiction ci-annex£,
^tendue, dans tout le royaume de Siam, aux Asiatiques sujets et prot^gds
frangais, vis4s par les articles 10 et 11 de la mSme Convention et actuelle-
ment inscrits dans les consulats de France au Siam.
Ce regime prendra fin et la competence des cours intemationales sera
transfer^ aux tribunaux siamois ordinaires apr^s la promulgation et la
mise en vigueur des codes siamois (code p^nal, codes civil et commercial,
codes de procedure, loi d'organisation judiciare) .
Art. 6. Les Asiatiques sujets et prot^g^s frangais jouiront, dans toute
retendue du royaume de Siam, des droits et prerogatives dont b^neficient
les nationaux du pays, notamment des droits de propriety, de libre resi-
dence et de libre circulation.
lis seront soumis aux impots et prestations ordinaires.
lis seront exempts du service militaire et ne seront pas assujettis aux
requisitions et taxes extraordinaires.
Art. 7. Les dispositions des anciens traites, accords et conventions
entre la France et le Siam, non modifies par le present traite, restent en
pleine vigueur.
Art. 8. En cas de diflSculte d^interpretation du present traite redig6
en frangais et en siamois, le texte frangais fera seul foi.
Art. 9. Le present traite sera rafitife dans un delai de quatre mois, h
partir du jour de la signature ou plus tdt si f aire se pent.
En foi de' quoi les pienipotentiaires respectifs ont signe le present
traite et y ont appose leurs cachets.
Fait k Bangkok, en double exemplaire, le 23 mars mil neuf cent sept.
Signe: V. Collin db Plamoy.
Devawonose Yaroprakae.
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OFFICIAL DOCUMENTS 265
PBOTOOOLE.
OONOERNANT LA DELIMITATION DBS FBONTliBBS.
Annexe au traite du 23 mars 1907.
En vne de f aciliter les travauz de la CommiBBion pr6vtie k Particle IV
du traits en date de ce jour^ et en vne d'^viter toute possibility de di£B-
cult£ dans la delimitation^ le Oouvemement de la B^publiqne frangaise
et le Gouvernement de Sa Majesty le Boi de Siam sont convenus de ce
qui suit :
Clause I. La fronti^re entre PIndo-Chine Frangaise et le Siam part
de la mer en un point situ^ en face du plus haut sommet de llle de
Koh-Hut. Elle suit k partir de ce point une direction Nord-Est jusqu^i
la Crete des Pnom-krevanh. II est formellement convenu que, dans tons
les cas, les versants Est de ces montagnes, y compris, la totality du bassin
du Elong-kopo, doivent rester k Flndo-Chine Frangaise.
La fronti^re suit la cr^te des Pnom-krevanh dans la direction du Nord
jusqu^au Pnom-krevanh qui se trouve sur la ligne principale de partage
des eaux entre les rivieres qui coulent vers le golfe de Siam et celles qui
coulent vers le Grand Lac. Du Pnom-thom, la frontidre suit, d'abord,
dans la direction du Nord-Ouest; puis dans la direction du Nord, la
limite actuelle entre la provice de Battambang d'une part, et celles de
Chantaboun et de Kratt d^autre part, jusqu'au point 06 cette frontiere
coupe la rividre appel^e Nam-sai. Elle suit alors le cours de cette
riviere jusqu'i son confluent avec la riviere de Sisophon et cette demidre
ju6qu'4 un point situ^ k 10 kilometres en aval de la ville d'Aranh. De
ce dernier point, enfin, elle se continue en droite ligne jusqu'i un point
situ^ sur les Dang-rek, k mi-chemin entre les passes appel^es Ghong-ta-
koh et Chong-samet. II est entendu que cette demi^re ligne doit laisser
en territoire siamois la route directe entre Aranh et Chong-ta-koh.
A partir du point ci-dessus mentionn6, situ6 sur la crfete des Dang-rek,
la frontiere suit la ligne de partage des eaux entre le bassin du Grand
Lac et du Mekong d'une part et le bassin du Nam-moum d^autre part, et
aboutit au Mekong en aval de Pak-moum, k Fembouchure du Hueidone,
conformiment au trac^ adopts par la prfe^dente commission de delimita-
tion, le 18 Janvier 1907.
Un croquis sch^matique de la frontiere d^rite ci-dessus est annex6 au
prdsent protocole.
Clause II. Du c8t^ de Luang-Prabang, la frontiere se d^tache du
M6kong, au Sud, k Pembouchure du Nam-huong, et suit le thalweg de
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266 THE AMKRICAN JOURNAT. OF INTERXATIOXAL LAW
cette riviere jusqu'a sa source qui se trouve situee au Phu-khao-mieng.
De Ik, la frontiere suit la ligne de partage des eaux entre le Mekong et
le Menam et aboutit au Mel;png, au point appele Eeng-pha-dai, con-
f orraement au trace adopte par la precedente commission de delimitation,
le 16 Janvier 1905.
Clause III. La commission de delimitation prevue k Particle IV du
traite en date de ce jour aura k determiner et a tracer au besoin, sur le
terrain, la partie de la frontiere d^crite dans la clause I du present
protocole. Si, au cours des operations de delimitation, le gouvemment
frangais d^sirait obtenir une rectification de frontiere dans le but de
substituer des lignes naturelles a des lignes conventionnelles, cette recti-
fication ne pourrait ^tre faite dans aucun cas au detriment du gouveme-
ment siamois.
En foi de quoi, les Plenipotentiaires respect if s ont sign^ le present
protocole et y ont appose leurs cachets.
Fait k Bangkok, en double exemplaire, le 23 mars mil neuf cent sept.
Signe: V. Collin de Plancy.
Devawongse Yaropraear.
PBOTOGOLE OONGERNAXT LA JURIDICTION APPLICABLE DANS LE ROTAUMB
DE SIAM AUX ASIATIQUES SUJETS DE PROTEGES FRANQAIS.
Annexe au traite du 23 mars 1907.
En execution de Tarticle V du traits en date de ce jour, le Gouveme-
ment de la B^publique frangaise et le Gouvemement de Sa Majesty le
Roi de Siam, d^sireux de regler Torganisation et le fonctionnement des
cours intemationales sont convenus de ce qui suit :
Clause I. Des cours intemationales seront cre^s, partout oi!i le bon
fonctionnement de la justice I'exigera, apr^s entente entre le Ministre
de la Republique frangaise k Bangkok et le Ministre des Affaires
^trangeres du Siam.
Clause II. La competence des cours intemationales s'etend :
1. En matiere civile: k toutes mati^res civiles ou commerciales dans
lesquelles des Asiati()ue8 sujets ou proteges f rangais seront en cause :
2, En matiere p6nale: aux infractions de toute nature commises soit
par des Asiatiques sujets ou prot6g6s frangais, soit k leur prejudice.
Clause III. Dans les provinces d'Udone et d^Isara, la juridiction des
cours intemationales s'etendra provisoirement k tons les Asiatiques
sujets ou prot^g^ frangais, quelle que soit la date de leur inscription
sur les registres des Consulats de France.
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OFFICIAL DOCUMENTS 267
Clause IV. Le droit d'^vocation s^exercera conform^ent aux dis-
positions de I'article XII de la Convention du 13 f^vrier 1904.
Toutefois ce droit cessera de s'exercer pour toutes mati^res qui feront
Tobjet des codes ou de lois r^gulierement promulgu^s, d^s que ces codes
on ces lois auront etk communiqn^s k la Legation de France et qn'ils
anront it& mis en vigueur.
Une entente interviendra entre le minist^re des Affaires 6trang6res et
la Legation de France pour le r^glement des affaires pendantes au moment
oil lesdits codes ou lois entreront en vigueur.
Clause V. Toutes requites k fin d'appel contre les jugements des
cours intemationales de premiere instance seront coinmuniqu6es au consul
de France, qui aura le droit de dormer sur Faffaire un avis ^rit pour
§tre joint au dossier.
L'arrSt d'appel devra porter la signature de deux juges europiens.
Clause VI. Un recours de cassation sera ouvert eontre les arrets des
cours d'appel. Ce recours pourra s'exercer pour incompetence^ abus de
pouvoir, et, g^n^ralement, pour toutes violations de la loi.
II sera jug6 par la cour supreme ou San-Dika.
Clause VII, Quelle que soit la Juridiction saisie d'une affaire civile
ou p6nale, Texception d'incomp6tence, d^duite des rdgles poshes par le
traits en date de ce jour, devra 6tre proposie avant toute defense au fond.
Enfoi de quoi, les pl^nipotentiaires respectifs ont signi le present
protocole et y ont appose leurs cachets.
Fait k Bangkok, en double exemplaire, le 23 mars mil neuf cent sept.
Signs: V. Collin de Planot.
Devawonosb Vaboprakab.
Commercial agreement between the United States and Germany, signed
at Washington, April 22, 1907; at Levico, May 2, 1907}
The President of the United States of America, on the one hand, and
His Majesty the German Emperor, King of Prussia, in the name of the
German Empire, on the other, animated by a desire to adjust the com-
mercial relations between the two countries until a comprehensive com-
mercial treaty can be agreed upon, have decided to conclude a temporary
commercial agreement, and have appointed as their Plenipotentiaries for
that purpose, to wit :
* Proclaimed by the President of the United States June 1, 1907.
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268 THE AMEBICAN JOUBNAL OF INTERNATIONAL ULW
The President of the United States of America, the Honorable Elihn
Root, Secretary of State of the United States ; and
His Majesty the German Emperor, King of Prussia, His Excellency
Baron Speck von Stemburg, His Ambassador Extraordinary and Pleni-
potentiary to the United States of America.
Who, after an exchange of their respective full powers, found to be in
due and proper form, have agreed upon the following articles :
Abticle I. In conformity with the authority conferred on the Presi-
dent of the United States in Section 3 of the tariff act of the United
States approved July 24, 1897, it is agreed on the part of the United
States that the following products of the soil and industry of Germany
imported into the United States shall, from and after the date when this
Agreement shall be put in force, be subject to the reduced tariff rates
provided by said Section 3, as follows :
Argols, or crude tartar, or wine lees, crude, five per centum ad valorem.
Brandies, or other spirits manufactured or distilled from grain or other
materials, one dollar and seventy-five cents per proof gallon.
Champagne and all other sparkling wines, in bottles containing not
more than one quart and more than one pint, six dollars per dozen ; con-
taining not more than one pint each and more than one-half pint, three
dollars per dozen ; containing one-half pint each or less, one dollar and
fifty cents per dozen ; in bottles or other vessels containing more than one
quart each, in addition to six dollars per dozen bottles on the quantities
in excess of one quart, at the rate of one dollar and ninety cents per
gallon.
Still wines, and vermuth, in casks, thirty-five cents per gallon; in
bottles or jugs, per case of one dozen bottles or jugs containing each not
more than one quart and more than one pint, or twenty-four bottles or
jugs containing each not more than one pint, one dollar and twenty-five
cents per case, and any excess beyond these quantities found in such
bottles or jugs shall be subject to a duty of four cents per pint or
fractional part thereof, but no separate or additional duty shall be assessed
upon the bottles or jugs.
Paintings in oil or water colors, pastels, pen and ink drawings, and
statuary, fifteen per centum ad valorem. ,
Abt. II. It is further agreed on the part of the United States that the
modifications of the Customs and Consular Begulations set forth in the
annexed diplomatic note, and made a part of the consideration of this
Agreement, shall go into effect as soon as possible and not later than from
the date when this Agreement shall be put in force.
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OFFICIAL DOCUMENTS 269
Abt. III. BeciprocaUjy the Imperial Oennan Government concedes to
the products of the soil and industry of the United States enumerated in
the attached list upon their importation into Germany the rates of duty
indicated therein.
Art. IV. The provisions of Articles I and III shall apply not only to
products imported directly from the country of one of the Contracting
Parties into that of the other, but also to products which are imported
into the respective countries through a third country, so long as such
products have not been subject to any further processes of manufacture
in that country.
Art. V. The present Agreement shall apply also to countries or terri-
tories which are now or may in the future constitute a part of the customs
territory of either contracting party.
Art. VI. The present Agreement shall be ratified by His Majesty the
German Emperor, King of Prussia, as soon as possible, and upon official
notice thereof the President of the United States shall issue his proclama-
tion giving full effect to the respective provisions of this Agreement.
This Agreement shall take effect on July 1, 1907, and remain in force
until June 30, 1908. In case neither of the contracting parties shall
have given notice six months before the expiration of the above term of
its intention to terminate the said Agreement, it shall remain in force
until six months from the date when either of the contracting parties
shall notify the other of its intention to terminate the same.
Done in duplicate in English and German texts.
In testimony whereof the Plenipotentiaries above mentioned have sub-
scribed their names hereto at the places and on the dates expressed under
their several signatures.
Elihu Root^
Washington, April 22, 1907,
Sternburo,
Levioo, May 2, 1907.
(The schedule of rates of import duty in Germany referred to in Arti-
cle III is omitted.)
diplomatic note referred to in article II OF COMlfEROIAL
agreement.
April 22, 1907.
Excellency: Beferring to the Commercial Agreement signed this
day between the Imperial German Government and the Government of
the United States, I have the honor to inform you that instructions to
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270 THE AMEBIGAN JOUENAL OF INTEENATIONAL LAW
tiie customs and consular officers of the United States and others con-
cerned will be issued to cover the following points and shall remain in
force for the term of the aforesaid Agreement.
Market value as defined by Section 19 of the Customs Administrative
Act shall be construed to mean the export price whenever goods, wares,
and merchandise are sold wholly for export, or sold in the home market
only in limited quantities, by reason of which facts there can not be
established a market value based upon the sale of such goods, wares, and
merchandise in usual wholesale quantities, packed ready for shipment to
the United States.
B.
Statements provided for in Section 8 of the Customs Administrative
Act are not to be required by consular officers except upon the request of
the appraiser of the port, after entry of the goods. The Consular Regu-
lations of 1896, paragraph 674, shall be amended accordingly.
C.
. In reappraisement cases the hearing shall be open and in the presence
of the importer or his attorney, unless the Board of Appraisers shall
certify to the Secretary of the Treasury that the public interest will suffer
thereby; but in the latter case the importer shall be furnished with a
summary of the facts developed at the closed hearing upon which the
reappraisement is based.
D.
The practice in regard to " personal appearance before consul,'* " orig-
nal bills,'' '^ declaration of name of ship,"^ shall be made uniform in the
sense —
1. That the personal appearance before the consular officer shall be
demanded only in exceptional cases, where special reasons require a per-
sonal explanation.
2. That the original bills are only to be requested in cases where in-
voices presented to the consular officer for authentication include goods
of various kinds that have been purchased from different manufacturers
at places more or less remote from the consulate and that these bills
shall be returned after inspection by the consular officer.
3. That the declaration of the name of the ship in the invoice shall
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OFFICIAL DOCUMENTS 271
be dispensed with whenever the exporter at the time the invoice is pre-
sented for authentication is unable to name the ship.
Paragraph 678 of such regulations, as amended March 1, 1906, shall
be further amended by striking out the words :
" Whenever the invoice is presented to be consulated in a country other
than the one from which the merchandise is being directly exported to
the United States/'
And by inserting after the first sentence the following clause :
" As place, in which the merchandise was purchased, is to be considered
the place where the contract was made, whenever this was done at the
place where the exporter has his office."
Paragraph 681 of the Consular Regulations of 1896 relative to *^ swear-
ing to the invoice " shall be revoked.
E.
Special agents, confidential agents and others sent by the Treasury
Department to investigate questions bearing upon customs administra-
tion shall be accredited to the German Government through the Depart-
ment of State at Washington and the Foreign Office at Berlin, and such
agents shall cooperate with the several chambers of commerce located in
the territory apportioned to such agents. It is hereby understood that
the general principle as to personae gratee shall apply to these officials.
P.
The certificates as to value issued by German chambers of commerce
shall be accepted by appraisers as competent evidence and be considered
by them in connection with such other evidence as may be adduced.
Accept, Excellency, the renewed assurance of my highest consideration.
EuHU Boot.
His Excellency
Baron Spbck von Steknburo,
Imperial German Ambaaaiar.
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272 THE AMERICAN JOUBNAL OF INTEBNATIONAL LAW
Convention for the Exemption of Hospital Ships, in time of war, from
the payment of all dues and taxes imposed for the benefit of the
state, signed at The Hague, December 21, 1904; ratification advised
by the Senate, February 21, 1906; ratified by the President, October
16, 1906; ratification deposited at The Hague, March 26, 1907; pro^
claimed. May 21, 1907.
[Tbanslation.]
Convention regarding hospital ships.
His Majesty the Emperor of Germany, King of Prussia; His Majesty
the Emperor of Austria, King of Bohemia, etc., etc., and Apostolical
King of Hungary; His Majesty the King of the Belgians; His Majesty
the Emperor of China; His Majesty the Emperor of Corea; His Majesty
the King of Denmark; His Majesty the King of Spain; the President
of the United States of America; the President of the United Mexican
States; the President of the French Republic; His Majesty the King of
the Hellenes ; His Majesty the King of Italy ; His Majesty the Emperor
of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke
of Nassau; His Highness the Prince of Montenegro; Her Majesty the
Queen of the Netherlands ; the President of the Peruvian Republic ; His
Imperial Majesty the Shah of Persia ; His Majesty the King of Portugal
and of the Algarves, etc.; His Majesty the King of Roumania; His
Majesty the Emperor of All the Russias; His Majesty the King of Servia;
His Majesty the King of Siam, and the Swiss Federal Council,
Taking into consideration that the Convention concluded at The Hague
on July 29, 1899 for the adaptation to Maritime Warfare of the Prin-
ciples of the Geneva Convention of August 22, 1864, has sanctioned the
principle of the intervention of the Red Cross in naval wars by provisions
in favor of hospital ships ;
Desirous of concluding a convention to the end of facilitating by addi-
tional provisions the mission of such ships ;
Have appointed as their Plenipotentiaries, to wit :
His Majesty the Emperor of Germany, King of Prussia: M. de
Schlozer, His envoy extraordinary and minister plenipotentiary to The
Hague;
His Majesty the Emperor of Austria, King of Bohemia, etc., etc., and
Apostolical King of Hungary: M. Alexander Okolicsanyi d'Okolicsna,
His envoy extraordinary and minister plenipotentiary at The Hague ;
His Majesty the King of the Belgians: M. Baron Guillaume, His
envoy extraordinary and minister plenipotentiary at The Hague;
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OFFICIAL DOCUMENTS 273
His Majesty the Emperor of China: Hoo Wei-Teh, His envoy ex-
traordinary and minister plenipotentiary at St. Petersburg;
His Majesty the Emperor of Corea: Young Chan Min, His envoy
extraordinary and minister plenipotentiary at Paris ;
His Majesty the King of Denmark : M. W. de Grevenkop Castenskiold,
charge d'affaires of the Kingdom at The Hague;
His Majesty the King of Spain: M. Arthur de Baguer, His envoy
extraordinary and minister plenipotentiary at The Hague;
The President of the United States of America : Mr. John W, Garrett,
charge d'affaires ad interim of the Republic at The Hague;
The President of the United Mexican States: M. Zenil^ envoy ex-
traordinary and minister plenipotentiary of the Republic of Vienna ;
The President of the French Republic : M. de Monbel, envoy extraordi-
nary and minister plenipotentiary of the Republic at The Hague;
His Majesty the King of the Hellenes : M. D. G. Metaxas, His envoy
extraordinary and minister plenipotentiary at The Hague:
His Majesty the King of Italy : M. Tugini, His envoy extraordinary
and minister plenipotentiary at The Hague;
His Majesty the Emperor of Japan: M. Nobukata Mitsuhashi, His
envoy extraordinary and minister plenipotentiary at The Hague;
His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau :
M. Count H. de Villers, charg6 d'affaires of the Grand Duchy at Berlin;
His Highness the Prince of Montenegro: M. N. Tcharikow, envoy
extraordinary and minister plenipotentiary of His Majesty the Emperor
of All the Russias at The Hague;
Her Majesty the Queen of the Netherlands: M. Baron Melvil de
Lynden, Her minister of foreign affairs, and M. T. M. C. Asser, Her
minister of state, member of Her council of state;
The President of the Peruvian Republic : M. C. G. Candamo, envoy
extraordinary and minister plenipotentiary of the Republic at Paris and
at London ;
His Imperial Majesty the Shah of Persia: Mirza Samad Khan,
momtazos saltaneh. His envoy extraordinary and minister plenipotentiary
at The Hague;
His Majesty the King of Portugal and of the Algarves, etc. : M. Count
de Selir, His envoy extraordinary and minister plenipotentiary at The
Hague;
His Majesty the King of Roumania : M. Jean N. Papiniu, His envoy
extraordinary and minister plenipotentiary at The Hague ;
His Majesty the Emperor of All the Russias : M. Martens, His privy
councilor, permanent member of the council of the imperial ministry
of foreign affairs;
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274 THE AMERICAN JOU&NAJ. OF INTEBNATIONAL LAW
His Majesty the King of Servia: M. M. Vesniteb, His envoy ex-
traordinary and minister plenipotentiary at Paris;
His Majesty the King of Siam : Phya Baja Nupraphandh, His envoy
extraordinary and minister plenipotentiary at The Hague;
The Swiss Federal Council: M. 6. Carlin^ envoy extraordinary and
minister plenipotentiary of the Confederation at The Hague; Who, after
communication of their full powers^ found to be in good and due form,
have agreed on the following provisions :
Article 1. Hospital ships, concerning which the conditions set forth
in Articles 1, 2 & 3 of the Convention concluded at The Hague on July
29, 1899, for the adaptation to Maritime Warfare of the principles of
the Geneva Convention of August 22, 1864, are fulfilled shall be ex-
empted, in time of war, from all dues and taxes imposed on vessels for
the benefit of the State, in the ports of the Contracting Parties.
Art. 2. The provision of the foregoing article does not prevent the
application, by means of visitation or other formalities of fiscal or other
laws in force at said ports.
Art. 3. The rule laid down in article first is binding only on the Con-
tracting powers in case of war between two or more of them.
The said rule shall cease to be binding from the time when a non Con-
tracting Power shall join one of the belligerents in a war between Con-
tracting Powers.
Art. 4. The present Convention which bearing the date of this day,
may be signed until the first of October 1905 by the Powers expressing
their desire to do so, shall be ratified as soon as possible. The ratifica-
tions shall be deposited at The Hague.
A proces verbal of the deposit of the ratifications shall be drawn up
and a copy thereof, duly certified, shall be delivered through the diplo-
matic channel to all the Contracting Powers.
Art. 5. The non signatory Powers are permitted to adhere to the
present Convention after October first 1906.
They shall, to that end, make their adhesion known to the Contracting
Powers by means of a written notification addressed to the Oovcmment
of the Netherlands and communicated by the latter to the other Con-
tracting powers.
Art. 6. In the event of one of the High Contracting Powers denounc-
ing the present Convention, such denunciation shall not take effect until
one year after the notification made in writing to the Government of the
Netherlands and immediately communicated by the latter to all the other
Contracting Powers. This denunciation shall only .affect the notifying
Power.
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OFFICIAL rK)CUMENT8
275
In teBtimony whereof the Plenipotentiaries ha\e signed the present
Convention and afSxed their seals thereto.
Done at The Hague the twenty-first of December one thousand nine
hundred and four^ in a single copy which shall remain filed in the
archives of the Government of the Netherlands and copies of which, duly
certified shall be delivered through the diplomatic channel to the Con-
tracting Powers.
[L. 8.]
1 voN Schl5ker.
(Under reservation of the dec-
laration made at the meeting
of the Conference held De-
cember 21, 1904.)
[t. B.;
Okolicsanyi d'Oeoliosna.
[l. 8.;
GUILLAUME.
[L. 8/
Hoc Wei-tkh.
[l. 8/
Young Chan Min.
[L. 8/
W. Obevenkop Castenskiou).
[l. 8/
A. de Baoueb.
[L. 8.]
John W. Oabbbtt.
[L. 8/
J. Zenil.
[l. 8.;
MONBEL.
[L. 8.]
D. 0. Mbtaxas.
[L. 8.]
TUOINI.
[L. 8.]
NOBUKATA MiTSUHASHI.
[L. 8.]
C*«. DB VlLLBRS.
[L. 8.]
N. TCHARYKOW.
[L. 8.]
B°. Melvil de Lyndbk.
[L. 8.;
T. M. C. A88BB^
[l. 8.;
C. G. Candamo.
[l. 8.]
M. SAliAD.
[L. 8.;
CONDE DE SeLIB*
[L. 8/
J. N. Papiniu.
L. 8.;
(Under reservation of reciproc-
ity and of pilotage dues.)
Mabtens.
.
L. 8.
>. 8.;
Mil. B. Vebnitoh.
Raja Nupbaphandh.
L. 8/
Cablin
Certified to as a true copy :
HANNEIfA,
Secretary Oene\
Netherlands.
ml of
the Ministry of Foreign Affairs of the
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276 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
[TftANSLATION.]
FINAL ACT.
At the moment of proceeding to sign the Convention having for its
object the exemption of hospital ships in time of war in the ports of the
Contracting Parties from all dues and taxes imposed on vessels for the
benefit of the State, the Plenipotentiaries signing the present Act express
the wish that, in view of the highly humanitarian mission of these ships,
the Contracting Governments may take the measures necessary in order
to exempt these ships within a short time also from the payment of the
dues and taxes collected in their ports for the benefit of others than the
State, especially those collected for the benefit of municipalities or of
private companies or persons.
In witness whereof the Plenipotentiaries have signed the present proems-
verbal, which, bearing the date of this day, may be signed up to the first
of October, 1905.
Done at The Hague, the twenty-first of December, nineteen hundred
and four, in a single copy, which shall remain on file in the archives of
the Government of the Netherlands, and of which certified copies shall
be delivered through the diplomatic channel to the Powers signing the
aforemention Convention.
The plenipotentiary of H. M. the Emperor of Germany, King of
Prussia
V. Schl5zer.
The plenipotentiary of His Imperial and Boyal Apostolic Majesty
Okolicsanyi d'Okolicsna.
The plenipotentiary of H. M. the King of the Belgians
Guillaume.
The plenipotentiary of H. M. the Emperor of China
Hoo Wei-teh.
The plenipotentiary of H. M. the Emperor of Korea
Y. C. Min.
The plenipotentiary of H. M. the King of Denmark
W. Grevenkop Castenskiold.
The plenipotentiary of H. M. the King of Spain
A. DE Baouer.
The plenipotentiary of the United States of America
John W. Garrett.
The plenipotentiary of the United Mexican States
J. Zenil.
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OFFICIAL DOCUMENTS 277
The plenipotentiary of the French Bepublie
MONBEL.
The plenipotentiary of H. M. the King of the Hellenes
D. 0. Metaxas.
The plenipotentiary of H. M. the King of Italy
TUOINI.
The plenipotentiary of His Majesty the Emperor of Japan
NOBUKATA MiTSUHASHI.
The plenipotentiary of H. B. H. the Grand Duke of Lnzemborg, Duke
of Nassau
C**. DE VlLLERS.
The plenipotentiary of H. H. the Prince of Montenegro
N. TOHARYKOW.
The plenipotentiary of Her Majesty the Queen of the Netherlands
T. M. C. AssEH.
The plenipotentiary of the Peruvian Republic
C. G. Candamo.
The plenipotentiary of H. I. M. the Shah of Persia
M. Samad.
The plenipotentiary of H. M. the King of Portugal and of the
Algarves, etc.
CONDE DE SeLIR.
The plenipotentiary of H. M. the King of Boumania
J. N. Papiniu.
The plenipotentiary of H. M. the Emperor of All the Bussias
Martens.
The plenipotentiary of H. M. the King of Servia
Vesnitch.
The plenipotentiary of H. M. the King of Siam
Baja Nupraphandh.
The plenipotentiary of the Swiss Confederation
Carlin.
Certified to as a true copy.
Hannema,
Secretary General of the Ministry of Foreign Affairs of the
Netherlands.
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278 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Convention between the United States and Mexico for the Elimination
of the Bancos in the Rio Orande from the effects of Article II of the
Treaty of Nevember 12, 1884, signed at Washington, March 20, 1905;
ratification advised by the Senate, February 28, 1907; ratified by
President, March 13, 1907; ratified by Mexico, March 15, 1907;
ratifications exchanged at Washington, May 31, 1907; proclaimed,
June 6, 1907.
(Signed also in Spanish.)
Whereas, for the purpose of obviating the diflSeulties arising from the
application of Article V of the Treaty of Guadalupe-Hidalgo, dated Feb-
ruary 2, 1848, and Article I of the Treaty of December 30, 1853, both
concluded between the United States of America and Mexico — diflB-
culties growing out of the frequent changes to which the beds of the Rio
Grande and Colorado River are subject — there was signed in Wash-
ington on November 12, 1884, by the Plenipotentiaries of the United
States and Mexico, a convention containing the following stipulations :
"Article I. — The dividing line shall forever be that described in
the aforesaid Treaty and follow the center of the normal channel of the
rivers named, notwithstanding any alterations in the banks or in the
course of those rivers, provided that such alterations be effected by
natural causes through the slow and gradual erosion and deposit of
alluvium and not by the abandonment of an existing river bed and the
opening of a new one.
" Article II. — Any other change, wrought by the force of the cur-
rent whether by the cutting of a new bed, or when there is more than one
channel by the deepening of another channel than that which marked the
boundary at the time of the survey made under the aforesaid Treaty,
shall produce no change in the dividing line as fixed by the surveys of
the International Boundary Commissions in 1852, but the line then fixed
shall continue to follow the middle of the original channel bed, even
though this should become wholly dry or be obstructed by deposits/*
Whereas, as a result of the topographical labors of the Boundary
Commission created by the Convention of March 1, 1889, it has been ob-
served that there is a typical class of changes effected in the bed of the Rio
Grande, in which, owing to slow and gradual erosion, coupled with
avulsion, said river abandons its old channel and there are separated from
it small portions of land known as "bancos'' bounded by the said old
bed, and which, accprding to the terms of Article II of the aforemen-
tioned Convention of 1884, remain subject to the dominion and juris-
diction of the country from which they have been separated ;
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OFFICIAL DOCUMENTS 279
Whereas, said ^* bancos '' are left at a distance from the new river bed,
and, by reason of the Buccessive deposits of alluvium, the old channel isi
becoming effaced, the land of said '' bancos '^ becomes confused with the
land of the '^ bancos '^ continguous thereto, thus giving rise to difficulties
and controversies, some of an international and others of a private
character;
Whereas, the labors of the International Boundary Commission, under-
taken with the object of fixing the boundary line with reference to the
'^ bancos,^' have demonstrated that the application to these ** bancos ** of
the principle established in Article II of the Convention of 1884 renders
difficult the solution of the controversies mentioned, and, instead of
simplifying, complicates the said boundary line between the two
countries :
Therefore, the Governments of the United States of America and the
United States of Mexico, being desirous to enter into a convention to
establish more fitting rules for the solution of such difficulties, have
appointed as their Plenipotentiaries —
That of the United States of America, Alvey A. Adee, Acting Secre-
tary of State of the United States;
That of the United States of Mexico, its Ambassador Extraordinary
and Plenipotentiary, Licenciado Don Manuel de Azpiroz ;
Who, after exhibiting their full powers, found to be in good and due
form, have agreed to the following articles :
Article I. The fifty-eight (58) bancos surveyed and described in the
report of the consulting engineers, dated May 30, 1898, to which refer-
ence is made in the record of proceedings of the International Boundary
Commission, dated June 14, 1898, and which are drawn on fifty-four
(54) maps on a scale of one to five thousand (1 to 5,000), and three
index maps, signed by the Commissioners and by the Plenipotentiaries
appointed by the convention, are hereby eliminated from the effects of
Article II of the Treaty of November 12, 1884.
Within the part of the Rio Grande comprised between its mouth and
its confluence with the San Juan River the boundary line between the
two countries shall be the broken red line shown on the said maps — that
is, it shall follow the deepest channel of the stream — and the dominion
and jurisdiction of so many of the aforesaid fifty-eight (58) bancos as
may remain on the right bank of the river shall pass to Mexico, and the
dominion and jurisdiction of those of the said fifty-eight (58) bancos
which may remain on the left bank shall pass to the United States of
America.
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280 THE AAfEBICAN JOURNAL OF INTEBNATIONAI. LAW
Art. II. The International Commission Bhall, in the future, be guided
by the principle of elimination of the bancos established in the foregoing
article, with regard to the labors concerning the boundary line through-
out that part of the Rio Grande and the Colorado Siver which serves as a
boundary between the two nations. There are hereby excepted from this
provision the portions of land segregated by the change in the bed of
the said rivers having an area of over two hundred and fifty (250)
hectares, or a population of over two hundred (200) souls, and which
shall not be considered as bancos for the purposes of this treaty and shall
not be eliminated, the old bed of the river remaining, therefore, the
boundary in such cases.
Art. III. With regard to the bancos which may be formed in future,
as well as to those already formed but which are not yet surveyed, the
Boundary Commission shall proceed to the places where they have been
formed, for the purpose of duly applying Articles I and II of the present
convention, and the proper maps shall be prepared in which the changes
that have occurred shall be shown, in a manner similar to that employed
in the preparation of the maps of the aforementioned fifty-eight (58)
bancos.
As regards these bancos, as well as those already formed but not sur-
veyed, and those that may be formed in future, the Commission shall
mark on the groimd, with suitable monuments, the bed abandoned by the
river, so that the boundaries of the bancos shall be clearly defined.
On all separated land on which the successive alluvium desposits have
caused to disappear those parts of the abandoned channel which are
adjacent to the river, each of the extremities of said channel shall be
united by means of a straight line to the nearest part of the bank of the
same river.
Art. IV. The citizens of either of the two contracting countries who,
by virtue of the stipulations of this convention, shall in future be located
on the land of the other may remain thereon or remove at any time to
whatever place may suit them, and either keep the property which they
possess in said territory or dispose of it. Those who prefer to remain
on the eliminated bancos may either preserve the title and rights of
citizenship of the country to which the said bancos formerly belonged, or
acquired the nationality of the country to which they will belong in the
future.
Property of all kinds situated on the said bancos shall be inviolably
respected, and its present owners, their heirs, and those who may sub-
sequently acquire the property legally, shall enjoy as complete security
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OFFICIAL DOCUMENTS 281
with respect thereto as if it belonged to citizens of the country where it
is situated.
Art. v. This convention shall be ratified by the two high contracting
parties in accordance with their respective Constitutions, and the ratifica-
tions shall be exchanged at Washington as soon as possible.
In witness whereof, we, the undersigned, by virtue of our respective
powers, have signed the present convention, both in the English and
Spanish languages, and have thereunto a£Sxed our seals.
Done in duplicate, at the City of Washington, this 20th day of March,
one thousand nine hundred and five.
Alvey a. Adeb [seal]
M. DE Azpifioz [seal]
PROTOCOL OF SIGNATURE.
The Plenipotentiaries of the United States and ll^ezico who, on March
20, 1905, signed the treaty for the elimination of bancos in the Bio
Orande, having omitted involuntarily to sign the maps mentioned in
Article I thereof and which form a part of the said instrument, the
tmdersigned Plenipotentiaries have met together this day and signed the
above mentioned maps in conformity with the authority conferred upon
them by their respective Governments.
In witness whereof they have signed the present Protocol of Signature
and have affixed their seals thereto.
Done at Washington this fourteenth day of November one thousand
nine hundred and five.
[seal] Alvet a. Adee
£seal] Josi P. Godot
Convention between the United States and Mexico providing for the
Equitable Distribution of the Waters of the Rio Orande for Irrigation
Purposes, signed at Washington, May 21, 1906; ratification advised
by the Senate, June 26, 1906; ratified by the President, December 26,
1906; ratified by Mexico, January 5, 1907 ; ratifications exchanged at
Washington, January 16, 1907; proclaimed, January 16, 1907.
(Signed also in Spanish.)
The United States of America and the United States of Mexico being
desirous to provide for the equitable distribution of the waters of the
Bio Grande for irrigation purposes, and to remove all causes of con-
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282
THE AMERICAN JOURNAL OF INTERNATIONAL LAW
troversy between them in respect thereto, and being mo?ed by considera-
tions of international comity, have resolved to conclude a Convention
for these purposes and have named as their Plenipotentiaries :
The President of the United States of America, Elihu Root, Secretary
of State of the United States; and
The President of the United States of Mexico, His Excellency Senor
Don Joaquin D. Casastis, Ambassador Extraordinary and Plenipotenti-
ary of the United States of Mexico at Washington ;
Who, after having exhibited their respective full powers, which were
found to be in good and due form, have agreed upon the following
articles :
Art. I. After the completion of the proposed storage dam near Engle,
New Mexico, and the distributing system auxiliary thereto, and as soon
as water shall be available in said system for the purpose, the United
States shall deliver to Mexico a total of 60,000 acre-feet of water an-
nually, in the bed of the Rio Orande at the point where the head works
of the Acequia Madre, known as the Old Mexican Canal, now exist above
the city of Juarez, Mexico.
Art. II. The delivery of the said amount of water shall be assured by
the United States and shall be distributed through the year in the same
proportions as the water supply proposed to be furnished from the said
irrigation system to lands in the United States in the vicinity of El
Paso, Texas, according to the following schedule, as nearly as may be
possible :
Comsponding
cubic fett of
water.
Janaarj
Febraarj
March
April
Miy
J une
July
Augost
September
October
November
December
Total for the year
47,480,400
887,887.000
588.7d0.000
688.780.000
688.780.000
866.880,800
190.867.800
148.441.800
47,480.400
88.688,400
8,618.800,000
cable feet
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OFFICIAL DOCUMENTS 283
In case, however^ of extraordinary drought or serious accident to the
irrigation system in the United States, the amount delivered to the
Mexican Canal shall be diminished in the same proportion as the water
delivered to lands under said irrigation system in the United States.
Art. III. The said delivery shall be made without cost to Mexico, and
the United States agrees to pay the whole cost of storing the said quan-
tity of water to be delivered to Mexico, of conveying the same to the
international line, of measuring the said water, and of delivering it in
the river bed above the head of the Mexican Canal. It is understood
that the United States assumes no obligation beyond the delivering of the
water in the bed of the river above the head of the Mexican Canal.
Art. IV. The delivery of water as herein provided is not to be con-
strued as a recognition by the United States of any claim on the part of
Mexico to the said waters ; and it is agreed that in consideration of such
delivery of water, Mexico waives any and all claims to the waters of the
Rio Grande for any purpose whatever between the head of the present
Mexican Canal and Fort Quitman, Texas, and also declares fully settled
and disposed of, and hereby waives, all claims heretofore asserted or
existing, or that may hereafter arise, or be asserted, against the United •
States on account of any damages alleged to have been sustained by the
owners of land in Mexico, by reason of the diversion by citizens of the
United States of waters of the Hio Grande.
Art. V. The United States, in entering into this treaty, does not
thereby concede, expressly or by implication, any legal basis for any
claims heretofore asserted or which may be hereafter asserted by reason
of any losses incurred by the owners of land in Mexico due or alleged to
be due to the diversion of the waters of the Rio Grande within the *
United States; nor does the United States in any way concede the
establishment of any general principle or precedent by the concluding
of this treaty. The understanding of both parties is that the arrange-
ment contemplated by this treaty extends only to the portion of the
Rio Grande which forms the international boundary, from the head of
the Mexican Canal down to Fort Quitman, Texas, and in no other case.
Art. VI. The present Convention shall be ratified by both contracting
parties in accordance with their constitutional procedure, and the ratifica-
tions shall be exchanged at Washington as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the
Convention both in the English and Spanish languages and have thert-
nnto affixed their seals.
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284 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Done in duplicate at the City of Washington, this 2l8t day of May,
one thousand nine hundred and six.
Elihu Root [seal.]
Joaquin D Casasus [seal.]
Extradition treaty between Mexico and Ouatemala,^ signed May 19, 1894.
His Excellency the President of the United States of Mexico and his
Excellency the President of Guatemala, having agreed to provide for the
extradition of criminals by means of a Convention, have named their
Plenipotentiaries for that purpose, that is to say :
His Excellency the President of the United States of Mexico, Senor
Idcenciado Don Josi F. Godoy, his Charg^ d' Affaires ad interim in
Guatemala;
His Excellency the President of Guatemala, Senor Doctor Don Bamon
A. Salazar, Secretary of State for Foreign Affairs;
Who, after having exchanged their full powers, have agreed upon the
following Articles : —
Art. I. The Mexican Government and that of Guatemala engage to
deliver up to each other, at the request which one of the two Govern-
ments may make to the other, with the sole exception of its own subjects,
those persons accused or convicted by the competent authorities of the
country in which the offence may be committed, as authors or accomplices
of the crimes and offences enumerated in Article II of this Convention,
who shall be found within the territory of the other Contracting State.
Nevertheless, when the crime or offence which may give rise to the
requisition for extradition shall have been committed without the terri-
tory of the two Contracting Parties, such requisition may be acted upon,
provided that the laws of the country applied to authorize the prosecu-
tion of such offences committed without its territory.
II. The crimes and offences comprehended by the preceding Article
are —
1. Assassination.
2. Poisoning.
3. Parricide.
4. Infanticide.
5. Manslaughter.
* British and Foreign State Papers, vol. 86, page 665.
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OFFICIAL DOCUMENTS 285
6. Violation and rape.
7. Arson.
8. Alteration or falsification of documents or public credit^ bank
notes or public or private securities, issuing or bringing into circulation
of such counterfeit or falsified documents, bank notes, or securities,
falsification by means of manuscript or of telegraphic messages, and
making use of such counterfeit, manufactured, or falsified messages,
documents of credit, bank notes, or securities.
9. Making false money, including counterfeiting and alteration; issue
and bringing into circulation of counterfeit or altered money; as also
fraud in the selection of samples for the trial of the fineness and weight
of coins.
10. Perjury and false declarations of experts or interpreters.
11. Attempts against the liberty of the subject and violation of
domicile, committed by private individuals.
12. Bobbery, extortion, fraud, exactions, or misappropriation, com-
mitted by public functionaries.
13. Fraudulent bankruptcies and frauds connected with failures.
14. Associations of criminals.
15. Threats, of acts punishable by the criminal laws, against the
person or property; offers or proposals to commit a crime or to take part
in it, or acceptance of such offers or proposals.
16. Abortion.
17. Bigamy.
18. Stealing, receiving, concealment, substitution, or
19. Exposing or abandoning children.
20. Kidnapping.
21. Indecent assault, with violence.
22. Indecent assault, committed without violence on the person, or
with the aid of the person, of a child of either sex under 14 years of age.
23. Attempts against morals, inciting, aiding or abetting, habitually,
for the gratification of the passions of third parties, the licentiousness or
corruption of minors of either sex.
24. Wilful and premeditated assault and wounding, whether occasion-
ing death or incurable injury, or permanent incapacity for work, or re-
sulting in serious mutilation, or the amputation, or the loss of the use of
a member, or blindness or loss of the complete use of an organ.
25. Abuse of confidence and imposition.
26. Subornation of witnesses, experts, or interpreters.
27. Perjury.
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286 THE AMERrCAN JOURNAL OF INTERNATIONAL LAW
28. Alteration or falsification of seals, stamps, punches, or marks;
use of counterfeit or falsified seals, stamps, punches, or marks, and im- .
proper use of true seals, stamps, punches, transport coupons, postals
seals, and marks.
29. Corruption of public functionaries.
30. Destruction of a railway line, interference with the running of
trains, with the object of occasioning either the death or the injury of
the passengers.
31. Destruction of steam-engine constructions, or telegraphic ap-
paratus.
32. Destruction or damaging of sepulchres, monuments, objects of
art, deeds, documents, registers, and other papers.
33. Destruction, damaging, or injury of goods, merchandize, and
other movable property.
34. Destruction or devastation of crops, plantations, trees, or grafts.
35. Destruction of agricultural implements, and destruction or
poisoning of cattle and other animals.
36. Opposition to the making or execution of public works.
37. Barratr}' and piracy, comprising both the seizing of a vessel by
persons belonging to its crew, by means of fraud or violence towards the
captain or whoever may represent him; and the abandoning of the vessel
by the captain, except in those cases provided for by the law.
38. Attack on or resistance to the captain by the crew of a vessel,
accompanied by acts of violence by more than one-third of the crew,
refusal to obey the orders of the captain or mate, for the saving of the
ship or cargo, with blows and wounding, plot against the safety, liberty,
or authority of the captain.
39. Receiving of articles acquired by means of any of the crimes or
ofifences specified in the present Convention.
Attempts to commit the foregoing, when punishable according to the
laws of the two contracting countries, are comprehended in the above-
mentioned provisions. In all cases, extradition shall only take place for
criminal acts which may be punishable in the country applied to by a
penalty of not less than one year's imprisonment.
III. The requisition for extradition shall always be made through
the diplomatic channel.
IV. Extradition shall be granted by virtue of the presentation, either
of the original or certified copy of the decision or sentence of condemna-
tion, or of the warrant of arrest, or of any other order having the same
force, provided that it contains an exact description of the act for which
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OFFICIAL DOCUMENTS 287
it has been issued. These documents shall be accompanied by a copy of
the test of the Law applicable to the alleged offence^ and, if possible, by
the record of the individual claimed.
Y. In urgent cases the provisional arrest shall be effected on the
receipt of notice, sent by post or telegraph, of the existence of a warrant
of arrest; on condition, nevertheless, that this notice be given in due
form, through the diplomatic channel, to the Minister of Foreign Affairs
of the country applied to. The provisional arrest shall take place in the
manner and according to the regulations established by the laws of the
Government applied to; and shall cease to be effective if, at the expira-
tion of three months reckoned from the time it was effected, the accused
be not shown one of the documents referred to in Article IV of the
present Convention.
YI. The extradition shall not take place if it is applied for on account
of an offence for which the person claimed has already been convicted,
declared innocent or acquitted in the country of the (Government applied
to.
If the person should be proceeded against or convicted in the country
in which he is found, his extradition shall be deferred until the abandon-
ment of the prosecution, the declaration of his innocence or acquital,
or the time when he has served his sentence.
In the event of his being prosecuted or detained in the same country
on account of liabilities contracted with private individuals, his extradi-
tion shall take place, notwithstanding the injured parties being at liberty
to enforce their right before the competent authority.
YII. When the same person is claimed at the same time by several
States, the State applied to is at liberty to decide to which country he
shall be handed over.
YIII. A fugitive criminal shall not be surrendered if the offence in
respect of which his surrender is demanded is one of a political character,
or if the President of the nation where he is found believes that, although
extradition is applied for in respect to an ordinary offence, the real
object is to ptinish a political offense ; in such case the President is not
obliged to state the reasons for his refusal.
Attempts against the person of the Head of a foreign State or against
a member of his family, when such attempts are of the nature of homi-
cide, assassination, or poisoning, shall not be considered as political
offences or as acts in the nature of such offences.
IX. The person surrendered can in no case be prosecuted or punished
in the State in which the extradition has been granted, nor be handed
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288 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
over to a third State^ for any crime or offence not provided for in the
present Convention and previous to his extradition, until he has had in
either case the opportunity of leaving the before-mentioned country dur-
ing three months after his trial, or, in case of conviction, after having
served his sentence or having been pardoned.
Neither can he be prosecuted or punished on account of a crime or
offence provided for in the present Convention and previous to his ex-
tradition, but distinct from that which caused the latter, except with
the consent of the Government that granted it, which may, if it thinks
proper, require the production of one of the documents in Article IV
of the present Convention. The consent of this Government shall be
equally necessary to permit the extradition of the accused to a third
country. Nevertheless, such consent shall not be necessary when the
accused of his own accord asks to be tried or to serve his sentence, or
when he has not, within the period above mentioned, left the territory
of the country to which he was handed over.
X. Extradition shall be refused if, in accordance with the laws of
the country in which the accused is found, exemption from punishment
or prosecution is acquired from lapse of time, to be reckoned from the
date of the alleged acts, or from the date of prosecution or conviction.
XI. When grounds exist for granting extradition, all articles seized
which might serve to prove the crime or offence, as well as the stolen
goods, shall, according to the judgment of the competent authority, be
handed over to the demanding State, both when extradition is effected,
the accused being arrested, and when it is impossible to effect the same,
through the fresh escape or death of the prisoner. This delivery shall
also comprise any articles the accused may have hidden or deposited in
the country and which are subsequently discovered.
The rights of third parties, not implicated in the prosecution, who
may have acquired any articles mentioned in the present Article, shall
not be affected.
XII. The expenses incurred in the arrest, detention, custody, food,
and travelling expenses of the person whose extradition is granted^ as
also the cost of transport of the objects mentioned in the preceding
Article, shall be borne by the Government applying for the extradition.
XIII. It is formally stipulated that the extradition, by way of
transit through the respective territories of the Contracting States, of a
person who does not belong to the country through which he is passing,
shall be granted on the mere presentation of the original or a certified
copy of one of the documents mentioned in Article IV above quoted.
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OFFICIAL DOCUMENTS 289
proTided that the act which forms the basis for the extradition is com-
prised in the present Convention, and is not included in the provisions
of Articles VIII and IX.
XIY. When in the prosecution of a non-political criminal case one
of the Governments considers the examination of witnesses residing in
the other State to be necessary, it shall send a request to that effect
through the diplomatic channel; and the competent authorities shall
carry out the same according to the laws of the country in which the
examination of witnesses is held. Both Grovemments renounce all claim
having for object the reimbursement of expenses resulting from the ful-
filment of such requests, except in the case of the examination of experts
in criminal, commercial, or medical-legal cases, which may require several
days to carry out.
XV. When in a non-political criminal case the notification of any
proceedings or of a sentence issued by the authority of one of the con-
tracting countries has to be made to a person residing in the other
country, the document forwarded through the diplomatic channel shall
be notified to him personally by direction of the Public Prosecutor's office
of his place of residence, through the competent authority, and the orig-
inal indorsed with a duly legalized Minute of such notification shall be
returned through the same channel to the demanding Government.
XYI. When in a non-political criminal case the personal appearance
of a witness, is needed, the Government of the country where the latter
is residing shall request him to appear where he is summoned. If the
witness consents to proceed, he shall be at once furnished with the pass-
port that may be necessary, and his travelling and living expenses shall
be given to him, according to the current tariffs and regulations, by the
country in which the examination is to take place. No witness of what-
soever nationality who, summoned by one of the two countries, shall
voluntarily appear before the Courts of the other, can be prosecuted or
arrested for previous criminal or correctional acts or convictions, nor for
alleged complicity in the acts which form the subject of the case in which
be figures as witness.
When, in any non-political criminal case commenced in either of the
two countries, the presentation of proof or judicial documents is con-
sidered expedient, the request for the same made through the diplomatic
channel shall be complied with, except where special considerations pre-
vent it, on condition of the return of such documents.
The Contracting Governments renounce all claim for all expenses
occasioned within the limits of their respective territories for the dispatch
and return of proofs and documents.
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290 THE AHEBICAN JOURNAL OF INTEBNATIONAL LAW
XVII. The two Oovemmente oblige themselves to communicate
reciprocally to each other the convictions for crimes and offences of all
kinds which may be given by the Courts of one State against the citizens
of the other. Such communications shall be effected by means of the
dispatch, through the diplomatic channel, of a bulletin or an extract of
the sentence pronounced to the Government of the country to which the
criminal belongs. Each of the two Governments shall give the necessary
instructicms to the competent authorities on this point.
XVIII. The present Convention shall be for five years, counted from
the date of the exchange of the ratifications; it shall come into force
three months after the date of such exchange of ratifications, and shall
remain in force until one year from the day on which one of the two
Governments may declare its wish to abrogate it.
It shall be ratified, and the ratifications exchanged, as soon as possible,
in the city of Guatemala.
In witness whereof the respective Plenipotentiaries have signed and
set their respective seals.
Done in the city of Guatemala, in two originals, the 19th day of May,
1894.
[l. b.] Job* P, Godoy.
[l. b.] Ramon A. Salazab.
Treaty of Arbitration concluded between Argentina and ChUe^
signed May, 28, 1902.
No. 1.
PBELIHINARY PROTOCOL.
[TBAN8LATI0N.]
The Minister for Foreign Affairs, Don Jo86 Francisco Vergara Donoso,
and Don Jos6 A. Terry, Envoy Extraordinary and Minister Plenipo-
tentiary of the Argentine Republic, having met together at the Ministry
for Foreign Affairs of Chile, with a view to settling the rules for deciding
differences of any kind whatsoever which might tend to disturb the good
relations existing between the two countries, and thereby consolidating
the peace maintained up to the present, notwithstanding periodical
* TnuiBlatioB in od. 2739, presented to House of Commons.
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OFFICIAL DOCUMENTS 291
alarms caused by the long dispute as to frontier delimitation, the
Argentine Minister Plenipotentiary stated that the intention of his
Government^ conformable to the international policy which it had always
observed, was, to endeavour in every case to solve questions arising with
other States in a friendly manner ; that the Government of the Argentine
Kepublic had obtained such a result by keeping within their rights and
respecting to its full limits the sovereignty of other nations, without
interfering in their internal affairs or in their external questions; that
in consequence thereof they could have conceived no intention of terri-
torial expansion ; that his Government would persist in this policy ; and
that, believing that they were interpreting the public opinion of their
country, they made these solemn declarations, now that the moment had
come for Chile and the Argentine Republic to remove all causes for
trouble in their international relations.
The Minister for Foreign Affairs, on his part, declared that his Govern-
ment had always held, and still hold, those elevated views which the
Minister of the Argentine Republic had just expressed on behalf of his
Government; that Chile had given numerous proofs of the sincerity of
her aspirations, by embodying in her international Agreements the prin-
ciple of arbitration as a means of solving diflSculties with friendly
nations; that, respecting the independence and integrity of other States,
she also did not harbour designs of territorial expansions, except such as
resulted from the fulfillment of Treaties at present in existence or which
might hereafter be concluded ; that his Government would persist in this
policy ; that, happily, the question of the delimitation of frontier between
Chile and the Argentine Republic had ceased to be a danger to peace,
since both nations were awaiting the arbitral decision of His Brittanic
Majesty; that, in consequence, believing that he was interpreting the
public opinion of Chile, he made these declarations, deeming, in common
with the Argentine Minister, that the moment had now come to remove
all cause for trouble in the relations between the two countries.
In view of this conformity of sentiments, it was arranged :
1. To conclude a General Treaty of Arbitration which would guarantee
the realization of the aims referred to.
2. To draw up a Protocol of the present Conference, such document
to be considered as forming an integral part of the Treaty itself.
In witness whereof, two copies of the present note were signed on the
28th of May, 1902.
[Signed] Jos£ F. Vergara Donoso.
Jose A. Terry.
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THE AMSBIOAN JOUBSTAX OF INTEBNATIONAL LAW
No. 2.
General Treaty of Arbitration between Chile and the Argentine Beptiblicj
signed May, 28, 1902.
[Translation.]
The Goyernments of the Argentine Bepublic and of Chile, animated
by a mutual desire of solving, by friendly means, any question which
may arise between the two countries, have agreed to conclude a General
Treaty of Arbitration, for which purpose they have constituted as their
Ministers Plenipotentiary, namely:
His Excellency the President of the Bepublic of Chile, Senor Don Jos6
Francisco Vergara Donoso, Minister of State in the Department of
Foreign Affairs; and,
His Excellency the President of the Argentine Bepublic, Senor Don
Jo66 Antonio Terry, Envoy Extraordinary and Minister Plenipotentiary
of that country :
Who, after having exchanged their full powers, which they found in
good and due form, have agreed to the stipulations contained in the
following Articles :
Article I. The High Contracting Parties bind themselves to submit
to arbitration all controversies between them, of whatever nature they
may be, or from whatever cause they may have arisen, except when they
affect the principles of the Constitution of either country, and provided
that no other settlement is possible by direct negotiations.
Art. II. Questions which have already been the subject of definite
settlement between the High Contracting Parties cannot, in virtue of
this Treaty, be reopened. In such cases arbitration will be limited
exclusively to the questions which may arise respecting the validity, the
interpretation, and the fulfillment of such Agreements.
Art. III. The High Contracting Parties nominate as Arbitrator His
Brittanic Majesty's Government. If either of the Parties should break
off friendly relations with His Brittanic Majesty's Govrenment, in that
event both Parties nominate as Arbitrator the Government of the Swiss
Confederation.
Within the period of sixty days, dating from the exchange of ratifica-
tions, both Parties shall, jointly or separately, request His Brittanic
Majesty's Government, the Arbitrator in the first instance, and the
Government of the Swiss Confederation, the Arbitrator in the second
instance, to consent to accept the duty of Arbitrators conferred upon
them by this Treaty.
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OFFICIAL DOCUMENTS 293
Art. IV. The points, questions, or difficulties involved shall be deter-
mined by the Contracting Governments, who may define the scope of the
Arbitrator's powers and any other circumstance relating to the procedure.
Art. V. In default of agreement, either of the Parties may invite the
intervention of the Arbitrator, whose duty it will be to determine the
Agreement, the time, place, and formalities of the proceedings, as also to
settle any difficulties of procedure as to which disputes; may arise in the
course of the arbitration.
The Contracting Parties undertake to place all the information in
their power at the disposal of the Arbitrator.
Art. VI. Each of the Parties may appoint one or more Delegates to
represent it before the Arbitrator.
Art. VII. The Arbitrator is competent to decide upon the validity
and interpretation of the Agreement, as also to settle the disputes which
may arise between the Contracting Parties as to whether certain ques-
tions have or have not been submitted to jurisdiction by arbitration in
the written Agreemoit.
Art. VIII. The Arbitrator shall decide in accordance with the princi-
ples of international law, unless the Agreement calls for the application
of special rules or authorizes the Arbitrator to decide in the character
of a friendly mediator.
Art. IX. The Award shall decide definitely each point in dispute, and
the reasons for the same shall be stated.
Art. X. The Award shall be drawn up in duplicate, and shall be noti-
fied to each of the Parties by means of its Bepresentative.
Art. XI. The Award legally pronounced decides, within the limits of
its scope, the dispute between the Parties.
Art. XII. The Arbitrator shall fix in the Award the time within
which it shall be executed, and be competent to settle any questions which
may arise with respect to its execution.
Art. XIII. There is no appeal against the Award, and its fulfillment
is intrusted to the honour of the nations who have signed this Agreement.
Nevertheless, recourse to revision shall be allowed before the same Arbi-
trator who pronounced it, provided such action be taken within the time
allotted for the execution and in the following cases :
1. If the Award has been given on the strength of a document which
has been falsified or tampered with; and
2. If the Award has been, in whole or in part, the consequence of an
error of fact resulting from the arguments or documents of the case.
Art. XIV. Each one of the Parties shall defray its own expenses and
balf of the the general expenses of the Arbitrator.
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2S4 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Art. XV. The present Treaty shall remain in force ten years, dating
from the exchange of ratifications ; and if it shall not have been denounced
six months before the date of its expiry, it shall be considered renewed
for another ten years, and so on.
The present Treaty shall be ratified and the ratifications shall be
exchanged in Santiago de Chile within six months of its date.
In witness whereof the Plenipotentiaries of the Argentine Republic
and of the Republic of Chile have respectively signed and sealed the
present Treaty in duplicate, in the city of Santiago, on the 28th day of
May, 1902.
[Signed] J. F. Vbroara Donobo.
J08I6 A. Tbbrt.
No. 3.
Convention between Chile and the Argentine Republic respecting the
Limitation of Naval Armaments, signed May 28, 1902}
[TBAN8LIT10N.]
The Minister for Foreign Affairs, Don Jos6 Francisco Yergara Donoso,
and Dr. Jos6 Antonio Terry, Envoy Extraordinary of the Argentine
Republic, having met together in the Ministry for Foreign Affairs of Chile,
have agreed to include in the following Convention the various decisions
arrived at for the limitation of the naval armaments of the two Republics,
decisions which have been taken owing to the initiative and the good
offices of His Brittanic Majesty's Government, represented in Chile by
their Envoy Extraordinary and Minister Plenipotentiary, Mr. Gerard
Lowther, and in the Argentine Republic by their Envoy Extrordinary
and Minister Plenipotentiary, Sir William A. C. Barrington :
Article I. With the view of removing all motive for uneasiness or
suspicion in either country,, the Governments of Chile and of the
Argentine Republic desist from acquiring the vessels of war now building
for them, and from henceforth making new acquisitions.
Both Governments agree, moreover, to reduce their respective fleets,
with which object they will continue to exert themselves until they arrive
at an understanding which shall establish a just balance between the said
This reduction shall take place within one year, counting from the
date of the exchange of ratifications of the present Convention.
' Translation in cd. 2730. presented to House of Commons.
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OFFICIAL DOCUMENTS 295
Art. II. The two Governments bind themselves not to increase their
naval armaments during a period of five years, without previous notice ;
the one intending to increase them shall give the other eighteen months'
notice.
It is understood that all armament for the fortification of the coasts
and ports is excluded from this Agreement, and any floating machine,
such as submarine vessels, etc., destined exclusively for the defence of
these, can be acquired.
Abt. III. The two Contracting Parties shall not be at' liberty to part
with any vessel, in consequence of this Convention, in favour of countries
having questions pending with one or the other.
Art. IV. In order to facilitate the transfer of pending contracts, both
Governments bind themselves to prolong for two months the term stipu-
lated for the delivery of the vessels building, for which purpose they
will give the necessary instructions immediately this Convention has
been signed.
Art. v. The ratifications of this Conventon shall be exchanged within
the period of sixty days, or less if possible, and the exchange shall take
place in this City of Santiago.
In witness whereof the Undersigned have signed and put their seals to
two copies of this Conventioi;! in the City of Santiago, the 28th day of
the month of May, 1902.^
[Signed] J. F. Yeroara Doko80«
J. A. Tbrry.
No. 4.
Sefior Donoso to Senor Terry.
[TSANSLATION.]
Santiago^ May 28, 1902.
H. LE MlinBTRB,
The second part of Article I of the Convention, concluded for curtail-
ing the naval armaments of Chile and of the Argentine Bepublic, states :
''Both Governments agree, moreover, to reduce their respective fleets,
with which object they will continue to exert themselves until they
arrive at an understanding which shall establish a just balance between
the said fleets ; this reduction shall take place within one year, counting
from the date of exchange of ratifications of the present Convention.*'
*£rrone<m8ly printed '* ia92'' In c4. 2739.
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296 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
This Government understands that any differences which may arise
with respect to the execution of the clause I have cited are to be decided
by the Arbitrator, in accordance with the stipulation in Article I of the
General Treaty of Arbitration signed this day.
Trusting that your Excellency will be good enough to inform me of
the view of your Government in this respect, I have, etc.,
[Signed] Josi Frakcibco VBReAEA Donoso.
Befior Terry to SeAor Donoso,
[Translation.]
M. LE MiNiSTRE, Santiago, May 28, 1902.
I have had the honour to receive your Excellency's note of this date, by
which you are good enough to inform me that your Government interprets
the second part of Article I of the Convention respecting the limitation
of armaments in the sense that any difference which may arise and which
cannot be settled directly between the Chanceries within the year shall be
a matter for general arbitration, in accordance with the Treaty signed
to-day.
In reply, I hav^ the honour to inform your Excellency that my Govern-
ment places a similar interpretation on the above-mentioned clause.
I renew, etc.
[Signed] J. A. TERttY.
No. 6.
Explanatory Protocol, signed July 10, 1902.
[Translation.]
Senor Don Jos6 Francisco Vergara Donoso, Minister for Foreign
AflEairs of Chile, and Senor Don Jose Antonio Terry, the Argentine
Envoy Extraordinary and Minister Plenipotentiary of the Argentine
Republic, having met together in the Ministry for Foreign Affairs of Chile
in order to remove the slight doubts which have arisen in both countries,
and to give to the Agreements signed on the 28th May last the full
value of the high aims with which they were signed, and being duly
authorized, declared that their respective Governments agreed:
1. That the carrying out of existing Treaties, or of others which may
be rendered necessary by them, which question is referred to in the Pre-
liminary Declaration in the Treaty of Arbitration, cannot be the subject
of Arbitration between the two Parties, and conseqaently neither of the
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OFFICIAL DOCUMENTS 297
contracting Oovemments has the right to interfere with the manner in
which the other may choose to give effect to those Treaties.
2. That the carrying out of paragraph 2 of Article I of the Convention
concerning naval armaments, in virtue of which a just balance between
the two fleets was to be established, shall not necessitate the sale of
vessels, but that thifi just balance may be arrived at by a disarmament
or by other means to the extent required, in order that both Governments
may retain the necessary fleets, the one for their natural defence and for
the permanent safeguard of the Bepublic of Chile in the Pacific, and
the other for the natural defence and the permanent safeguard of the
Argentine Republic in the Atlantic and in the River Plate.
3. That the Agreements referred to having been submitted to the
respective Congress of both countries, the present instrument shall like-
wise be brought to the knowledge of those bodies.
In faith whereof the Undersigned have hereunto affixed their signature
in duplicate at Santiago, this 10th day of July, 1902.
. [Signed] J. P. Vbrgara Donoso.
J. A. Tebby.
No. 6.
Agreement concluded and signed between the Argentine Republic and
Chile on the 9th January, 1903, giving effect to the terms of the
Convention of May 28, 1902, for the Limitation of Naval Armaments.
[Tbanslation.]
His Excellency Dr. Luis M. Drago, Minister for Foreign Affairs and
Worship, and his Excellency Don Carlos Concha, Envoy Extraordinary
and Minister Plenipotentiary of Chile, having met together in the
Department of Foreign Affairs and Worship in Buenos Aires, on the
9th of January, 1903, with the view of giving effect to the just balance
which both countries have decided to establish between their respective
fleets, in conformity with the Treaty on Naval Armaments signed on the
28th May, 1902, with the notes exchanged on the same date between
the Chilean Ministry and the Minister Plenipotentiary of the Argentine
Republic, and, with the Protocol which was signed on the 10th July,
1902, relating to the same matter, and, after having exchanged their
respective powers, which were found in due form, have agreed to the
following arrangement :
Article 1. The Argentine Republic and the Republic of Chile shall
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298 THE AMERICAN JOUBNAI. OF INTERNATIONAL LAW
hereafter, and in the shortest time possible, sell the vessels of war now-
building for them, for the former in the ship-yards of Ansaldo (Italy)
and for the latter in those of Messrs. Vickers and Messrs. Armstrong
(England), according to the stipulations set forth in paragraph 1 of
Article 1 and in Article 3 of the Agreement of the 28th May, 1902. In
the event of its not being possible from any cause to carry out the sale
immediately, the High Contracting Parties may continue the building
of the said ships, until they are completed, but in no case shall they be
added to the respective fleets; not even with the previous notice of
eighteen months required for the increase of naval armaments by the
2nd Article of the above-quoted Agreement.
Art. 2. Both the High Contracting Parties mutually agree immedi-
ately to put the vessels at present building at the disposal and at the
orders of His Brittanic Majesty, the Arbitrator appointed by the Treaty
of the 28th May, 1902, informing him that they have agreed that the
vessels shall not leave the yards where they actually are except only in
case both High Parties jointly request it, either because their sale has
been effected or in virtue of a subsequent Agreement.
Art. 3. The two High Contracting Parties shall immediately com-
municate to the ship-builders the fact that the vessels have been placed,
by common consent of both Governments, at the disposal of the Arbi-
trator designated in the Treaty of the 28th May, 1902, without whose
express order they may not be delivered to any nation or individual.
Art. 4. In order to establish the just balance between the two fleets,
the Republic of Chile shall proceed to disarm the battle-ship " Capitan
Prat," and the Argentine Republic to disarm its battle-ships " Garibaldi '^
and " Pueyrredon.*'
Art. 5. In order that the vessels may be considered disarmed, in
accordance with the foregoing Article, they must be moored in a basin
or port, having on board only the necessary crew to attend to the preserva-
tion of the material which cannot be removed, and they must have
landed —
All coal.
All powder and ammunition.
Artillery of small calibre.
Torpedo tubes and torpedoes*
Electric search-lights.
Boats.
All stores of whatever kind.
For their better preservation it is permissible to roof in the declra.
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OFFICIAL DOCUMENTS 299
Art. 6. The vessels mentioned in Article 4, which both Governments
agree to disarm, shall remain in that state, and may not be rearmed
without the previous notice of eighteen months which the Government
who wishes to do so is obliged to give to the other Government, except
in case of a subsequent Agreement or of their alienation.
Art. 7. Both Governments shall request the Arbitrator appointed by
the Treaties of the 28th May, 1902, for the purpose of arranging diffi-
culties to which questions on naval armaments may give rise, to accept
the duties resulting from the present Agreement, for which purpose an
authenticated copy thereof shall be sent to him.
In witness whereof the respective Plenipotentiaries sign and seal the
present in duplicate.
[Signed] Luis M. Draoo.
Carlos Concha.
Treaty of Obligatory Arbitration between Argentine Republic, Bolivia,
Dominican Republic, Guatemala, Mexico, Paraguay, Peru, Salvador,
Uruguay,^ Signed at International American Conference, January
29, 1902.
The undersigned. Delegates to the second American International
Conference from the Argentine Republic, Bolivia, Dominican Republic,
Guatemala, El Salvador, Mexico, Paraguay, Peru, and Uruguay, assem-
bled in the City of Mexico, who are duly authorised by their respective
governments, have agreed to the following articles :
Article 1. The High Contracting Parties bind themselves to submit
to the decision of arbitrators all disputes that exist or may arise between
them, which they may not be able to settle by diplomatic means, when-
ever, in the exclusive judgment of any of the interested nations, such
disputes do not affect the national independence or the national honor.
Art. 2. Neither the national independence nor the national honour
shall be considered as imperilled by any dispute about diplomatic privi-
leges, boundaries, rights of navigation, or the validity, interpretation, and
fulfilment of treaties.
Art. 3. By virtue of the right recognised by Article 26 of the " Con-
vention for the Pacific Settlement of International Conflicts," signed
at The Hague on the 29th of July, 1899, the High Contracting Parties
^Darbj, International Tribunals, (Fourth edition, 1904), page 726.
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300 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
agree to submit to the decision of the Permanent Court of Arbitration,
established by the said Convention, all the disputes, to which reference
is made in tliis Treaty, unless any of the parties should prefer that a
special tribunal should be organised.
In the event of their submission to the Permanent Court of Arbitra-
tion at The Hague, the High Contracting Parties shall comply with the
provisions of the said Convention in so far as it relates to the organisation
of the Arbitral Tribunal, as well as in respect to the procedure to which
the latter shall be subject.
Art. 4. Whenever it may be necessary, from any cause whatever, to
organise a Special Tribimal, either because any one of the parties may
desire it or by reason of the Permanent Court of Arbitration at The
Hague, not being open to them, the procedure to be followed shall be
establislied on the signing of the Arbitration Agreement. The Tribunal
shall determine the date and place of its meetings and the language to
be used, and shall in every case be invepted with the power to determine
all questions relating to its own jurisdiction, and even those referring to
procedure on matters not provided for in the Arbitration Agreement.
Art. 5. If the High Contracting Parties, on the organisation of the
Special Tribimal, should not have agreed as to the appointment of an
Arbiti^ator, the Tribunal shall consist of three judges. Each State shall
appoint an Arbitrator, and these shall designate an Umpire. Should
they be unable to agree with reference to this designation, it shall be
made by the Chief of a third State, who shall be nominated by the
Arbitrators appointed by the Parties. Should they be unable to agree
as to the last-mentioned appointment, each of the Parties shall designate
a different Power, and the election of the Umpire shall then be made
by the two Powers so designated.
Art. 6. The High Contracting Parties stipulate that, in case of grave
disagreement or conflict between two or more of them, such as to render
war imminent, recourse shall be had, so far as circumstances permit, to
the good offices or mediation of one or more of the friendly Powers.
Art. 7. Independently of this recourse, the High Contracting Parties
consider it ueeful that one or more Powers that are not concerned in the
conflict, should gpontaneously offer, so far as opportunity is presented,
their good offices or their mediation to the States at variance.
The Powers not concerned in the conflict have the right of oflEering
their Good Offices or Mediation, even during the course of hostilities.
The exercise of this right can never be considered by either of the
Contending Parties as an unfriendly act.
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OFFICIAL DOCUMENTS 301
Art. 8. The ofiBce of Mediator consists in reconciling the opposing
claims, and appeasing the resentments which may have arisen between
the Nations in conflict.
Art. 9. The functions of tlie Mediator cease from the moment when
it is announced, either by one of the Contending Parties, or by the
Mediator himself, that the means of conciliation proposed by the latter
are not accepted.
Art. 10. Good Offices and Mediation, whether at the request of the
Parties in conflict or on the initiative of Powers who have no part in it,
(ire only in the nature of advice, and never of obligatory force.
Art. 11. The acceptance of mediation cannot have the effect, in the
absence of an agreement to the contrary, of interrupting, retarding, or
hindering mobilisation or other measures preparatory to war. If media-
tion should take place after the opening of hostilities, it shall not, in
the absence of an agreement to the contrary, interrupt the course of the
military operations.
Art. 12. In the case of grave differences which threaten to disturb
the Peace, and whenever the interested Powers are unable to agree as to
the election or acceptance of one of tlie friendly Powers as mediator, the
disputing States are recommended to select a Power, which shall be
specially entrusted with the mission of entering into direct relations with
a Pow^ chosen by the other interested nation, with the object of prevent-
ing the rupture of pacific relations.
During the continuance of this mandate, the duration of which, unless
the contrary is stipulated, cannot exceed thirty days, the contending
States «hall cease all direct negotiation with reference to the dispute,
which is to be considered as referred, exclusively, to the mediating
Powers.
Should these friendly Powers be unable to come to an agreement as to
the proposal of a solution acceptable to those who are in conflict, tliey
shall designate a third, to which the mediation shall be entrusted.
In case of actual rupture of pacific relations, this third Power shall
remain charged with 'the miasicm of profiting by every opportunity to re-
establish Peace.
Art. 13. In disputes of an international character, arising from a
difference in their estimate of matters of fact, the Signatory Republics
consider it useful that the parties which have not been able to agree by
diplomatic means should institute, as far as circumstances will permit,
an International Commission of Inquiry, entrusted with the duty of
facilitating the settlement of these disputes, by clearinfir \m the oucRtions
of fact, by means of an impartial and con«cieTitio'o i^r ^-ti ^'^tioi.
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302 THE AMERICAN JOUBNAL OF INTEBNATIONAL LAW
Aet. 14. International Commissions of Inquiry are constituted hj
Special Convention between the parties in litigation. The Agreement
shall specify the facts that are to be the subject matter of examination,
as well as the extent of the powers of the Commissioners, and shall
regulate the procedure to which they must adhere. The inquiry shall
proceed by hearing both parties in turn, and the procedure and time
allowed for the investigation, if not fixed by the agreement, shall be
determined by the Commission itself.
Art. 15. International Commissions of Inquiry shall be constituted,
unless it is stipulated to the contrary, in the same manner as the Arbitra-
tion Tribunal.
Art. 16. It is obligatory on the part of the Powers in litigation to
furnish the International Commission of Inquiry, to the fullest extent
they may consider possible, all the means and facilities necessary for the
complete knowledge and exact appreciation of the facts in question.
Art. 17. The above mentioned Commissions shall be limited to the
determination of matters of fact, and to the expression of opinion on
those that are merely technical.
Art. 18. The International Commission of Inquiry shall present its
report to the Powers that appointed it, signed by all the members of
the Commission. This report, being limited to the investigation of
matters of fact, shall by no means have the character of an arbitral
award, and shall leave the contending Powers in entire freedom as to
the value they shall attach to it.
Art. 19. The constitution of Commissions of Inquiry may be included
in the Agreements (compromis) of Arbitration, as a preliminary pro-
cedure, in order to determine the facts that are to form the subject of
adjudication.
Art. 20. The present Treaty does not annul any previous ones existing
between two or more of the Contracting Parties, in so far as they give
greater extension to obligatory arbitration. Nor does it alter the stipula-
tions on Arbitration relating to specific questions that have already
arisen, nor the course of the Arbitration procedure that is being fol-
lowed with respect to them.
Art. 21. This Treaty shall become operative, without the necessity
of the exchange of ratifications, as soon as three at least of the Signatory
States shall notify their approval to the (Jovemment of the United States
of Mexico, which will communicate it to the other Governments.
Art. 22. Xon-signatory Powers may, at any time, give their adhesion
to the present treaty. If any one of the Signatory Powers shall desire
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OFFICIAL DOCUMENTS 303
to regain its liberty it must denounce the Treaty, but such denunciation
can take effect solely in the case of the Power making it, and then only
after the expiration of one year from the completion of the denunciation.
Should the denouncing Power have any questions of arbitration pending
at the expiration of the year, the denunciation shall not take effect in
regard to the case still to be decided.
GENERAL DISPOSITIONS.
I. The present Treaty shall be ratified as soon as possible.
II. The ratifications shall be forwarded to the Ministry for Foreign
Affairs of Mexico, where they shall be deposited.
III. The Mexican Government shall send a certified copy of each
ratification to the other Contracting Governments.
In witness hereof, they (the Delegates) have signed the present Treaty,
and have respectively affixed their seals thereto.
Done at the City of Mexico, the 29th of January, 1902, in a single
original, which shall remain deposited at the Ministry for Foreign Affairs
of the United States of Mexico, certified copies of which shall be sent
through diplomatic channels to the contracting Governments.
[Signed by the Delegates for the Argentine, Bolivian, Dominican,
Guatemalan, Salvadorian, Mexican, Paraguayan, Peruvian, and Uru-
guayan Republics.]
Treaty for the Arbitration of Pecuniary Claims between United States
of America, Argentine Republic, Bolivia, Colombia, Costa Rica, Chile,
the Dominican Republic, Ecuador, El Salvador, Guatemala, Hayti,
Honduras, Mexico, Nicaragua,, Paraguay, Peru, and Uruguay}
Signed January SO, 1902,
Their Excellencies the Presidents of the Argentine Republic, Bolivia,
Colombia, Costa Rica, Chile, Dominican Republic, Ecuador, El Salvador^
the United States of America, Guatemala, Hayti, Honduras, the United
Mexican States, Nicaragua, Paraguay, Peru and Uruguay,
Desiring that their respective countries should be represented at the
Second International American Conference, sent thereto duly authorized
to approve the recommendationf*, resolutions, conventions and treaties
* Foreign Relations of the United States, 1906, page 650.
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304 TIFE AMEBICAN JOURNAL OF INTERNATIONAL LAW
that they might deem convenient for the interests of America, the follow-
ing Delegates:
For the Argentine Republic, — Their Excellencies Antonio Bermejo,
Martin Garcia Merou, Lorenzo Anadon.
For Bolivia. — His Excellency Fernando E. Guachalla.
For Colombia. — Their Excellencies Carlos Martinez Silva, General
Bafael Beyes.
For Costa Rica. — His Exoelleacy Joaquin Bemado Calvo.
For Chile. — Their Excellencies Alberto Bleat Gaim, Emilio Bello
Codecido, Joaquin Walker Martinez, Augusto Matte.
For the Dominican Republic. — Their Excellensies Federico Henri-
quez y Carvajal, Luis Felipe Carbo, Quintin Gutierrez.
For Ecuador. — His Excellency Louis Felipe Carbo.
For El Salvador. — Their Excellencies Francisco A. Beyes, Baltasar
Estupinidn.
For the United States of America. — Their Excellencies Henry 0.
Davis, William I. Buchanan, Charles M. Pepper, Volney W. Foster,
John Barrett.
For Ouatemala. — Their Excellencies Antonio Lazo Arriaga, Colonel
Francisco Orla.
For Hayti. — His Excellency J. N. L^ger.
For Honduras. — Their Excellencies Jo86 Leonard, Fausto Divila.
For Mexico. — Their Excellencies Genaro Baigosa, Joaquin D.
Casasus, Jose L6pez Portillo y Bojas, Emilio Pardo, jr., Pablo Macedo,
Alfredo Chavero, Francisco L. de la Barra, Manuel Stochez Mdrmol,
Bosendo Pineda.
For Nicaragua. — His Excellency Luis F. Corea^ His Excellency
Fausto Davila.
For Paraguay. — His Excellency Cecilio Baez.
For Peru. — Their Excellencies Isaac Alzamora, Alberto Elmore,
Manuel Alvarez Calder6n.
For Uruguay. — His Excellency Juan Cuestas;
Who, after having communicated to each other their respective full
powers and found them to be in due and proper form, exoepting those
presented by the representatives of Their Excellencies the Presidents of
the United States of America, Nicaragua and Paraguay, who act " ad
referendum,'' have agreed, to celebrate a Treaty to submit to the
decision of arbitrators Pecuniary Claims for damages that have not bcca
settled by diplomatic channel, in the following terms :
Article 1. The High Contracting Parties agree to submit to arbitra-
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OlFRIAJ. DOCL'MENTS 305
lion all claims for pecuniary loss or damage which may be presented by
their respective citizens, and which cannot be amicably adjusted through
diplomatic channels and when said claims are of sufficient importance to
warrant the expenses of arbitration.
Art. 2. By virtue of the faculty recognized by Article 26 of the Con-
vention of The Hague for the pacific settlement of international disputes,
the High Contracting Parties agree to submit to the decision of the
permanent Court of Arbitration established by said Convention, all
controversies which are the subject matter of the present Treaty, unless
both Parties should prefer that a special jurisdiction be organized,
according to Article 21 of the Convention referred to.
If a case is submitted to the Permanent Court of The Hague, the
High Contracting Parties accept the provisions of the said Convention,
in so far as they relate to the organization of the Arbitral Tribunal, and
with regard to the procedure to be followed, and to the obligation to
comply with the sentence.
Art. 3. The present Treaty shall not be obligatory except upon tho«;e
States which have subocribed to the Convention far the pacific settlement
of international disputes, signed at The Hague, July 29, 1899, and upon
those which ratify the Protocol unanimously adopted by the Republics
represented in the Second International Conference of American States,
for their adherence to the Conventions signed at The Hague, July 29,
1899. ' .
Art. 4. If, for any cause whatever, the Permanent Court of The
Hague sbmtld not be opened to one or mom of the High Contracting
Parties, they obligate themselves to stipulate, in a special Treaty, the
rules under which the Tribunal shall be established, as weU as its form
of procedure, which shall take cognizance of the questions referred to in
article 1 of the present Treaty.
Art. 5. This Treaty shall be binding on the States ratifying it, from
the date on which five signatory governments have ratified the same,
and shall be in force for five years. The ratification of this Treaty by
the signatory States shall be transmitted to the GrOTemment of the
United States of Mexico^ which shall notify the other Governments of
the ratifications it may receive.
In testimony whereof the Plenipotentiaries and Delegates also sign the
present Treaty, and affix the seal of the Second International American
Conference.
Made in the City of Mexico the thirtieth day of January nineteen
hundred and two, in three copies, written in Spanish, English and
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306
THE AMERICAN JOURXAI. OF INTKRNATIOXAL T-AW
be deposited with the Secretary of
United States, so that certified copies
them through the diplomatic channel
For Hayti :
J. N. LtGBR.
For Honduras:
J. Leonard.
P. Davila.
For Mexico:
0. Raiqosa.
Joaquin D. Gasasub.
E. T^ARDO, Jr.
Jos£ Lopez Portillo t Bojis.
Pablo Macedo.
F. L. de la Barra.
Alfredo Chaybro.
M. Sanchez Marhol.
B08END0 Pineda.
For Nicaragua:
F. Davila.
For Paraguay :
Cecilio Baez.
For Peru:
Manuel Alvarez Caidbboh.
Alberto Elkobb.
For Uruguay:
Juan Cubstas.
French, respectively, wliich shall
Foreign Relations of the Mexican
thereof be made, in order to send
to the signatory States.
For the Argentine Republic:
Antonio Bermejo.
Lorenzo Anadon.
For Bolivia :
Fernando E. Ouaohalla.
For Colombia:
Rafael Reyes.
For Costa Rica:
J. B. Calvo.
For Chile:
Acgusto Matte.
JoAQ. Walker M.
Emilio Bello C.
For the Dominican Republic:
Fed. Henriqubz I Carvajal.
For Ecuador:
L. F. Carbo.
For El Salvador:
Francisco A. Reyes.
Baltasar Estupinian.
For the United States of America
W. I. Buchanan.
Charles M. Pepper.
VoLNEY W. Foster.
For Guatemala:
Francisco Orla.
[Note: Ratified by United States of America, January 28, 1905;
Guatemala, April 25, 1902; El Salvador, May 19, 1902; Peru, October
29, 1903; Honduras, July 6, 1904; and Mexico, May 1, 1905.]
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OFFICIAL DOCUMENTS 307
Resolution on Arbitration.^ Signed August 1, 1906.
The underfiigned, Delegates of the Republics represented in the Third
International American Conference, duly authorized by their Govern-
ments, have approved the following Resolution :
The Third International American Conference
Resolves:
To ratify adherence to the principle of arbitration; and to the end
that so high a purpose may be rendered practicable, to recommend to the
Nations represented at this Conference that instructions be given to
their Delegates to the Second Conference to be held at The Hague, to
endeavor to secure by the said Assembly, of world-wide character, the
celebration of a General Arbitration Convention, so eflfective and definite
that, meriting the approval of the civilized world, it shall be accepted
and put in force by every nation.
Made and signed in the City of Rio de Janeiro, on the seventh day of
the month of August nineteen hundred and six, in English, Spanish,
Portuguese and French, and deposited in the Department of Foreign
Aflfairs of the Government of the United States of Brazil, in order that
certified copies thereof be made, and forwarded through diplomatic
channels to each one of the Signatory States.
For Ecuador. — Emilio Ar6valo, Olmedo Alf aro.
For Paraguay. — Manoel Gondra, Arsenio L6pez Decoud, Gnalberto
Cardtis y Huerta.
For Bolivia. — Alberto Gutierrez, Carlos V. Romero.
For Colombia. — Rafael Uribe XJribe, Guillermo Valencia.
For Honduras. — Fausto DAvila.
For Panamd. — Jos6 Domingo de Obaldla.
For Cuba. — Gonzalo de Quesada, Rafael Montoro, Antonio Gonz&lez
Lanuza.
For the Dominican Republic. — Emilio C. Joubert.
For Peru. — Eugenio Larrabure y Undnue, Antonio Mir6 Quesada,
Mariano Comejo.
For El Salvador. — Dr. Francisco A. Reyes.
For Costa Rica. — Ascen8i6n Esquivel.
For the United States of Mexico. — Francisco Le6n de la Barra,
Ricardo Molina-Hflbbe, Ricardo Garcia Granados.
For Ouatemdla. — Antonio Batres JAuregui.
' Report of the Delegates of the United States to the Third International Con-
ference of the American States (Qovemment Document), page 97.
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308 THE AMERICAN .TOCBNAL OF INTERNATIONAL LAW
For Urvgvay, — LuIb Melian Lafinur, Antonio Maria Hodrlguez,
Gonzalo Ramirez.
For the Argentine Republic, — J. V. Gonzalez, Jos6 A. Terry, Eduardo
L. Bidau.
For Nicaragua. — Luis F. Corea.
For the United States of Brasil. — Joaquim Aurelio Nabuco de Araujo,
Gaatao de Cunha, Joaquim Francisco de Assis Brasil, Alfredo de Moraes
Gomes Ferreira, Joao Pandii Calogeras, Amaro Cavalcanti, Joaquim
Xavier da Silveira, Jos^ P. da Graga Aranha, Antonio da Fonioura
Xavier.
For the United States of America, — William I. Buchaiian« L. S.
Bowe, A. J. Montague, Tulio Larrinaga, Paul S. Beinsch, Van Leer Polk.
For Chile. — Anselmo Hevia Biquelme, Joaquin Walker Martinez,
Luis Antonio Vergara, Adolfo Guerrero.
CONSULAR SERVICE.
An Act To provide for the reorganization of the consular service of
the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled. That the consular system of
the United States be reorganized in the manner hereinafter provided in
this Act.
Sec. 2. That the consuls-general and the consuls of the United States
shall hereafter be classified and graded as hereinafter specified, with
the salaries of each class herein affixed thereto.
CONSULS-GENERAL.
Class one, twelve thousand dollars. — London, Paris.
Class two, eight thousand dollars. — Berlin, Habana, Hongkong, Ham-
burg, Rio de Janeiro, Shanghai.
Class three, six thousand dollars. — Calcutta, Cape Town, Constanti-
nople, Mexico City, Montreal, Ottawa, Vienna, Yokohama.
Class four, five thousand five hundred dollars. — Antwerp, Barcelona,
Bnispeh, Canton, Frankfort, Marseilles, Melbourne, Panama, Saint
•Petersburg, Seoul, Tientsin.
Class five, four thousand five hundred dollars. — Auckland, Beirut,
Buenos Ayres, Callao, Chefoo, Coburg, Dresden, Guayaqoili Halifax,
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OFFICIAL DOCUMENTS 809
Hankau, Mukden, Munich, Niuchwang, Rome, Rotterdam, Saint Gall,
Singapore.
Class six, three thousand five hundred dollars. — Adis Ababa, Bogota,
Budapest, Guatemala, Lisbon, Monterey, San Salvador, Stockholm,
Tangier.
Class seven, three thousand dollars. — Athens, Christiania, Copen-
hagen.
CONSULS.
Class one, eight thousand dollars. — Liverpool.
Class two, six thousand dollars. — Manchester.
Class three, five thousand dollars. — Bremen, Dawson, Belfast, Havre,
Kobe, Lourengo Marquez, Lyon, Pretoria.
Class four, four thousand five hundred dollars. — Amoy, Amsterdam,
Birmingham, Cienfuegos, Puchau, Glasgow, Kingston (Jamaica), Not-
tingham, Santiago, Southampton, Veracruz, Valparaiso.
Class five, four thousand dollars. — Bahia, Bombay, Bordeaux, Colon,
Dublin, Dundee, Harbin, Leipzig, Nanking, Naples, Nuremberg, Para,
Pemambuco, Plauen, Reichenberg, Santos, Stuttgart, Toronto, Tsingtau,
Vancouver, Victoria.
Class six, three thousand five hundred dollars. — Apia, Barmen, Bar-
ranquilla, Basel, Berne, Bradford, Chemnitz, Chungking, Cologne, Dalny,
Durban, Edinburgh, Geneva, Genoa, Georgetown, Lucerne, Mannheim,
Montevideo, Nagasaki, Odessa, Palermo, Port Elizabeth, Prague, Quebec,
Rimouski, San Juan del Norte, Sherbrooke, Smyrna, Three Rivers
(Quebec), Vladivostok, Winnipeg, Zurich.
Class seven, three thousand dollars. — Aix la Chapelle, Annaberg,
Barbados, Batavia, Burslem, Calais, Carlsbad, Colombo, Dunfermline,
Dusseldorf, Florence, Freiburg, Ghent, Hamilton (Ontario), Hanover,
Harput, Huddersfield, Iquitos, Jerusalem, Kehl, La Guaira, Leghorn,
Liege, Mainz, Malaga, Managua, Nantes, Nassau, Newcastle (New
South Wales), Newcastle (England), Port Antonio, Port au Prince,
Sandakan, Seville, Saint John (New Brunswick), Saint Michaels, Saint
Thomas (West Indies), San Jose, Sheffield, Swansea, Sydney (Nova
Scotia), Sydney (New South Wales), Tabriz, Tampico, Tamsui, Trieste,
Trinidad.
Class eight, two thousand five hundred dollars. — Acapulco, Aden,
Algiers, Alexandretta, Bamberg, Batum, Belize, Bergen, Breslau, Bruns-
wick, Cardiff, Chihuahua, Ciudad Juarez, Ciudad Porfirio Diaz, CoUing-
wood, Cork, Crefeld, Curagao, Eibenstock, Gothenburg, Hamilton
(Bermuda), Hull, Jerez de la Frontera, La Rochelle, Leeds, Madrid,
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310 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Magdeburg, Malta, Maracaibo, Martinique, Matamoroe, Mazatlan, Milan,
Moscow, Nice, Nogales, Nuevo Laredo, Orillia, Plymouth, Port Hope,
Port Limon, Prescott, Puerto Cortez, Rheims, Rosario, Boubaix, Saint
Johns (Newfoundland), Saint Etienne, Samia, Sault Sainte Marie,
Stettin, Tamatave, Tegucigalpa, Teneriffe, Trebizond, Valencia, Weimar,
Windsor (Ontario), Yarmouth, Zanzibar, Zittau.
Class nine, two thousand dollars. — Aguascalientes, Antigua, Asun-
cion, Bagdad, Belleville, Belgrade, Bristol, Campbellton, Cape Gracias,
Cape Haitien, Cartagena, Castellamare di Stabia, Catania, Ceiba, Char-
lottetown, Coaticook, Cornwall, Durango, Ensenada, Fort Erie, Funchal,
Gaspe, Gibraltar^ Glauchau, Goree-Dakar, Grenoble, Guadelope, Her-
mosillo, Hobart, Iquique, Jalapa, Jamestown, Kingston (Ontario), La
Paz, Limoges, Manzanillo, Maskat, Messina, Moncton, Niagara Falls,
Patras, Port Louis, Port Rowan, Port Stanley, Progreso, Puerto Cabello,
Puerto Plata, Riga, Rouen, Saigon, Saint Christopher, Saint Hyacinthe,
Saint Johns (Quebec), Saint Pierre, Saint Stephen, Saltillo, Sierra
Leone, Sivas, Stavanger, Suva, Tahiti, Turin, Turks Island, Tuxpam,
Utilla, Venice, Warsaw, Windsor (Nova Scotia), Woodstock.
Sec. 3. That the offices of vice-consuls-general, deputy consuls-general,
vice-consuls, and deputy consids shall be filled by appointment, as here-
tofore, except that whenever, in his judgment, the good of the service
requires it, consuls may be designated by the President without thereby
changing their classification to act for a period not to exceed one year
as vice-consuls-general, deputy consuls-general, vice-consuls, and deputy
consuls; and when so acting they shall not be deemed to have vacated
their offices as consuls. Consular agents may be appointed, when neces-
sary, as heretofore. The grade of commercial agent is abolished.
Sec. 4. That there shall be five inspectors of consulates, to be desig-
nated and commissioned as consuls-general . at large, who shall receive
an annual salary of five thousand dollars each, and shall be paid their
actual and necessary traveling and subsistence expenses while traveling
and inspecting under instructions from the Secretary of State. They
shall be appointed by the President, with the advice and consent of the
Senate, from the members of the consular force possessing the requisite
qualifications of experience and ability. They shall make such inspec-
tions of consular offices as the Secretary of State shall direct, and shall
report to him. Each consular office shall be inspected at least once in
every two years. Whenever the President has reason to believe that the
business of a consulate or a consulate-general is not being properly con-
ducted and that it is necessary for the public interest, he may authorize
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OFFICIAL DOCUMENTS 311
any consul-general at large to suspend the consul or consul-general^ and
administer the office in his stead for a period not exceeding ninety days.
In such case the consul-general at large so authorized shall have power
to suspend any vice or deputy consular ofiBcer or clerk in said office during
the period aforesaid. The provisions of law relating to the official bonds
of consuls-general, and the provisions of sections seventeen hundred and
thirty-four, seventeen hundred and thirty-five, and seventeen hundred and
thirty-six, Revised Statutes of the United States, shall apply to consuls-
general at large.
Sec. 5. No person who is not an American citizen shall be appointed
hereafter in any consulate-general or consulate to any clerical position
the salary of which is one thousand dollars a year or more.
Sec. 6. Sections sixteen hundred and ninety-nine and seventeen hun-
dred of the Sevised Statutes of the United States are hereby amended to
read as follows :
'^ Sec. 1699. No consul-general, consul, or consular agent receiving a
salary of more than one thousand dollars a year shall, while he holds
his office, be interested in or transact any business as a merchant, factor,
broker, or other trader, or as a clerk or other agent for any such person
to, from, or within the port, place, or limits of his jurisdiction, directly
or indirectly, either in his own name or in the name or through the
agency of any other person; nor shall he practice as a lawyer for com-
pensation or be interested in the fees or compensation of any lawyer ; and
he shall in his official bond stipulate as a condition thereof not to violate
this prohibition.
" Sec. 1700. All consular officers whose respective salaries exceed one
thousand dollars a year shall be subject to the prohibition against trans-
acting business, practicing as a lawyer, or being interested in the fees or
compensation of any lawyer contained in the preceding section. And
the President may extend the prohibition to any consul-general, consul^
or consular agent whose salary does not exceed one thousand dollars a
year or who may be compensated by fees, and to any vice or deputy
consular officer or consular agent, and may require such officer to give a
bond not to violate the prohibition.*'
Sec. 7. That every consular officer of the United States is hereby
required, whenever application is made to him therefor, within the limits
of his consulate, to administer to or take from any person any oath,
affirmation, affidavit, or deposition, and to perform any other notarial
act which any notary public is required or authorized by law to do within
the United States; and for every such notarial act performed he shall
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312 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
charge in each instance the appropriate fee prescribed by the President
under section seventeen hundred and forty-five, Revised Statutes.
Sec. 8. That all fees, official or unofficial, received by any officer in
the consular service for services rendered in ocmnection with the duties
of his office or as a consular officer, including fees for notarial services,
and fees for taking depositions, executing commissions or letters roga-
tory, settling estates, receiving or paying out moneys, caring for or
disposing of property, shall be accounted for and paid into the Treas-
ury of the United States, and the sole and only compensation of such
officers shall be by salaries fixed by law; but this shall not apply to
consular agents, who shall be paid by one half of the fees received in
their offices, up to a maximum sum of one thousand dollars in any one
year, the other half being accounted for and paid into the Treasury of
the United States. And vice-oonsuls-f^eneral, deputy consuls-general,
vice-consuls, and deputy consuls, in addition to such compensation as
they may be entitled to receive as consuls or clerks, may receive such
portion of the salaries of the consul-g^ieral or consuls for whom they
act as shall be provided by regulation.
Sec. 9. That fees for the ccmsular certification of invoices shall be,
and they hereby are, included with the fees for official services for which
the President is authorized by section seventeen hundred uid forty-five
of the Revised Statutes to prescribe rates or tariffs; and sections twenty-
eight hundred and fifty-one and seventeen hundred and twenty-one of the
Revised Statutes are hereby repealed.
Sec. 10. That every consular officer shall be provided and kept sup-
plied with adhesive official stamps, on which shall be printed the equiva-
lent money value of denominations and to amounts to be determined by
the Department of State, and shall account quarterly to the D^artment
of State for the use of such stamps and for such of them as shall remain
in his hands.
Whenever a consular officer is required or finds it necessary to per-
form any consular or notarial act he shall prepare and deliver to the
party or parties at whose instance such act is performed a suitable and
appropriate document as prescribed in the consular regulations and affix
thereto and duly cancel an adhesive stamp or stamps of the denominatiou
or denominations equivalent to the fee prescribed for such consular or
notarial act, and no such act shall be legally valid within the jurisdiction
of the Government of the United States unless such stamp or stamps is
or are affixed and canceled.
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OFFICIAL DOCUMENTS 313
Sec. 11. That this Act shall take effect on the thirtieth day of JTme^
nineteen hundred and six.
Sec. 12. That all Acts or parts of Acts inconsistent with this Act aiie
hereby repealed.
Approved, April 5, 1906.
[Public No. 83.]
EXECUTIVE ORDER.
With a view to further increasing the efficiency of the Consular Ser-
vice by extending the method now employed for ascertaining the quali-
fications possessed by candidates for appointment in that service:
It is hereby ordered that the Executive Order of September 20, 1895,
in regard to examinations for the Consular Service be and it is hereby
amended and extended to include all consulates general, consulates, com-
mercial agencies and consular agencies, the annual compensation of which
is not less than $1,000. Said order therefore will read as amended as
follows : —
It being of great importance that the consular officers of the United
States shall possess the proper qualifications for their respective positions
to be ascertained either through a satisfactory record of previous actual
service under the Department of State or through an appropriate
examination :
It is hereby ordered that any vacancy in a consulate general, consulate,
commercial or consular agency now or hereafter existing the salary of
which is not less than $1,000, or the compensation of which, if derived
from official fees, exclusive of notarial and other unofficial receipts, does
not fall below $1,000, shall be filled (a) by a transfer or promotion from
some other position under the Department of State of a character tending'
to qualify the incumbent for the position to be filled; or (b) by appoint-
ment of a person not under the Department of State but having previously
served thereunder to its satisfaction in a capacity tending to qualify him
for the position to be filled; or (c) by the appointment of a person who,
having furnished satisfactory evidence of character, responsibility, and
capacity, and being thereupon selected by the President for examination,
is found upon such examination to be qualified for the position.
For the purposes of this order notarial and unofficial fees shall not be
regarded, but the compeAsation of an office shall be ascertained, if the
office is salaried, by reference to the last preceding appropriation act, and
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314 THE AlfESICAX JOCRXAL OF INTEBNATIOITAI. LAW
if the office is not salaried, by reference to the retoms of official fees for
the last preceding fiscal year.
The examination hereinbefore provided for ahall be by a Board of
three persons designated by the Secretary of State who shall also pre-
scribe the subjects to which such examinations shall relate and the general
mode of conducting the same by the Board.
A vacancy in a consulate will be filled at discretion only when a suit-
able appointment can not be made in any of the modes indicated in the
second paragraph of this order.
Thbodosb Boobsvelt.
The White House,
November 10th, 1905.
BEOULATIONS GOTERKIKG CONSULAR APPOIKTICENTS AND PBOMOTIOKB.
Whereas, The Congress, by Section 1753 of the Bevised Statutes of
the United States has provided as follows : —
''The President is authorized to prescribe such regulations for
the admission of persons into the civil service of the United States
as may best promote the efficiency thereof, and ascertain the fitness
of each candidate in respect to age, health, character, knowledge,
and ability for the branch of service into which he seeks to enter;
and for this purpose he may employ suitable persons to conduct
such inquiries, and may prescribe their duties, and establish regu-
lations for the conduct of persons who may receive appointments in
the civil service."
And, whereas, the Congress has classified and graded the consuls-
general and consuls of the United States by the act entitled '^ An act to
provide for the reorganization of the consular service of the United
States," approved April 5, 1906, and has thereby made it practicable to
extend to that branch of the civil service the aforesaid provisions of the
Bevised Statutes and the principles embodied in the Civil Service Act
of January 16, 1883.
Now, therefore, in the exercise of the powers conferred upon him by
the Constitution and laws of the United States, the President makes the
following regulations to govern the selection of consuls general and
consuls in the civil service of the United States, subject always to the
advice and consent of the Senate : —
1. Vacancies in the office of consul-general and in the office of consul
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OFFICIAL DOCUMENTS 315
above class 8 shall be filled by promotion from the lower grades of the
consular service, based upon ability and eflSciency as shown in the service.
'2. Vacancies in the office of consul of class 8 and of consul of class 9
shall be filled:
(a) By promotion on the basis of ability and efficiency as shown in the
service, of consular clerks, and of vice consuls, deputy consuls, and
consular agents who shall have been appointed to such offices upon
ejcamination.
(&) By new appointments of candidates who have passed a satisfactory
examination for appointment as consul as hereafter provided.
3. Persons in the service of the Department of State with salaries of
two thousand dollars or upwards shall be eligible for promotion, on the
basis of ability and efficiency as shown in the service, to any grade of the
consular service above class 8 of consuls.
4. The Secretary of State, or such officer of the Department of State
as the President shall designate, the Chief of the Consular Bureau, and
the Chief Examiner of the Civil Service Commission, or some person
whom said Commission shall designate, shall constitute a Board of
Examiners for admission to the consular service.
5. It shall be the duty of the Board of Examiners to formulate rules
for and hold examinations of applicants for admission to the consular
service.
6. The scope and method of the examinations shall be determined by
the Board of Examiners, but among the subjects shall be included at
least one modem language other than English; the natural, industrial and
commercial resources and the commerce of the United States, especially
with reference to the possibilities of increasing and extending the trade
of tlie United States with foreign countries ; political economy ; elements
of international, commercial and maritime law.
7. Examination papers shall be rated on a scale of 100, and no person
rated at less than 80 shall be eligible for certification.
8. No one shall be examined who is under twenty-one or over fifty
years of age, or who is not a citizen of the United States, or who is not of
good character and habits and physically and mentally qualified for the
proper performance of consular work, or who has not been specially desig-
nated by the President for appointment to the consular service subject
to examination.
9. Whenever a vacancy shall occur in the eighth or ninth class of con-
suls which the President may deem it expedient to fill, the Secretary of
State shall inform the Board of Examiners, who shall certify to him the
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316 THE AMERICAN JODBNAI. OF INTBBNATIONAI. LAW
list of those persons eligible for appointment, accompanying the certificate
with a detailed report showing the qualifications^ as revealed by examina-
tion, of the persons so certified. If it be desired to fill a vacancy in*a
consulate in a country in which the United States exercises extra-terri-
torial jurisdiction, the Secretary of State shall so inform the Board of
Examiners, who shall include in the list of names certified by it only such
persons as have passed the examination provided for in this order, and
who also have passed an examination in the fundamental principles of
the common law, the rules of evidence and the trial of civil and criminal
cases. The list of names which the Board of Examiners shall certify
shall be sent to the President for his information*
10. No promotion shall be made except for efficiency, as shown by
the work that the officer has accomplished, the ability, promptness and
diligence displayed by him in the performance of all his official duties,
his conduct and his fitness for the consular service.
11. It shall be the duty of the Board of Examiners to formulate rules
for and hold examinations of persons designated for appointment as con-
sular clerk, and of such persons designated for appointment as vice
consul, deputy consul and consular agent, as shall desire to become
eligible for promotion. The scope and method of such examination shall
be determined by the Board of Examiners, but it shall include the same
subjects hereinbefore prescribed for the examination of consuls. Any
vice consul, deputy consul or consular agent now in the service, upon
passing such an examination shall become eligible for promotion, as if
appointed upon such examination.
12. In designations for appointment subject to examination and in
appointments after examination, due regard will be had to the rule, that
as between candidal of equal merit, appointments should be so made
as to secure proportional representation of all the States and Territories
in the consular service; and neither in the designation for examination or
certification or appointment will the political affiliations of the candidate
be considered*
Theodorb Boobbvelt.
The White House,
June £7tK 1906.
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UIFICIAI. DOCrMKXTS 3l7
Rules Governing the Oranting and Issuing of Passports in the United
States.
EXECUTIVE OBDEB.
1. By whom issued and refusal to issue. — No one but the Secretary
of State may grant aad issue passports in the United States (Revised
Statutes, Sections 4075, 4078,) and he is empowered to refuse them in
his discretion.
Passports are not issued by American diplomatic and consular officers
abroad, except in cases of emergency; and a citizen who is abroad and
desires to procure a passport must apply therefor through the nearest
diplomatic or consular officer to the Secretary of State.
Applications for passports by persons in Porto Rico or the Philippines
should be made to the Chief Executive of those Islands. The evidence
required of such applicants is the same as that required of applicants in
the United States.
2. Fee. — By act of Congress approved March 23, 1888, a fee of one
dollar is required to be collected for every citizen's passport. That
amount in currency or postal money order should accompany each applica-
tion made by a citizen of the United States. Orders should be made
payable to the Disbursing Clerk of the Department of State. Drafts or
checks will not be accepted.
3. Applications. — A person who is entitled to receive a passport,
if within the United States, must make a written application, in the
form of an affidavit, to the Secretary of State. The application must be
made by the person to whom the passport is to be issued and signed by
him, as it is not competent for one person to apply for another.
The affidavit must be attested by an officer authorized to administer
oaths, and if he has an official seal it must be affixed. If he has no seal,
his official character must be authenticated by certificate of the proper
legal officer.
If the applicant signs by mark, two attesting witnesses to his signature
are required. The applicant is required to state the date and place of his
birth, his occupation, the place of his permanent residence, to what coun-
try or countries he intends to travel and within what length of time he
will return to the United States with the purpose of residing and per-
forming the duties of citizenship.
The applicant must take the oath of allegiance to the Government of
the United States.
The application must be accompanied by a description of the person
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318 TilE AMERICAN JOURNAL OF INTERNATIONAL LAW
applying, and should state the following particulars, viz: Age, ;
stature, feet inches (English measure) ; forehead, ;
eyes, ; nose, ; mouth, ; chin, ; hair, ;
complexion, ; face, .
The application must be accompanied by a certificate from at least one
credible witness that the applicant is the person he represents himself to
be, and that the facts stated in the affidavit are true to the best of the
witness's knowledge and belief.
4. Native citizens, — An application containing the information indi-
cated by rule 3 will be sufficient evidence in the case of native citizens ;
but
A person of the Chinese race, alleging birth in the United States,
must accompany his application with supporting affidavits from at least
two credible witnesses, preferably not of the Chinese race, having personal
knowledge of the applicant's birth in the United States. The application
and supporting affidavits should be in duplicate and should be accom-
panied by three photographs of the applicant and should state at what
port he intends to reenter the United States.
5. A person bom abroad whose father was a native citizen of the United
States, — In addition to the statements required by rule 3, his applica-
tion must show that his father was bom in the United States, resided
therein, and was a citizen at the .time of the applicant's birth. The
Department may require that this affidavit be supported by that of jone
other citizen acquainted with the facts.
6. Naturalized citizens, — In addition to the statements required by
rule 3, a naturalized citizen must transmit his certificate of naturalization,
or a duly certified copy of the court record thereof, with his application.
It will be returned to him after inspection. He must state in his affi-
davit when and from what port he emigrated to this country, what ship
he Failed in, where he has lived since his arrival in the United States,
wlien and before what court he was naturalized, and that he is the
identical person described in the certificate of naturalization. The
signature to the application should conform in orthography to the appli-
cant's name as written in his certificate of naturalization, or an explana-
tion of the difference should be submitted.
7. Woman's application, — If she is unmarried, in addition to the
Ftatements required by rule 3, she should state that she has never been
married. If she is the wife or widow of a native citizen of the United
States the fact should be made to appear in her application. If she is
the wife or widow of a naturalized citizen, in addition to the statements
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OFFICIAL DOCUMENTS 319
required by rule 3, she must transmit for inspection her husband's certifi-
cate of naturalization, must state that she is the wife (or widow) of the
person described therein, and must set forth the facts of his emigration,
naturalization, and residence, as required in the rule governing the
application of a naturalized citizen.
(A married woman's citizenship follows that of her husband so far as
her international status is concerned. It is essential, therefore, that a
woman's marital relations be indicated in her application for a passport,
and that in the case of a married woman her husband's citizenship be
established.)
8. The child of a naturalized citizen claiming citizenship through the
naturalization of the parent. — In addition to the statements required
by rule 3, the applicant must state that he or she is the son or daughter,
as the case may be, of the person described in the certificate of naturaliza-
tion, which must be submitted for inspection, and must set forth the
facts of emigration, naturalization, and residence, as required in the rule
governing the application of a naturalized citizen.
9. A resident of an insular possession of the United States who owes
allegiance to the United States, — In addition to the statements re-
quired by rule 3, he must state that he owes allegiance to the United
States and that he does not acknowledge allegiance to any other govern-
ment; and must submit affidavits from at least two credible witnesses
having good means of knowledge in substantiation of his statements of
birth, residence and loyalty.
10. Expiration of passport, — A passport expires two years from the
date of its issuance. A new one will be issued upon a new application,
and, if the applicant be a naturalized citizen, the old passport will be
accepted in lieu of a certificate of naturalization, if the application upon
which it was issued is found to contain sufficient information as to the
naturalization of the applicant.
11. Wife, minor children, and servants, — When the applicant is
accompanied by his wife, minor children, or servant who would be
entitled to receive a passport, it will be sufficient to state the fact, giving
the respective ages of the children and the allegiance of the servant,
when one passport will suffice for all. For any other person in the party
a separate passport will be required. A woman's passport may include
her minor children and servant unOer the above-named conditions.
(The term servant does not include a governess, tutor, pupil, com-
panion, or person holding like rtiations to the applicant for a passport.)
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320 THE AMERICAN JOURNAL OP INTERNATIONAL LAW
12. Titles. — Profesfiional and other titles will not be inserted in
passports.
13. Blank forms of application. — They will be furaished by the
Department to persons who desire to apply for passports, but are not
furnished, except as samples, to those who make a business of procuring
passports.
14. Address. — Communications should be addressed to the Depart-
ment of State, Bureau of Citizenship, and each communication should
give the post-office address of the person to whom the answer is to be
directed.
Section 4075 of the Bevised Statutes of the United States, as amended
by the act of Congress, approved June 14, 1902, providing that "the
Secretary of State may grant and issue passports, and cause passports to
be granted, issued and verified in foreign countries by such diplomatic
or consular officers of the United States, and by such chief or other
executive officer of the insular possessions of the United States, and under
such rules as the President shall designate and prescribe for and on
behalf of the United States ", the foregoing rules are hereby prescribed
for the granting and issuing of Passports in the United States.
The Secretary of State is authorized to make regulations on the sub-
ject of issuing and granting passports additional to these rules and not
inconsistent with them.
Thsodorr BoossysLT.
The White House,
June IS, 1907.
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LIST OF CONSULAR OFFICERS OF THE UNITED STATES
CORRECTED TO JULY 23, 1907.
I certify that the accompanying list of conBular officers of the United States is true and
correct up to and including July d8, 1907.
Charles Ray Dbak,
CHtfy Bureau of AppaiiUmefUi*
July, 1907, DepcvrtmerU of State.
consulsobnsral at large.
Name.
Where
Whence
appointed.
Date of
commission.
Salary.
CharlmM. Dicknisoa...
Richard M. BarUeman. .
Horace Lee Washinctoa
George H. Murphy
Fleming D. Cheshire
N.Y
Mass.
D. C.
N.C.
N.Y
N.Y
Mass,
D.C.
N.C.
N.Y
*May Z4, 1906
*May Z4. 1906
*May 18. Z906
•May 23, X906
*May 34. Z906
5,000
5,000
5,000
5.000
ABYSSINIA-AUSTRIA-HUNGARY.
Place.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
commission.
Salary.
Fees, year
ending
June 30,
E906.
ABTSSIHIA
Adis Ahaba
C. 0.
$3,500
4.S00
ARGENTINE REPUBLIC.
Baenos Aires
Alban G. Snyder C. G.
W. Va. .
N.Y....
Me
Ohio. . . .
N.Y....
Mass....
W. Va. .
N.Y....
Argen.. .
Ohio. . . .
N.J
Mass....
Me
June 22. 1906
Jan. 5. 1907
May 24. 1892
June 30, 1905
April 2. 1906
May z 4. 1904
Aug. xo. 1906
Do
Otto Hollendcr. . . V. & D. C. G.
Bahia Blanca
Walter T. Jones Agt.
Thomas B. Van Hornet C.
Latham HaU V. & D. C.
Frank Dyer Chester C. G.
Frank E. Mallett . . . V. & D. C. G .
Agt.
9.500
IS.94
Rosario
Do
AUSTRIA-HUNGART.
Budapest. Hungary
3.500
Do
Piume
1,0x4.50
Carbhad, AustrU
John S. Twells C.
Sigmund Freund (n) . .V. & D. C.
Pa
Austria .
Pa
N.Y. ...
June 22, X906
June 30, X906
3,000
Do
• Commission to take effect July i. 1906.
t Appointed after examination under Executive order of September so. z89S.
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822 THE AMERICAN JOURNAL OF INTERNATIONAL LAW.
AUSTRIA-HUNGARY-BRAZIL.
Place.
Name and title.
Where
born.
Whence
ap-
pointed.
Date of
commission.
Salary.
Pees, year
ending
June 50.
1906.
Pnguc, Austria
Do
Reichenberg, Austria.
Do
Haida
Trieste, Austria
Do
Do
Vienna, Austria
Do
Brunn
BBLOIUM.
Antwerp.
Do..
Do..
Brussels.
Do..
Do..
Ghent. . .
Do..
Uege....
Do..
Joseph I. Brittain C
Arnold Wci88bergcr(n).V.& D. C
Charles B. Harris C
Arthur S. Cheney ... V. & D. C
Frank Siller (n) A«t
George M. HotscUck (n) « C
Orestes De Martini. .V. ft D. C,
Vincent Bures D. C,
WilHam A. RublM C. G
Rob.W.Heingartner. V. &D.C. G
Alfred W. Donegan Agt
Henry W. Diederich. C. G.
Harry Tuck Sherman, V.ftD.C.G .
Stanislas H. Haine D. C. G.
Bthf Ibart Watts C. G.
Gregory Phelan V. ft D. C. G.
Paul Magny D. C. G.
WilHam P. Atwell C.
Julius A. Van Heed. . . V. ft D. C.
Henry Albert Johnson C .
John Gross V. ft D. C.
Pa
Austria
Ind. . . .
Ill
Russia.
N.Y...
Austria
Wis....
Ohio. . .
Ala....
Pa
Me
Belgium
Pa
Cal
Ohio. . .
Ind. . . .
D. C...
Lux. . . .
BRAZIL.
Do
Para
Do
Do
Manaos.
Maranhao
Pemambuco
Do
Ceara
Maceio
Natal
Rio de Janeiro
Do
Do
Victoria
Santos
Do
Do
Bio Grande do S\il .
SaoPaulu
Albert R. Morawetz C.
Samuel J, Flake V. ft D. C.
George H. Pickerell C .
Julius F. Tiedeman . . . V. ft D. C.
William R. Cox D. C.
John H. Hamilton Agt.
Joaquim B. do Prado Agt.
George A. Chamberlaini C.
Enrique Bachillercs. V. ft D. C.
Antonio E. da Frota Agt.
Walter I. Neafie Agt.
Henry J. Green Agt.
George E. Anderson C. G .
Lilboum C. Irvine V. C. G .
Joseph J. Slcchta D. C. G .
Jean Zinzen Agt.
C.
Md
N. C. ...
Ohio
Iowa. . . .
England
Cal
BrazO..
Brazil. . .
Argen.. .
Brazil. . .
N. Y....
N. Y....
ni
Md
Wis
Belgium
Ohio. . .
N.Y...
Ind. . . .
Conn
Wis. . . .
Wis. . . .
N.Y...
Austria
Wis
Ohio. . .
Ala. . . .
D. C. ...
Me
Belgium
Pa
Cal
Belgium
D. C...
Iowa. . . .
D. C. ...
Belgium
Ariz . . .
Miss . . .
Ohio. . .
Florida
Brazil..
NY...
Brazil..
N.J...
Brazil..
Brazil..
N.J...
N.Y...
lU
Md....
S. Dak.
Brazil..
Mar. 30.
Jan. 17.
Mar. 30.
Nov. 27,
July 8.
Feb. a,
May 33,
May 23,
Mar. a6,
Feb. 27,
May 10.
June 82,
May 10,
May 10.
April 25,
June 21,
Aug. 10.
June 23,
Feb. 1,
Mar. 30,
Sept. 2 3,
Feb. T3.
April 2.
May 99,
Aug. 19,
May s.
Oct. 2.
Jan. 14.
June a2.
May 94,
June 17.
Nov. 14,
April 4*
Feb. 13.
Aug. 13,
Aug. 13.
Mar. 29,
1907
1003
1907
7906
1898
1906
1907
1907
1903
1907
1 90s
X906
1907
X907
1907
190S
X906
X906
1900
1907
1893
1906
1907
X906
1902
1906
1905
1903
X906
1902
1897
X905
X904
X906
X906
1906
1890
William H. Lawrence V. C.
James C.McU D. C.
Jorge Vereker Agt .
Albert J. Byington Agt.
lU
Ga
Brazil..
NY...
Ill
Ga
Braza.
Kans.
Mar. XI,
Nov. 5,
Aug. 38,
April xo.
X90X
X906
1897
X907
$3,500
$1,944.50
6,000
9.896.50
S.soo
S.soo
3.000
3.000
4,000
4,000
^875.50
97.00
X5X.50
t 103. so
t23.se
8,000
31a. SO
4,000
X48.00
* Appointed after examination under Executive order of November xo, 1905.
t Incomplete returns.
I Bom of American parents residing abroad.
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LIST OF OOKSULAB 0FFI0SB8.
CHILE^CHINA.
sas
Place.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
commission.
Salary.
Fees, year
«*«rfwg
June 30.
1906.
CHILE.
iQuiaiie
C.
Sa.ooo
Do
Edward E. Muecke V. C.
Samuel C. Greene Agt.
Alfred A. Winttow C.
Stuart K. Lupton. . . V. & D. C.
Alexander M. Cross Agt.
Andrew Kerr Agt.
Agt.
Cal
Chile . . .
England
Ind
N.Y....
England
Scotland
Oreg....
Chile . . .
Chile . . .
Ind
Tenn . . .
Chile....
ChUe....
Oct. 8, 1900
June 4. 1907
June 30, i9o€
June a a. 190^
Sept. ai. 1906
July 8, 1907
Sept. a6. 1898
Antofagasta
4.500
•773 -39
563.00
Arica
Valparaiso
Do
Caldera
CoQuimbo
*3a7.50
*57a 38
♦93.77
♦167.50
*47-50
Coronel
Punta Arenas
MoriU Braun Agt.
Joseph O. Smith Agt.
Robert N. Williams Agt.
Harry L. Paddockt C.
Russia. .
R. I....
Mich....
Cal
HI
China...
Vt
India. . .
India. . .
China.. .
N.Y....
China...
Ind
China. . .
Chile....
Chile....
Cal
Cal
Cal
China.. .
N. Y....
Cal
Cal
China.. .
Mass....
U.S....
Ohio. . . .
U.S....
Jan. 6. 1896
Sept. a7. 189s
Nov. 16. 1904
Feb. a8. X906
May X9. 1906
April 39. 1898
May 85. X906
Oct. 8. 1906
Dec. a a. X904
Dec. ao. X904
Feb. 9. X904
Oct. X9. 1904
July X. X907
Oct. X. X896
4.500
Valdivia
CHIIIA.
AmoT
Do
Rea Hanna V. & D. C.
Do
LiUngBing Int.
x.ooo
5.500
Canton
L«> Allen Bergholx CO.
Hubert G. Baugh(n). V.&D.C.G.
Hubert G. Baugh (n). .Stud. Int.
Taang Chue Sun Int.
John Fowler C. 6.
Henry A. C Emery t. V.ftD.C.G.
Risher W. Thomberry Mar.
Henry A. C. Emeryt Int.
Agt.
Do
Do
x.ooo
x.ooo
4.500
Do
Cbefoo
Do
Do
x.ooo
X.500
Do
Tsinanftt
Cbungkinc
Mason Mitchen C.
SamiMl L. Oracey ....:..C.
Edward C. Bakert. .V. & D. C.
Thomas Ling Int
N. Y....
Pa
China. . .
China. . .
England
Iowa
Iowa
Oreg
N.Y....
N.Y....
Mass....
Cal
China...
N.Y....
Iowa. . . .
Iowa
Oreg
N.Y....
Wash...
Mass....
Wash...
Pa
Sept. 8. X90S
April 5. 1897
May 5. >9o6
Sept. x6. 1898
Feb. 3. 1905
Sept. 18, 1 90s
Mar. 37. 1907
June aa, 1906
June a a, X906
Sept. 14, X906
May 39. 1907
Mar. ao. X907
Mar. 30, 1907
3.SOO
4.500
Foochow
Do
Do
x.ooo
4.500
Hankow
William Martin (n) CO.
Wniard B. Hull. . .V. & D. C. G.
WUlardB.Hull Int.
F^edD. Fisher C.
Do
Do
1.500
4.000
4.500
HarUn
Mukden
Winard D. Straight C,G.
Charies J. AmeU V. C. G .
George Marvin D.C.G.
Charles J. Amdl Int
Do
Do
Do
1.500
4.000
Hanking
JamM C. McHally (n) C.
V. &D. C.
England
Do
Do
Kao Luen King Int .
Thomas B. Hoenan CO.
Albert W. Pontius. . V. & D. C.G.
Albert W. Pontius Int.
Chartot Denbyi C. G.
W. Porter Boyd. . . V. & D. C. G.
W. Roderick Doraey. . .D. C. G.
China...
Pa
Minn....
Minn....
Ind
Mo
Md
China.. .
Minn....
Mhm. . . .
Minn....
Ind
Mo
Md
Dec. aa, X906
Mar. 30. X907
Dec. 99, X906
May X, X907
April X5. X907
Feb. xo, X906
Jan. X4. 1907
x.ooo
4.500
Mewchwang
Do
Do
X.500
8.000
Shanghai
Do
Do
* Inoomfdete returns.
t Appointed after examination under Executive order of November zo, 1905.
tBom of American parents residing abroad.
I Appointed under Executive order of Jvatt 97, ige6.
Digitized by
Google
324
THB AMEBIOAN JOCBNAL OF IKTBlUrATIONAL LAW.
CHINA-CUBA.
Plac«.
Nune aad title.
Where
born.
Whence
ap-
pointed.
Date of
commission.
Salary.
Pees, yeai
ending
June 30.
1906.
Do..
Do..
Do..
Do..
Tientsin .
Do..
Do..
Do..
COLOMBIA.
Barranquilla ....
Do
SanU Marta . .
Boffota
Do
Bucaramanga.
Cali
Cucuta
Honda
Cartagena
Do
Quibdo
Qarence E. Gauss D. C. G.
Frederick D. Cloud. . .Stud. Int.
George H. Butler Stud. Int.
Stephen P. Barchet (n) Int.
James W. Ragsdale CO.
Alden Ames. . . . .V. ft D. C. G.
Charles L. L. Williams. Stud. Int.
Int.
D. C...
Ind. . . .
Me
Ger....
Ind. . . .
Cal....
Ohio. . .
Conn..
Iowa. .
N.Y..
Md...
Cal...
Cal...
Ohio. .
June 7, igo7
Aug. 7. 1902
April 10. 1905
Dec. a. 1808
Feb. a, 1903
May 14. 1907
Mar. 17. 1903
I
$1 , 000
1 ,000
1 .600
5 . Soo
Pierre Paul Demers (n) C .
Charles P. Yeatman. .V. ft D. C.
William A. Trout Agt.
Jay White CO.
V.C.G.
Canada
Ohio. . .
Ill
Mich. . .
N. H.
Tenn.
Ind. .
Mich. ,
Nov. 25, 1Q05
Nov. 97, T906
Aug. 10. 1900
June sa. 1906
1,000
1. 000
3. soo
3. soo
♦$836.00
COSTA RICA.
Port Umon
Do
San Jos/.
Do
Punta Arenas .
CUBA.
Cienfuegos
Do
Caibarien
Nuevitas
Sagua la Grande.
Hahana
Do
Cardenas ,
Matanzas
Santiago de Cuba . . ,
Do
Antilla
Baracoa
Manzanillo
Gustave Volkman Agt .
Henry J. Ederf Agt.
Philip Tilltnghast. jr Agt.
John Owen Agt.
Isaac A. Mwnningt C.
WiUiam B. MacMasterf. . . . V. C .
Henry G. Granger Agt.
Chester Donaldson C.
Henry O. Easton V. ft D. C.
John C CaldweU C
Charles S. CaldweU V. C.
Leon A. Marquez Agt.
Max J. Baehr (n) C.
Buenaventura Carbo.V. ft D. C.
P. B. Anderson (n) Agt.
John F. Hanson Agt.
John F. Jova (n) Agt.
James Unn Rodgara CO.
Joseph A. Springer, V. ft D. C. G
Ger. . . .
Colom .
Wales.,
Ind. . .
Colom ,
Pa
Colom .
N. Y. . .
Wash..
Colom .
Oreg. ..
N. Y...
Pa
N. Y....
Pa
Vt
Me
Trinidad
N. Y..
Pa....
Kaas.
Kaas.
C. R..
Ger
Nebr....
Cuba....
N.Y....
Sweden .
Pa
N.Y....
N.Y....
Cuba....
N. Y....
Ohio. . . .
Ohio. . . .
Me
Me
.Agt.
Alfred Heydrich (n) Agt,
Roee E. Holaday C.
Henry M. Wolcott . . .V. ft D. C.
George Bayliss (n) Agt.
Arthur Field Lindley Agt.
Francis B. Bertot (n) Agt.
Aug. aa, 1895
Oct. 7. xQoa
Jan. zi, 1897
July a8, X903
Mar. 30. 1907
July x6, Z904
Feb. ZI. 1899
Nov. 95. 1905
Sept. 30, 1905
July 9, 1897
Oct. ao, 1899
April 7. 1904
June 6. Z9oa
April a, Z007
June 9, 1903
Dec. aa. Z904
May 0. 1903
April Z5, X907
June 33. zgoa
17.50
a6.oo
a. 00
7.50
3.000
565. o«
4. soo
8.000
6*5 so
704 SO
741 $0
Cuba....
Ohio
Vt
England
N. Y....
Cuba....
N. Y.
Ohio.,
N. Y.
Cal..
N.Y.
N. Y.
July aa. 1905
June 6, zgoa
June 9. 1906
Jan. 39, 1907
Dec. 3. Z904
Mar. z6. 1905
z. 436. 61
X. 450. SO
I, 01 a. 00
774 SO
663.00
* Incomplete returns.
t Bom of American parents residing abroad.
t Appointed after examination under Executive order of June »7, ipod
Digitized by
Google
LIST OF CONSULAR UJi B'lCid&S.
DENMARK AND DOMINIONS-FRANCS AND DOMINIONS.
3^5
Place.
Name aad title.
born.
Whence
ap-
pointed.
Date of
commiksion.
Salary.
Fees, you
ending
June 30,
1906.
DENMARK AND DO-
MUnONS.
Croix
Copenhacea
Do
Do
8t. Thomas, W.I. .
Do
Christiansted, St.
Island.
Predericksted, St. Croix
Island.
St. Eustatius
DOMimCAH REPUBLIC,
Frank R. Mowrer CO.
Victor Jahler. . . . V. A D. C. G. .
Axel Permin D. C. G.
Chflitopher H. Payne* C.
Anders E. Schrdfter V. C.
Andrew J. Blackwood A«t.
Robert L. Merwin Agt.
J. G. C. Every Agt.
Ohio.
Va...
Denr..
Me...
N.Y.
Ohio...
Ohio. . .
Den
W. Va.
W. I. . .
W. I. . .
Conn. . . .
St. Eus.
PMrCior Plata
Do
Monte Christ! .
Samana
Santo Domingo. .
Do
Azua
Macoris
Sancfaex
WIIHaffl H. Gate, t C
Arthur W. Lithgow V. C
Isaac T. Petit Agt
Prederico Lample Agt
Fsnton R. McCivery ||C. 6 .
Juan A. Reads V. C. G
John Hardy Agt
Edward C. Reed Agt
Agt
ECUADOR.
Soayquil
Do
Bahia Ce Caraquea.
Bsmeraldas
Manta
FRANCE AND DOMIN-
Algiers, Algeria.
Do
Do
Bone
Oran
Tunis. Tunjs.
Herman R. IMelrich CO.
Robert B. Jones (n) V. C. G.
Alberto Santos Agt.
Ren6 Dumarest (n) Agt.
Paul Gonsenbach (n) Agt .
Johnston (n) C.
Louis L. Legembre. .V. St D. C.
Thomas M. MacGeagh D. C.
George S. Buigess Agt.
Albert H. Elford Agt.
.Auffuste J. Proux Agt.
N.Y...
Mass...
St. Tho
Cuba. . .
Mich. . .
D.R...
U.S...
S.C
Va
Mass...
D.R...
D.R...
Mich...
U.S...
Mass...
D.R...
June 24, 1Q07
June 30, X906
Feb. 14, 1907
May I. 1Q03
Sept. 30, iQoa
Jan. 31. x8q3
April 19, 1901
Sept. 34. 1 891
July 16. 1906
April 8. 1899
May a?. 189s
Oct. a6, 1904
Jan. 10, 1907
June I a, 1903
Aug. IX. 1885
Dec. a7. 1894
$3,000
Mo
Canada .
Ecuador
France. .
Swits . . .
Mo
N.J....
Ecuador
N. Y....
N. Y....
England N. J. . .
Algeria.. Algeria.
Ireland .
Scotland
Prance .
Algeria.
Algeria.
Algeria.
Ttmfs..
April a, 1903
June a, 190a
Sept. 10, 1900
Mar. a7, 1905
Mar. 5, X9oa
Feb. a, 1905
May 31. 1899
Oct. 8. X904
April 5, X907
Nov. 7, X906
Dec. 6, X906
t$6o.so
447.00
61.96
a. 500
179- 00
•«45.SO
54300
Q»X . 00
64s. »o
440.00
SO3.OO
•40.50
ss. 00
33J.0O
96.00
^'Appointed after examination under Executive order of September ao. X898.
t Incomplete returns.
t Appointed after examination under Executive order of November xoi x>909.
11 The Consul-General is also Minister Resident.
i Bom of American parents residing abroad.
Digitized by
Google
39A
THB AMEBIOAN JOUBNAL OF INTERNATIONAL LAW.
PRANCB AND DOMINIONS.
Place.
BordMiu
Do
Biarritz
Calais
Do
Boulogne-sur-mer. . .
O or ^ Dakar, Senegal .
Grenoble
Di
Guadeloupe, W. I
Do
Havre
Do
Cherbourg
Honfleur
St. Malo . .
La Rochelle
Do
Cognac
Limoges
Do
Lyons
Do
Dijon
Marseilles
Di
D)
Bastia, Corsica
Cette
Toulon
Martinique, W. I
Do
Hantes
D)
Angers
Brest
Bice
D)
Cannes
Mentonc
Paris
Do
Do
Do
Do
Do
Dominic I. Murphy C.
John Douglas Wise. .V. & D. C.
Frederic E. Gilbert Agt.
James B. MUner* C.
Henry L. A. Lunings. .V. & D.C.
William Whitman Agt.
C.
Charles P. H. Hason* C .
Thomas W. Murton. .V. & D. C.
C.
Do.
Name and title.
Pa
Pa
N. Y....
Ind
France. .
England
Joseph O. Florandin. .V. & D. C.
Alphonse Oaulin C .
John Preston Beecher. V. ft D. C.
Octave Canuet Agt .
John N. Bourke Agt.
Raymond Moulton Agt .
George H. Jackson C .
Oscar Dahl V. ft D. C.
Elisee Jouard (n) Agt.
Eugene L. BeHslet (n) C .
Charles Roy Nasmith V. C.
John C. Covert* C .
Thomas Nicoll Browne, V.&.D.C .
Nicholas Chapuis Agt .
Robert P. Skinner C. G .
Paul H. Cram V. C. G.
Allan Macfarlane D. C. G .
Simon Damiani (n) Agt.
Cari D. Hagelin Agt.
Benjamin A. Jouve Agt.
Chester W. Martin C.
Jacques D. Schnegg. .V. & D. C.
Louis Goklschmidt (n) C .
Hiram D. Bennett V. C.
Leon Ponsolle Agt .
A. Pitcl Agt.
William Dulany Hunter C .
AtUHo Piatti. V. & D. C.
Jean Baptiste Cognet Agt .
Achille Isnard Agt .
Frank H. Mason C. G .
Dean B. Mason. . . . V. & D. C. G .
Hanson C. Coxe D. C. G.
Milton B. Kirk D. C. G .
Dean B. Mason C. C.
Milton B. Kirk C. C
J. Martin Miller C
August Douce V. ft D. C.
Where
bom.
D. C. . .
Va
N.y...
Ind....
France.
France.
Mass. . . .
England
St. Bart.
R. I...
N. Y....
France. .
England
N. Y....
Mass....
Norway .
France. .
Canada. .
NY....
N.Y....
Conn
France. .
Ohio
Me
England
Corsica. .
Sweden .
France. .
Mich....
France. .
Gcr
N. Y....
France. .
France. .
D.C...
N. Y....
France. .
France. .
Ohio.
Ohio.
Md..
111...
Ohio.
111...
Va...
France
Whence
ap-
ixrinted.
May »3. 1905
April 5. 1907
May I. 1905
Mar. I, 1898
July 30, 1903
Oct. 31. 1903
Pa
France.
July s. 190X
Jan. 84, 1903
Guad. .
R. I..
N. Y..
France
France
N. Y..
Conn..
France
N.Y..,
Mass..
N. Y..
Ohio. .
N. Y..
N. Y..
Ohio. .
Me
France
U.S..
France
France
Mich..
Mart..
N. H..
France
France
France
Minn..
N. Y..
France
France
Ohio.
Ohio.
N.Y.
lU...
Ohio.
III...
N.J.
France
Date of
commission.
Oct. II,
Mar. 8,
Sept. S3.
Mar. 16,
June 6,
Jnly 14.
tMayss.
April 18,
Feb. II.
April 3.
April 33,
Jtily 17.
Sept. 6.
July xo,
April 9,
April 7,
Feb. 6.
Dec. 30,
Dec. 30,
Nov. 6.
June 33,
June 13,
Oct. 13.
Dec. 33.
Aug. 3,
Jan. 10.
Mar. 30,
Feb. 30,
Mar. 13.
Nov. 3.
Mar. 8,
July 7.
July 18.
May 38,
June 8,
Mar. 30.
Nov. 6.
Dec. 15.
190 X
X905
X899
1907
1906
1880
1898
1903
1899
1906
1907
1897
X893
1906
190X
1905
1903
z886
190Z
1899
1906
1903
1904
i88s
1904
1884
1907
X906
190 X
1898
1905
1906
X904
1907
1899
1907
1905
1903
Salary.
$4,000
3.000
Pees, year
ending
June 30,
X906.
$1500
390.50
9.000,
3,uOO
3, 000
S.OOO
387.50
405.50
67.50
K. 998.50
5.000 .
1,570.00
S.soo
47 50
I. 381. 50
4aa 50
3.500
3.000
591.50
I587.50
I,300
.Z,000
9.500
1.365 50
54 50
* Appointed after examination xmder Executive order of September 30, 1895.
t Commission to take effect July i, 1896.
t Appointed after examination under Bxecutive order of November 10, 190s*
I Incomplete returns.
Digitized by
Google
U8T OF 00N8ULAK OFFICERS.
PRANCB AND DOMINIONS-GERMAN EMPIRE.
3ST
Place.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
Salary.
Pees. 3rear
endioff
June 30,
1906.
Sovbaiz. . .
Do....
Do....
Caudry. .
Dunkirk.
Lille....
Do
Amiens
Dieppe
Saigon, Cochin CUna
Do
8t. Btiaane
Do
8t. FIcrrt. St. Plarra Island.
Do
TaUti, Sodaty Islands. . . .
Do
Tamatava, Madacascar. . .
Do
Chapman Coleman
Gaston Thiery
Alfred C. Harrison
Hans Dtetiker
Benjamin Morel
Christopher J. King
Oscar Malmros (n)
E. M. J. DcUepianc
Charles Tassencourt
Matthew H. Morgan
C.
..V. C.
. .D. C.
...Agt.
...Agt.
...Agt.
C.
..V. C.
...Agt.
...Agt.
C.
Ky
Belgium
England
Swits . . .
Prance. .
R. I....
Ger
Cal
Prance. .
N. Y....
Ky....
Prance.
Prance.
Prance.
France.
R.I...
Minn. . .
Cal....
Prance.
N. Y...
June a a.
Aug. II.
Aug. II,
June 36,
July 25,
Mar. 15,
Mar. 8.
April 14.
Jan. 8.
April a6.
1906
1899
1899
1891
1883
190a
1905
1893
1904
1907
Louis Ren^ Gage . . .
William H. Hunt . . . ,
Hastings Burroughs .
...V. C.
C.
. & D. C.
C.
Prance.
Ten ..
Ireland
C. China.
N. Y....
Prance. .
June 30,
Nov. I.
Sept. 39.
1906
1906
1899
OBRMAH BMPntB.
Aiz]aChapella,PniaBia. .
Do
Annabarx, Sazony
Do
Apia, Samoa
Do
Bambarx, Bavaria
Do
Bannen, Prussia
Do
Baffin, Prussia
Do
; Do
Do
Do
Do
Sorau. Prussia
jsrainan •
Do
Brake, Oldenburg
Bremerhaven, Bremen
Braslau, Prussia
Do
oswl
Do.
Louis Jourdan V. C .
JuHus D. Dreher* C.
J. Lamb Doty V. & D. C.
Jamea O. Carter C.
Oscar d'B. de Charmoy V. C.
Pendleton King C.
William J. Reuters. . . V. ft D. C.
George H. lift C.
Franz M. Jaeger V. ft D. C.
George Hsimrod (n) C.
C. E. Parkhouse V. C.
Wiffiam Bardel (n) C.
Edmund Bing V. ft D. C.
George Eugene Eager* C.
WiUiam W. Brunswick.V.ft D.C.
Alexander M. Thackara C. G.
Frederic W. Cauldwell. V. ft D.
C. G.
Frederick von Versen (n). D.C.G.
John W. Dye D. C. G.
Frederic W. Cauldwell C. C.
John W. Dye C. C.
William B. Murphy Agt.
WiUiam T. Fee C.
Fredk. Hoyermann (n). V.ft D.C.
Wilhelm Qemens Agt.
John H. Schnabel Agt.
Herman L. Qpahr* C .
Richard Wackerow V. C.
Talbot J. Albartt C.
Julius Seckel V. ft D. C.
St. Pierre
S. C.
N. Y.
Ga...
Mauri
St. Pierre
S. C
N. Y....
Ga
Mad....
N. C. .
Ger.. .
Pa. . . .
Ger...
Ger...
Ger..
Ger..
Mass.
N. Y.
Pa...
N. Y.
N. C. ..
Ger
Idaho..
Ger. . . .
Nebr. . .
Samoa.
N. Y...
Ger....
Ill
Kans ..
Pa
D. C. . .
Sept. 36.
Aug. a,
Sept. 14.
Nov. I,
July 13.
Dec. 19.
Sept. 9.
June 33,
J\ily 31,
June 33,
June 30,
Dec. 16,
Mar. 9,
Mar. 39,
April 34,
Mar. 13.
Jan. 38,
1906
1906
1904
1906
1 90s
1905
1901
1906
1898
1906
1906
1908
1906
1906
1907
190s
1907
Ger
Minn....
N. Y....
Minn. . . .
N. C...
Ohio. . . .
Ger,
Ger
Ger,
Ga.
Ger
Md.
Ger
Md....
Minn. . .
D.C...
Minn. . .
N.C. ..
Ohio...
m
Ger
Ger....
S. C...
Ger....
Md....
Ger....
Dec.
Dec.
Mar.
July
Aug.
June
Aug.
Nov.
June
June
Mar.
Oct.
Sept.
5. X894
18. 1906
30. 1903
81. 1906
3. 1896
33. 1906
as. 1904
13. i88s
6. 189S
30, 1906
37. 1903
13, X897
8,1893
Sd.soo
$3iS-oo
338.50
1,470.00
I03.00
308.00
3,500
3,500
3»ooo
3.000
3.500
3,SOO
3.SOO
8,000
1,000
x,ooo
5. 000
s.ao3.50
a.Soo
73«.oo
X. 9*0. so
a.Soo
* Appointed after examination under Executive order of November xo. X905.
t Appdntod after ezaxnination under Bxacutive order of September so. x89S.
Digitized by
Google
3i%
THE AMBBIOUI JOUSNAL Of UTTERS ATIONAL LAW.
GERMAN BMPIftB.
Pl*ee.
Do.
Coburg.
San- Cthmg-
Do.
H« Hoftoo C .
Frederick J. DietzinAn.V.ft D.C.
Fnuok THUimlum C. 6.
Matthew C. DiUiogham, V. ft D.
C. G.
Sa3ce-M«in
Soxmebeis.
ingen
GologMpPninla...
Do
Grefald.PniMbi....
Do
Drndeo, Smmt. . •
Do
Do
Dted4offf. Prunla.
Do
Klbwutndu Saxony
Do
FlraAkfort'Kin-Maiiit Pnas-
ria.
Do
Do
Caaad. Prussia
Laagen Schwa&bach,
Prussia. .
Wieabadaok Piussm
Irtibttii, Bidaa
Do
Qlanchan, Saxony
Do
Hambnrc
Do
Do
Cuzhaven
Kid. Prussia
lAlbeck
Baoovar, ftiiaria
Do
KahUBadaa
Do
Ui9d% Saxony
Do
Do
Qa(Ba» Rooaa Schlate. . .
Mw l rtu q; . Pnwna
Do
Do.
i and title.
Ernst C. Meyer Agt
Hiraoi J. Dunlap C
Charles Lestmple V. ft D.C
Joseph E. Haven C
W. Bruce WaUace. ... V. ft D. C
T. St. John Oaffaey (n) C. G
Alfred C. Johnson V. C. G.
Ulysses J. Bywater* D. C. G
(n) C
V. ft D.C.
WUKMi C. Taicbmannt €.
Emil Schmidt V. ft D. C
BiahardGoeatiMf (n> CO
Charles A. Risdorf. V. ft D. C. G .
Simon W. Hanauer (n) . D. C. G .
Gustav C. Kothe (n) Agt.
" A«t.
Wis
lU
Ger
Ill
Iowa. . . .
Pa
England
Ger
Mo.
Ger.
Ger.
John B. Bcswer (n) Agt.
B. ThMphUtis.U«feMt C.
V. ft D.C.
A. BuckMn, jr.t C.
JohttA. MerWe V. C.
Hugh Pttcairs (n) C.G.
£. H. L.Mummenhoff.V.ftD.C.G.
Otto W. Hellmrich D. C. G.
Johaoa G. P. Starke Agt.
Paul H. J. Sartori Agt.
Wolfgang Gaedestz Agt .
Robart J. Thonitsont C
Henry J. Fuller V. ft D. C.
.^li&Mi J. Plica C.
Ralph P. Knager V. ft D.C.
Southard P. Wanar G.
Fndarick Nachod. . . . V. ft D. C.
Rud»lph Ppcke D.C.
Chariaa Neuet (a) Agt.
FnmkS, BaaiMikt .G .
L.A.Bu«BeU..V. ftDiC.
Bok««S. S. Baciii (n) C.
Walteff Haustaff V. ft IX C.
Where
bom.
N. Y..
Mass..
Ohio.
Mass.
Vt.
Whence
ai>-
pointed.
Cal.
Cal.
Ireland . N. Y. .
Wis. .
lU...
Ger..
III...
Iowa.
Ohio. . .
Ger
Ger
Ger
Conn
Mo
Wash...
Scotland
England
Ger
Ger
Ger
Ger
Iowa
England
Pa
Ger
D.C...
Ger
Ger
Ger
Mo
Pa
Norwayr.
Ger..
Pa...
Mass.
Ind. .
Nov. 6.
Mar. 17,
April 39,
Mar. 30,
Dec. 5.
Mar. 14,
Oct 7.
Oct. X.
Nov. 20,
Mo.,
Ger.
Was.
N. Y..
Pa. . . .
Kans.
N. Y...
Cona. . .
OkU...
OkU...
Pa
Ger....
Get
Ger....
Ger..,.
Ger....
lU
Ger
Pa. ... .
Ger....
tfd....
Gar....
Ger
N.Y...
m
Md. ...
».Dak
Gee.. ..
Dauof
commission.
Jxdy as, 1906
Nov. a8, 1900
Jan. 4. >9o6
Sept. I a. 1906
1905
1905
1901
1907
1903
190S
1898,
1906
1899
Jime 38. X906
Juaa 30, X906
Nov. tx. X898
Sept. X3. X905
Dec. X. 1900
Mar. 15. 1B94
Aug, a6, X901
Nov. 3, X897
July 16,
J«a» 4.
Feb. ta.
Mar. 18,
ir. 18,
Juaa 13.
Jaa. 3.
Mar. 33.
Juaa ag,
Juaa 30.
Mar. 30,
Apcflxx.
Aug, 9.
*l« 3.
Nov. 17,
Dae. so,
JuLy 31*
Dae 6»
Mar. 30.
Dae. so.
X906
1907
X903
X903
X903
xSgo
1890
X903
1906
X905
X907
X907
1904
X884.
1893
1904 ..
X904 .
1007
I
Salary.
•3.500
4.S00
3.S00
a.joo
4.S00
3.000
9*500
3»ooo
s.ooo
8.000
3.000
3.000
a.«
3^000
Fees, year
eri'Iing
Jure 30,
1C06.
$3 , 099 . 00
I. 015. so
a.ioi.ao
a3«.«»
aflb.So
38a. 00
a.-37».50
t Appointed after e:
X As>poiated after
>Tamtnaiiina uadav Baacuttve order at
Digitized by
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U8T or 00nBUL4S OFFICXM
GBRMAN BimSB-GRBAT B&ITAIlf AND DOMINIONS.
Nuneand titl*.
born.
Whence
ap-
pointed.
Date of
Satatfy.
Pees, year
ending
June 30,
1906.
Do.
Neustadt-an-der-Hardt.
Bavaria.
Moaicli, BitaxU
Do
SaanMl H. fihaak.
Joaeph H. Leute. .
Leopold Blnm. . . .
C.
....V. c.
....A«t.
Ind.
Pa..
Ger.
Ind.
Pa..
G«r.
r. so, 1907
Aug. 10, 1906
June 30, 1893
•3.SO0
Bi.sa
Do
Bwaoberg. Bataxia
Do
Plaaao, Saxony
Do
Markneuldrchen. Sax-
ony.
Stettin, PniMbi
Do
Danzig, Prussia
KSnigsbers. Prussia. . . .
Swinenxilnde, Prussia . .
Stuttput, W u« It t mherg. . .
Do
Tringtav, Cliina
Do
Do
Weimar, Stxa-Wdmar. . . ,
Do
attaa. Saxony
Do
...C.G
Abraham Scbtesingcr (n). V. &
D. C. G.
D. C.G,
Pa....
Switx.
D. C. . .
N. Y...
Mar.
Oct.
30. 1907
10, 1904
4.S00
Beaton W. Hartia C.
Oscar Boclc V. ft D. C.
Carl Bailey Httrst* C .
W. H. H. Spielmeyer.V. ft D. C
William P. L. Piedler Agt
John B. Kehlt C.
Henry Harder V. ft D. C.
Ernst A. Claassen Agt.
Alexander Eckhardt (n) Agt
Wilhelm Potenberg Agt,
Edward Hlggint C,
Ernest Entenmann(n),V.ft D. C
Wilbar T. Gracey C ,
Ernest Vollmer V. C
Ernest Vollmer Int
Will L. Lowriet C
Paul Teicfamann V. ft D. C
Clarence Rice Sbcom C
Herbert Smith V. ft D. C
Ohio.
Ger..
Ger..
Ger..
Ger..
Ohio
Ger
D. C. ...
Ger
Ger
Mar. 30, X907
May 19, 1903
Aug. a3, 190S
Jtme 3, 1909
July z6« X90f
3."i-50
Ohio. . .
Ger....
Ger. . . .
Ger
Ger
Mass...
Ger. . . .
Mass...
Cal....
Cal....
Mich. . .
Ger. . . .
N. Y....
England
Ohio. . . .
Ger
Ger
N. Y....
Ger
Mass. . . .
N.Y....
Maas. . . .
Cal
Cal
ni
Ger
N.Y....
Ger
Oct. IS,
Peb. 4.
Dec. »3.
Mar. 13.
Mar. 16.
April 99,
Mar. 18.
June 92,
Peb. 4.
Peb. 4.
July 91,
Oct. 6,
May 6,
Aug. 31.
1897
1898
1909
1899
1907
1907
1907
1906
1907
1907
1906
1899
1907
1904
300.50
X, 179.30
74.00
4,000
4,000
9,SOO
9,500
GREAT BRITAIH ABD
DOMnilOHS.
Adao. AraWa
Do
Hodeida
Antigua. W.I
Do
Roseau. Dominica.
Anckland, H. Z
Do
Christcfaorch
Dunedin
Wellington
Barbadoe, W. J
Do
St. Luda
St. Vincent
Wallace C. Bondt C.
George M. Gordon V. C.
Erich Lindemnesrer Agt.
Gactrga B. Anderson C
Samuel Galbraith V. C
H«nry A. Frampton Agt ,
WUMain A. Priddtt C. G
Leonard A. Bachelder. . . V. C. G
Frank Graham Agt
Frederick O. Bridgeman. . . .Agt
John G. Duncan Agt,
Artkv J. Clan (n) C
Houghton R. Kcrvey. V. ft D. C.
William Peter Agt
Ernest A. Rkharda. Agt
Ky
Scotland
Ger
N. C. ...
Scotland
England
N.J....
Mass. . . .
England
England
Barba...
Pa
S. Luda.
St. Vin
Wyo
Arabia..
Arabia..
D. C. . . .
Antigua.
Domin. .
N.J....
Mass. . . ,
N.Z. ...
N.Z...
N.Z...,
D. C...
^^
Is. Lucia,
ist. Via..
Mar.
Peb.
Mar.
Mar.
Mar.
Nov.
Not.
July
Mar.
Oct.
Jtme
Mar.
Mar.
J«.
30, X907
14, X906
16, S907
xo. 1905
10, 1
94, 1896
6, 1905
15. 1903
X3. 1903
30. 1900
X9, X906
«5. "905
9, X906
8. i#7S
•6, 1897
9,500
9,000
985.00
4.SOO
IM7.50
j,oo«^
457. OJ
690.09
940. 14
93<.S«
67.56
* Bom of Aaexicaa pamts residing abroad.
t Appoiatad after examination under B x e cuti ve order of November xo. 1905.
t Appointed after examinatioo usder SaBocativa ofder cf Jmmt 07. 1908.
I Incomplete returns.
Digitized by
Google
880
THX AmtRTOATy JOUBNAL OT INTEBITATIOVAL LAW
GRBAT BRITAIN AND DOMINIONS.
PUoe.
Name and title.
Where
born.
Whence
ap-
pointed.
Date of
Salary.
Pees. 3rear
ending
Jxinejo,
1906.
Belfait. Ireland
Do
Do
Ballymena
Londonderry
Ltu:gan
Belize, Honduras
Do
BeOeviUe, Ont
Do
Deseronto
Napanee
Picton
Trenton
Bimdncham, England
Do
Do
Kidderminster. . . .
Redditch
Wolverhampton. . .
Bombay, India
Do
Karachi
Bradford, England . . .
Do
Do
BriaCol. England
Do
Boralem, England
Do
Calcutta, India
Do..'
Chitagobg
Madras.
Rangoon
Calgary. Alberta
Do
Lethbridge
Campbellton, N. B. ..
Do
Paspebiac
Cape Town, Cape of Good
Hope
Do
Kimberley
Cardiff, Walea
Do
CharlottelowB, P. E. I.
Do
Soum,,
Summernde
S. Knabenihue C.
Paul Knabenshue V. C.
Edward Harvey D. C.
Wilson McKeown Agt.
P. T. Rodger Agt.
P. W. Magahan Agt.
William L. Avery* C.
V. AD. C.
Michael J. Hendrick C.
William N. Ponton V. C.
Charles A. MilUner Agt.
William Templeton Agt.
Jacob P. Beringer Agt.
Stephen J. Young Agt.
Albert Haliteadt C.
Arthur V. Blakemorc V. C.
Ernest Harkcr D. C.
James Morton Agt.
William U. Brewer Agt.
Edward T. CresweU Agt.
E. HaUeman Denniaon C.
Henry T. Dodge V. C .
Edward L. Rogers Agt.
Erastus Sheldon Day C.
Thomas L. Renton. . . V. & D. C.
Richard B. NichoUs D. C.
Lorin A. Lathrop C .
Richard Castle V. ft D. C.
Edward B. Walkerf C.
John H. Copestake. . .V. ft D. C.
William H. Michael CO.
Clin M. Eakins. . .V. ft D. C. G.
John L. Brown Agt.
Algernon J. Yorke Agt.
William Q. Rowett Agt.
E. Scott HotchkiM C.
H. Edgar Anderson . . V. ft D. C.
Charles B. Bowman Agt.
Theodoriui Botkin C .
John McAlistcr V. C.
Daniel Bisson Agt.
JuHus G. Lay C. G.
George L. Foster. .V. ft D. C. G.
Alpheus P. Williams Agt.
Daniel W. WiUiams* C .
Albert S. Phillips V. ft D. C.
John H. Shirley C.
John T. Crockett V. ft D. C.
Caleb C. Carlton, jr Agt.
Richard Hunt Agt.
Ohio. . . .
Ohio. . . .
Ireland .
Ireland .
Scotland
Ireland .
N. Y....
Ohio...
Ohio. . .
Ireland
Ireland
Ireland
Ireland
Mont. . .
Jan. 9.
June ao,
June so,
Nov. 14,
April 19,
Mar. ao,
Mar. 9.
N.Y....
Canada .
N.Y....
Canada .
N. Y....
Canada .
Ohio
England
England
England
Pa
England
Ohio
Iowa. . . .
England
Conn. . . .
England
England
Ohio
England
N.Y....
England
Ohio
N. H....
India . . .
England
England
;n. Y....
Minn....
Canada .
Ohio
N.B...
Canada.
D. C...
N.Y...
Cal....
Ohio. . .
N.Y...
Ill
P.E.I.
Mass...
P. E.I.
N.Y....
Canada .
Canada
Canada .
D. C...
England
England
England
Pa
England
Ohio
N. Y....
India. . .
Conn
England
England
Cal
England
N.Y....
England
Nebr. . . .
N.J....
India. . .
India. . .
India. . .
Wis
S.Dak..
Canada. .
Utah....
N.B...,
D. C. . .
N.Y...
Cal....
Ohio. . .
m
Ill
p. E.I.
P. E.I.
May ao.
April iz.
April 15.
Aug. 8.
Sept. as.
June a,
April 3,
June ai,
Nov. 15,
Mar. 10,
Mar. xj.
Aug. zo.
Jime 29 1
Aug. 8.
Jan. 8.
April 7.
Oct. aj.
Aug. a.
Feb. a8.
Jan. 9.
Jan. 30.
Aug. ai,
Nov. 16.
Feb. IS.
Sept. a8,
Jan. ao,
Jan. as.
Jime a8,
Sept. za.
Mar. a.
Mar. 30,
Jtme 30,
April 17.
May a4.
May Z9,
Feb. zo.
Mar. z.
Dec. a8.
Nov. az,
Oct. as.
June as,
Nov. sz.
Qos
906
006
901
888
88a
898
fS.c
•so^.SO
So^.SO
z, 96s. SO
893
885
890
888
888
89 z
906
907
893
870
905
906
906
903
90Z
897
883
893
891
906
906
90s
905
904
90Z
905
903
906
906
903
907
906
889
906
906
906
90s
90s
906
890
904
899
458.00
45. SO
154.50
419.50
4.S00 .
993.00
z. 517.50
58a. 00
4.000 .
95«.75
3.500 .
a, 000 .
3.000
6,000 .
t»3.50
t1.85z.S0
t474.oo
a, 000 .
Sao-So
6,000 .
i6z . I's
433 '<7
« Ai>pointed after examination under Executive order of September ao. Z895.
t Appointed after exaznination under Executive order of November 10, Z90S.
t Incomplete returns.
Digitized by
Google
LIST OF C0N8ULAB 0FFI0BB8
GREAT BRITAIN AND DOMINIONS.
881
PlM*.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
commission.
Salary.
Fees, year
endins
June 30,
1906.
CMticook, Qnabec
Do
Hereford
Lineboro
Staastead
ColMngwoodv Ont
Do
Barrie
Owen Sound
Parry Sound
Colombo, Ceylon
Do
Cork (QueoDftown) Jreland
Do
Do
Waterford
ComwaU, Ont
Do
Dawion, Yukon Torritory
Do
Dublin, Irefamd
Do
Athlone
Galway
Limerick
Dundee, Scotland
Do
Aberdeen. . ^
Dunfermfine, Scotland. . .
Do
Kirkcaldy
Durban, Natal
Do
Bdinburgh, Scotland
Do
Galashiels
fort Erie, Ont
Do
Oasp/, Quebec
Do
Georgetown, Guiana
Do
Cayenne
Paramaribo
Oibraltar. Spain
Do
Olaagow, Scotbind
Franklin D. Hale* C.
Edward E. Wethereli. . V. & D. C.
John R. Nichols » Agt .
Hoel S. Becbe A«t.
Benjamin P. Butterfield A«t.
Augustus G. Seyfert C .
William T. Toner. . . .V. & D. C.
Alfred E. H. Creswicke A«t .
William T. Robertson Agt.
Walter R. Foot A^.
Edward A. Cree^ey C .
Elmer Lake Morey t . . V. & D. C.
Henry S. Culver C .
James William Scott V. C.
George B. Dawson D. C.
William H. FarreU Agt .
John E. Hamilton C .
David A. Flack V. & D. C.
George C. Cole C .
G. Carlton Woodward, V.& D. C.
Alfred K.Moe C.
Arthur Donn Piatt. . .V. & D. C.
John Burgess Agt .
Robert A. Tennant Agt.
Edmund Ludlow Agt .
John C. Higgins* C .
Allan Baxter. V. & D. C.
William P. Quann Agt.
John N. McCunn (n)* C.
Charles Drysdale V. C.
J. Lockhart Innes Agt .
Edwin S. Cunningham C .
Russell H. Millward . . V. & D. C.
Rufus Fleming* C .
Frederick P. Piatt V. & D. C.
John Stalker Agt .
Horace J. Harvey* C .
Lewis H. Manly V. & D. C.
Almar F. Dickson C .
John Carter V. C .
SeUh Merrill C.
Donald MitcheU V. & D. C.
Charles Henri Fourrage Agt .
William H. Bradley Agt .
Richard L. Spraguet C .
Arthur D. Hayden. . .V. & D. C.
Richard W. Austin || C
Vt
Canada .
N. H....
Vt
Vt
Pa
Pa
Canada .
Canada .
Ireland .
N.J....
Ceylon . .
Ohio
Ireland .
Ireland .
Ireland .
Pa
N. Y....
W. Va. .
Pa
N. Y....
D. C...
Ireland .
Scotland
England
Del
Scotland
Scotland
Scotland
Scotland
Tenn
Ohio
Ind
Ohio. . . .
Scotland
N. Y....
Pa
Conn
Canada .
Conn
Barba. . .
Guiana. .
Ind
Gibral . .
Mass. . . .
Ala
Vt
Canada .
Canada .
Canada .
Vt
Pa
Pa
Canada .
Canada .
Canada .
Conn
Ceylon . .
Ohio
Ireland .
Ireland .
Ireland .
Ky
Canada .
W. Va. .
Pa
N.J....
Ohio
Ireland .
Ireland .
Ireland .
Del
Scotland
Minn
Wis
Scotland
Scotland
Tenn
Pa
Ohio
Ohio
Scotland
N. Y....
N. Y....
Mass. . . .
Canada .
Mass. . . .
Guiana. .
Guiana. .
N. Y....
Mass.. . .
D. C. ...
Tenn
Oct. 30.
May I.
June 6,
June I.
Oct. IS.
Nov. 21.
Dec. 27,
July 17.
May II.
Nov. 2,
Mar. 30,
April 5,
June 22,
Feb. 14.
Dec. 17.
Jan. 31.
Jtme 22,
June 30,
June 22,
Oct. 26,
Oct. 13.
May 6,
June 20,
May 4.
Nov. 7.
July 5.
June 23,
Aug. 18,
July 28.
May 2g,
Feb. 6,
June 22,
Jan. 29,
Oct. 5.
July s.
May 4.
July I,
Sept. 5.
Aug. 2,
Aug. 7.
Mar. 30.
Mar. 3.
April 2,
Mar. 3.
July 18.
May 17,
June 22,
1902
1906
1870
1893
1897
1906
1905
1895
1894
1892
1907
1893
1906
1889
1902
1880
1906
X906
1906
1904
1904
1893
1888
190X
1896
1897
X894
1906
1897
1899
1903
1906
1907
1897
1894
1894
1902
1902
2887
1890
1907
1 90s
1903
190S
I 1901
1907
1906
$2,000
$170.00
I ,247.00
X2X.Od
a.Soo
685.00
t947 . SO
50a. 00
3,000
2,500
40.50
2,000
5,000
4,000
234.50
soo . 00
436.50
3.000
3.174. 00
3.500
1.665.50
3.500
397.50
3.500
75.44
563 ■ so
* Appointed after examination under Executive order of September 20, 1895.
t Incomplete rettims.
X Bom of American parents residing abroad.
II Appointed after examination under Executive order of November xo, 1905.
Digitized by
Google
882
TBE AMEBlCAJr JOITItNAL OF INTERNATIONAL LAW
GRBAT BRITAIN AND DOMINIONS.
Piaoe.
Name and title.
Wheve
born.
Whence
pointed.
Date of
conuDiflsion.
Pees, 9«tt
ending
June 50.
1906.
Glascow, Scotland — Cont
Do
Greenock
Troon
BmSlUz, N. S
Do
Bridgewater
Liverixx)!
Lunenburg
BanUton, Bermuda
Do
St. George
Hamilton, Ont
Do
Bfiantford
Gait
Hobart, Ta—anin
Do
Launcestoa
Hoockong, China
Do
Do
HgddtrsaeM, Bngland. . .
Do
Hull, England
Do
Jamestown, St. Helena. . .
Do
Kingston, Jamaica
Do
Black River
Montego Bay
Port Morant
St. Ann's Bay
Savannah-la-Mar
Kingston, Ont
Do :
Leeds^ England
Dj
Do
liTerpool, England
D^
Do
Holyhead, Wales
St. Helens
London, England
Do
William H. Tew V. C.
Alfred Middleton D. C.
James A. Love Agt .
Peter H. Waddell Agt.
David F . Wilber C . G .
George Hill V. & D. C. G.
William H. Owen Agt.
Jason M. Mack Agt.
Daniel J. Rudolf Agt
W. Maxwell Greene.* C.
William H. Heyl V. & D. C.
Howard D. Fox Agt.
James M. Shepard* C.
Richard Butler (n). . . V. & D. C.
Martin W. McEwen Agt.
James Ryerson Agt.
Alaxaader Geoige Webster. . . .C.
Charles Ernest Webster. . . V. C.
Lindsay Tullock Agt.
Amos P. Wlldert C.6.
Stuart J. Fuller. . . V. & D. C. G .
James Chue Int.
Frwlerick L Brightt C.
David J. Bailey V. & D. C.
Walttt C. Hamm* C.
Ernest E. Haller V. C.
Robert P. Pooley (n) C.
John W. Broadway V. C
Frederick Van Dynefi C .
William H. Orrett. . . . V. & D. C.
C. M. Farquharson Agt.
Harry M. Doubleday Agt.
Cecil C. Langlois Agt.
Anthony B. D. Rerrie Agt.
Ch. S. Farquharson Agt.
Howard D. Van Sent C.
Matthew H. Folgcr. . . V. & D. C.
Lewis Dexter C
Edmund Ward V. C.
Charles E. Taylor D. C
John L. GriiBths C.
William J. Sulis V. & D. C.
William Pierce D. C.
Richard D. Roberts Agt.
John Hammili Agt .
Robert J. Wynne C. 6.
Richard Westacott, V & D. C. G .
Scotland
Scotland
N. y....
England
N S....
N. S....
N. S. . . .
R. I....
Ber
Ber
Mass
Canada .
Canada .
Canada .
England
Tasm. . .
Tasm. . .
Me
Iowa. . . .
Austral .
Ohio
England
N. Y....
England
St.Hcl..
St.Hel..
N. Y....
N. y....
N. Y....
Scotland
Scotland
Scotland
N. Y....
N. S....
N. S....
N. S....
N. S....
R. I....
Ber
Ber
iMich.. . .
ni
Canada .
N. Y....
Jamaica.
Jamaica.
Jamaica.
N.J..,.
N. Y....
R. I....
England
England
N. Y....
England
England
England
England
N. Y....
Mass....
Tasm. . .
Tasm. . .
Tasm. . .
Wis
N. Y....
China.. .
Ohio....
Ens^and
Pa
Ene^and
N. Y....
St.Hel..
N. Y....
5
J«
N. Y....
Jamaica.
Jamaica.
Jamaica.
N.J....
N. Y....
R. I
England
England
Ind
England
En^and
England
Pa
Mass. . . .
Nov. 2,
Nov. 7,
Mar. 97.
Mar. 5.
Mar. 30.
Aug. s.
April 18.
Dec. a8.
June 13.
Jan. 14.
April 18.
June 30,
July 17.
Feb. 16.
Sept. 6,
Feb. as,
Jan. 19.
July X3.
Feb. 10.
Mar. 7.
April so,
May 0.
Mar. a6.
July a6.
July 18.
Nov. a a,
Jan. I a.
April i4t
Mar. 8.
Nov. sa,
Feb. 17.
June 3,
Mar. 12,
Oct. a a.
Dec. ax,
Sept. 15.
Sept. a3.
Dec. 18,
Oct, II,
Oct. II,
Mar. 8.
July x8,
April a8.
J«iy «4.
Aprfl 19,
Mar. 8.
May 84,
X906
1906
1891
1896
1907
189a
187a
189s
1907
1898
1903
1906
1*97
iSgR
1904
1899
X876
i«OQ
i8«7
1906
1906
1906
1906
i«9*
1903
190 1
1898
X904
1907
190a
i«93
1907
190X
190a
i«9S
190S
l«74
i«97
X906
X906
1905
1887
i«94
1896
x888
1905
1897
•4.500
fsoo.oo
7«o.oo
6x8.31
31500
a, 500
3.000
a39.«6
a, 000
S3X.OO
609.50
8.000
ti5.50
I, cob
3.000
s.soo
a, 000
4.500
X9I.50
9S3.SO
1,177.00
i,sS4.oo
I55-00
8,000
6.00
S6i.«o
* Appointed after examination tmder Executive order of September ao, 1895.
t Appointed after examination under Executive order of November 10, 1905.
t Incomplete returns.
i Appointed tmder Bsicttti^ onder of Juoe »f, x.906. .
Digitized by
Google
LIST or C01I8ULAB OFFICSB8
6RBAT BRITAIN AND DOMINIONS.
888
PlSM.
London, England — Cont
Do
Dover
XaJte (Islands)
Do
Jfanchestar, England
Do
Melboorna* Australia
Do
Do
Adelaide
Premantle. Western
Australia.
Monctont N. B
Do
Newcastle
Montrsal, Quebec
Do
Hemmingford
Huntingdon
Kassau, H. P
Do
Albert Town
Dunmore Town
Governor's Harbor
llathewtown
Hewcastle, H. S. W
Do
Brisbane, Queensland
TownsvlUe. Queensland
Hawcastla-on-Tyna, Eng-
land.
Do
Carlisle
Sunderland
West Hartlepool
nagara Falls, Ont
Do
Eottingbam. England
Do
Do
Derby
Leicester
Ori]]ia.Ont
Do
Midland
North Bay, Nipisaiag. .
Sudbury
QttawuQnt
Do
John W. Thomas.
John P. Bray
Alfred P. MerriU...
Wilbur K. Bouton. .
Charles A. Murphy .
Name and title.
Francis W. Ft igout D. C. G ,
Richard Weatacott C- C
Francis W. Prescott Agt
John H. Ofout C.
James A. TumbuU. . .V. & D. C
William Harrison Bradley C
. ...V. C
. . . .€. G
,V. C.G
.D. C.G
Agt
Frank R. Pcrrot Agt
Oustave Beutalspacher (n) C
Chipman A. Steeves. . V. ft D. C
Byron N. Call Agt
Church Howe C. O
Patrick Gorman . . . V. ft D. C.G
Wellington W. Work Agt
John Dineen Agt.
JuBaa Pottert C,
WilUam R. Knowles V. C.
Josd G. Maura Agt.
Samuel M. Sweeting Agt.
Abncr W. Griffin Agt.
Daniel D. Sargent Agt.
Frederick W. Oedingt C.
John K. Fofttw V. ft D. C
William J. WeatherOl Agt.
David J. Brownhill .Agt .
Horace W. Metcall C.
Hetherington Nixon. .V. ft D. C.
Thonsas S. Strong Agt.
Thomas A. Horan Agt.
HaasC. Nielsen. Agt.
William a. H. VelMtar C.
Neville B. CokxKk. . .V. ft D. C.
F»ank W. MaUn C.
William T. €artwright V. C.
Thomas H. Cook D. C.
Charles K. Bddowca Agt.
Samuel S. Partridge A^t.
Sm«« A. WakeMdu C.
Robert H. Jupp V. ft D. C.
Francis J. McOyium Agt.
Edgar C. Wakefield Agt.
David M. Brodie Agt.
O. Foster CO.
Horace M. Sanford. V. ft D. C. G .
Ill
England
Minn
Me
N. y . . . .
N. Y....
Cal
Where
bom.
England
Mass. . . .
England
Mass....
Malta. . .
Ill
England
N. Dak. .
Victoria .
Mass. . . .
S. Aust. .
Cal
Ger
Canada
Canada
Mass...
Canada
N. Y...
N. Y...
N. Y...
Pa.
Ohio. . .
Nebr...
Canada
Canada
N. Y...
Baha ...
Baha . . .
Mass. . . .
N.Y....
N. S. W.
Scotland
Me
England
England
England
England
N. Y....
England.
Iowa
England
England
Englnad
EniSland
Me
Canada .
Canada .
Me
Scotland
Vt
Conn. . . .
Whence
pointed.
England
Maes. . . .
Baha..
Baha..
Baha..
Baha ..
ni
N. Y...
Queens.
Queens.
Me
fiagland
England
England
England
N.Y....
Canada .
Iowa
Bntfaad
England
Gniiand
Dttteof
commission.
Mar. s8.
Nov 11.
April 5
Jan. ID.
Aug. 8.
June a a,
Jime ra.
June 30.
Oct. 10.
Jan. a8
Nov. 10.
Mar. n».
June sa.
June 30.
Feb. to,
June sa.
Feb. tS,
May 14.
Aug. IS.
Oct. JO.
Aug. so,
Oct. 5.
Mar. 91.
3.
July so.
Feb. II,
Joa. U.
May ao,
Feb. 8.
June 95,
July a,
Oct. as.
Dec. ai,
May IS.
Me....
Canada
Me.
Vt
Conn. . . .
Oct. a6.
'Feb. 16,
June II.
jFeb. s6,
,Oct. a«.
,Oct. 13,
I'june I.
May St,
July 7.
Dec. 13.
Oci. I.
Feb. I.
Sept. 9.
803
898
906
808
906
906
90s
897
904
004
887
006
006
004
006
886
003
006
80a
906
806
806
898
907
005
r«07
896
898
895
899
003
900
908
906
900
8fts
891
900
900
901.
906
OOT
V03
898
Salnrr.
Fees, year
ending
June 30
1906.
a,soo
6,000
Si. too
a.soo
SsaS 00
6,000
S.SOO
a. 000
♦145.00
*9i.eo
6,000
1,466.11
3.000
145.00
430 00
135.00
157.50
aa5.ee
145.00
485.00
917.00
719.00
I7SOO
766.30
X, 06a. 14
1.073.50
I. 613. 50
I. 99s. 50
90s. 00
* Incoms>lete returns.
t Appointed after examination under Executive order of September so. 1895.
Digitized by
Google
884
THE AHBBIGAN JOURNAL OF INTBBNATIONAL LAW
GREAT BRITAIN AND DOMINIONS.
Place.
Arnprior
Plymouth, Bngluid . .
Do
Dartmouth
Falmouth
Guernsey
Jersey
St. Marys, Scilly Islands
Port Antonio, Jamaica
Do
Port Maria
Port EUzabeth, Capa of
Good Hope.
Do
Bast London
Port Hope, Cat
Do
Peterborough
Port Louis, Mauritius. .
Do
Port Rowan, Ont
Do
Port Stanley, F. I
Do..
Preecott, Ont
Do
Pretoria, Trantraal . . .
Do
Bloemfontein, Orange
River Colony.
Johannesburg, Trans-
vaal
Quebec, Quebec
Do
Levis
Rimousld, Quebec . . .
Do
Cabano
St. Christopher, W. I.
Do.
Nevis
St. Hyadnthe, Quebec
Do.
Sorel
Waterloo
St. John, R. B
Do
Campobello Island.
James J. McBride Agt.
Joeeph G. Stephens (n) C.
John J. Stephens V. ft D. C.
Jasper Bartlett Agt.
Howard Fox Agt.
William Carey Agt.
E. B. Renouf Agt.
John Banfield. jr Agt.
mcholas R. Snyder C .
Daniel H. Jackson. . .V. ft D. C.
Alfred Savariau Agt.
Robert Brent Moeher C.
Charles J. Wright V. ft D. C,
William H. Fuller Agt,
Harry P. Dili C
John Harcourt V. ft D. C,
Frank J. Bell Agt
C
Name and title.
England
Pa
England
England
England
Jersey .
England
Pa
Jamaica.
Jamaica.
D. C. ...
Cape Col
Me
Canada .
Canada .
Robert E. Sneeden V. C
George B. Killmaster (n) C
William H. Meek V. C
John B. Rowant C
Louis Williams V. C
Bfartin R. Sackettf C
James Buckly V. ft D. C
John B. Snodgrass C
Ezekiel Davidson V. C
Arthur E. Fichardt Agt
Herman A. Loeser Agt
William W. Henryt C
Prank S. Stocking V. C
Charles M. Barclay Agt
Edwin N. Gunsaulua C
Michel Ringuet. jr. . . V. ft D. C
Thomas T. Hammond Agt
C
EmileS. Delisle V. C
Charles C. Crcaves Agt
Joseph M . Attthier (n) C
Francis Bartels V. ft D. C
Isaie Sylvestrc Agt,
Charles M. Eastman Agt,
Gebhard WiUrich (n)t C
Leonard M. JewettJ, V. i D. C.
John J. Alexander (n) Agt.
Where
bom.
Ohio
Ind
Ind
England
England
England
Jersey . .
England
Pa
Jamaica.
Jamaica.
D. C...
Ohio
Cape Col
Me
Canada .
Canada .
Mauri. .
Canada
Canada
Conn. . .
F.I....
N. Y...
Canada
W. Va.
Ohio. . .
So. Af .
N. Y...
Vt
N. Y...
Canada
Ohio. . .
Canada
Me. . . .
St. Chr. .
W. I...
Canada .
Canada .
Canada .
Vt
Ger
N.B....
N. B....
Whence
ap-
pointed.
Date of
commission.
Sept. 93.
July 15.
Oct. 7,
May Z4.
Dec. a8.
April 8.
Dec. I.
July ao,
June as,
June 30,
Feb. 8.
Nov. a I,
Jan. a, 1907
Mar. a8, 1884
May ai, 1900
Jime 13, 1900
July 14, X906
Mauri. .
Mich. . .
Canada
Iowa. . .
F. I....
N. Y...
Canada
W. Va.
Ohio. . .
So. Af .
N. Y....
Vt
N. Y....
Canada .
Ohio
Can ad a .
Me
Dec. 7.
June a a,
June 30,
Feb. 4.
Nov. la,
June s,
April 5,
Mar. x8.
Feb. 17,
Feb. a6.
St. Chr.
St. Chr.
R. I....
Canada
Canada
Vt
Wis
Mass...
Me
1905
1897
Z899
1898
1905
x88o
x89a
X876
1906
X906
1 90s
Z906
1906
1906
1906
1898
1900
1903
X876
1605
1906
X907
May a9, 1907
July 17, 1897
May a 7, 1898
Jan. 14, 1903
June a a, 1906
Jtine 30, 1906
Sept. 6, 1906
Jtme
July
June
June
Nov.
April
Oct.
Jan.
May
30, 1906
17. 1893
aa. 1906
30, 1906
30, 189a
X7. Z90X
3. 1905
a4, X901
7. 1887
Salary.
Fees, year
ending
June 30,
1906.
$9 , 500
•a, 477 SO
23 SO
*404 50
80.50
49 SO
3.000
3.SOO
a,aoa.so
a, 500
«44.oo
a, 000
♦x73.oo
9,000
$a , 000
9,500
5,000
$a.oo
476.90
3.S00
z
.X1700
3»Soo
a
.860.00
a, 000
7.50
9,000
a64.oo
430.00
3,000
58.0a
* Xpcd^Pl^^* returns.
t Appointed after examination under Executive order of September ao, Z895.
t Bom of American parents residing abroad.
Digitized by
Google
LIST OF OONSUXJUft OFFIOKBS
GREAT BRITAIN AND DOMINIONS.
385
Place.
Name and title.
Woere
born.
Whence
ap-
pointed.
Date of
commission.
Salary.
Pees, 3rear
ending
June 30,
1906.
at. John's, R. F...
Do
Bay Bulls
Port aux Basques
St. John's, Quebec . .
Do
St. Stephen, N.B. . .
Do
Sandakan, British North
Borneo
Do
Samia, Ont
Do
Clinton
Courtwright
Sault Ste. Marie, Ont. . . .
Do
SheiBeld, England
Do
Do
Bamsley
Sherbrooke, Quebec
Do
Cookshire
Megantic
Sierra Leone, Watt Africa
Do
Singapore, S. S
Do
Penang
Southampton, England. .
Do
Portsmouth
Weymouth
Suva, Fiji Islands
Swansea, Wales
Do
Sydney, N. S
Do
Cape Canso
Louisburg
Pictou
Port Hawkesbury
Sydney, N. S. W
Do
Norfolk Island
Three Rivers, Quebec
Do
Do
VictoriaviUe
James S. Benedict C.
Henry F. Bradahaw V. C
Hamilton Weeks Agt
James W. Keating Agt,
Charles Deal* C
John Donaghy V. & D. C
Charles A. McCullough* C
CharUe N. Vroom. . .V. ft D. C,
N. Y...
N. F...
Canada
N. F...
N. Y....
Canada
Me....
N. B...
N. Y...
N. F. ..
N. F. . .
N. F. . .
N. Y...
Canada
Me. . . .
N. B...
Lester Haynardf
V. ft
Real M cMiUan (n)*
Arthur J. Chester V. &
A. O. Pattison
Fred W. Baby
George W. Shotts
John N. Fairbaim ... V. &
Charles N. Daniels*
Herbert Hughes
Luther J. Parr
Charles McNaughton
Paul Lang*
GeorRc E. Borlase. . .V. &
William F. Given
Henry W. Albro
Wiffiam J. Yerbyt
John R. King
Thomwell Haynes
Geo. E. Chamberlin, V. & D.
Otto Schule
Albert W. Swaim
Richard Jones (n) V. &
John Main
Frederick W. Fuller
...C
D. C.
...C.
D. C.
.Agt.
■ Agt.
...C.
D. C.
...C.
V. c.
D. C.
.Agt.
...C.
D. C
• Agt.
• Agt.
...C.
V. c.
Cal.
Cal.
Mar. 30, X907
May I. 1897
May 2x, 1902
May 24, X902
July 17, 1897
Feb. 26, 1890
July 17, 1897
Aug. 26. 1895
June 26. 1906
$2 , 500
$22.50
Canada .
Canada .
Canada .
Canada .
Ohio
Canada .
N. Y....
England
England
Scotland
N. H....
Canada .
D. C...
Canada .
Ark
C.G.
C.G.
.Agt.
...C.
D. C.
• Agt.
.Agt.
...C.
S. C...
Conn. . . .
Swits... .
Pa
Wales. . .
England
England
Mich....
Canada .
Canada .
Canada .
Mich....
Canada .
Conn. . . .
England
England
England
N. H....
Canada .
D. C. ...
Canada .
Tenn
Ohio
S. C
N. Y....
S.S
Iowa. . . ,
N.J....
England
England
Jan. 10,
May 18.
July II,
May 26,
June 22.
Aug. 17,
Sept. 25,
July 31.
July 31,
April 2,
July IS.
Feb. 4,
AuR. 6.
Oct. 28,
June 28.
June 20.
Mar. 30,
Jan. 2,
July 20,
Mar. 19.
Nov. 25,
Sept. 16,
July 17.
Jesse H. Johnson
William D. Rees V.
George N. West
John E. Burchell
Alfred W. Hart
Henry C. V. Lc Vatte. . .
John R. Davies
Alexander Bain
Orlando H. Baker
Henry L. Jones
Isaac Robinson
James H. Worman (n) . .
Waters W. Braman, jr. .
D. C.
... .C.
.V. C.
. .Agt.
..Agt.
. .Agt.
..Agt.
....C.
.V. c.
. .Agt.
....C.
.V. c.
DC.
. .Agt.
W. Va .
Wales. .
Me
N. S...
N. S...
N. S. . .
N. S...
N. S...
Ind. . . .
Pa
Aust. . .
Ger. . . .
N. Y...
Tex
Wales. . .
D. C...
N. S....
N. S....
N. S...
N. S....
N. S...,
Iowa. . . .
Mass. . .
N. S.W.
N. Y....
N. Y....
1898
1900
1890
1882
1906
X906
X903
1902
1902
1903
1897
1899
1898
1898
1906
1906
1907
1906
1907
X903
1898
1902
1902
Mar. 30,
Oct. 29.
July X,
Aug. 19,
July 23.
Nov. 3,
July 27,
Oct. 26.
June 16,
April 3,
Nov. 18.
May 5.
Sept. 4.
1907
1897
1897
1897
X885
1898
1897
1886
1900
1903
1887
1904
1891
2,500
3.500
563.50
180.50
268.50
2,934.00
650.50
X06.50
192.50
3,000
144.50
1,031.50
199.50
504.50
George E. Beaudet (n).
Canada . Cal April 28. 1902 x , 637 . 00
* Appointed after examination under Executive order of September 20. 1895.
t Appointed after examination under Executive order of November xo, 1905.
Digitized by
Google
886
THE AMEBK3AS JOUKMAL OF OnXBVATIONAL LAW
GREAT BRITAm AND DOMINIONS-GRBBCB.
PlMC.
Name and titi*.
boro.
Whence
pointed.
Date of
Sakrsr-
Pees, year
June 30*
X906.
Torooto, Out
Do
Xriaidad. W.I
Do
Grenada
Turka Island, W. I
Do
Cockburn Harbor
Salt Cay
Vancouver, B. C
Do
Do
Cumbexlaad ,
Femie
Nelson
Roasland
Victoria. B.C
Do.;
Chemaiaus
Nanaimo
Wiadaor,H.S
Do
Parrsboro
Windsor. Ont
Do
Winnipsg, Manitoba
Do
Emerson
Port Williams, Ont
Gretna
Kenora, Ont
North Portal. Saslcatch
ewan.
Woodstock, N. B
Do
Edmtmston
Yarmouth, R. S
Do
Annapolis Royal
Barrington Passage. . .
Digby
Lockport
Stielbume
Robert S. Ciiilton, jr C.
David S. Toven V. » D. C.
Williani W. Handkiy C.
Spencer J. Kirton V. C.
P. J. Dean Agt.
Joseph A. Horweils* C.
W. Stanley Jones V. C.
Cleophas Hunt Durham. . . .Agt.
Daniel F. Harriott Agt.
L. Edwin Dttdtoy* C.
Harry H. Phillips V. C.
James G. Harris D. C.
George W. Clinton Agt.
John R. Pollock Agt.
Walter S. Riblet Agt.
George A. Ohren (n) Agt.
Abraham B. Smith (n)* C.
Robert M. Newcomb. .V. & D. C.
Albert Lee Palmer Agt.
Joseph H. Pashley Agt.
T.Hoke* C.
V.&D. C.
Laurence H. Hoke Agt.
Harry A. Coaant C.
Daniel Chatcr V. & D. C.
John Edward Jones C.
Carl R. Loop V. C.
Duncan McArthur Agt.
C. W. Jarvis Agt.
Michael Long Agt.
John Dean Agt ,
W. H. Dorsey Agt.
D. C. ...D. C...
D. C.,..
St. Chris.
Ohio
T. M..
T. W..
Conn
Vt
W. Va.
Pa
Cal
Wis
Canada .
England
Ind
Minn. . . .
N.Y....
Va
N. Y....
Trinidad
Grenada
Ohio
T. W...
T. W...
T. Isl...
Mass....
Wash...
Me
Pa
Oreg
Wash...
D. C. . . .
HI
Ill
Minn. . . .
U.S....
W. Va. .
tr. 10.
Dec. 6,
Nov. 13,
Oct. 8,
Dec. 16,
Oct. 30,
Oct. 9.
July I.
Aug. 16,
July 7.
June so,
Feb. 18,
Nov. 10,
Mar. »6,
Aug. 19,
May IS,
July a.
Mar. ast
Mar. 7,
Maf. 96.
Oct. 8,
W. Va.
Mich...
Canada
D. C...
Ind. . . .
Cazuula
Canada
Canada
Canada
W. Va.
Mich...
Can ad a .
D. C...
Ind. . . .
Canada
Cazuula
Canada
Canada.
Vt. . . .
N. B..
N. B..
Mo...
Conn..
N. S..
GREECE.
Do...
Pirsus.
Pfttias. . . .
Do...
Corfu . .
Frank C. Denison* C
John R. Lindow V. C
J. Adolphe Guy Agt
Alfred J. Fleming C
William H. Doyle. . . . V. & D. C
Jacob M. Owen Agt
Thomas W. Robertson Agt. N. S.
William B. Stewart Agt. N. S.
William McMillan Agt. N. S.
Edward M.Bill Agt. N. S
George Horton C. G. N. Y.
Bernard MeHssinos V. C. G. Greece.
Bernard Melissinos Agt. Greece
James Verner Long C. Pa.
Howorth J. Woodley V. C . England
Charles £. Hancock Agt.JGreece.
Vt. . .
N. B..
N.B.,
Mo...
Conn.
N. S..
N. S..
N. S.
N. S..
N. S..
lU
Greece.
Greece.
Pa
Greece .
Greece. ,
1905
1904
190s
1904
1891
1005
189s
1896
1868
1897
1906
X907
X898
X901
1903
X90S
1897
1907
1907
X906
1897
$4. 000
3>ooo
•59s. «•
156.38
77.55
4.000
360.00
s,6s9.oo
P3«-SO
733.00
1.349.53
5«5.»8
July a6,
April x8.
Jime X3,
Mar. 30,
Feb. 91.
Mar. 30.
July 17.
Nov. X9,
Feb. X4,
May I.
June 88,
Oct. a6,
June X.
Mar. 30.
Feb. xs.
April 8,
Mar. 7.
Un. 16,
] ( b. 6.
Cct. 28,
1899
1905
1904
1907
1907
X889
1895
1903
1907
1895
1897
X904
X896
1907
1907
187a
X893
1873
X904
X901
1,350.50
s,500
3.500
1,035.00
X. 0x9. 00
X0S.50
304.50
855.00
9*8.50
283.50
157.50
Saa.so
6s. 50
•0.00
June 89, X906
Sept. X3, X906
Aug. 30, X906
June 18, X903
Aug. 13. X906
Jan. 99, X909
3,000
7«8..
ta4.5o
* Appointed after t
I under Executive order of September so. 189s.
Digitized by
Google
UBT OF OOKWL^ft OPFKWBS
GUATBMALA— ITALY.
387
Place.
OUATniAUL
Ovatenuila
Do
Champerico
Livingston
Ocos
San Joa^ de Giwtemala
SAin.
Cape Haitian
Do
Gonaives
Port dc Paix
Port au Prince
Do
Aux Cajres
Name and title.
WiOUMi P. Kent* CO.
William Owea. ...V.St J>. C. &.
CaxlO. Heitman A^jt.
Edwatd Reed Agt.
Samuel WoUocd Agt.
Frank Sims Swan Agt.
Jacmel |Louia Vital (n)
Jeremie.
Lemnel W. LMafitont C
Otto F. Schutt V. C.
J. William Woel (n) AgJ.
Carl Abegg (n) Agt
John B. Twraa C
Alexander Battiate. . . V. ft D. C
Adolpfa Strohm Agt
St. Charles ViUediouin (n>. .Agt
Miragoane Emil Goldenbeqr Agt
L. Kampmeyer Agt
Chaxies Miot Agt
Petit Goave.
St. Marc
HOHPUSAS.
Do
Tela
Truxillo
Paeito Cortsa
Do
San Pedxn Sula. .
TegndgaliMi
Do
Amapala
San Juancito. . . .
Utile
Do
Bonacca
Roatan
uiajr.
Do
Capri
Sorrento.
.Agt
Whcse
bom.
Va...
D. C.
Cal..
Cal..
Cal..
Cal..
Pla....
Jamaica
Haiti . .
SwttE. .
N. C...
Ga
Haiti.
Haiti .
Ger...
Ger. . .
Haiti.
Drew Linardt C.
Viiga C. Reynolds V. C.
Wallace C. Hutchinson Agt.
John T. Glynn Agt.
Albert W. Brickwood. Jr G.
Albert G.Greeley V. & D. C.
J. U. MitchcU. ir ^.Agt.
WilBam E. Alger C.
Benjamin D. Guslbert. V. ft D. C .
William Heyden Agt.
J. H. Weddle Agt.
Herbert R. Wright C.
Ben. Waskom Baker V. C.
^andy Kirkconnell Agt.
Joseph A. McBride (n) Agt.
rsspar S. GfDWBinihlddl « . . . .G .
James Drinkwatar. . .V. ft D. C.
Thomas Spencer Jerome. . . . Agt.
Francesco Ciampa Agit
Pa...
Ky..
Vt...
La...
m. ..
m...
Whence
pointed.
Va..
lid.
Cal.
Cat.
Cal.
Cal.
Fla...
Haiti..
Mass..
N. Y..
N. Y..
^aiti.
Haiti.
Conn..
N.Y..
Haiti .
Haiti.
Haiti .
Cal....
Ven
N. Y...
Iowa
Tex....
Hond..
Hond..
France. .
Italy....
Mich....
Italy....
D. C. .
Italy..
Mich..
Italy..
Date of
commission
July 6. xoo6
June eS. 1904
Dec. »i. 1903
April 6, 1901
May X4. 189A
Dec. 4. i90»
Jan. 14. 189A
Sept. 13. 1906
Sept. 8. x8o9
June xa. 1896
Ma^y 5. 1004
July 30. »904
Dec X. X906
Feb. 6. 1904
June 15. X903
Aug. a. X900
Mar. 33. 1899
Got. I. 1890
Pa...
La....
N.Y....
La....
Aria. .
Miim. .
Pa....
Mass..
Cal...
Hond.
Cok>..
Iowa..
Tex...
Hand.
Salary.
Mar. 30.
Oct. a?.
April xa,
July as.
Aug. 17.
Jan. a,
Jan. 26,
Nov. 10,
Sept. XX.
April a3.
Mar. 13,
June 15.
Jan. 8.
June so,
June 23.
X907
X905
X905
X899
1906
X906
X891
X904
X905
1894
190S
190s
X90X
X9e6
X906
June 99, X906
June ao, 1906
Jan. s). X90X
May *S> 190X
Pees, year
ending
June 30.
1906.
$3.Soo
$1.^794. 80
I SI. 69
47«.75
343 04
3.000
3MSO
467.00
346.00
4*a.$o
$aa.so
190.60
90.00
390 . 00
a, 000
a.soo
S68.50
xT7.$o
a.soo
14. 00
446.50
a».eoei
'
a4X».oi»
446.50
45.50
* Appointed after eoEamination under Exeeutiwe order of November xo» 190$.
t Appointed after examination undev Executive ofder of September so, 1695.
I Appolntad after ewamination under Executive order of June S7, 1906.
f Bora of AoMdcsapasBataiMidiaft abroad.
Digitized by
Google
888
THE AMBBIOAN JOURNAL OP IKTSBNATIONAL LAW
ITALY-JAPAN.
Place.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
commission.
Salary.
Fees, year
June 30.
i9o€.
Do
Florence
Do
Bologna. . .
Genoa
Do
Do
San Remo.
Lecbom
Do
Caglaari. . .
Carrara
Do
Rcftgio. Calabria.
Do.
Do.
Do.
Do.
Ban. .
Do.
Rome. . .
Do.
Do.
Do.
Turin. . .
Do.
Venice. .
Do.
JAPAH.
Dalny, Manchiuia.
Do
Do
Kob^.
Do
Do
Do
Do
Stonl* Korea.
Do
Do
Jacob Ritter V. *
Jerome A. Qoay
Spirito Bemardi V. ft
Carlo Gardini
DayidR. Birch
Frederico Scemi
Angelo Boragino (n)
Albert Ameglio
Ernest A. Man
Emilio Masi V. ft
Alphonse Dol
Ulisse Boccacd
...C.
D. C.
...C.
Swits..
D.C.
.A«t.
V. C.
D.C.
.Agt.
...C.
D.C.
.Agt.
.Agt.
...C.
Italy...
Italy...
Pa
Italy...
Italy...
Italy...
Pa
Italy...
France.
Italy...
Italy.
Pa...
Italy.
Italy.
Pa...,
Italy.
Cal..,
Italy.
Pla...
Italy.
Italy.
Italy.
April ap.
Mar. 13.
Mar. 3.
June 9.
April 99.
Dec. 10.
Aug. 9.
Nov. a7,
June S4.
Oct. 14.
June 7,
Jan. 30,
1695
lOOS
1883
1881
1907
1883
X90X
188s
1907
1889
1897
1904
$ei00o
3,000
Joseph H. Peirce V. ft
Nicola Siles
James B. Dunning*
Ernest Santi V. ft
A. Homer Byington*
Homer M.Byington. .V. ft
Zefirino G. Massimino
Homer M. Byington
WilBam H. Bishop
Giovanni Patemiti. . .V. ft
Hector de Castro (n)
Charles M. Wood. .V. ft D.
Aristodemo Raggi D.
Charles M. Wood
Albert H. Michelaon
Hujo Pizz3tti
D.C.
.Agt.
...C.
D.C.
...C.
D.C.
D.C.
C. C.
.Agt.
...C.
D.C.
C.6.
C.G.
C. G.
C. C.
...C.
V. c.
...c.
D.C
Italy...
Italy...
Me
N. Y...
D.C...
Italy...
D.C...
Italy.
Italy.
Me....
Italy.
Conn.
Conn.
Italy.
Conn.,
Dec. xo,
April aa,
April XX.
June 4.
July 87.
Sept. 19.
May 8.
Mar. 3x.
X900
X907
190S
X907
1897
X900
X903
X903
Conn. . .
Italy...
Tiirkey
Vt
Italy...
Vt
Md....
MalU..
Alexander Thayer V. ft
Roger S. Greene C.
Charles Lyon Chandler V. C.
Charles Lyon Chandler. Stud.Int .
Hunter Sharp C.
Walter Gassctt V. ft D. C.
Walter Gassett Int.
George H. Sddmore C.
Carleton Miller V. ft D. C.
Carlcton Miller Int.
Thomas Sammons C. G.
Gordon Paddock V. C. G .
Int.
Conn.
Italy.
N.Y.
Vt. . .
Italy.
Vt...
Mass.,
Italy.
Mass.
Mass.
Mass.
N. C.
Mass.
Mass.
Iowa.
Iowa.
Iowa,
N.Y.
N.Y,
Dec. X3.
Oct. a6,
June a8.
Feb. xa,
Nov. a.
Mar. a4.
Jan. a9.
Aug. 9.
Mass...
N. C. ..
Hawaii.
Hawaii.
Wis. . . .
Iowa. . .
Iowa...
Wash..
N.Y...
X904
X900
1897
X884
X906
1873
X906
1895
Sept. s* 190a
Mar.
Mar.
Oct.
Mar.
Nov.
Nov.
Mar.
May
May
Mar.
July
30, X907
ao, X907
8, X906
xo, 1905
a9. 1905
39, X90S
30. X907
13. X907
X3. J^7
30, X907
17. 1906
$1,484.00
3.SOO
799.50
17.50
X. 954. 50
s.Soo
4,000
3.500
x.aoo
a.oeo
3.500
x.c
5.000
x,8oo
3.S00
x.aoo
5.500
* Appointed after examination under Executive order of September ao, 1895.
Digitized by
Google
U8T OF OONSULAB OFFI0BR8
JAPAN— MEXICO.
339
Plactt.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
commission.
Salary.
Pees, year
ending
June 30,
1906.
Tamsidt FormoM
Do
Yokohama
Do
Do
Do
Hakodate
KONGO, IHDEPBNDEirT
STATE OF.
Boma
Do
Do
Jnlaan H. Arnold C.
G. Padgett Tayler. . . . V. & D. C.
Henry B. Milter C. 6.
Elwood G. Babbitt. V. & D. C. G .
Henry P. Pratt D. C. G.
Elwood G. Babbitt Int.
Edward Julian King Agt.
James A. Smith C. 6.
Luden Memminger, V. ft D. C.G .
Luden Memmingerf C. C.
LIBERIA.
MonroTia
Do....,
MEXICO.
Acapnlco, Guarrero
Do
Salina Cms
Aguascalientes, Agnascal-
ientes.
Do
Chihuahua, Chihuahua . . .
Do
Parral. ,
Ciudad Juarex, Chihuahua
Do
Ciudad Porllrio Diaz, Coa-
huite.
Do
Sierra Mojada
Durango, Durango
Do
Torreon
Enteoada, Lower Calif ora.
Do
Hermosillo, Sanora
Do
Alamos
Guaymas
Jalapa, Veracnu
Do
Emaat Lyon (n)
A. P. Camphor
...tC.G.
.V. C.G.
Cal
England
Ohio.
Ohio.
Mass.
Ohio.
N. Y.
Mich. . .
FU....
Fla....
Hond.
La....
Cal
Formosa
Oreg
Mass. . . .
Mass.
N. Y.
Vt...
S. C.
S. C.
Md.
La..
June 27, 1906
June 13. 1907
Mar. 8, 1905
July 7, 1906
May 90, 1907
July 6, 1906
Mar. a, 1904
Mar. 30. 1907
April 3, 1907
Mar. 30. 1907
Mar. 16, X903
Sept. xa, X903
$3,000
6,000
1.800
$163. oS
4,SOO
C.
Fred M. Hummel V. C.
Warren W. Rich V. C.
Walter D. Shaughn— y C.
Prank T. Anderson. .V. ft D. C.
Luther T. Ellsworth C
Charles M. Leonard (n), V.ft D.C.
James J. Long Agt,
Thomas D. Edwards* C ,
John W. Gourley V. ft D. C.
Lewis A. Martin* C.
John A. Bonnet (n). . . V. & D. C.
Agt,
Charles M. Freeman C ,
Walter C. Bishop V. ft D. C
George C. Carothers Agt,
Eyerett E. Bailey C
James Moorkens V. C,
Louis Hoaketter* C
Robt. S.Van R.Gutman.V.&D.C
Charles A. Hardy Agt
Charies D. Taylor Agt
John B. Richardson C
WiUiam K. Boone. . .V. ft D. C
N. Y. . .
N. Y...
Utah...,
Utah...
Ohio. . .
N. B...,
Pa
N. Y...
W. Va.
Tex
N.Y...
Utah...
Colo...
Ohio. . .
N.Y...
Pa
S.Dak.
Tex....
W. Va.
Ger.
Tex.
Me
Kans...
Tex
in
Belgium.
N. Y....
N. Y....
Conn. . . .
N. Y....
Vt
Ohio
Aug. 17, 1906
July xa, X907
April 9, 1907
June 30, 1906
Mar. 30, 1907
Sept. a9, X9oa
April X, 1895
June 30. X905
April XX, X907
July x8, X90X
Aug. a6, X904
649.
9.500
3.500
N. H..
Kans.
Tex. . .
m....
Mex..
Nebr. .
N.Y..
Mass..
N.Y..
Kans .
Ohio..
Mar. 30.
Dec. X9,
Jan. 8.
May aa.
July ao.
May X.
Aug. a4.
Mar. 30,
Oct. XX,
Mar. a3.
Jan. 30,
X907
X9oa
X9oa
X900
X907
X905
X90S
1905
X906
X90S
X906
699.00
I85S.0
s.ooe
* Appointed after examination under Executive order of September ao. 1895.
t Appointed after examination under Executive order of June 97, 1906.
X The Consul-General is also Minister Resident.
I Incomplete retunt.
Digitized by
Google
S40
THE AMERICAN JOUBNAL OF XMTXBNAXIONAL LAW
MEXICO-MOROCCO.
PlAce.
Name and tide.
Wbm
bom.
Whence
pointed.
Date of
commission.
Sakvy. i
Pees, year
ending
June 3o,
XQ06.
La Paz, Loip« CaliloniU.
Do
HanzaniUot C^ ^B'y*^
Do
Hatamoroa, TamaolljMM.
Do
Do
Topolobampo
Mexico, Maieo
Do
Guadalajara
Guanajuato
Oaxaca
PuebU
Zacatecas
Monterey, Vueva Leon
Do
Victoria
Hogalei, Sonofa
Do
Cananea
nueTO Laraia^XafluraJipas
Do
Procreao, Tucatan
Do
Campeche
Laffuna da Termiaoe,
Do
Xamsko, TamavHsaak .
Do
San Luis Potosi . . . .
Tuzpain* Vancraz
Do
Veracruz, Veracruz
Do
Coatsacoalooa'.
Prontera
TlaeotalxMUi
George B. McGoogan* C.
WiUiam saver V. C.
Carl F. Deichflumt. C.
Richard M. Stedden . . V. A D. C.
P. Merrill GfUlilli C.
J. Bieienbeig (n) V. C.
Louis Kaiser (n) C.
Gustavus A.Kaiaer (n). V.&D.C.
John G. Dawkins Agt.
Alfred L. M. GottKhalk. ...CO.
Albert de Baer. . . . V. & D. C. G.
WiUiam B. Davis Agt.
Dwight Fumess Agt .
Charies H. Arthur Agt.
William M. Chambers t Agt.
Ralph J. Ramer Agt.
Phillip C. H*"»* C. G.
T. Ayres Robertson, V.AI D.C.G .
Waiiam J. Storms Agt.
C.
V.&D.C.
J. B. Breathitt Agt.
Alonzo B. Garrett! C.
James G. Burr V. A D. C.
SdsvBfd H. Thompoon C.
John M. GUkey V. & D. C.
Rafael Ramirez Agt .
Robert S. Boyd Agt .
Victor L. Dohaime (n)| C.
Thomas N. Jcffcris V. C.
C.
NeiU B. Piessly V. C.
Sewall E. Cross Agt.
J. Lespioaase C.
V. C.
William W. Canada C.
Ernesto Lux V.&D.C.
Alfred Roland Stubbs Agt.
Agt
Agt.
Ind..,.
Cal...
Mo....
ni
Ohio. . .
Den
Ger
Ger
England
N.Y....
La
Tex
Ind
Mo
Colom . ,
Mo
Iowa
Mo
N. Y....
Ind
Cal
Mo
Fl^
Ohio
La
Ill
ni
Mexico. .
N. Y....
Mich....
Celo....
MesrioD..
Mo
Pa
OkU. . . .
Iowa
Mo
N.Y....
» 97.
Jan. 10,
Mar. 30,
Oct. XI,
May 3X,
June X.
April I.
Dec. 9.
Oct. 3»
Dec. ao,
Sept. 15.
Dec 1.
Dec. Ot
Aug. ij.
April 5.
Dec. XI.
Nov. X.
Fab. 8.
Oct. x».
1906
XO07
1907
X406
1898
»«9*
1498
1899
X905
190S
X906
»904
»889
»899
1907
X906
1899
190s
»898
fit, 000 .
s.soo .
S.500 .
Ariz. . .
W. Va.
Tex
Ky....
W. Va.
Kans..
Mass...
Arte. . . .
I Mexico. .JMexico.
Oa Ga
Canada . N. H. . .
Pa Pa
Aug. 13, X906
Sept. ax> 100 X
Decr 5. S903
June S5. »897
Jnam^ a4v 190*
May 7, X907
Sept. 6, 1906
Dec. x», t^^s
Sept. ao. x9oa
S.C N.C...
Me M^
N. Y....1n. Y...
Feb. 8. rSBs
Oct. 30. X90X
Jan. a8. rooa
lit46.oo
6.000 .
SS7.S©
173 00
»»9SO
863 . 00
71.00
3.500 .
4S.OO
s.soo .
a, 708. 80
f »joo .
aa7.oo
rBs. 75
3,000 .
.3*7-47
Ind. .... Ind. ...
Ger .Mexico.
N. Y.... N. Y...
June 7. 1897
Nov. a8, 1903
Oct. 9t 1901
MOBOCCO.
Tanciar
Do
Da
CasaBlaaoa.
Mogador
Hofhaan Philip C. G.
PhiUp Bayawl. . V. & D. C. G. . .
Int.
Conrad H. Tool. Agt.
George Broome Agt.
D. C.
Ger
England
458-98
5"-*3
aat.oo
N. Y ..
Jaa. XI, 1906-
Oet. 10. X906
3,500 .
Moiocco
Morocco
ijune a4. 1904
Sept. 17, X891I-.
rss.oo
t$7.5o
* Appointed after examinattion under Executive order of November ro, 1905.
t Appointed after examination tmdar Saoscutive order of June 97. 19001
t Bom of American parents residing abroad.
I Appointed after examination under Executive order of September xo. 1895.
II Incomplete returns.
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Google
LIST OF OONSULAB 0FFI0XB8
NETHERLANDS AND DOMINIONS-OMAN.
84!
Place.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
commission.
Salary.
Pees, 3rear
ending
June. 30.
X906.
HBTHBRLAHDS AHD
DOMINIOHS.
Amsterdam
Do
Batavia, Java
Do
Macassar, Celebes.
Padang. Sumatra. ,
Samarang
Serabaya
Curacao, W.I. ..
Do
Bonaire
Rotterdam
Do
Do
Flushing
Luxemberg. Luxembiirg
Schiedam
MICARAGUA.
Cape Gradas a Dios. .
Do
Managua
Do
Corinto
Matagalpa
San Juan del Sur. .
San Juan del Horte. . .
Do
Bluefields
Henry H. Morgan C.
Augusts. Docen V. & D. C.
Bradstreet S. Rairden C.
Leopold T. Hassmann V. C.
Wiebe P. de Jong Agt.
Johann Schild Agt.
B. Caulfield-Stoker Agt.
Benjamin fi. Powell Agt.
EKas H. Cheney C.
Christoffel S. Gorsira V. C.
Gottlob W. Hellmund Agt.
Soren lisloe (n) C. 6.
A.H.Voorwinden(n). V.ft D.C.G.
John G. Lamont D. C. G.
Pieter F. Auer Agt.
Ernest Derulle (n) Agt.
Anders C. Nelson (n) Agt.
Edwin W. Trimmer C,
William H. Seat V. C.
Joa^deOttvareet C
V.C.
La
Neth....
La
Ger
Java
Austria .
Ireland .
England
N. H....
W. I....
Bonaire .
Den
Neth....
N.Y....
Neth....
Lux. . . .
Den
N.Y..
Tex. . .
Cal...
La
Neth....
Me
Java. . . .
Celebes .
Sumatra
Java. . . .
Java
N.H....
W. I....
Bonaire .
Minn. . . .
Md
Pa
Neth....
N.Y....
lU
N. Y..
Ark...
Mo...
April 99,
July JO,
Oct 10,
July 7.
May 2g,
Mar. 91.
Nov. 13,
Oct. 39.
Feb. a.
June IS,
Jan. 9.
*May 15
Sept. a.
Oct. 8.
Jan. s.
Mar. 33.
Aug. 13.
1907
Z906
Z900
190a
Z906
Z906
1899
1897
X899
X906
Z900
z9oa
X9oa
1903
1899
1904
X90X
♦4.S00
$az7 00
730.00
6a8.5o
990.50
a, 500
4.S00
975.00
Z39.00
9,686.00
June 9X, X905
April 94, X907
June 93, X906
3,000
RORWAT.
Bergen
Do
Trondhjem
Chrittiania
Do
Qiristiansand. . .
SCavanger
Do
Henry H. Leonard Agt.
William H. De Savigny (n) . Agt .
Charles Hclmaxm Agt.
Frederick M. Ryder (n) C.
Henry A. Paton V. & D. C.
Michael J. Qancy (n) Agt.
Felix S. S. Johnaon C
Thorvald K. Beyer V. C,
Claus Berg Agt
Henry Bordewich (n) CO
Michael Alger (n) V. C. G.
Berne Reinhardt Agt.
BertU M. Rasmusen C
C. F. Falch V. A D. C,
Ind. . . .
Caxutda
Ger....
Canada
Nic...
Ireland
D. C. . . .
Norway .
Norway .
Norway.
Norway.
Norway.
Iowa
Norway..
Ind. . .
Minn.
Nic,
Conn.
Nic.
Ind. .
N.J..
Norway.
Norway .
Miim. . .
lU
Norway
Iowa. . .
Norway.
Mar. 19, X907
Jan. 94. 1905
April xo, 1886
Mar. 8, 1905
April 99, Z904
Jan. 90, X905
Aug. i7> X906
April X4> 1900
Sept. 94, 1898
May 9, X900
Dec. 8, Z905
May X. X897
Jtme 99, X905
July 19, 1907
x.oot.co
6.00
x7a.So
3.500
946.38
95a. 50
917. 50
9,000
OMAR.
it..
Do.
William CoiBnt C.
Mahomed Fasel D. C,
Ky...
India.
Ky June 98, 1906
Oman. . . Jan. zo, 1893
a, 000
* Commission to take effect July z. Z909.
t Appointed after examination under Executive order of November lo, 1905.
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849
THE AMEBICAN JOUBNAL OF n^TEKWATIONAL LAW
PANAMA-PORTUGAL AND DOMINIONS.
Place.
Name and title.
Where
born.
Whence
ap-
pointed.
Date of
commission.
Salary.
jFees, yeaf
ending
June 30,
Z906.
PAHAMA.
Colon
Do
Bocas del Tora.
Panama
Do
Do
Santiago
PARAQUAT.
Do.
Jamaa C. Ktllogi C.
se M.Hyatt V. ft D. C.
Louis P. Ryan Agt.
Arnold ShankHn C. G.
Felix Bhrman (n) V. C. Q.
Caspar L. Dreier D. C. G.
Nathaniel J. HUl Agt.
Edward J. Norton* C
V.C
Mist.
Md..
Mo....
France.
Iowa. . .
Minn.
La....
Md...
U.S..
Mo...
La....
Mo...
U.S..
Tenn.
May 87, 1 90s
May 3, 1904
Dec. 14. IOCS
Sept. as, 1905
Aug. 8, Z906
April XI, 1907
June 3. X904
Mar. 30, X907
♦4,000
$1,361.00
S.soo
PBR8U.
Tateix
Toharan
Wilttam F. D0C7.
John Tyler
...C.
.Agt.
PERU.
Do
Bten
Mollendo . .
Paita
Salaverry.
Iqidtof
Do
Samuel M. Taylor C. G
C. Hamilton Jones. . .V. & D. C
Juan A. Loredo Agt
Enrique Meier Agt
John P. Brophy Agt
Cecil H. H. Caldicott Agt
Charles C. Eberhardt C.
GuyT. King V.C
N.Y....
BnglAnd
Ohio
England
Peru
Ger
Canada .
England
Kans...
Tex
N.J...
Penia..
Ohio. . .
Peru. . .
Peru. ..
Peru. ..
Peru. . .
Peru. . .
Kans...
Tex. . . .
PORTUGAL AHD DOMIE
I0H8.
Pmichal, Madeira
Do
Lisbon
. Do
Faro
Oporto
St. Vincent. C. V. I. . .
Setubal
Loomoo Marques, East
Africa
Do
Beira
81. Micbaai's, Azores
Do
Fayal
Bkket C.
William J. G. Jleid. . . V. & D. C.
Louis H. Ayml C. G.
Robert H. Kinchant,V.&.D.C.G .
Antonio C. Ascenilio Agt.
Agt.
J. B. Guimaraes Agt.
Alphonso H. O'Neill Agt.
W. Stanley HoUU C.
FriU Bridler V. C.
Agt.
John F. Jewell C.
Wm. W. Nicholls (n).V. & D. C.
Moyses Benarus Agt.
Mo
Madeira.
N. Y....
England
Portugal Portugal
Mo..
Madeira.
lU
Portugal
C. V. I . .
Portugal
Mass. . . .
Sn^U...
Ill
England
Aaores. .
June aa. 1906
Aug. x8. X906
June 29, X906
June ax, 1904
Jan. XX, X907
June a, 1893
April a6. X907
Aug. XX, X90S
May a4, 1906
Jan. 8, X907
Feb. a. 1906
Aug. x6, 1889
May a4, X906
June 30, X906
May 7, X907
3,000
t3S400
t445 0O
t7i6.oo
t330. as
3,000
C. V. I..
Portugal
Mass....
Del. Bay
111
Mass...
Asores.
a. 000
3.S00
Jan. as, X89S
May s. 190S
497. so
x,xo7.so
a8s.oo
aoo.oo
J«i.
Aug.
6. X898
9. 1900
S,ooo
June aa, 1906
Sept. s. 1899
June xo, X899I
3,000
* Appointed afte^ examination under Executive order of June a?, X906.
t Incomplete returns.
t Appointed after exanoination under Executive order of November to. X905.
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LIST OF CONSULAR 0FFI0SB8
PORTUGAL AND DOMINIONS— SERVIA.
348
PUoe.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of.
commission.
Salary.
Fees, year
ending
June 30,
1906.
Flores
James Mackay Agt.
Azores. .
Azores. .
Azores. .
Azores. .
Roum. . .
Ky
Russia..
N.J....
N.J....
Oct. 17, 187a
Jan. 7. 1879
Sept. 17. 187s
Dec. a. 1884
June a a, 1906
June 13. 1907
July IS. 1901
July a6, X901
$a.ooo
$45 • 50
46.50
46.00
Smi JoTBe
Terceira
Henrique de Castro A«t.
tCG.
Wm. G. Boxshall V. C. G.
Wilfiam W. Masterson C.
Emcrio Mattievich V. C.
Samuel Smith C.
Thomas Smith V. C.
c.
Azores. .
England
Ky
Russia. .
N.J....
N.J....
ROUMAHIA.
Bucharest
Do
R08SU.
Butam -
a. 500
Do
MOMOW
a, 500
Do
Odfwn
3.500
Do
Alfred W. SmithJ. . . . V. & D. C.
George R. Martin Agt .
Alexander Heingartner C.
Laurance Hill V. & D. C.
Frank D.ffiU CO.
John MueUer (n). V. & D. C. G.
Moritz Kramer. , Agt .
Peter Wigius Agt.
Victor Ek Agt .
Hugo Smit Agt .
Christian Rotermann Agt.
C. Edwin Ekstrom Agt.
Paul Hash C.
Nicholas Gray V. C.
, Int.
Russia..
Russia. .
N. Y....
Russia . .
Minn
Russia. .
Russia . .
Sweden .
Russia. .
Russia. .
Russia. .
Russia. .
N. Y....
Vt
Russia . .
Ohio. . . .
Russia. .
Minn. . .
Pa
Russia. .
Russia . .
Russia. .
Russia. .
Russia. .
N. Y....
Cal
June 19, Z906
Oct. a3, 1903
June aa. 1906
Jan. a4. 1907
April a9. 1907
Jan. I a. 1904
July I. 1 90s
Mar. a I. 1883
June 30. 1906
April 21, 189a
July 3'. 1902
Feb. 20. 189a
Mar 30. 1907
Dec. 3. "Q06
Rostoff-on-Don
Riga
a, 000
145.00
Do
St.Petenl>urK
5,500
Do
Abo
31.50
Cronstadt
Helsingfdrs, Finland . . .
Libau
3.S00
77.00
637-00
35.50
3».50
Revel
Wibor«
Vladiyostok, Siberia
Do
Do
1,200
a, 000
Warsaw
Augustus E. Ingram C.
WitoldFuchs V. C.
Samuel E. Magill C. G.
V. C. G.
Pa
Ger
Pa
Cal
Russia. .
Ill
Mar. 30, 1907
July a a. 1903
May as, 1907
Do
SALVADOR.
San Salvador
3.SOO
Do
Acajutla
Frank WaRer Agt.
P.P.Walker Agt.
Samuel F. Lord Agt.
MazweU K. Moorhead C.
Pa
England
N. Y....
Pa
SwiU...
Pa
Salvad'r
Cal
Pa
Servia..
May 7. 1903
Sept. 19, X90S
Jan. 8. 1900
June 97, 1906
June 30, Z906
a, 000
X. 099. 00
347.00
453. 00
La Libertad
La Union. ^ - r . - - - r r -
SBRVIA.
Btlsmde
Do
Christian Vogeli V. C.
'
t The Cottsul-General is also Secretary of Legation.
I Bom oi American parents residing abroad.
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344
THE AMERICAN JOURNAL OF INTERNATIONAL LAW
SIAM-SWBDEN.
Place.
SIAM.
Bangkok.
Do..
SPAIN AND DOMINIONS
Barcelona
Do
Bilbao
Conuma
Palma de Mallorca
San Feliu de Guixols . . .
Santander
Tarragona
Vigo
J«r«a de la Pronttra
Do
Madrid
Do
Do
Do
Do
Do
Almeria
SeviUe
Do
Cadiz
Huelva
Port St. Mary's
Teneiille, Canary Islands.
Do
Grand Canary
La Palma
Valencia
Do
Alicante
Carthagena
Denia
Name and title.
John Van A. MacMurray* . tC. G.
James W. White V. C. G.
Benjamin H. Ridgely C. 6.
H. Henderson Rider. V.& D.C.G.
Luis Karakadze (n) Agt.
Enrique Praga Agt .
Lorenzo Roses y Siragusa. . .Agt.
Francis Esteva (n) Agt,
Faustino Odriozola Agt.
Louis J. Agostini (n) Agt .
Enrique Mulder Agt .
Hilary S. Brunot C.
Emanuel W.Femandez,V.& D.C.
C.
Maddin Summers V. C.
Jos^ Maria Gay D. C.
Maddin Summers C. C.
CharlM M. Caughy C.
Thomas R. Geary V. C.
Albert S. Troughton D. C .
Algar E. Carleton Agt.
Louis J. Rosenberg (n)* C.
Charles Karminski. . .V. & D. C.
Antonio J. Bensusan Agt.
William J. Alcock Agt.
Geor){e M. Daniel Agt.
Solomon Berliner C.
Robert C. Griffiths V. C.
Peter Swanston Agt .
.Manuel Yanes Agt.
Charles S. Winans C.
Joseph L. Byrne V. & D. C.
Henry W. Carey Agt.
Alexander J. Marks Agt.
Luis Tono Agt .
SWEDEN.
Oothanbure.
Do
Malmo
Stockholm. ..
Do
Do
Sundsvall.
Where
bom.
N. y...
D.C...
Tenn
P.I
Tenn. . . .
Md
Spain . . .
Spain . . .
Vt
Russia. .
Ger
Spain . . .
Ireland .
England
N. v....
Wales. ...
Can. Isl.
Can. Isl.
N. Y....
Ireland .
Spain . .
Spain . . .
Spain . . .
C.
Carl W. E. Lindquist . . V. & D. C .
Hugo Lindgren Agt .
Edward L. Adams CO.
AxelGeorgii V. C. G.
Carl E. A. Friberg (n). . .D. C. G.
Victor Svensson Agt.
Sweden
Sweden
N. Y...
Sweden
Sweden
Sweden ,
Whence
ap-
pointed.
Date of
commission.
May lo. 1907
Oct. 34, 1905
Tenn. . .
P.I...
Tenn. . .
Md....
Spain. .
Spain. .
Vt
Mich...
Spain. .
Spain. .
Spain. .
Spain . .
N. Y...
Can. Isl
Can. Isl
Can. Isl
Mich...
Spain . .
Spain. .
,Feb. 16.
I May xo.
iJuly a7.
Spain.
I
April 20,
July 3.
Jan. s.
May XI.
June a8.
Aug. »6.
June 21.
April 4.
lApril 7.
ijuly x8,
Jan. XI,
Jan. XI,
Jan. II,
Mar. 30,
June 19,
Feb. 85.
Aug. 30,
Nov. a.
Sweden .
Sweden .
N. Y....
Sweden .
Minn. . . .
Sweden .
IQ05
1907
1899
1907
1899
1003
X899
1906
X905
1904
X90X
1 90s
1890
1900
1900
1900
1907
1900
1 90s
X906
1906
July 19. 1902
Nov. 7, 1903
June 23, X906
Aug. X. X90S
Aug. X. 1905
July 8, X898
Salary.
Sa.ooo
2,soo
X,200
3.000
3.000
2,SOO
Pees, year
ending
June 30.
1906.
S884.00
330.00
X. 041. 00
326.00
615.00
661.00
1.846.50
676.7^
899.00
1.346.50
669.3s
251.97
522.50
484.00
460.00
646.33
3S.30
• Appointed after examination under Executive order of November 10, 1905.
t The Consul-Genera] is also Secretary of Legation.
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UST OF OONSULAB OFFI0EB8
SWITZERLAND—TURKEY AND DOMINIONS.
345
Place.
SWITZBRLAIID.
Do.
Do
Cbaux-de-Pondt .
Ocnera
Do
Vevey
LocOTiie
Do
Aarau
8t.GmU
Do
Do
Zarlch
Do
Winterthur
TURKEY AHD DOMnf-
I0E8.
Alanndrctta, Syrk. ...
Do
Do
Aleppo
Mersine
BMdad
Do
Bassorah
Beirut, Syria
Do
Damascus
Haifa
Tripoli
Cairo, EcTPt
Do
Alexandria
Assioot
Port Said
Sues
Cooitandnople
Do
Do
Do
Do
Name and title.
George Gi£Ford C.
Samuel HoUinger V. & D. C.
Jamai Jeffrey Rodie (n) C .
Leo J. Frankenthal. . . V. & D. C .
Ernest L. Phillips Agt.
Francis B. Keene C.
Louis H. Munier V. & D. C.
Theodore F. Dwight Agt.
Robert E. MansAdd C.
Julius Hartmann V. ft D. C.
Agt.
Silas C. McFarland C. G.
Hernando de Soto*. V. & D. C. G .
Hernando dc Soto* C. C.
Adam Ueberknecht (n) C.
Joseph Simon (n) V. ft D. C
Hermann Gruebler Agt.
Where
bom.
Me
Switz . . .
Ireland .
Mass. . . .
Pa
Wis
Switz . . .
N. Y....
Iowa. . . .
Switz. .
Whence
ap-
pointed.
Me
Swits . . .
Mass....
Mass....
lU
Wis
Switz . . .
Mass. . . .
Ind
Swiu . . .
Jan. II,
Jan. a,
April 29,
Mar. 13,
Nov. 10,
Mar. 33,
May 10,
Mar. a8,
June aa,
July 31.
Iowa. . . . Iowa. . .
Je«o B. JaclDont C.
David Lorimer V. C.
Lorento Y. Manachy Int.
Frederick Poch^ Agt.
John Debbas Agt.
William C. MagslMen C .
Albert E. C. Bird V. C.
Henry P. Chalk Agt
Gabriel Bie Ravndal (n). . . .C. G.
George Sverdrup, jr. V.& D.C.G
Nasif Meshaka Agt .
Theodore J. Struve Agt.
Ira Harris Agt.
Lewis M. Iddings ICG
Norman Morrison. . V. ft D. C. G
E. Alexander Powell Agt
George Wissa Bey Agt
Harry Broadbent Agt
Frederick T. Peake Agt
Edward H. Ozmon C. G
William Smith-Lyte.V.ft D.C.G
Oscar S. Heizer D. C. G
William Smith-Lyte Mar
Arshag K. Schmavonian. . . .Int
Ger. . .
Ger. . .
Ger...
Ger...
Switz.
Ohio
Scotland
Turkey .
Atistria .
Turkey .
Minn
Japan. .
England
Norway.
Minn
Syria .. .
N. Y....
Ohio
England
N. Y....
Egypt .
England
England
Minn. . . .
Ttirkey .
Iowa. . . .
Turkey .
Turkey .
Cal...
Cal...
111...
Mo...
Switz .
Ohio. . .
Syria . .
Turkey
Syria . .
Turkey
Minn. . .
Turkey
Turkey
S.Dak.
Minn. . .
Syria . .
N.Y...
N. Y...
N.Y...
Egypt .
N.Y...
Egypt .
Egypt .
Egypt .
Minn. . .
Turkey
Iowa. . .
Turkey
Turkey
Date of
commission.
1884
1897
1907
1900
190s
1905
1899
1904
1906
1902
Mar. 30,
May 99*
Feb. 7.
July 17.
July a8,
Oct. 10.
Mar. 17.
July X,
Feb. »5>
July a4.
Jan. a3.
June aa.
Jtme i9t
July 5.
June 99,
Feb. 14.
April aa.
Mar. at.
Mar. 3.
Mar. a3,
May ai.
Jan. a8,
June as.
Nov. 17.
July 39,
June a a.
June a.
May ax.
Feb. IX,
April 9>
1907
1907
X9oa
X897
1904
X90X
1905
1903
1905
1873
1907
1906
1907
1904
1906
1907
1870
1906
1890
1905
1907
1907
1903
1900
190S
X906
X9oa
X906
X9oa
X900
Salary.
Fees, year
ending
June 30.
Z906.
$3,500
3.500
$a. 347.00
3.500
3.500
4.500
x.ooo
3.500
400
4.500
6,500
6.000
llx.ooo
x.ooo
1,665.50
858.50
315.00
xa8.50
rn.oo
4SX.S*
55.00
91.00
a , 009 . 00
59a 50
493.00
* Bom of American parents residing abroad.
t Appointed after examination under Executive order of September ao, 1895.
t Incomplete returns.
§ The Consul-General is also Agent.
Digitized by
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346
THE AMSRIOAjr JOUBKAL OV IHTEBNATIONAL LAW
TURKEY AND DOMINIONS-ZANZIBAR.
Place.
Name and title.
Where
bom.
Whence
ap-
pointed.
Date of
Salary.
Fees, year
ending
June 30,
1906.
Constantinople — Cont . .
Do
Dardanelles
Salonild
Harput
Do
Jerusalem, Syria
Do
Jaffa
Siyas
Do
Sk&yma
Do
Do
Mitylene
Frebiaond
Do
Do
Samsoun
URUGUAY.
Montavidao .
Do....
VKUBZUELA.
La Ouaira
Do
Barcelona
Caracas
Carupano
Ciudad Bolivar.
Maracaibo
Do
Do
Coro
Tovar
Valera
PnartoCabaUo
Do
ZAHZmAR.
Zaniibar.
Do..
WiUiam Smith-Lyte Int.
Oscar S. Heiaer Int.
Frank Calvert Agt.
Pericles H. Lazzaro Agt.
Evan E. Yonngt C.
Felix Margot V. C.
Thomas R. Wallace C.
Herbert E. Clark V. C .
E. Hardegg Agt.
C.
Turkey
Iowa. . .
Malta..
Turkey
Ohio. . .
Swits. .
Pa
N. H...
Ger
Turkey
Iowa. . .
Ttxrkey
Turkey
S.Dak.
Turkey
Iowa. . .
Syria . .
Syria . .
Jan. 30,
May ai.
June xo.
Feb. a I,
Aug. 12,
June XQ.
Mar. 30,
July 30.
Dec. 7.
1904
1906
1874
1870
1905
X907
1907
1887
1871
Lazaraki Jordanidis Int.
Ernest L. Harris C.
Ernest A. Msgnifico (n). . .V. C.
James W. WQkinson D. C.
Michael M. Fottion Agt.
Mik> A. Jewettt 0.
Isaiah Montesanto V. C.
Isaiah Montesanto Int .
William Peter Agt.
John W.O'Hara C.
James H. O'Hara. . . .V. & D. C.
Thomas P. Moffat C.
Herman F. Betow V. C.
Ignacio H. Baiz Agt.
Rudolph Dolge Agt.
Jos^ Blasini. Agt,
Robert Henderson Agt ,
Eugene H. Plumacher (n) C.
August Otamendi V. C.
F. E. Shemel, Jr D. C.
Josiah L. Senior Agt .
Wilhelm J. H. Much^ Agt.
Agt.
James W. Johnson! C.
Edmond A. BurriU. . . V. & D.^C.
Turkey
Iowa. . .
Italy. . .
Turkey
Russia.
Turkey
Turkey
Turkey
Switz. .
Turkey
lU
Mass...
Turkey
Turkey
Mass...
Turkey
Turkey
Turkey
Jan. 24.
July as.
June a6,
Sept. IS.
Aug. z8.
Dec. II,
Aug. 18.
Sept. a7.
Sept. 19.
1907
1906
X9oa
X906
1868
1905
1906
Z906
X906
$1,500
3,000
mo
*739
00
34
3,000
a, 000
*S7
00
800
3.500
a, 500
♦a
.00
♦358.00
Ind.
Ind.
Ind.
Ind.
Mar. Z4, Z905
Mar. 23, 1907
3.500
N. v....
Minn
St. Thos.
N. Y....
Venez. . .
N. Y....
Ger
Curasao .
Venez. . .
Curasao.
Ger
N. Y..
Minn..
Venez.
N. Y..
Venez.
Venez.
Tenn. .
Venez.
Venez.
Venez.
Venez.
Sept. 30,
May a,
April II,
Jan. 8,
July 8,
June a6.
Feb. za,
June X,
July 8.
Aug. a a,
Feb. 15.
X905
1907
1881
1904
X904
1893
1883
X907
1907
Z891
1898
3,000
*i8o.oo
957.50
•aSx . 00
'x,azs.oo
a, 500
231.50
Fla....
D. C...
NY..
D. C.
Mar. a9, 1906
Aug. z. X906
Amos L. Sarie.
C.
....V,C.
R.I..
R.I.
Oct. 6. 1906
s,5oo
* Incomplete returns.
t Ai>i)ointed after examination tmder Executive order of September so. 1895.
t Bom of American parents residing abroad.
I Appointed after examination under Executive order of November zo. 1905.
Digitized by
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LIST OF CONSULAR OFFICERS
CONSULAR CLERKS.
847
Place.
Name.
Where
bom.
Whence
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Richard Westacott
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Dean B. Mason
1.800
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Maddin Summers
X.800
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OFFICIAL DOCUMENTS
NEWFOUNDLAND FISHERIES.
Diplomatic Correspondence between the United States and Great Britain leading
up to the conclusion of the Modus Vivendi of October 6-S, 1900. (The
Modus Vivendi of 1900 was published in the January Supplement, p. 27.)
Modus Vivendi of September 4-0, 1907.
The Secretary of State to the British Ambaesador.
No. 336.] Department of State,
Washington, October 19, 1906.
Exoellenot: Mr. Gardner, the Representative in Congress of the
Gloucester district, has placed in my hands a number of dispatches
received by him from masters of American vessels now on the Newfound-
land coast. These dispatches are answers to inquiries sent by him upon
my request for the purpose of ascertaining definitely, if possible, what
is the precise difficulty there.
These dispatches agree in the statement that vessels of American
registry are forbidden to fish on the treaty coast. One captain says that
he was informed that he could not fish by the inspector of the revenue
protection service of Newfoundland, and several of them that they had
been ordered not to take herring by the collector of customs at Bonne
Bay, Newfoundland.
It would seem that the Newfoundland officials are making a distinction
between two classes of American vessels. We have vessels which are
registered and vessels which are licensed to fish and not registered. The
license carries a narrow and restricted authority; the registry carries the
broadest and most unrestricted authority. The vessel with a license can
fish, but cannot trade; the registered vessels can lawfully both fish and
trade. The distinction between the two classes in the action of the New-
foundland authorities would seem to have been implied in the dispatch
from Senator Lodge which I quoted in my letter of the 12th, and the
imputation of the prohibition to the Minister of Marine and Fisheries
may, perhaps, have come from the port officers in conversation with the
masters of American vessels, giving him as their authority for their
prohibitions.
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350 THE AMEBICAN JOURNAL OF INTEBNATIONAL LAW
As the buying of herring and bait fish, which until recently has been
permitted for a good many years in Newf oundland, is trading, the Ameri-
can fishing fleet have come very generally to take an American registry,
instead of confining themselves to the narrower fishing license, and far
the greater part of the fleet now in northern waters consists of registered
vessels. The prohibition against fishing under an American register sub-
stantially bars the fleet from fishing. American vessels have also appar-
ently been in the habit of entering at the Newfoundland custom-houses
and applying for a Newfoundland license to buy or take bait, and I gather
from all the information I have been able to get that both the American
masters and the customs officials have failed to clearly appreciate the
difEerent conditions created by the practical withdrawal of all privileges
on the part of Newfoundland, and the throwing of the American fisher-
men back upon the bare rights which belong to them under the Treaty of
1818.
I am confident that we can reach a clear understanding regarding
those rights and the essential conditions of their exercise, and that a
statement of this understanding to the Newfoundland Government for
the guidance of its officials on the one hand, and to our American fisher-
man for their guidance on the other, will prevent causeless injury and
possible disturbances such as have been cause for regret in the past history
of the northeastern fisheries.
I will try to state our view upon the matters involved in the situation
which now appears to exist upon the treaty coast. We consider that —
1. Any American vessel is entitled to go into the waters of the treaty
coast and take fish of any kind.
She derives this right from the treaty (or from the conditions existing
prior to the treaty and recognized by it), and not from any permission or
authority proceeding from the Government of Newfoundland.
2. An American vessel seeking to exercise the treaty right is not
bound to obtain a license from the Government of Newfoundland, and, if
she does not purpose to trade as well as fish, she is not bound to enter at
any Newfoundland custom-house.
3. The only concern of the Government of Newfoundland with such
a vessel is to call for proper evidence that she is an American vessel, and
therefore entitled to exercise the treaty right, and to have her refrain
from violating any laws of Newfoundland not inconsistent with the
treaty.
4. The proper evidence that a vessel is an American vessel and entitled
to exercise the treaty right is the production of the ship's papers of the
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OFFIGIAJL DOCUMENTS 351
kind generally recognized in the maritime world as evidence of a veBseFs
national character.
5. When a vessel has produced papers showing that she is an American
vessel, the officials of Newfoundland have no concern with the character
or extent of the privileges accorded to such a vessel by the Government of
the United States. No question as between a registry and license is a
proper subject for their consideration. They are not charged with
enforceing any laws or regulations of the United States. As to them, if
the vessel is American she has the treaty right, and they are not at liberty
to deny it.
6. If any such matter were a proper subject for the consideration of
the officials of Newfoundland, the statement of this Department that
vessels bearing an American registry are entitled to exercise the treaty
right should be taken by such officials as conclusive.
If your Government sees no cause to dissent from these propositions,
I am inclined to think a statement of them as agreed upon would resolve
the immediate difficulty now existing on the treaty coast.
I have, however, to call your attention to a further subject, which 1
apprehend may lead to further misunderstanding in the near future if it
is not dealt with now. That is, the purposes of the Government of New-
foundland in respect of the treatment of American fishing vessels, as
exhibited in a law enacted during the past summer by the legislature of
that colony imder the title " An Act respecting foreign fishing vessels."
This act appears to be designed for the enforcement of laws previously
enacted by Newfoundland which prohibited the sale to foreign fishing
vessels of herring, caplin, squid or other bait fishes, lines, seines, or other
outfits or supplies for the fishery, or the shipment by a foreign fishing
vessel of crews within the jurisdiction of Newfoundland.
The act of last summer respecting foreign fishing vessels provides :
Section 1. Any justice of the peace, subcoUector, preventive officers,
fishery warden, or constable may go on board any foreign fishing vessel
being within any port on the coasts of this island or hovering in British
waters within three marine miles of any of the coasts, bays, creeks, or
harbors in this island and may bring such foreign fishing vessel into
port, may search her cargo, and may examine the master upon oath
touching the cargo and voyage, and the master or person in command
shall answer truly such questions as shall be put to him under a penalty
not exceeding five hundred dollars. And if such foreign fishing vessel has
on board any herring, caplin, squid or other bait fishes, ice, lines, seines,
or other outfits or supplies for the fishery purchased within any port on
the coasts of this island or within the distance of three marine miles
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352 THE AMERICAN JOCKHAL OF UTERSATIONAI. LAW
from any of the coasts, ^J^9 creeks; or harbots of this island, or if the
master of the said TesBel shall hare engaged or attempted to engage any
person to form part of the crew of the said ressel in any port or on any
part of the coasts of this island or has entered such waters for any
purpose not permitted by treaty or convention for the time being in
force, such vessel and the tackle, rigging, apparel, furniture, stores, and
cargo thereof shall be forfeited.
Sec. 3. In any prosecution under this act the presence on board any
foreign fishing vessel in any port of this island or within British waters
aforesaid of any caplin, squid, or other bait fishes, of ice, lines, seines
or other outfits or supplies for the fishery shall be prima facie evidence
of the purchase of the said bait fishes and supplies and outfits within such
port or waters.
It seems plain that the provisions above quoted constitute a warrant
to the officers named to interfere with and violate the rights of American
fishing vessels under the Treaty of 1818.
The first section authorizes any of the officers named to stop an
American vessel while fishing upon the treaty coast and compel it to leave
the fishing groimds, to prevent it from going to the places where the fish
may be, to prevent it from departing with the fish which it may have
taken, and to detain it for an indefinite period during a search of the
cargo and an examination of the master imder oath under a heavy penalty.
It is to be observed that this section does not require that the vessel
shall have been charged with any violation of the laws of Newfoundland,
or even that she shall have been suspected of having violated the laws of
Newfoundland as a condition precedent to compelling it to desist from
the exercise of its treaty rights, and virtually seizing it and taking it into
port. In the consideration of this provision it is unnecessary to discuss
any question as to the extent to which American vessels may be interfered
with in the exercise of their treaty rights pursuant to judicial proceedings
based upon a charge of violation of law, or even upon reasonable groimd
to believe that any law has been violated, for the authority for the acts
authorized appears to be part of no such proceeding.
When we consider that the minor officials named in the act, invested
with this extraordinary and summary power, are presumptively members
of the fishing communities in competition with which American fishermen
are following their calling, it is plain that in denying the right of the
Government of Newfoundland to do what this section provides for we
are not merely dealing with a theoretical question, but with the prob-
ability of serious injustice.
The third section of the act, above quoted in full, makes the presence
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OFFICIAL DOCUMENTS 353
on board of an American vessel of the fish^ gear — the implements neces-
sary to the exercise of the treaty right — prima facie evidence of a
criminal offense against the laws of Newfoundland, and it also makes the
presence on board the vessel of the fish which the vessel has a right to take
under the treaty prima facie evidence of a criminal offense under the
laws of Newfoundland. This certainly cannot be justified. It is, in
effect, providing that the exercise of the treaty right shall be prima facie
evidence of a crime.
I need not argue with the Government of Great Britain that the first
section of this act purports to authorize the very kind of official conduct
which led to the establishment in England of the rule against unreason-
able searches and seizures, now firmly imbedded in the jurisprudence of
both nations. Nor need I argue that American vessels are of right
entitled to have on them in the waters of the treaty coast both fish of
every kind and the gear for the taking of fish, and that a law undertaking
to make that possession prima facie proof of crime deprives them of that
presumption of innocence to which all citizens of Great Britain and
America are entitled. When the legislature of Newfoundland denies
these rights to American fishing vessels, it imposes upon them a heavy
penalty for the exercise of their rights under the treaty, and we may
reasonably apprehend that this penalty will be so severe in its practical
effect as to be an effectual bar to the exercise of the treaty right.
I feel bound to urge that the Government of Great Britain shall advise
the Newfoundland Government that the provisions of law which I have
quoted are inconsistent with the rights of the United States under the
Treaty of 1818 and ought to be repealed, and that, in the meantime, and
without any avoidable delay, the Governor in Council shall be requested
by a proclamation, which he is authorized to issue under the eighth
section of the act respecting foreign fishing vessels, to suspend the
operation of the act.
There is still another phase of this subject to which I must ask your
attention. I am advised that there is a very strong feeling among the
Newfoundland fishermen on the treaty coast against the enforcement of
the Newfoundland act prohibiting the sale of bait, and that at a recent
mass meeting of fishermen at the ^'Bay of Islands'' resolutions were
adopted urging the repeal or suspension of that act, and containing the
following clauses :
If our requests are not granted immediately we shall be compelled, in
justice to ourselves and families, to seek other ways and means to engage
with the Americans.
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854 THE AMEBICAN JOUBNAL OF INTEBNATIONAI. LAW
We would also direct the attention of His Excellency the Governor in
Council to what took place in Fortune Bay a few years ago when Capt
Solomon Jacobs seined herring against the wishes of the people, and
the result. If a similar occurrence should take place here, who will be
responsible?
This resolution indicates the existence of still another source from
which, if not controlled, may come most unloitunate results when the
American fishermen proceed to the exercise of their treaty rights — that
is, the Newfoundland fishermen themselves acting independently of their
Government.
You are aware that for a considerable period American fishing vessels,
instead of themselves taking herring, caplin, and squid upon the treaty
coast, have been in the habit of buying those fish from the Newfoundland
fishermen. For many of the Newfoundland fishermen this trade has been
a principal means of support. That has been especially so in and about
the Bay of Islands. It has been profitable to the local fishermen, and
it has been for the Americans a satisfactory substitute for the exercise of
their treaty right to catch the fish themselves. It is indeed not unnatural
that these fishermen should struggle in every way open to them to prevent
the loss of their means of support, and that if they cannot control their
own Government so as to secure permission to sell herring and bait, they
should seek to prevent the Americans from taking the bait, in the hope
that as the result of that prevention their profitable trade may be restored.
The resolution which I have quoted referring to the Fortune Bay case is a
clear threat of violence to prevent the exercise of the treaty right. If the
threat should be carried out it is too much to expect that some, at least,
of the American fishermen will not refuse to yield to lawless force which
seeks to deprive them of their rights and of their means of livelihood.
We shall do everything in our power to prevent any such collision,
and we shoidd indeed deeply deplore it, but the true and effective method
of prevention plainly must be the exercise of proper control by the Gov-
ernment of Newfoimdland over the fishermen of Newfoundland, and it
seems to me that the danger is sufiSciently real and imminent to justify
me in asking that the Government of Great Britain shall take speedy steps
to bring about the exercise of such control.
I have, etc., Elihu Boot.
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OFFICIAL DOCUMENTS 855
The Secretary of State for Foreign Affairs to the American Ambassador
to Great Britain.
No. 2993.]
Foreign Oppioe, February 2, 1906.
YouB Excellency : The views of the United States Government with
respect to the position of affairs on the coast of Newfoundland, and to the
rights of American fishing vessels in those waters under the treaty of
October 20, 1818, as set forth in Mr. Boot's note to His Majesty's ambas-
sador at Washington of the 19th of October last, and in your excellency's
communication of the 23d of that month, have received the serious atten-
tion of His Majesty's Government.
I have now the honor to inclose a memorandum dealing seriatum with
the six propositions formulated by Mr. Boot, and with his observations
with regard to some of the provisions of recent Newfoundland legislation
for the regulation of the fisheries.
As, owing to the prompt measures adopted and to the conciliatory
spirit displayed by both Governments, the fishing season has now closed
without any collision between the British and American fishermen, or the
development of any such friction as was at one time anticipated, it is
unnecessary to deal more particularly with the latter portion of Mr. Root's
note, which was devoted to that side of the question.
I have, etc.,
[Signed] Edwabd Gret.
. [InCLOBUBB.]
Memorandum.
Mr. Boot's note to Sir M. Durand of the 19th October, 1905, on the
subject of the United States fishery in the waters of Newfoundland under
the Convention of the 20th October, 1818, may be divided into three parts.
The first deals with complaints which had reached the United States
Government to the effect that vessels of United States registry had been
forbidden by the colonial authorities to fish on the treaty coast, the second
with the provisions of ^Hhe Newfoundland foreign fishing-vessels act,
1905," and the third with the possibility of a lawless and violent interrup-
tion of the United States fishery by the inhabitants of the Bay of Islands.
The complaints referred to in the first part of Mr. Boot's note were at
once brought to the notice of the Government of Newfoundland, and they
replied that there had been no attempt to prevent American fishermen
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356 THB AMERICAN JOUBNAL OF INTERNATIONAL LAW
from taking fish. The complaintB in question appear to have been based
on some misunderstanding, and the subsequent course of the fishery
proved that the apprehensions on the part of the United States Govern-
ment to which they gave rise were, fortunately^ not well founded.
His Majesty's Government, however, agree with the United States
Government in thinking that inasmuch as the privileges which citizens of
the United States have for many years enjoyed of purchasing bait and
supplies and engaging men in Newfoimdland waters have recently been
withdrawn and American fishermen have consequently, in Mr. Boot's
words, been thrown back upon their rights under the Convention of 1818,
it is desirable that a clear understanding should be reached regarding
those rights and the essential conditions of their exercise, and they have
accordingly given the most careful consideration to the six propositions
advanced in Mr. Root's note as embodying the views of the United States
Government on the subject.
They regret, however, that they are unable to record their assent to
these propositions without some important qualifications.
Proposition 1 states:
Any American vessel is entitled to go into the waters of the treaty
coast and take fish of any kind. She derives this right from the treaty
(or from the conditions existing prior to the treaty and recognized by
it), and not from any permission or authority proceeding from the
Government of Newfoundland.
The privilege of fishing conceded by Article I of the Convention of
1818 is conceded, not to American vessels, but to inhabitants of the
United States and to American fishermen.
His Maje8t3r's Government are unable to agree to this or any of the
subsequent propositions if they are meant to assert any right of American
vessels to prosecute the fishery under the Convention of 1818 except when
the fishery is carried on by inhabitants of the United States. The con-
vention confers no rights on American vessels as such. It inures for the
benefit only of inhabitants of the United States.
Proposition 2 states :
An American vessel seeking to exercise the treaty right is not bound to
obtain a license from the Government of Newfwoundland, and, if she
does not purpose to trade as well as fish, she is not bound to enter at any
Newfoundland custom-house.
His Majesty's Government agree that the Government of Newfound-
land could not require that American fishermen seeking to exercise the
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OFFICIAL DOCUMENTS 357
treaty right should take out a license from the Colonial Govenunent. No
license is required for what is a matter of right, and no such license has.
His Majesty^s Oovemment are informed, been, in fact, required.
With the last part of the proposition it will be more convenient to deal
in conjunction with proposition 3.
Proposition 3 states:
The only concern of the Government of Newfoundland with such a
vessel is to call for proper evidence that she is an American vessel, and
therefore entitled to exercise the treaty right, and to have her refrain
from violating any laws of Newfoundland not inconsistent with the
treaty.
It has already been pointed out that the Convention of 1818 confers
no rights on American vessels as such, and that the exercise of the right
of fishing under the convention is subject to the condition that the fishing
is carried on by inhabitants of the United States. His Majesty^s Govern-
ment, however, agree that no law of Newfoundland should be enforced
on American fishermen which is inconsistent with their rights under the
convention.
Mr. Boofs note does not give any indication of what laws of the colony
would be regarded by the United States Government as inconsistent with
the convention if applied to American fishermen. The opinion of His
Majesty^s Government on this point is as follows:
The American fishery, under Article I of the Convention of 1818, is
one carried on within the British jurisdiction and ^^ in common with "
British subjects. The two Governments hold different views as to the
nature of this article. The British Government consider that the war of
1812 abrogated that part of Article III of the Treaty of Peace of 1783
which continued to inhabitants of the United States *^ the liberty " (in the
words used by Mr. Adams to Earl Bathurst in his note of the 25th Sep-
tember, 1815), ^^of fishing, and drying, and curing their fish within the
exclusive jurisdiction on the North American coasts to which they had
been accustomed while themselves forming a part of the British nation,''
and that consequently Article I of the Convention of 1818 was a new
grant to inhabitants of the United States of fishing privileges within the
British jurisdiction. The United States Government, on the other hand,
contend that the war of 1812 had not the effect attributed to it by the
British Government, and that Article I of the Convention of 1818 was
not a new grant, but merely a recognition (though limited in extent) of
privileges enjoyed by inhabitants of the United States prior, not only to
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358 THE AMERICAN JOUBNAL OF INTEBNATIONAL LAW
the war, but to the Treaty of 1783. Whichever of these views be
adopted, it ie certain that inhabitants of the United States would not now
be entitled to fish in British North American waters but for the fact that
they were entitled to do so when they were British subjects. American
fishermen cannot therefore rightly claim to exercise their right of
fishery under the Convention of 1818 on a footing of greater freedom
than if they had never ceased to be British subjects. Nor consistently
with the terms of the convention can they claim to exercise it on a
footing of greater freedom than the British subjects ^' in common with ''
whom they exercise it imder the convention. In other words, the American
fishery under the convention is not a free but a regulated fishery, and^
in the opinion of His Majesty^s Government, American fishermen are
bound to comply with all colonial laws and regulations, including any
touching the conduct of the fishery, so long as these are not in their
nature unreasonable, and are applicable to all fishermen alike. One of
these regulations prohibits fishing on Sundays. His Majesty's Govern-
ment have received information that several breaches of this regulation
were committed by American fishermen during the past fishing season.
This regulation has been in force for many years, and looking to the
insignificant extent to which American fishermen have exercised their
right of fishery on the treaty coast in the past, it can not be regarded as
having been made with the object of restricting the enjoyment of that
right. Both its reasonableness and its bona fides appear to His Majesty's
Government to be beyond question, and they trust that the United States
Government will take steps to secure its observance in the future.
As regards the treatment of American vessels from which American
fishermen exercise the treaty right of fishery. His Majesty's Government
are prepared to admit that, although the convention confers no rights on
American vessels as such, yet since the American fishery is essentially a
ship fishery, no law of Newfoundland should be enforced on American
fishing vessels which would unreasonably interfere with the exercise by
the American fishermen on board of their rights under the convention.
The United States Government, on their part, admit in Mr. Roofs note
that the Colonial Government are entitled to have an American vessel
engaged in the fishery refrain from violating any laws of Newfoimdland
not inconsistent with the convention, but maintain that if she does not
purpose to trade, but only to fish, she is not bound to enter at any
Newfoundland custom-house.
Mr. Root's note refers only to the question of entry inwards, but it is
presumed that the United States Government entertain the same views on
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OFFICIAL DOCUMENTS 359
the question of clearing outwards. At all events, American vessels have
not only passed to the fishing grounds in the inner waters of the Bay of
Islands without reporting at a colonial custom-house, but have also
omitted to clear on returning to the United States. In both respects
they have committed breaches of the colonial customs law, which, as
regards the obligations to enter and to clear, makes no distinction
between fishing and trading vessels.
His Majesty's Government regret not to be able to share the view of
the United States Government that the provisions of the colonial law
which impose those obligations are inconsistent with the Convention of
1818, if applied to American vessels which do not purpose to trade, but
only to fish. They hold that the only ground on which the application
of any provisions of the colonial law to American vessels engaged in the
fishery can be objected to is that it unreasonably interferes with the
exercise of the American right of fishery.
It is admitted that the majority of the American vessels lately engaged
in the fishery on the western coast of the colony were registered vessels,
as opposed to licensed fishing vessels, and as such were at liberty both to
trade and to fish. The production of evidence of United States regis-
tration is therefore not sufficient to establish that a vessel, in Mr. Booths
words, *^ does not purpose to trade as well as fish,'' and something more
would seem clearly to be necessary. The United States Government
would undoubtedly be entitled to complain if the fishery of inhabitants
of the United States were seriously interfered with by a vexatious and
arbitrary enforcement of the colonial customs laws, but it must be remem-
bered that in proceeding to the waters in which the winter fishery is
conducted American vessels must pass in close proximity to several
custom-houses, and that in order to reach or leave the grounds in the arms
of the Bay of Islands, on which the fishery has been principally carried on
during the past season, they have sailed by no less than three custom-
houses on the shores of the bay itself. So that the obligation to report
and clear need not in any way have interfered with a vessel's operations.
It must also be remembered that a fishery conducted in the midst of
practically the only centers of population on the west coast of the colony
affords ample opportunities for illicit trade, and consequently calls for
careful supervision in the interests of the colonial revenue.
The provisions in question are clearly necessary for the prevention of
smuggling, and His Majesty's Government are of opinion that exception
cannot be taken to their application to American vessels as an unreason-
able interference with the American fishery, and they entertain the strong
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360 THB AMERICAN JOURNAL OF INTERNATIONAL LAW
hope that the United States Oovenunent will^ on reconBiderationy perceive
the correctness of this view and issue instmctions accordingly for the
future guidance of those in charge of American vessels.
It is, moreover^ to the advantage of the American vessels engaged in
the winter fishery in the Bay of Islands that they should report at a
colonial custom-house. Owing to the extent and peculiar configuration
of that bay, and owing to the prevalence of fogs, vessels that enter its
inner waters may remain for days without the local officers becoming
aware that they are on the coast unless they so report. In such circum-
stances it is difficult for the Colonial Government to insure to American
fishermen that protection against lawless interference for which Mr. Boot
calls in the concluding part of his note.
His Majesty^s Gk)vemment desire further to invite the attention of the
United States Government to the fact that certain United States vessels
engaged in the fishery refused to pay light dues. This is the first time.
His Majesty's Government are informed, that American vessels have
refused to pay these dues, and it is presumed that the refusal is based on
the denial by the Colonial Government of the trading privil^es allowed
in past years. His Majesty's Government, however, cannot admit that
such denial entitles American vessels to exemption from light dues in the
ports in which they fish. As already stated, American fifihing vessels
engaged in the fishery under the Convention of 1818 have no treaty
status as such, and the only ground on which, in the opinion of His
Majesty's Government, the application of any colonial law to such vessels
can be objected to is that such application involves an unreasonable inter-
ference with the exercise of the treaty rights of the American fishermen
on board. The payment of light dues by a vessel on entering a port of
the colony clearly involves no such interference. These dues are payable
by all vessels of whatever description and nationality other than coasting
and fishing vessels owned and registered in the colony (which are on
certain conditions exempt either wholly or in part). His Majesty's
Government trust that in these circumstances such directions will be
issued as will prevent further refusals in the future, and they would
point out generally that it is the duty of all foreigners sojourning in the
limits of the British jurisdiction to obey that law, and that, if it is
considered that the local jurisdiction is being exercised in a manner not
consistent with the enjoyment of any treaty rights, the proper course to
pursue is not to ignore the law, but to obey it, and to refer the question of
any alleged infringement of their treaty rights to be settled diplomatically
between their Government and that of His Majesty.
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OFFICIAJL DOCUMENTS 361
Propositions 4, 5, and 6 state:
Proposition 4. The proper evidence that a vessel is an American vessel,
and entitled to exercise the treaty right, is the production of the ship^s
papers of the kind generally recognized in the maritime world as evidence
of a vessePs national character.
Proposition 5. When a vessel has produced papers showing that she is
an American vessel, the officials of Newfoundland have no concern with
the character or extent of the privileges accorded to such a vessel by the
Government of the United Slates. No question as between a registry
and license is a proper subject for their consideration. They are not
charged with enforcing any laws or regulations of the United States.
As to them, if the vessel is American, she has the treaty right, and they
are not at liberty to deny it.
Proposition 6. If any such matter were a proper subject for the con-
sideration of the officials of Newfoundland, the statement of this De-
partment that vessels bearing an American registry are entitled to
exercise the treaty right should be taken by such officials as conclusive.
His Majesty^s Government are unable to agree to these propositions,
except with the reservations as to the status of American vessels under
the convention already indicated, and, with reference to proposition 6,
they would submit that the assurance to be given by the Department of
State of the United States should be that the persons by whom the fishery
is to be exercised from the American vessels are inhabitants of the
United States.
In point of fact the Colonial Government have informed His Majesty's
Government that they do not require an American vessel to produce a
United States fishing license. The distinction between United States
registration and the possession of a United States fishing license is, how-
ever, of some importance, inasmuch as a vessel which, so far as the
United States Government are concerned, is at liberty both to trade and
to fish naturally calls for a greater measure of supervision by the Colonial
Government than a vessel fitted out only for fishing and debarred by the
United States Government from trading, and mformation has been
furnished to His Majesty's Government by the Colonial Government
which shows that the proceedings of American fishing vessels in New-
foundland waters have in the past been of such a character as to make it
impossible, from the point of view of the protection of the colonial
revenue, to exempt such vessels tram the supervision authorized by the
colonial customs law.
His Majesty's Government no^ turn to that part of Mr. Boot's note
which deals with ^^ the foreign fishing-vessels act, 1905."
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THE AMERICAN JOUBNAL OF INTEBNATIONAL LAW
His Majesty^s Government would have viewed with the strongest
disapproval any disposition on the part of the colonial authorities to
administer this act in a manner not consistent with His Majesty^s treaty
obligations^ but they are confident that the United Sates Government will
readily admit that the fears expressed on this head in Mr. Boot's note
have not been realized.
They desire, however, to point out that, though the act in question
was passed to give effect to the decision of the Colonial Gk)vemment to
withdraw from American fishing vessels the privileges which they had
been allowed to enjoy for many years previously of purchasing bait and
supplies and of engaging crews in the ports of the colony, the provisions
objectionable to the United States Government which it embodies are
in no sense new. They will be found in ^^ the foreign fishing-vessels act,
1893," of which a copy is inclosed. The present act differs from the
earlier act in that it takes away, by omission, from the Colonial Govern-
ment the power conferred upon them by the earlier act of authorizing
the issue of licenses to foreign fishing vessels for the enjoyment of the
privileges mentioned. Allowing for this change, the provisions of the
two acts are in all essential respects identical. The provisions as to
boarding, bringing into port, and searching appear in both acts, and also
the provisions as to the possession of bait, outfits, and supplies being
prima fade evidence of the purchase of the same in the colonial juris-
diction, except that in the earlier act there was a further provision,
consequential on the authority which it conferred on the Colonial Gov-
ernment to issue licenses, directing that the failure or refusal to produce
a license should be prima facie evidence of the purchase of such articles
without a license. The position of any American fishing vessel choosing
to fish for herself on the treaty coast has consequently been since 1893
the same as it is to-day. His Majesty's Government do not advance
these considerations with the object of suggesting that the objections
which the United States Government have taken to sections 1 and 3 of
the foreign fishing-vessels act are impaired by the fact that these provi-
sions have been on the statute book of the colony since 1893 without
protest, and they are ready to assume that no such protest has been
lodged merely because the privileges accorded to American vessels in the
ports of the colony up to the present have been such as to render it
unnecessary for inhabitants of the United States to avail themselves of
their right of fishing under the Convention of 1818. The object of His
Majesty's Government is simply to remove any impression which may
have formed itself in the mind of the United States Government that the
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OFFICIAL DOCUMENTS 363
language of the act of 1905 was selected with any special view of preju-
dicing the exercise of the American treaty right of fishery, and to point
out that, on the contrary, it dates back to 1893 — that is, to a time when
it was the policy of the Colonial Government to treat American vessels
on a favored footing.
A new act was not necessary to give effect to the present policy of the
Colonial Government. Effect to it could have been given under the act
of 1893 by the mere suspension of the issue of licenses to American
vessels, and the only object of the new act, as His Majesty's Government
understand the position, was to secure the express and formal approval
of the colonial legislature for the carrying out of the policy of the
Colonial Government.
Having offered these general remarks. His Majesty's Government
desire to point out that, in discussing the general effects of " the foreign
fishing- vessels act, 1905,'' on the American fishery under the Convention
of 1818, the United States Government confine themselves to sections 1
and 3 and make no reference to section 7,* which preserves " the rights
and privileges granted by treaty to the subjects of any state in amity with
His Majesty." In view of this provision, His Majesty's Government are
unable to agree with the United States Government in regarding the
provisions of sections 1 and 3 as " constituting a warrant to the oflScers
named to interfere with and violate" American rights imder the Con-
vention of 1818. On the contrary, they consider section 7 as, in effect, a
prohibition of any vexatious interference with the exercise of the treaty
rights, whether of American or of French fishermen. As regards section
3, they admit that the possession by inhabitants of the United States
of any fish and gear which they may lawfully take or use in the exercise
of their rights under the Convention of 1818 can not properly be made
prima facie evidence of the commission of an offense, and, bearing in
mind the provisions of section 7, they can not believe that a court of law
would take a different view.
They do not, however, contend that the act is as clear and explicit as,
in the circumstances, it is desirable that it should be, and they propose
to confer with the Government of Newfoundland with the object of
removing any doubts which the act in its present form may suggest as to
the power of His Majesty to fulfill his obligations under the Convention
of 1818.
On the concluding part of Mr. Soot's note it is happily not necessary
* Section 9 of the Act of 180S.
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364 THE AMBBICAN JOURNAL OF INTEBNATIONAL LAW
for His Majesty's Goyemment to offer any remarks, since the fishing
season has come to an end without any attempt on the part of British
fishermen to interfere with the peaceful exercise of the American treaty
right of fishery.
Mr. Whitelaw Reid to Sir Edward Orey.
American Embassy, London, July 20, 1906.
Sir,
THE Memorandum sent me on the 2nd of February, 1906, embody-
ing the views of His Majesty's Government on the propositions formu-
lated by the Secretary of State of the United States as to the rights of
American fishing vessels on the Newfoundland coast, in his letter to
Sir Mortimer Durand of the 19th October, 1905, has had Mr. Root's
careful consideration.
He has now addressed me a letter, under date of the dOth June, 1906,
giving the reasons which prevent his agreement with several of the
views stated in this Memorandum. I am instructed, while communi-
cating to you these reasons, to ask for such action as shall prevent any
interference upon any ground by the officers of the Newfoundland
Government with American fishermen, when they go to exercise their
treaty rights upon the Newfoundland coast during the approaching
fishing season.
I beg to inclose herewith a copy of this letter from the Secretary of
State of the United States.
I have, etc.,
(Signed) Whitelaw Beid.
[Inclosubx.]
The Secretary of State to the American Ambassador to Great Britain.
No. 239.] Department of State,
Washington, June SO, 1906.
Sib: The memorandum inclosed in the note from Sir Edward Grey
to you of February 2, 1906, and transmitted by you on the 6th of Febru-
ary, has received careful consideration.
The letter which I had the honor to address to the British ambassador
in Washington on the 19th of October last stated with greater detail the
complaint in my letter to him of October 12, 1905, to the effect that the
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OFFICIAL DOCUMENTS 365
local ofScers of Newfoundland had attempted to treat American Bhips as
fiuch^ without reference to the rights of their American owners and
o£Scer8^ refusing to allow such ships sailing under register to take part
in the fishing on the treaty coast, although owned and commanded by
Americans, and limiting the exercise of the right to fish to ships having
a fishing license.
In my communications, the Government of the United States objected
to this treatment of ships as such — that is, as trading vessels or fishing
vessels — and laid down a series of propositions regarding the treatment
due to American vessels on the treaty coast, based on the view that such
treatment should depend, not upon the character of the ship as a
registered or licensed vessel, but upon its being American — that is,
owned and officered by Americans, and therefore entitled to exercise the
rights assured by the Treaty of 1818 to the inhabitants of the United
States.
It is a cause of gratification to the Government of the United States
that the prohibitions interposed by the local o£Scials of Newfoundland
were promptly withdrawn upon the communication of the facts to His
Majesty's Government, and that the memorandum now under consid-
eration emphatically condemns the view upon which the action of the
local officers was based, even to the extent of refusing assent to the
ordinary forms of expression which ascribe to ships the rights and
liabilities of owners and masters in respect of them.
It is true that the memorandum itself uses the same form of expression
when asserting that American ships have conmiitted breaches of the
colonial customs law, and ascribing to them duties, obligations, omissions,
* and purposes which the memorandum describes. Yet we may agree that
ships, strictly speaking, can have no rights or duties, and that whenever
the memorandum or the letter upon which it comments speaks of a ship's
rights and duties it but uses a convenient and customary form of describ-
ing the owner's or master's rights and duties in respect of the ship. As
this is conceded to be essentially ^' a ship fishing," and as neither in 1818
nor since could there be an American ship not owned and officered by
Americans, it is probably quite unimportant which form of expression
is used.
I find in the memorandum no substantial dissent from the first propo-
sition of my note to Sir Mortimer Durand of October 19, 1905, that any
American vessel is entitled to go into the waters of the treaty coast and
take fish of any kind, and that she derives this right from the treaty and
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366 THE AMEKIOAN JOURNAL OF INTERNATIONAL LAW
not from any authority proceeding from the Government of New-
foundland.
Nor do I find any substantial dissent from the fourth^ fifths and sixth
propositions, which relate to the method of establishing the nationality of
the vessel entering the treaty waters for the purpose of fishings unless it
be intended, by the comments on those propositions, to assert that the
British Government is entitled to claim that when an Americaii goes
with his vessel upon the treaty coast for the purpose of fishing, or with
his vessel enters the bays or harbors of the coast for the purpose of shelter
and of repairing damages therein, or of purchasing wood, or of obtaining
water, he is bound to furnish evidence that all the members of his crew
are inhabitants of the United States. We can not for a moment admit
the existence of any such limitation upon our treaty rights. The
liberty assured to us by the treaty plainly includes the right to use all the
means customary or appropriate for fishing upon the sea, not only ships
and nets and boats, but crews to handle the ships and the nets and the
boats. No right to control or limit the means which Americans shall use
in fishing can be admitted unless it is provided in the terms of the
treaty, and no right to question the nationality of the crews employed
is contained in the terms of the treaty. In 1818, and ever since^ it has
been customary for the owners and masters of fishing vessels to employ
crews of various nationalities. During all that period I am not able to
discover that any suggestion has ever been made of a right to scrutinize
the nationality of the crews employed in the vessels through which the
treaty right has been exercised.
The language of the Treaty of 1818 was taken from the third article of
the Treaty of 1783. The treaty made at the same time between Great
Britain and Prance, the previous treaty of February 10, 1763, between
Great Britain and France, and the Treaty of Utrecht, of April 11, 1713,
in like manner, contained a general grant to ** the subjects of France ^' to
take fish on the treaty coast. During all that period no suggestion, so far
as I can learn, was ever made that Great Britain had a right to inquire
into the nationality of the members of the crew employed upon a French
vessel.
Nearly two hundred years have passed during which the subjects of
the French King and the inhabitants of the United States have exercised
fishing rights under these grants made to them in these general terms,
and during all that time there has been an almost continuous discussion,
in which Great Britain and her colonies have endeavored to restrict the
right to the narrowest possible limits, without a suggestion that the crewB
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OFFICIAL DOCUMENTS 367
of vessels enjoying the right, or whose owners were enjoying the right,
might not be employed in the customary way without regard to nation-
ality. I cannot suppose that it is now intended to raise such a question.
I observe with satisfaction that the memorandum assents to that part
of my second proposition to the effect that ^' an American vessel seeking
to exercise the treaty right is not bound to obtain a license from the
Government of Newfoundland/' and that His Majestjr's Government
agree that "no law of Newfoundland should be enforced on American
fishermen which is inconsistent with their rights under the convention/'
The views of His Majesty's Government, however, as to what laws of
the colony of Newfoundland would be inconsistent with the convention if
applied to American fishermen differ radically from the view entertained
by the Government of the United States. According to the memoran-
dum, the inhabitants of the United States going in their vessels upon the
treaty coast to exercise the treaty right of fishing are bound to enter and
clear in the Newfoundland custom-houses, to pay light dues, even the
dues from which coasting and fishing vessels owned and registered in
the colony are exempt, to refrain altogether from fishing except at the
time and in the maimer prescribed by the regulations of Newfoundland.
The colonial prohibition of fishing on Sundays is mentioned by the
memorandum as one of the regulations binding upon the American fisher-
men. We are told that His Majesty's Government " hold that the only
ground on which the application of any provisions of colonial law to
American vessels engaged in the fishery can be objected to is that it
unreasonably interferes with the American right of fishery."
The Government of the United States fails to find in the treaty any
grant of right to the makers of colonial law to interfere at all, whether
reasonably or unreasonably, with the exercise of the American rights of
fishery, or any right to determine what would be a reasonable interference
with the exercise of that American right if there could be any interference.
The argument upon which the memorandum claims. that the colonial
government is entitled to interfere with and limit the exercise of the
American right of fishery, in accordance with its own ideas of what is
reasonable, is based, first, upon the fact that under the terms of the
treaty the right of the inhabitants of the United States to fish upon the
treaty coast is possessed by them " in common with the subjects of His
Britannic Majesty;" and, second, upon the proposition that "the
inhabitants of the United States would not now be entitled to fish in
British North American waters but for the fact that they were entitled
to do so when they were British subjects," and that " American fishermen
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368 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
can not, therefore, rightfully claim any other right to exercise the right
of fishery under the Treaty, of 1818 than if they had never ceased to be
British subjects."
Upon neither of these grounds can the inferences of the memorandum
be sustained. The qualification that the liberty assured to American
fishermen by the Treaty of 1818 they were to have " in common with the
subjects of Great Britain " merely negatives an exclusive right. Under
the treaties of Utrecht, of 1763 and of 1783, between Oreat Britain and
France, the French had constantly maintained that they enjoyed an
exclusive right of fishery on that portion of the coast of Newfoundland
between Cape St. John and Cape Raye, passing around by the north of
the island. The British, on the other hand, had maintained that British
subjects had a right to fish along with the French, so long as they did not
interrupt them.
The dissension arising from these conflicting views had been serious
and annoying, and the provision that the liberty of the inhabitants of the
United States to take fish should be in common with the liberty of the
subjects of His Britannic Majesty to take fish was precisely appropriate
to exclude the French construction and leave no doubt that the British
construction of such a general grant should apply under the new treaty.
The words used have no greater or other effect. The provision is that the
liberty to take fish shall be held in common, not that the exercise of that
liberty by one people shall be the limit of the exercise of that liberty by
the other. It is a matter of no concern to the American fishermen
whether the people of Newfoundland choose to exercise their right or
not, or to what extent they choose to exercise it. The statutes of Great
Britain and its colonies limiting the exercise of the British right are mere
voluntary and temporary self-denying ordinances. They may be repealed
to-morrow. Whether they are repealed, or whether they stand, the British
right remains the same, and the American right remains the same.
Neither right can be increased or diminished by the determination of the
other nation that it will or will not exercise its right, or that it will
exercise its right under any particular limitations of time or manner.
The proposition that '^ the inhabitants of the United States would not
now be entitled to fish in British North American waters but for the fact
that they were entitled to do so when they were British subjects ** may be
accepted as a correct statement of one of the series of facts which led to
the making of the Treaty of 1818. Were it not for that fact there would
have been no fisheries article in the Treaty of 1783, no controversy
between Great Britain and the United States as to whether that article
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OFFICIAL DOCUMENTS 369
was terminated by the war of 1812, and no settlement of that controversy
by the Treaty of 1818. The memorandum, however, expressly excludes
the supposition that the British Government now intends to concede that
the present rights of American fishermen upon the treaty coast are a con-
tinuance of the right possessed by the inhabitants of the American
colonies as British subjects, and declares that this present American right
is a new grant by the Treaty of 1818. How, then, can it be maintained
that the limitations upon the former right continued although the right
did not, and are to be regarded as imposed upon the new grant, although
not expressed in the instrument making the grant? On the contrary, the
failure to express in the terms of the new treaty the former limitations,
if any there had been, must be deemed to evidence an intent not to attach
them to the newly created right.
Nor would the acceptance by Great Britain of the American view that
the Treaty of 1783 was in the nature of a partition of empire, that the
fishing rights formerly enjoyed by the people of the colonies and described
in the instrument of partition continued notwithstanding the war of
1812, and were in part declared and in part abandoned by the Treaty of
1818, lead to any different conclusions. It may be that under this view
the rights thus allotted to the colonies in 1783 were subject to such
regulations as Great Britain had already imposed upon their exercise
before the partition, but the partition itself and the recognition of the
independence of the colonies in the treaty of partition was a plain aban-
donment by Great Britain of the authority to further regulate the rights
of the citizens of the new and independent nation.
The memorandum says: '^The American fishermen can not rightly
claim to exercise their right of fishery under the Convention of 1818 on a
footing different than if they had never ceased to be British subjects.*'
What, then, wa^ the meaning of independence? What was it that con-
tinued the power of the British Crown over this particular right of Ameri-
cans formerly exercised by them as British subjects, although the power
of the British Crown over all other rights formerly exercised by them as
British subjects was ended? No answer to this question is suggested by
the memorandum.
In previous correspondence regarding the construction of the Treaty
of 1818, the Government of Great Britain has asserted, and the memoran-
dum under consideration perhaps implies, a claim of right to regulate the
action of American fishermen in the treaty waters, upon the ground that
those waters are within the territorial jurisdiction of the colony of New-
foundland. This Government is constrained to repeat emphatically its
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370 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
dissent from any such view. The Treaty ot 1818 either declared or
granted a perpetual right to the inhabitants of the United States which
is beyond the sovereign power of England to destroy or change. It is
conceded that this right is, and forever must be, superior to any incon-
sistent exercise of sovereignty within that territory. The existence of
this right is a qualification of British sovereignty within that territory.
The limits of the right are not to be tested by referring to the general
jurisdictional powers of Great Britain in that territory, but the limits of
those powers are to be tested by reference to the right as defined in the
instrument creating or declaring it. The Earl of Derby, in a letter to
the governor of Newfoundland dated June 12, 1884, said : " The peculiar
fisheries rights granted by treaties to the French in Newfoundland invest
those waters during the months of the year when fishing is carried on in
them, both by English and French fishermen, with a character somewhat
analogous to that of a common sea for the purpose of fishery.'' And the
same observation is applicable to the situation created by the existence of
American fishing rights under the Treaty of 1818. An appeal to the
general jurisdiction of Great Britain over the territory is, therefore, a
complete begging of the question, which always must be, not whether
the jurisdiction of the colony authorizes a law limiting the exercise of the
treaty right, but whether the terms of the grant authorize it.
The distinguished writer just quoted observes in the same letter :
The Government of France each year during the fishing season employs
ships of war to superintend the fishery exercised by their countrymen,
and, in consequence of the divergent views entertained by the two Govern-
ments respectively as to the interpretation to be placed upon the treaties,
questions of jurisdiction which might at any moment have become serious
have repeatedly arisen.
The practice thus described, and which continued certainly until as
late as the modification of the French fishing rights in the year 1904,
might well have been followed by the United States, and probably would
have been were it not that the desire to avoid such questions of jurisdic-
tion as were frequently arising between the French and the English has
made this Government unwilling to have recourse to such a practice so
long as the rights of its fishermen can be protected in any other way.
The Government of the United States regrets to find that His Majesty's
Government has now taken a much more extreme position than that
taken in the last active correspondence upon the same question arising
under the provisions of the Treaty of Washington. In his letter of April
8, 1880, to the American miniBter in London, Lord Salisbury said:
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OFFICIAL DOCUMENTS 871
In my note to Mr. Welsh, of the 7th of NoTember, 1878, 1 stated " that
British sovereignty, as regards these waters, is limited in its scope by the
engagements of the Treaty of Washington, which can not be modified or
affected by any municipal legislation," and Her Majesty's Government
fully admit that United States fishermen have the right of participation
on the Newfoundland inshore fisheries, in common with British subjects,
as specified in Article XVIII of that treaty. But it can not be claimed,
consistently with this right of participation in common with the British
fishermen, that the United States fishermen have any other, and still less
that they have any greater, rights than the British fishermen had at the
date of the treaty.
If, then, at the date of the signature of the Treaty of Washington
certain restraints were, by the municipal law, imposed upon the British
fishermen, the United States fishermen were, by the express terms of the
treaty, equally subjected to those restraints, and the obligation to observe
in common with the British the then existing local laws and regulations,
which is implied by the words "tn common/* attached to the United
States citizens as soon as they claim the benefit of the treaty.
Under the view thus forcibly expressed the British Government would
be consistent in claiming that all regulations and limitations upon the
exercise of the right of fishing upon the Newfoundland coast which were
in existence at the time when the Treaty of 1818 was made are now
binding upon American fishermen. Further than this His Majeet/s
Government can not consistently go, and further than this the Govern-
ment of the United States can not go.
For the daim now asserted that the colony of Newfoundland is entitled
at will to regulate the exercise of the American treaty right is equivalent
to a claim of power to completely destroy that right. This Government
is far from desiring that the Newfoundland fisheries shall go unregulated.
It is willing and ready now, as it has always been, to join with the
Government of Great Britain in agreeing upon all reasonable and suit-
able regulations for the due control of the fishermen of both countries
in the exercise of their rights, but this Government can not permit the
exercise of these rights to be subject to the will of the colony of New-
foundland. The Government of the United States can not recognize the
authority of Great Britain or of its colony to determine whether Ameri-
can citizens shall fish on Sunday. The Government of Newfoundland
can not be permitted to make entry and clearance at a Newfoundland
custom-house and the payment of a tax for the support of Newfoundland
light-houses conditions to the exercise of the American right of fishing.
If it be shown that these things are reasonable the Government of the
United States will agree to them, but it can not submit to have them
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372 THE AMESaCAJX JOUBNAL OF nTTKBlfATIOHAI. UIW
impoeed upon it without its congent. This position is not a matter of
theory. It is of vital and present importance, tcfr the plain object of
recent legislation of the colony of Newfoundland has been practically to
destroy the yalne of American rights mider the Treaty of 1818. Those
rights are exercised in competition with the fishermen and merchants of
Newf otmdland. The situations of the Newfoundland fishermen residing
upon the shore and making the shore their base of operations and of the
American fishermen coming long distances with ocpensiYe oatfits, devot-
ing long periods to the voyage to the fishing grounds and back to the
market, obliged to fish ri4>idly in order to make up for that loss of time,
and making ships their base of operations, are so different that it is easy
to frame regulations which will offer slight inconvenience to the dwellers
on shore and be practically prohibitory to the fishermen from the coasts
of Maine and Massachusetts, and if the grant of this competitive right
is to be subject to such laws as our competitors choose to make, it is a
worthless right. The premier of Newfoundland, in his speech in the
Newfotmdland parliament, delivered on the 12th of April, 1905, in
support of the foreign fishing bill, made the foUowing declaration:
This bill is framed specially to prevent the American fishermen from
coming into the bays, harbors, and creeks of the coast of Newfoundland
for the purpose of obtaining herring, caplin, and squid for fishery
purposes.
And this further declaration:
This communication is important evidence as to the value of tiie posi-
tion we occupy as mistress of the northern seas so far as the fisheries are
concerned. Herein was evidence that it is within the power of the
legislature of this colony to make or mar our competitors to the North
Atlantic fisheries. Here was evidence that by refusing or restricting the
necessary bait supply we can bring our foreign competitors to realize their
dependency upon us. One of the objects of this legislation is to bring the
fishing interests of Gloucester and New England to a realization of their I
dependence upon the bait supplies of this colony. No measure could |
have been devised having more clearly for its object the conserving, safe-
guarding, and protecting of the interest of those concerned in the fidieries
of the colony.
It will be observed that there is here the very frankest possible dis-
avowal of any intention to so regulate the fisheries as to be fair to the
American fishermen. The purpose is, under cover of the exercise of the
power of regulation, to exclude the American fishermen. The Govern-
ment of the United States surely can not be expected to see with
complacency the rights of its citizens subjected to this kind of regulation.
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OFFICIAL DOCUMENTS 373
The Govenunent of the United States finds assurance of the desire of
His Majesty's Gk)vemment to give reasonable and friendly treatment to
American fishing rights on the Newfoundland coast in the statement of
the memorandum that the Newfoundland foreign fishing vessels act is not
as clear and explicit as, in the circumstances, it is desirable that it should
be, and in the expressed purpose of His Majesty's Government to confer
with the Government of Newfoundland with the object of removing any
doubts which the act in its present form may suggest as to the power of
His Majesty to fulfill his obligation under the Convention of 1818. It is
hoped that upon this conference His Majesty's Government will have
come to the conclusion, not merely that the seventh section of the act,
which seeks to preserve " the rights and privileges granted by treaty to
the subjects of any State in amity with His Majesty," amounts to a
prohibition of any "vexatious interference" with the exercise of the
treaty rights of American fishermen, but that this clause ought to receive
the effect of entirely excluding American vessels from the operation of
the first and third clauses of the act relating to searches and seizures and
prima facie evidence. Such a construction by His Majestjr's Government
would wholly meet the diflSculty pointed out in my letter of October 19,
as arising under the first and third sections of the act. A mere limita^
tion, however, to interference which is not "vexatious," leaving the
question as to what is " vexatious interference " to be determined by the
local officers of Newfoundland, would be very far from meeting the
diflSculty.
You will inform His Majesty's Government of these views and ask for
such action as shall prevent any interference upon any ground by the
oflScers of the Newfcyindland Government with American fishermen when
they go to exercies their treaty rights upon the Newfoundland coast
during the approaching fishing season.
I am, etc., EuHU Boot.
The Earl of Elgin to Governor Sir W. MacOregor.
Sir, Downing Strbbt, Augtut 6, 1906.
I HAVE the honour to forward, to be laid before your Ministers, copy
of a note from the United States' Ambassador at this Court, inclosing
copy of a letter from Mr. Root which sets out the views of the United
States' Government as to the conditions on which the rights of American
fishermen under the Convention of 1818 are to be exercised.
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374 THE AMEBICAN JOUBNAL OF INTEBNATIONAL LAW
2. Copies of the Memorandum of His Majesty^s Oovemment which
Mr. Boot's letter discusses were forwarded to you on the 16th February
last.
3. Mr. Boot's letter is engaging the careful attention of His Majesty's
Oovemment. I will communicate with you again as soon as I am in a
position to state the decision to which they have come in the matter.
I have^&c.
(Signed) Elgin.
The Earl of Elgin to Oovemor Sir W. MacOregor.
(Telegraphic.) Downing Street^ August 8, 1906.
COPIES went to you by last mail of communication from United
States' Government in which they contend that Convention of 1818 justi-
fies no interf erence, reasonable or imreasonable^ with exercise of Ameri-
can rights of fishery^ and request His Majesty's Oovemment to prevent
any interference upon any ground by oflBcers of Newfoundland Oovem-
ment with American fishermen when they go to exercise their Treaty
rights upon the coast of Newf oimdland during approaching fishing season.
They disclaim desire that Newfoundland fisheries shall go unregulated,
and express their readiness to join with His Majestjr's Oovemment in
agreeing upon all reasonable and suitable regulations for due control of
fishermen of both countries in exercise of their rights, but state that they
cannot permit exercise of these rights to be subject to will of Newfound-
land. Pending such an agreement, the furthest they are prepared to go
is to accept such limitations as were in existence at time Convention of
1818 was concluded, and in support of this position appeal to Lord
Salisbury's note to United States' Minister of the 3rd April, 1880, in
connection with disturbances at Fortune Bay. light dues were pre-
sumably not levied in 1818, seines were apparently in use, the prohibi-
tion of Sunday fishing had been abolished in 1776 (see 15 Oeorge III,
cap. 31), and fishing-ships were exempted from entry at Custom-house,
and required only to make a report on first arrival and on clearing (see
same Act) . United States' vessels could, on the basis of the status quo
in 1818, only be asked to make report at custom-house on arrival and on
clearing.
It is clear that with such a wide divergence of view between the two
Grovemments no immediate settlement of questions involved is possible,
and His Majesty's Oovemment are of opinion that any attempt on part
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OFFICIAL DOCUMENTS 375
of your Government to apply to American fishermen the Begolations to
which exception is taken by the United States' Government while the
discussion of the questions is proceeding between the two Governments
might give rise to a highly undesirable and even dangerous situation,
and that it is therefore essential that some Provisional Arrangement
should be made to secure the peaceable conduct of the coming fishery.
His Majesty's Government are therefore informing United States' Gov-
emment that they are prepared, pending the further discussion of ques-
tions at issue and without prejudice to such discussion, to negotiate a
Provisional Arrangement which will enable the ensuing fishery to be
carried on in good order and friendship, and that they will shortly submit
proposals with that object. Please report whether your Ministers have
any suggestions to offer as to the nature of that Arrangement. It seems
to be certain that if your Ministers press for prohibition both of seines
and of Sunday fishing some concessions other than exemption from light
dues and Customs law will be expected. Can any such concessions be
offered? If not, there is little prospect that both points will be conceded
by United States, and as greater possibility of disorder is understood to
be attached to Sunday fishing, it would seem better to try and obtain
assent of United States to prohibition of this practice in return for use of
seines. Have your Ministers any observations as to any fair and reason-
able limitations or conditions to be imposed on use of seines if this course
is adopted? Telegraph reply immediately.
Modus Vivendi between the United States and Oreat Britain in regard
to Inshore Fisheries on the Treaty Coast of Newfoundland.
AOBBEMENT EFFECTED BT EXCHANGE OF NOTES AT LONDON SEPTSMBBB
4-6, 1907.
The American Ambassador to the British Foreign Office.
American Embassy,
London, September Jk, 1907.
Sib:—
I am authorized by my Government to ratify a Modus Vivendi in
regard to the Newfoundland fishery question, as follows:
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o«U THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Jt is agreed that the fisherieB shall be carried on during the present
year substantially as they were actually carried on for the most of the
time by mutual agreement^ under the Modtu Vivendi of 1906.
(1) It is understood that His Majesty's Government will not bring
into force the Newfoundland foreign fishing vessels act of 1906^ which
imposes on American fishing vessels certain restrictions in addition to
those imposed by the act of 1905, and also that the provisions of the first
part of Section One of the act of 1905, as to boarding and bringing into
port, and also the whole of Section three of the same act, will not be
regarded as applying to American fishing vessels.
(8) In consideration of the fact that the shipment of Newfoundlanders
by American fishermen outside the three-mile limit is not to be made the
basis of interference or to be penalized, my Government waives the use
of purse seines by American fishermen during the term governed by this
agreement, and also waives the right to fish on Sundays.
(3) It is understood that American fishing vessels will make their
shipment of Newfoundlanders, as fishermen, sufficiently far from the
exact three-mile limit to avoid reasonable doubt.
(4) It is further understood that American fishermen will pay light
dues when not deprived of their rights to fish, and will comply with the
provisions of the Colonial customs law as to reporting at a custom house
when physically possible to do so.
I need not add that my Government is most anxious that the pro-
visions of this Modus Vivendi should be made effective at the earliest
possible moment, and that, in view of this, and of the actual presence
of our fishing fleet on the treaty shore, we do not feel that an exchange
of ratifications should be longer delayed. But my Government has every
desire to make the arrangement, pending arbitration, as agreeable as
possible to the Newfoundland authorities consistent with the due safe-
guarding of treaty rights which we have enjoyed for nearly a century.
If, therefore, the proposals you have recently shown me from the Premier
of Newfoundland or any other changes in the above Modus Vivendi
should be proposed by mutual agreement between the Newfoundland
authorities and our fishermen, having due regard to the losses that might
be incurred by a change of plans so long after preparations for the
season's fishing had been made and the voyage begun, my Government
will be ready to consider such changes with you in the most friendly
spirit, and if found not to compromise our rights, to unite with you in
ratifying them at once.
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OFFICIAL DOCUMENTS 377
I am glad to be assured by you that this note will be considered as
8u£Seient ratification of the Modus Vivendi on the part of my Govern-
ment.
I have the honor to be^ with the highest consideration. Sir, Yonr most
obedient humble servant,
Whitelaw Bbid.
The Bight Honorable Sib Edward Grey^ Baronet,
&c., &c., &c.
The British Foreign Office to the American Ambassador.
Foreign Office, September 6th, 1907.
Your Excellency. I have the honour to acknowledge the receipt of
Your Excellency's note of the 4th instant, containing the terms of the
Modus Vivendi with regard to the Newfoundland fisheries, — which you
are authorized by your Government to ratify.
I am glad to assure your Excellency that His Majesty's Government
agrees to the terms of the Modus Vivendi and that your Excellency's
note will be considered by His Majesty's Government as a sufficient
ratification of that arrangement on the part of His Majesty's Government.
His Majesty's Government fully shares the desire of your (Jovemment
that the provisions of the Modus Vivendi should be made effective at the
earliest possible moment, and the necessary steps will be taken by His
Majesty's Government to secure its observance.
His Majesty's Government takes note of the conciliatory offer of the
United States Government to consider in a most friendly spirit any
changes in the Modus Vivendi, which may be agreed upon locally
between the Newfoundland authorities and the United States fishermen
and which may be acceptable both to the United States Government and
to His Majesty's Government.
I have the honour to be, with the highest consideration. Your Excel-
lencjr's most obedient humble servant,
E. Grey.
His Excellency The Honorable Whitblaw Beid,
&c., &c., ftc.
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378 THE AMEBICAK JOUBNAL OF INTERNATIONAL LAW
DOCUMENTS RELATING TO THE INTEQEITY OF CHINA AND THE ^^ OFEN
DOOB/^
Treaty of Peace between Japa/n and China.
His Majesty the Emperor of China and His Majesty the Emperor of
Japan, desiring to restore the blessings of peace to their conntries and
subjects and to remove all cause for future complications, have named as
their plenipotentiaries for the purpose of concluding a treaty of peace;
that is to say, His Majesty the Emperor of China, Li Hung Chang,
senior tutor to the heir apparent, senior grand secretary of state, minisfier
superintendent of trade for the northern ports of China, viceroy of the
province of Chili, and earl of the first rank, and Li Ching Pong, ex-
minister of the diplomatic service, of the second official rank, and His
Majesty the Emperor of Japan, Count Ito Hirobumi, Junii, grand cross
of the imperial order of Paullownia, minister president of state, and
Viscount Mutsu Munemitsu, Junii, first class of the imperial order of
the second treasure, minister of state for foreign affairs, who, after having
exchanged their full powers, which were found to be in good and proper
form, have agreed to the following articles :
ARTICLE L
China recognizes definitely the full and complete independence and
autonomy of Corea, and in consequence the payment of tribute and the
performance of ceremonies and formalities by Corea to China, in deroga-
tion of such independence and autonomy, shall wholly cease for the
future.
ARTICLE II.
China cedes to Japan in perpetuity and full sovereignty the following
territories, together with all fortifications thereon :
(a) The southern portion of the province of Peng Tien within the
following boundaries :
The line of demarcation begins at the mouth of the River Yalu and
ascends that stream to the mouth of the River An-ping; from thence the
line runs to Feng Huang; from thence to Haicheng; from thence to
Ying Kow, forming a line which describes the southern portion of the
territory. The places above named are included in the ceded territory.
When the line reaches the River Liao at Feng Eow, it follows the course
of that stream to its mouth, where it terminates. The mid-channel of the
River Liao shall be taken as the line of demarcation.
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OFFICIAL DOCUMSNTS 879
This cefision also includes all islands appertaining or belonging to the
province of Feng Tien, situated in the eastern portion of the Bay of
Liao Tung and in the northern part of the Yellow Sea.
(b) The Island of Formosa, together with all the islands appertaining
or belonging to said island of Formosa.
(c) The Pescadores Group — that is to say, all islands lying between
the 119th and 120th degrees of longitude east of Greenwich and the 23rd
and 24th degrees of north latitude.
ABTIGLE III.
The alignments of the portions described in the preceding article and
shown on the annexed map shall be subject to verification and demarca-
tion on the spot, by a joint commission of delimitation consisting of two
or more Chinese and two or more Japanese delegates to be appointed
immediately after the exchange of the ratifications of this act. In case
the boundaries laid down in this act are found to be defective at any
point, either on account of topography or in consideration of good
administration, it shall also be the duty of the delimitation commission
to rectify the same.
The delimitation commission will enter upon its duties as soon as
possible and will bring its labors to a conclusion witbin the period of one
year after appointment.
The alignments laid down in this act shall, however, be maintained
until the rectifications of the delimitation commission, if any are made,
shall have received the approval of the Governments of China and Japan.
ARTICLE rv.
China agrees to pay to Japan as a war indemnity the sum of 200,-
000,000 Kuping taels. The said sum is to be paid in eight installments ;
the first installment of 50,000,000 taels to be paid within six months and
the second installment of 60,000,000 taels to be paid within twelve
months after the exchange of the ratifications of this act; the remaining
sum to be paid in six equal annual installments, as follows :
The first of such equal annual installments to be paid within two
years; the second, within three years; the third, within four years; the
fourth, within five years ; the fifth, within six years, and the sixth, within
seven years, after the exchange of the ratifications of this act. Interest
at the rate of 6 per centum per annum shall begin to run on all unpaid
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380 THE AMXBICAN JOUBNAL OF INTEBNATIONAX LAW
portions of the said indemnity from the date the first instaUment falla
due.
China shall, however, have the right to pay by anticipation at any
time any or all of said installments. In case the whole amount of the
said indemnity is paid within three years after the exchange of the
ratifications of the present act, all interest shall be waived, and the
interest for two years and half or for any less period, if then already
paid, shall be included as a part of the principal amount of the indemnity.
ABTICLB T.
The inhabitants of the territory ceded to Japan, who wish to take up
their residence outside the ceded districts, shall be at liberty to sell their
real property and retire.
For this purpose a period of two years from the date of the exchange of
the ratifications of the present act shall be granted. At the expiration
of that period those of the inhabitants who shall not have left said terri-
tories shall, at the option of Japan, be deemed Japanese subjects.
Each of the two Gtovemments shall immediately upon the exchange of
the ratifications of the present act send one or more commissioners to
Formosa to effect a final transfer of that province, and within the space
of two months after the exchange of the ratifications of this act such
transfer shall be completed.
ABTICLB VL
All treaties between China and Japan having come to an end, in oon*
sequence of war, China engages immediately upon the exchange of the
ratifications of this act, to appoint plenipotentiaries to conclude with
the Japanese plenipotentiaries, a treaty of commerce and navigation and
a convention to regulate frontier intercourse and trade.
The treaties, conventions, and regulations now subsisting between
China and European powers shall serve as a basis for the said treaty and
convention between China and Japan. From the date of the exchange
of the ratifications of this act until the said treaty and convention are
brought into actual operation, the Japanese Government, its officials,
commerce, navigation, frontier intercourse and trade, industries, ships,
and subjects, shall, in every respect, be accorded, by China, most-favored-
nation treatment.
China makes, in addition, the following concessions, to take effect nz
months after the date of the present act :
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OFFICIAL DOCTTMBNT8 381
First. The following cities, towns, and ports, in addition to those
already opened, shall be opened to the trade, residence, industries, and
manufactures of Japanese subjects, under the same conditions and with
the same privileges and facilities as exist at the present open cities, towns,
and ports of China.
(1) Shashih, in the province of Hupeh.
(2) Chungking, in the province of Szechuan.
(3) Suchow, in the province of Eian Su.
(4) Hang Chow, in the province of Chekiang.
The Japanese Government shall have the right to station consuls at
any or all of the above-named places.
Second. Steam navigation for vessels under the Japanese flag for the
conveyance of passengers and cargo shall be extended to the following
places:
(1) On the upper Yangtze Biver, from Ichang to Chungking.
(2) On the Woosung Biver and the canal, from Shanghai to Suchow
and Hangchow.
The rules and regulations which now govern the navigation of the
inland waters of China by foreign vessels shall, so far as applicable, be
enforced in respect of the above-named routes until new rules and regula-
tions are conjointly agreed to.
Third. Japanese subjects purchasing goods or produce in the interior
of China or transporting imported merchandise into the interior of China
shall have the right temporarily to rent or hire warehouses for the storage
of the articles so purchased or transported without the payment of any
taxes or exactions whatever.
Fourth. Japanese subjects shall be free to engage in all kinds of
manufacturing industries in all the open cities, towns, and ports of China,.
and shall be at liberty to import into China all kinds of machinery,
paying only the stipulated duties thereon.
All articles manufactured by Japanese subjects in China shall, in
respect of inland transit and internal taxes, duties, charges, and exactions
of all kinds, and also in respect of warehousing and storage facilities in
the interior of China, stand upon the same footing and enjoy the same
privileges and exemptions as merchandise imported by Japanese subjects
into China.
In the event additional rules and regulations are necessary in connec-
tion with these concessions, they shall be embodied in the treaty of
commerce and navigation provided for by this article.
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382 THX AMSBICAN JOUBNAL OF INTSBHATIOITAL ULW
ASnCLB YIL
Subject to the provisions of the next sacoeeding article^ the evacoatiaQ
of China by the armies of Japan shall be completely effected within three
months after the exchange of the ratifications of the present act
ABTICLB vin.
As a guarantee of the faithful performance of the stipulations of this
act, China consents to the temporary occupation by the military forces
of Japan of Wei-hai-wei in the province of Shantung.
Upon the payment of the first two installments of the war indemnity
herein stipulated for and the exchange of the ratifications of the treaty
of commerce and navigation the said place shall be evacuated by the
Japanese forces, provided the Chinese Government consent to pledge,
under suitable and sii£Bcient arrangements, the customs revenue of China
as a security for the payment of the principal and interest of the remain-
ing installments of said indemnity.
It is, however, expressly understood, that no such evacuation shall
take place until after the exchange of the ratifications of the treaty of
commerce and navigation.
ABTICLB IX.
Immediately upon the exchange of the ratifications of this act all
prisoners of war then held shall be restored, and China undertakes not
to illtreat or punish prisoners of war so restored to her by Japan. China
also engages to at once release all Japanese subjects accused of being
military spies or charged with any other military offenses. China further
engages not to punish in any manner nor to dlow to be punished those
Chinese subjects who have in any maimer been compromised in their
relations with the Japanese army during the war.
ABTIOLB z.
All offensive military operations shall cease upon the exchange of the
ratifications of this act.
ABTICLB XI.
The present act shall be ratified by their majesties the Emperor of
China and the Emperor of Japan, and the ratifications shall be exchanged
at Chefoo, on the 14th day of the 4th month of the 28th year of Kwang
Hsu, corresponding to the 8th day of the 6th month of the 28th year of
Meiji.
In witness whereof the respective plenipotentiaries have signed the
•ame and have affixed thereto the seal of their arms.
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OFFICIAL DOOTTMSirTS 383
Done at Shimonoeeki^ in duplicate^ this 23d day of the 3d month of
the 2l8t year of Kwang Hsu, corresponding to the 17th day of the 4th
month of the 28th year of Meiji.
Li Hung Chang. [l. s.]
Plenipotentiary of His Majesty the Emperor of China,
Senior Tutor of the Heir Apparent^ Senior Orand
Secretary of State, Minister Superintendent of
Trade for the North Ports of China, Viceroy of the
Province of Chili, and Earl of the First lUuik.
Count Ito Hirobumi. [l. s.]
Jimii, Grand Cross of the Imperial Order of PauUow-
nia. Minister President of State, Plenipotentiary of
His Majesty the Emperor of Japan.
Viscount Mutbu Munemitsu. [l. s.]
Jmiii, First Class of the Imperial Order of the Sacred
Treasure, Minister of State for Foreign Affairs,
Plenipotentiary of His Majesty the ihnperor of
Japan.
Separate articlee.
ARTICLE I.
The Japanese military forces which are, under Article VIII of the
treaty of peace signed this day, to temporarily occupy Wei-hai-wei, shall
not exceed one brigade, and from the date of the exchange of the ratifi-
cations of the said treaty of peace China shall pay annually one-fourth
of the amount of the expenses of such temporary occupation, that is to
say, at the rate of 500,000 Kuping taels per annum.
ARTICLE II.
The territory temporarily occupied at Wei-hai-wei shall comprise the
island of Liu Kung and belt of land 5 Japanese Ri wide along the entire
coast line of the Bay of Wei-hai-wei. No Chinese troops shall be per-
mitted to approach or occupy any places within a zone of 6 Japanese Bi
wide beyond the boundaries of the occupied territory.
ARTICLE III.
The civil administration of the occupied territory shall remain in the
hands of the Chinese authorities. But such authorities shall at all times
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.::::rican journal of intebnational ulw
be obliged to conform to the orders which the commander of the Japanese
army of occupation may deem it necessary to give in the interest of the
health, maintenance, safety, distribution, or discipline of the troops.
All military offenses committed within the occupied territory shall be
subject to the jurisdiction of the Japanese military authorities.
The foregoing separate articles shall have the same force, value, and
effect as if they had been, word for word, inserted in the treaty of peace
signed this day.
(Signed as above.)
Convention.
ABTICLE I.
The convention of armistice concluded on the 5th day of the 3rd
month of the 21st year of Kwang Hsu, corresponding to the 30th day of
the 3d month of the 28th year of Meiji, from this date.
ARTICLE II.
The armistice, which is prolonged by this convention, shall terminate,
without notice on either side, at midnight on the 14th day of the 4th
month of the 21st year of Ewang Hsu, corresponding to the 8th day of
the 5th month of the 28th year of Meiji. The rejection in the meantime,
however, of the said treaty of peace, by either high contracting party,
shall have the effect of at once terminating this armistice without
previous notice.
(Signed as above.)
Convention between Japan and China for the Retrocession by Japan to
China of the Southern Portion of the Province of Peng-Tien.
[Signed at Peking, November 8, 1895. Ratifications Exchanged at Peking,
November 29, 1895.]
Article I. Japan retrocedes to China in perpetuity and full sover-
eignty the southern portion of the Province of Peng Tien, which was
ceded to Japan under Article II of the Treaty of Shimonoseki of the
17th day of the 4th month of the 28th year of Meiji, corresponding
to the 23rd day of the 3d month of the 21st year of Euang Hsu, together
with all fortifications, arsenals and public property thereon at the time
the retroceded territory is completely evacuated by the Japanese forces in
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OFFICIAL DOCUMENTS 885
accordance with the provisions of Article III of this Convention, that
is to say, the southern portion of the Province of Feng Tien from the
month of the River Yalu to the mouth of the River An-ping, thence to
Peng Huang Ch'eng, thence to Haicheng, and thence to Ying-Kow;
also all cities and towns to the south of this boundary and all islands
appertaining or belonging to the Province of Feng Tien situated in the
eastern portion of the Bay of Liao-Tung and in the northern part of
the Yellow Sea. Article III of the said Treaty of Shimonoseki is in
consequence suppressed, as are also the provisions in the same Treaty
with reference to the conclusion of a Convention to regulate frontier
intercourse and trade.
II. As compensation for the retrocession of the southern portion of
the Province of Feng Tien, the Chinese Government engage to pay to
the Japanese Government 30,000,000 Kuping taels on or before the 16th
day of the 11th month of the 28th year of Meiji, corresponding to the
30th day of the 9th month of the 21st year of Kuang Hsu.
III. Within three months from the day on which China shall have
paid to Japan the compensatory indemnity of 30,000,000 Kuping taels
provided for in Article II of this Convention, the retroceded territory
shall be completely evacuated by the Japanese forces.
IV. China engages not to punish in any maimer nor to allow to be
punished those Chinese subjects who have in any manner been compro-
mised in connection with the occupation by the Japanese forces of the
retroceded territory.
v. The present Convention is signed in duplicate, in the Japanese,
Chinese, and English languages. All these texts have the same meaning
and intention, but in case of any differences of interpretation between
the Japanese and Chinese texts, such differences shall be decided by
reference to the English text.
VI. The present Convention shall be ratified by His Majesty the
Emperor of Japan and His Majesty the Emperor of China, and the rati-
fications thereof shall be exchanged at Peking within twenty-one days
from the present date.
In witness whereof the respective Plenipotentiaries have signed the
same, and have affixed thereto the seal of their arms.
Done at Peking, this 8th day of the 11th month of the 28th year of
Meiji, corresponding to the 22nd day of the 9th month of the 21st
year of Kuang Hsu.
[l. 8.] Hatashi Tadasu.
[l. 8.] Li Hunq-Chano.
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386 THE AKEBICAV JOUBHAI* OF nTTSBNATIOHAI. ULW
ProiocoL
In view of the insiiflSciency of tiine to effect » formal exdumge of the
ratifications of the ConYention between Japan and China aigned this
day respecting the retrocession of the Peninsula of Feng Tien, before
the date named in the said Convention for certain stipulations thereof
to take effect, the Government of His Majesty the Emperor of Japan and-
the (xovemment of His Majesty the Emperor of China, in order to
prevent the possibility of delay in patting mto execution the several
provisions of the said Convention, have, through their respective Pleni-
potentiaries, agreed upon the following stipulations:
The Governments of Japan and China shall, within the period of
five days after the date of this Protocol, announce to each other through
the undersigned, their respective Plenipotentiaries, that the said Con-
vention has received the approval of His Majesty the Emperor of Japan
and His Majesty the Emperor of China, respectively, and thereupon the
said Convention in all its parts shall come into operation as fully and
effectually as if the ratifications thereof had actually been exchanged.
In witness whereof the respective Plenipotentiaries have signed the
same, and have affixed thereto the seal of their arms.
Done at Peking, this 8th day of the 11th month of the 28th year of
Meiji, corresponding to the 22nd day of the 9th month of the 21st
year of Kuang Hsu.
[l. 8.] Hayashi Tadasu.
[l. 8.] Li Hung-Chako.
Circular Note of July S, 1900, to the Powers Cooperating in China,
defining the purposes and policy of the United States.
[Circular telegram sent to the Fnited States embassies in Berlin, Paris,
London, Rome, and St. Petersburg, and to the United States missiims
in Vienna, Brussels, Madrid, Tokyo, The Hague, and Lisbon.]
Department of State,
Washington, July S, 1900.
In this critical posture of affairs in China it is deemed appropriate
to define the attitude of the United States as far as present circum-
stances permit this to be done. We adhere to the policy initiated by us
in 1867, of peace with the Chinese nation, of furtherance of lawful
commerce, and of protection of lives and property of our citizens by
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OFFICIAL DOCUMENTS 387
all means guaranteed under extraterritorial treaty rights and by the
law of nations. If wrong be done to our citizens we propose to hold the
responsible authors to the uttermost accountability. We regard the
condition at Pekin as one of virtual anarchy, whereby power and respon-
sibility are practically devolved upon the local provincial authorities.
So long as they are not in overt collusion with rebellion and use their
power to protect foreign life and property we regard them as representing
the Chinese people, with whom we seek to remain in peace and friend-
ship. The purpose of the President is, as it has been heretofore, to
act concurrently with the other powers, first, in opening up communi-
cation with Pekin and rescuing the American officials, missionaries, and
other Americans who are in danger; secondly, in affording all possible
protection everyjrhere in China to American life and property; thirdly,
in guarding and protecting all legitimate American interests; and
fourthly, in aiding to prevent a spread of the disorders to the other
provinces of the Empire and a recurrence of such disasters. It is, of
course, too early to forecast the means of attaining this last result ; but
the policy of the Government of the United States is to seek a solution
which may bring about permanent safety and peace to China, preserve
Chinese territorial and administrative entity, protect all rights guaran-
teed to friendly powers by treaty and international law, and safeguard
for the world the principle of equal and impartial trade with all parts of
the Chinese Empire.
You will communicate the purport of this instruction to the minister
for foreign affairs.
Hat.
Agreement between Oreat Britain and Oermany defining their mutuat
policy in China.
[Signed at London, 16tb October, 1900.]
Her Britannic Majesty's. Government and the Imperial German Gov-
ernment being desirous to maintain their interests in China and* their
rights under existing Treaties, have agreed to observe the following
principles in regard to their mutual policy in China :
1. It is a matter of joint and permanent international interest that
the ports on the rivers and littoral of China should remain free and open
to trade and to every other legitimate form of economic activity for the
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388 THE AMERICAN JCfUWEAL, CT UUBBAAnOSAL UkW
nBtiooalfl of all conntries without dutmetiao; and die two
agree on their part to uphold the same for all Chiiwai teiiiiuKi as far
at they can exercise inflnenrp,
2, Her Britannic Ifajeatj's Goremment and the Impcnal Gennan
Goremment will not, on their part, make nse of the preaent cmplicft-
tion to obtain for themselTes anj territorial adrantages in Chineae
dominions, and will direct their policy towards maintaining mdimiA-
ished the territorial condition of the Chineae Empire
3. In case of another Power making nse of the wimpBcatioBs m
China in order to obtain under any form whatefcr such territorial
advantages, the two Contracting Parties resenre to theinHpl feg to come to
a preliminary understanding as to the CYentnal steps to be takm for
the protection of their own interests in China.
4« The two Governments will communicate this Agreement to the
other Powers interested, and especially to Austria-Hungarj, Franee,
Italy, Japan, Bussia, and the United States of America, and wiD invite
them to accept the principles recorded in it
Salisbubt.
Hatzruit.
Final Protocol between the Powers and China, signed September 7, 1902.
The plenipotentiaries of Germany, His Excellenqr M. A. Mumm vfm
Schwarzenstein ; of Austria-Hungary, His Excellenqr M. M. Czikann von
Wahlbom; of Belgium, His Excellency M. Joostens; of Spain, M. B. J.
de Cologan; of the United States, His Excellency M. W. W. Bockhill;
of France, His Excellency M. Paul Beau; of Great Britain, His Excel-
lency Sir Ernest Satow; of Italy, Marquis Salvago Baggi; of Japan,
His Excellency M. Jutaro Jomura; of the Netherlands, His Excellency
M. F. M. Knobel; of Bussia, His Excellency M. M. de Giers; and of
China, His Highness Yi-K'uang Prince Ching of the first rank. Presi-
dent of the Ministry of Foreign Affairs, and His Excellency li Hnng-
chang, Earl of Su-i of the first rank. Tutor of the Heir Apparent, Grand
Secretary of the Wen-hua Throne Hall, Minister of commerce. Superin-
tendent of the northern trade, Governor-General of Chihli, have met
for the purpose of declaring that China has complied to the satisfaction
of the Powers with the conditions laid down in the note of the 22d of
December, 1900, and which were accepted in their entirety by His
Majesty the Emperor of China in a decree dated the 27th of December.
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OFFICIAL DOCUMSNTS 389
ABTICLB la.
By an Imperial Edict of the 9th of June last, Tsai Feng, Prince of
Ch'un, was appointed Ambassador of His Majesty the Emperor of China,
and directed in that capacity to convey to His Majesty the German
Emperor the expression of the regrets of His Majesty the Emperor of
China and of the Chinese Government for the assassination of His
Excellency the late Baron von Ketteler, German minister.
Prince Ch'nn left Peking the 12th of July last to carry out the orders
which had been given him.
ARTICLE lb.
The Chinese Government has stated that it will erect on the spot of
the assassination of His Excellency the late Baron von Ketteler a com-
memorative monument, worthy of the rank of the deceased, and bearing
an inscription in the Latin, Gterman, and Chinese languages, which shall
express the regrets of His Majesty the Emperor of China for the murder
committed.
Their Excellencies the Chinese Plenipotentiaries have informed His
Excellency the German Plenipotentiary, in a letter dated the 22nd of
July last that an arch of the whole width of the street would be erected
on the said spot, and that work on it was begun the 25th of June last.
ARTICLE iia.
Imperial Edicts of the 13th and 21st of February, 1901, inflicted the
following punishments on the principal authors of the outrages and
crimes committed against the foreign Grovemments and their nationals:
Tsai-I Prince Tuan and Tsai Lan Duke Fu-kuo were sentenced to be
brought before the autumnal court of assize for execution, and it was
agreed that if the Emperor saw fit to grant them their lives, they should
be exiled to Turkestan and there imprisoned for life, without the possi-
bility of commutation of these punishments.
Tsai Hsun Prince Chuang, Ying Nien, President of the Court of
censors, and Chao Shu-Chiao, President of the Board of punishments,
were condemned to commit suicide.
Yu Hsien, Governor of Shanhsi, Chi Hsiu, President of the Board of
rites, and Hsu Cheng-yu, formerly senior vice-President of the Board
of punishments, were condemned to death.
Posthumous degradation was inflicted on Kang Ti, assistant Grand
Secretary, President of the Board of works, Hsu Tung, Grand Secretary,
and Li Ping-heng, formerly Governor-General of Szu-cb'uan.
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390 THE AMERICAN JOUBNAI. OF INTBBNATIONAL LAW
An Imperial Edict of February 13th, 1901, rehabilitated the memories
of Hsu Yimg-yi, President of the Board of war. Id Shan, President of
the Board of works, Hsu Ching-cheng, senior vice-President of the Board
of works. Lien Yuan, vice-Chancellor of the Grand Council, and Yuan
Chang, Vice-President of the Court of sacrifices, who had been put to
death for having protested against the outrageous breaches of interna-
tional law of last year.
Prince Chuang committed suicide the 2l8t of February, 1901, Ying
Nien and Chao Shu-chiao the 24th, Yu Hsien was executed the 22nd,
Chi Hsiu and Hsu Cheng-yu on the 26th. Tung Fu-hsiang, Oeneral
in Kan-su, has been deprived of his ofiBce by Imperial Edict of the 13th
of February, 1901, pending the determination of the final punishment to
be inflicted on him.
Imperial Edicts dated the 29th of April and 19th of August, 1901,
have inflicted various punishments on the provincial oflScials convicted
of the crimes and outrages of last summer.
ABTIOLE lib.
An Imperial Edict promulgated the 19th of August, 1901, ordered the
suspension of official examinations for five years in all cities where for-
eigners were massacred or submitted to cruel treatment.
ARTICLE III.
So as to make honorable reparation for the assassination of Mr. Sugi-
yama, chancellor of the Japanese legation. His Majesty the Emperor of
China by an Imperial Edict of the 18th of June, 1901, appointed Na
Tung, Vice-President of the Board of revenue, to be his Envoy Extraor-
dinary, and specially directed him to convey to His Majesty the
Emperor of Japan the expression of the regrets of His Majesty the
Emperor of China and of his Government at the assassination of the late
Mr. Sugiyama.
ABTICLE IV.
The Chinese Government has agreed to erect an expiatory monument
in each of the foreign or international cemeteries which were desecrated
and in which the tombs were destroyed.
It has been agreed with the Representatives of the Powers that the
legations interested shall settle the details for the erection of these
monuments, China bearing all the expenses thereof, estimated at ten
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OFFICIAL DOCUMENTS 391
thousand taels for the cemeteries at Peking and within its neighborhood,
and at five thousand taels for the cemeteries in the provinces. The
amounts have been paid and the list of these cemeteries is enclosed
herewith.
ABTICLB V.
China has agreed to prohibit the importation into its territory of
arms and ammunition, as well as of materials exclusively used for the
manufacture of arms and ammunition.
An Imperial Edict has been issued on the 25th of August, 1901,
forbidding said importation for a term of two years. New Edicts may
be issued subsequently extending this by other successive terms of two
years in case of necessity recognized by the Powers.
ABTICLB VI.
By an Imperial Edict dated the 29th of May, 1901, His Majesty the
.Emperor of China agreed to pay the Powers an indemnity of four hun-
dred and fifty millions of Haikwan taels. This sum represents the total
amount of the indemnities for States, companies or societies, private
individuals, and Chinese referred to in Article VI of the note of Decem-
ber 22nd, 1900.
(a) These four hundred and fifty millions constitute a gold debt
calculated at the rate of the Haikwan tael to the gold currency of each
country, as indicated below :
Haikwan tael = marks 3.055
= Austro-Hungary crown 3.695
= gold dollar 0.742
= francs 3.750
= pound sterling 3s. Od.
= yen 1.407
= Netherlands florin 1.796
= gold rouble (17.424 dolias fine) 1.412
This sum in gold shall bear interest at 4 per cent per annum, and
the capital shall be reimbursed by China in thirty-nine years in the
manner indicated in the annexed plan of amortization.
Capital and interest shall be payable in gold or at the rates of
exchange corresponding to the dates at which the different payments iall
doe.
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392 THE AMESIGAN JOURNAL OF INTEBNATIONAL LAW
The amortization shall commenoe the Ist of January^ 1902, and shall
finish at the end of the year 1940. The amortizations are payable
annually, the first payment being fixed on the 1st of January, 1903.
Interest shall run from the 1st of July, 1901, but the Chinese Oovem-
ment shall have the right to pay off within a term of three years, begin-
ning January, 1902, the arrears of the first six months, ending the
3 let of December, 1901, on condition, however, that it pays compound
interest at the rate of 4 per cent per annum on the simas the payments
of which shall have thus been deferred. Interest shall be payable semi-
annually, the first payment being fixed on the 1st of July, 1902.
(b) The service of the debt shall take place in Shanghai, in the
following manner:
Each Power shall be represented by a delegate on a commission of
bankers authorized to receive the amount of interest and amortization
which shall be paid to it by the Chinese authorities designated for that
purpose, to divide it among the interested parties, and to give a receipt
for the same.
(c) The Chinese Oovemment shall deliver to the Doyen of the Diplo-
matic Corps at Peking a bond for the lump sum, which shall subse-
quently be converted into fractional bonds bearing the signatures of the
delegate of the Chinese Oovemment designated for that purpose. This
operation and all those relating to issuing of the bonds shall be performed
by the above-mentioned Commission, in accordance with the instructions
which the Powers shall send their delegates.
(d) The proceeds of the revenues assigned to the payment of the
bonds shall be paid monthly to the Commission.
(e) The revenues assigned as security for the bonds are the following:
1. The balance of the revenues of the Imperial maritime Customs
after payment of the interest and amortization of preceding loans secured
on these revenues, plus the proceeds of the raising to five per cent
effective of the present tariff on maritime imports, including articles
until now on the free list, but exempting foreign rice, cereals, and flour,
gold and silver, bullion and coin.
2. The revenues of the native customs, administered in the open porta
by the Imperial maritime Customs.
3. The total revenues of the salt gabelle, exclusive of the fraction
previously set aside for other foreign loans.
The raising of the present tariff on imports to five per cent effective is
agreed to on the conditions mentioned below.
It shall be put in force two months after the signing of the preaent
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OFFICIAL DOCUMENTS 393
protocol, and no exceptions shall be made except for merchandise shipped
not more than ten days after the said signing.
V. All duties levied on imports " ad valorem " shall be converted as
far as possible and as soon as may be into specific duties. This conver-
sion shall be made in the following manner: The average value of
merchandise at the time of their landing during the three years 1897,
1898, and 1899, that is to say, the market price less the amount of import
duties and incidental expenses, shall be taken as the basis for the valua-
tion of merchandise. Pending the result of the work of conversion,
duties shall be levied ^'ad valorem.^'
2®. The beds of the rivers Peiho and Whangpu shall be improved with
the financial participation of China.
ABTICLB VII.
The Chinese Government has agreed that the quarter occupied by the
legations shall be considered as one specially reserved for their use and
placed under their exclusive control, in which Chinese shall not have the
right to reside and which may be made defensible.
The limits of this quarter have been fixed as follows on the annexed
plan:
On the west, the line 1, 2, 3, 4, 5.
On the north, the line 5, 6, 7, 8, 9, 10.
On the east, Ketteler street (10, 11, 12).
Drawn along the exterior base of the Tartar wall and following the
line of the bastions, on the south line of 12.1.
In the protocol annexed to the letter of the 16th of January, 1901,
China recognized the right of each Power to maintain a permanent guard
in the said quarter for the defense of its legation.
ABTICLB VIII.
The Chinese Grovemment has consented to raze the forts of Taku and
those which might impede free communication between Peking and the
sea; steps have been UJnen for carrying this out.
ABTIOLB IX.
The Chinese (Government has conceded the right to the Powers in the
protocol annexed to the letter of the 16th of January, 1901, to occupy
certain points, to be determined by an agreement between them, for the
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394 THE AMEBICAN JOURNAL OF INTBBNATIONAL LAW
maintenance of open communication between the capital and the sea.
The points occupied by the powers are :
Huang-tsun, Lang-fang^ Yang-tsun^ Tientsin, Chun-liang Ch'eng,
Tang-kUy Lu-tai, Tang-shan, Lan-chou, Chang-li, Ch'in-wang tao, Shan-
hai-kuan.
ARTICLE X.
The Chinese Oovemment has agreed to post and to have published
during two years in all district cities the following Imperial Edicts :
(a) Edict of the 1st of February, prohibiting forever, under pain of
death, membership in any antiforeign society.
(b) Edicts of the 13th and 21st February, 29th April, and 19th
August, enumerating the punishments inflicted on the guilty.
(c) Edict of the 19th August, 1901, prohibiting examinations in
aU cities where foreigners were massacred or subjected to cruel treatment.
(d) Edict of the 1st of February, 1901, declaring all governors-
general, governors, and provincial or local officials responsible for order
in their respective districts, and that in case of new antiforeign troubles
or other infractions of the treaties which shall not be immediately
repressed and the authors of which shall not have been pxmished, these
officials shall be immediately dismissed, without possibility of being
given new functions or new honors.
The posting of these edicts is being carried on throughout the Empire.
ARTIOLB XI.
The Chinese Oovemment has agreed to negotiate the amendments
deemed necessary by the foreign governments to the treaties of commerce
and navigation and the other subjects concerning commercial relations,
with the object of facilitating them.
At present, and as a result of the stipulation contained in Article YI
concerning the indemnity, the Chinese Oovemment agrees to assist in
the improvement of the courses of the rivers Peiho and Whangpu, as
stated below.
(a) The works for the improvement of the navigability of the Peiho,
begun in 1898 with the cooperation of the Chinese Oovemment, have
been resumed under the direction of an international Commission. As
soon as the administration of Tientsin shall have been handed back to
the Chinese Oovemment, it will be in a position to be represented on this
commission, and will pay each year a sum of sixty thousand Haikwan
taels for maintaining the works.
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OFFICIAL DOCUMENTS 395
(b) A conBervancy Board, charged with the management and control
of the works for straightening the Whangpn and the improvement of the
course of that river, is hereby created.
This Board shall consist of members representing the interests of the
Chinese Government and those of foreigners in the shipping trade of
Shanghai. The expenses incurred for the works and the general manage-
ment of the undertaking are estimated at the annual sum of four hundred
and sixty thousand Haikwan taels for the first twenty years. This sum
shall be supplied in equal portions by the Chinese Government and the
foreign interests concerned. Detailed stipulations concerning the compo-
sition, duties, and revenues of the conservancy board are embodied in
annex No. 17.
ABTIOLB XII.
An Imperial Edict of the 24th of July, 1901, reformed the Office of
foreign affairs, (Tsungli Yamen), on the lines indicated by the Powers,
that is to say, transformed it into a Ministry of foreign affairs (Wai-wu
Pu), which takes precedence over the six other Ministries of State. The
same edict appointed the principal members of this Ministry.
An agreement has also been reached concerning the modification of
Court ceremonial as regards the reception of foreign Representatives and
has been the subject of several notes from the Chinese Plenipotentiaries,
the substance of which is embodied in a memorandum herewith annexed.
Finally, it is expressly understood that as regards the declarations
specified above and the annexed documents originating with the foreign
Plenipotentiaries, the French text only is authoritative.
The Chinese Government having thus complied to the satisfaction of
the Powers with the conditions laid down in the above-mentioned note
of December 22nd, 1900, the Powers have agreed to accede to the wish
of China to terminate the situation created by the disorders of the
summer of 1900. In consequence thereof the foreign Plenipotentiaries
are authorized to declare in the names of their Governments that, with
the exception of the legation guards mentioned in Article VII, the inter-
national troops will completely evacuate the city of Peking on the 17th
September, 1901, and, with the exception of the localities mentioned in
Article IX, will withdraw from the province of Chihli on the 22d of
September.
The present final Protocol has been drawn up in twelve identic copies
and signed by all the Plenipotentiaries of the Contracting Countries.
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396 THE AMERICAS JOUBKAI. OF IHTEBNATIONiX LAW
One copy shall be given to each of the foreign PlenipotentiarieBy and one
copy shall be given to the Chinese Plenipotentiaiiea.
Peking, 7th September, 1901.
A. V. MUHH.
M. CZIKAKK.
JOOSTENS.
B. J. DE CoLOGAN. / SignatoFSi
W. W. BocKHiLL. I and
Beau. ] seals
Ernest Satow. S of
Salvaqo Ragqi. / Chinese
JuTARo EoMURA. yplenipotentiaries./
F. M. Enobel.
M. DB GlERS.
(Annexes omitted from this publication.)
Convention Entre La Rnssie et le Japon Signee h St. Petersbourg le
17/30 Juillet 1907.
Le Oouvemement de SA MAJESTY I'EMPEREUR de toutes les
Bussies et le Oouvemement de Sa Majesty I'Empereur du Japon,
d^ireux de consolider les rapports de paix et de bon voisinage qui se
sont heureusement ritablis entre la Sussie et le Japon et voulant ^rter
pour Tavenir toute cause de malentendus dans les relations des deux
empires, sont convenus des dispositions suivantes:
Article. I. Chacune des deux hautes parties contractantes s'engage k
respecter I'int^griti territoriale actuelle de I'autre et tous les droits
dteoulant pour I'une et pour I'autre partie, des traits, conventions et
contrats en vigueur entre elles et la Chine, copies desquels ont M
^hang^ entre les parties contractantes, — en tant que ces croits ne sont
pas incompatibles avec le principe de I'opportuniti ^ale, — du trait6
signi k Portsmouth le 5 Septembre/23 Aout 1905, ainsi que des conven-
tions spfciales conclues entre la Russie et le Japon.
Article II. Les deux hautes parties contractantes reconnaissent Tind^-
pendence et Pint^grit^ terrioriale de Tempire de Chine et le principe de
I'opportunit^ 6gale pour ce qui conceme le commerce et Findustrie de
toutes nations dans cet empire, et s'engagent k soutenir et k d^fendre
le maintien du statu quo et le respect de ce principe par tous les moyena
pacifiques k leur portfe.
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OFFICIAI^ DOOUHBNTS 397
En f oi de qnoi les sonssigniB, dAment autoriste par lenr Gouyemements
respectif 8, ont signi cette convention et y ont apport lenrs sceanz.
Fait k St. P^tersbonrg, le 17/30 JniUet 1907.
[Translation.]
The Oovemment of His Majesty the Emperor of Japan and the
Oovemment of His Majesty the Emperor of all the Russias, being desir-
ous to consolidate relations of peace and good neighborhood which have
happily been restored between Japan and Russia, and wishing to remove
for the future all cause of misunderstanding in the relations of the Two
Empires, have agreed upon the following stipulations :
Art. I. Each of the High Contracting Parties engages to respect the
actual territorial integrity of the other, and all rights due now both
Parties by virtue of treaties, conventions and contracts now in force
between them and China, copies of which have been exchanged between
the Contracting Parties (so far as those rights are not incompatible with
the principle of equal opportimity), as well as by virtue of the Treaty
signed at Portsmouth on-^^^^;^ 1905 and the Special Conventions
concluded between Japan and Russia.
Art. II. The two High Contracting Parties recognize the independ-
ence and territorial integrity of the Empire of China and the principle
of equal opportunity for the commerce and industry of all nations in
that Empire, and engage to uphold and support the maintenance of status
quo and the respect for the said principle by all pacific means at their
disposal.
The Undersigned duly authorized by their respective Oovemments
have signed this Convention and have afiBzed thereto their seals.
Done at St. Petersburg this day ^^, 1907.
(Signed) I. Motoko.
(Signed) A. Izvolskt.
AOfiEEMENT BETWEEN JAPAN AND GOBBA, SIGNED AT SEOUL JOLT 24,
1907, EELATINO TO THE INTEBNAL ADMINI8TBATI0N OF OOBBA.
[TftAlfBLAHON.]
The Government of Japan and the Government of Corea, being ani-
mated by the desire to attain speedy development of the strength and
resources of Corea and to promote the welfare of her people, have, with
that object in view, agreed upon the following stipulations :
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898 THE AMERICAS JOTTSLSAI^ OF IimSHATIOHAI« I^W
ABTICLE I. The OoTemmeiit of Corea shall act onder the giddnoe
of the Beaident General, in respect to reforms in adminiatratioiL
ABTICLE II. The Government of Corea oigage not to enact any
laws, ordinances, r^ulations, nor to take any important measnrea ci
administration without the previous assent of the Resident General
ARTICLE III. Judicial afEaira in Corea shall be set apart from tha
affairs of ordinary administration.
ARTICLE IV. The appointment and dismissal of all the high offidala
in Corea shall be made with the concorrence of the Resident GeneraL
ARTICLE v. The Government of Corea shall appoint as Corean (A-
dais Japanese subjects reconunended by the Resident General.
ARTICLE YI. The Government of Corea shall not engage the ser-
vices of any foreigner without the concurrence of the Resident GeneraL
ARTICLE VII. Article I of the Protocol, signed between Japan and
Corea on August 22nd, 1904, shall hereafter cease to be binding.
In witness whereof, the undersigned duly authorized by their respective
Crovemments, have signed this Agreement and have aflBxed thereto their
(Signed) Marquis Ito,
Japanese Resident GeneraL
(Signed) Ye Wan Yong,
Prime Minister of Corea.
The 24th day of the 7th month of the 40th year of MeijL (July 9i,
1907.)
OOKVENTION SIGNED ON AUGUST 31, 1907, BETWEEN GREAT BBITAnr AND
RUSSIA, CONTAINING ARRANGEMENTS ON THE SUBJECT OP PBRSIAy
APGHANI8TAN, AND THIBET.
No. 1.
Sir Edward Orey to Sir A. Nicolson.
Sir, Foreign Office, August 99, 1907.
I have to-day authorized your Excellency by tel^raph to sign a Con-
vention with the Russian (Government containing Arrangements on the
subject of Persia, Afghanistan, and Thibet.
The Arrangement respecting Persia is limited to the r^ons of that
country touching the respective frontiers of Oreat Britain and Russia
in Asia, and the Persian Oulf is not part of those regions, and is only
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OFFICIAL DOOUMBNT8 399
partly in Persian territory. It has not therefore been considered appro-
priate to introduce into the Convention a positive declaration respecting
special interests possessed by Great Britain in the Gulf, the result of
British action in those waters for more than a hundred years.
His Majesty's Government have reason to believe that this question
will not give rise to diificulties between the two Governments should
developments arise which make further discussion affecting British inter-
ests in the Gulf necessary. For the Bussian Government have in the
course of the negotiations leading up to the conclusion of this Arrange-
ment explicitly stated that they do not deny the special interests of Great
Britain in the Persian Gulf — a statement of which His Majesty's
Government have formally taken note.
In order to make it quite clear that the present Arrangement is not
intended to affect the position in the Gulf , and does not imply any change
of policy respecting it on the part of Great Britain, His Majesty's Gov-
emment think it desirable to draw attention to previous declarations of
British policy, and to reafSrm generally previous statements as to British
interests in the Persian Gulf and the importance of maintaining them.
His Majesty's Government will continue to direct all their efforts to
the preservation of the status quo in the Gulf and the maintenance of
British trade; in doing so, they have no desire to exclude the legitimate
trade of any other Power.
I am, Ac.
(Signed) E. Gbbt.
No. 2. i
Sir A. Nieohon to Sir Edward Orey.
Sir, St. Petbbsbuboh, August SI, 1907.
I have the honour to transmit herewith the Convention which was
signed to-day by M. Iswolsky and myself for the settlement of certain
questions affecting the interests of Great Britain and Bussia in Asia.
I also beg leave to forward a note which I received from M. Iswolsky
in response to a communication from me, of which a copy is herewith
indoeed, on the subject of the entry of scientific missions into Thibet.
I have, ftc.
(Signed) A. Nioolson.
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400 THB AMESICAN JOUBlf AL OF IKTKRHATIOSAI. I^W
Convention,
His Majesty the King of the United Ejngdom of Great Biitaiii and
Ireland and of the British Dominions beyond the Seas, Empenyr of India,
and His Majesty the Emperor of All the BnssiaSy animated by the sis-
cere desire to settle by mutual agreement different questions ooneeniiiig
the interests of their States on the Continent of Asia, have determined to
conclude Agreements destined to prevent all cause of misunderstanding
between Great Britain and Bussia in regard to the questions referred to,
and have nominated for this purpose tii&i respective Plenipotentiariea,
to wit:
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of
India, the Bight Honourable Su* Arthur Nicolson, His Majesty's Am-
bassador Extraordinary and Plenipotentiary to His Majesty the Emperor
of All the Bussias;
His Majesty the Emperor of All the Bussias, the Master of his Court
Alexander Iswolsky, Minister for Foreign Affairs;
Who, having communicated to each other their full powers, found in
good and due form, have agreed on the following: —
ARfiANOEHENT CONCERNING PERSIA.
The Governments of Great Britain and Bussia having mutually
engaged to respect the integrity and independence of Persia, and sincerely
desiring the preservation of order throughout that country and its peace-
ful development, as well as the permanent establishment of equal advant-
ages for the trade and industry of all other nations ;
Considering that each of them has, for geographical and economic
reasons, a special interest in the maintenance of peace and order in certain
provinces of Persia adjoining, or in the neighbourhood of, the Bussian
frontier on the one hand, and the frontiers of Afghanistan and Balu-
chistan on the other hand ; and being desirous of avoiding all cause of
conflict between their respective interests in the above-mentioned
Provinces of Persia ;
Have agreed on the following terms : —
Great Britain engages not to seek for herself, and not to support in
favour of British subjects, or in favour of the subjects of third Powers,
any Concessions of a political or commercial nature — aoch as Conceft-
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OFFICIAL DOCUMENTS 401
sions for railwaye, banks^ telegraphs, roads, transport, insurance, &c. —
beyond a line starting from Kasr-i-Shirin, passing through Isfahan,
Yezd, Eakhk, and ending at a point on the Persian frontier at the inter-
section of the Russian and Afghan frontiers, and not to oppose, directly
or indirectly, demands for similar Concessions in this region which are
supported by the Russian Government. It is understood that the above-
mentioned places are included in the region in which Oreat Britain
engages not to seek the Concessions referred to.
II.
Russia, on her part, engages not to seek for herself and not to support,
in favour of Russian subjects, or in favour of the subjects of third
Powers, any Concessions of a political or commercial nature — such as
Concessions for railways, banks, telegraphs, roads, transport, insurance,
Ac. — beyond a line going from the Afghan frontier by way of Gazik,
Birjand, Eerman, and ending at Bunder Abbas, and not to oppose,
directly or indirectly, demands for similar Concessions in this region
which are supported by the British Government. It is understood that
the above-mentioned places are included in the region in which Buflsia
engages not to seek the Concessions referred to.
ui.
Russia, on her part, engages not to oppose, without previous arrange-
ment with Great Britain, the grant of any Concessions whatever to
British subjects in the regions of Persia situated between the lines
mentioned in Articles I and II.
Great Britain undertakes a similar engagement as regards the grant
of Concessions to Russian subjects in the same regions of Persia.
All Concessions existing at present in the regions indicated in Articles
I and II are maintained.
IV.
It is understood that the revenues of all the Persian customs, with
the exception of those of Farsistan and of the Persian Gulf, revenues
guaranteeing the amortization and the interest of the loans concluded
by the Government of the Shah with the ^'Banque d'Escompte et des
Prets de Perse '' up to the date of the signature of the present Arrange-
ment, shall be devoted to the same purpose as in the past.
It is equally understood that the revenues of the Persian customs of
Farsistan and of the Persian Gulf, as well as those of the fisheries on the
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402 THE AMEBICA1X JOURNAL OF INTERNATIONAL LAW
Persian shore of the Caspian Sea and those of the Posts and Telegraphs,
shall be devoted, as in the past, to the service of the loans concluded by
the Government of the Shah with the Imperial Bank of Persia up to the
date of the signature of the present Arrangement.
V.
In the event of irregularities occurring in the amortization or the pay-
ment of the interest of the Persian loans concluded with the " Banque
d'Escompte et des Prets de Perse ^' and with the Imperial Bank of Persia
up to the date of the signature of the present Arrangement, and in the
event of the necessity arising for Russia to establish control over the
sources of revenue guaranteeing the regular service of the loans concluded
with the first-named bank, and situated in the region mentioned in
Article II of the present Arrangement, or for Great Britain to establish
control over the sources of revenue guaranteeing the regular service of
the loans concluded with the second-named* bank, and situated in the
region mentioned in Article I of the present Arrangement, the British
and Bussian Governments undertake to enter beforehand into a friendly
exchange of ideas with a view to determine, in agreement with each
other, the measures of control in question and to avoid all interference
which would not be in conformity with the principles governing the
present Arrangement.
CONVENTION OONOBBNINO AFGHANISTAN.
The High Contracting Parties, in order to ensure perfect security on
their respective frontiers in Central Asia and to maintain in these regions
a solid and lasting peace, have concluded the f oUowing Convention : —
ARTICLE I.
His Britannic Majesty's Government declare that they have no inten-
tion of changing the political status of Afghanistan.
His Britannic Majesty's Government further engage to exercise their
influence in Afghanistan only in a pacific sense, and they will not them-
selves take, nor encourage Afghanistan to take, any measures threatening
Russia.
The Bussian Government, on their part, declare that they recognize
Afghanistan as outside the sphere of Bussian influence, and they engage
that all their political relations with Afghanistan shall be conducted
through the intermediary of His Britannic Majesty's Government; they
further engage not to send any Agents into Afghanistan.
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OFFICIAL DOCUMENTS 403
ABTICLB II.
The Oovermnent of His Britaimic Majesty having declared in the
Treaty signed at Kabul on the 2l8t March^ 1905, that they recognize the
Agreement and the engagements concluded with the late Ameer Abdur
Rahman, and that they have no intention of interfering in the internal
government of Afghan territory, Great Britain engages neither to annex
nor to occupy in contravention of that Treaty any portion of Afghanistan
or to interfere in the internal administration of the country, provided
that the Ameer fulfils the engagements already contracted by him towards
His Britannic Majesty's Grovemment under the above-mentioned Treaty.
ARTICLE m.
The Bussian and Afghan authorities, specially designated for the pur-
pose on the frontier or in the frontier provinces, may establish direct
relations with each other for the settlement of local questions of a non-
political character.
ARTICLE IV.
His Britannic Majesty's Oovermnent and the Bussian Government
afiSrm their adherence to the principle of equality of commercial oppor-
tunity in Afghanistan, and they agree that any facilities which may have
been, or shall be hereafter obtained for British and British-Indian trade
and traders, shall be equally enjoyed by Bussian trade and traders.
Should the progress of trade establish the necessity for Commercial
Agents, the two Oovemments will agree as to what measures shall be
taken, due regard, of course, being had to the Ameer's sovereign rights.
ARTICLE V.
The present Arrangements will only come into force when His Britan-
nic Majesty's Government shall have notified to the Bussian Grovemment
the consent of the Ameer to the terms stipulated above.
ARRANGEMENT CONCERNING THIBET.
The Oovemments of Great Britain and Bussia recognizing the suzerain
rights of China in Thibet, and considering the fact that Great Britain,
by reason of her geographical position, has a special interest in the main-
tenance of the status quo in the external relations of Thibet, have made
the f oUowing Arrangement : —
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404 THE AMSJEUOAN JOUSNAL OF INTERNATIONAL LAW
ABTIOLE I.
The two High Contracting Parties engage to respect the territorial
integrity of Thibet and to abstain from all interference in its internal
administration.
ABTICLE II.
In conformity with the admitted principle of the suzerainty of China
over Thibet^ Oreat Britain and Bussia engage not to enter into negotia-
tions with Thibet except through the intermediary of the Chinese (Gov-
ernment. This engagement does not exclude the direct relations between
British Commercial Agents and the Thibetan authorities provided for
in Article V of the Convention between Great Britain and Thibet of the
7th September, 1904, and confirmed by the Convention between Oreat
Britain and China of the 27th Aprils 1906 ; nor does it modify the engage-
ments entered into by Great Britain and China in Article I of the said
Convention of 1906.
It is clearly understood that Buddhists, subjects of Great Britain or
of Bussia, may enter into direct relations on strictly religious matters
with the Dalai Lama and the other representatives of Buddhism in
Thibet; the Governments of Great Britain and Bussia engage, as far as
they are concerned, not to allow those relations to infringe the stipula-
tions of the present Arrangement.
ARTICLE in.
The British and Bussian Governments respectively engage not to send
Bepresentatives to Lhassa.
ABTIOLE IV.
The two High Contracting Parties engage neither to seek nor to
obtain, whether for themselves or their subjects, any Concessions for
railways, roads, telegraphs, and mines, or other rights in Thibet.
ABTIOLE V.
The two Governments agree that no part of the revenues of Thibet,
whether in kind or in cash, shall be pledged or assigned to Great Britain
or Bussia or to any of their subjects.
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OFFICIAL DOCUMENTS 405
AKNXX TO THX ABRANOEMENT BETWEEN GREAT BRITAIN AND RUSSIA
CONCERNING THIBET.
Oreat Britain reafl&rms the Declaration^ signed by his Excellency the
Viceroy and Oovernor-Oeneral of India and appended to the ratification
of the Convention of the 7th September, 1904, to the efEect that the occu-
pation of the Chmnbi Valley by British forces shall cease after the pay-
ment of three annual instalments of the indemnity of 25,000,000 rupees,
provided that the trade marts mentioned in Article II of that Convention
have been effectively opened for three years, and that in the meantime
the Thibetan authorities have faithfully complied in all respects with
the terms of the said Convention of 1904. It is clearly understood that
if the occupation of the Chumbi Valley by the British forces has, for any
reason, not been terminated at the time anticipated in the above Declara-
tion, the British and Russian Oovemments will enter upon a friendly
exchange of views on this subject.
The present Convention shall be ratified, and the ratifications ex-
changed at St. Petersburgh as soon as possible.
In witness whereof the respective Plenipotentaries have signed the
present Convention and affixed thereto their seals.
Done in duplicate at St. Petersburgh, the 18th (31st) August, 1907.
(L. S.) A. NiooLsoN.
(L. S.) ISWOLSKT.
Indosure 2 in No. 2.
Sir A^ Nicohon to M, Iswolshy.
M. le Ministre, St. Petersburgh, August 18 (SI), 1907.
With reference to the Arrangement regarding Thibet, signed today, I
have the honour to make the following Declaration to your Excellency : —
^'His Britannic Majesty's Government think it desirable, so far as
they are concerned, not to allow, unless by a previous agreement with
the Bussian Government, for a period of three years from the date of the
present communication, the entry into Thibet of any scientific mission
whatever, on condition that a like assurance is given on the part of the
Imperial Bussian Government.
'^ His Britannic Majesty's Government propose, moreover, to approach
the Chinese Goyemment with a view to induce them to accept a similar
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406 THE AMEBICAl!f JOUBNAL OF INTBBNATIONAL LAW
obligation for a corresponding period; the Bnsaian Govenunmt will, as
a matter of course^ take similar action.
'^ At the expiration of the term of three years above mentioned His
Britannic Majesty's Oovemment will, if necessary, consult with the Rus-
sian Oovemment as to the desirability of any ulterior measures with
regard to scientific expeditions to Thibet/'
I avail, ftc.
(Signed) A. Nioolsok.
Indosure 3 in No. 2.
M. Istvohky to Sir A. Nicolson.
M. TAmbassadeur, St. Petersburgh, August 18 (SI), 1907.
In reply to your Excellency's note of even date, I have the honour to
declare that the Imperial Bussian Oovemment think it desirable, so
far as they are concerned, not to allow, unless by a previous agreement
with the British Government, for a period of three years from the date
of the present communication, the entry into Thibet of any scientific
mission whatever.
like the British Oovemment, the Imperial Oovemment propose to
approach the Chinese Oovemment with a view to induce them to accept
a similar obligation for a corresponding period.
It is understood that at the expiration of the term of three years the
two Oovemments will, if necessary, consult with each other as to the
desirability of any ulterior measures with regard to scientific expeditions
to Thibet.
I have, ftc.
(Signed) Ibwoukt.
pbotoool providing for a general conference betvteen the re-
publics OF C08TA RICA, EL SALVADOR, GUATEMALA, HONDURAS AND
NICARAGUA, SIGNED AT WASHINGTON, SEPTEMBER 17, 1907.
We, the representatives of the five Central American Bepublics, having
met in the city of Washington at the instance of their Excellencies the
Presidents of the United States of America and of the United Mexican
States in order to devise the means of preserving the good relations among
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OFFICIAL DOCUMENTS 407
Baid Bepublics and of bringing about permanent peace in those countries,
and for the purpose of establishing bases conducive to the attainment of
such ends, being duly authorized by our respective governments, have
agreed to the following :
ABTIOLE I.
Following a formal invitation which, as is understood, is to be made
simultaneously to each of the five Central American Republics by Their
Excellencies the Presidents of the United States of America and of the
United Mexican States, a Conference of the plenipotentiaries to be
appointed for the purpose by the governments of the said Republics, viz,
Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua, shall
meet during the first fifteen days of November next in the City of
Washington for the purpose of discussing the steps to be taken and the
measures to be adopted in order to adjust any differences which may
exist among said Republics or any of them, and for the purpose of con- .
eluding a treaty which shall determine their general relations.
ARTICLE ir.
Their Excellencies the Presidents of the Central American Republics
shall invite Their Excellencies the Presidents of the T7nij»d States of
America and of the United Mexican States to appoint, if they deem
proper, their respective representatives to lend their good and impartial
offices in a purely friendly way towards the realization of the objects of
the Conference.
ARTICLE III.
Until the Conference meets and accomplishes the lofty mission devolv-
ing upon it, the five Central American Republics, to-wit, Costa Rica,
El Salvador, Guatemala, Honduras and Nicaragua, agree to maintain
peace and good relations among one another and they respectively assume
the obligation not to commit or allow to be committed any act which
might disturb their mutual tranquillity. To this end they shall refrain
from an armed demonstration on their respective frontiers and shall with-
draw their naval forces to their territorial waters^
ARTICLE IV.
If any unforeseen question should unfortunately arise among any of
the said Republics pending the meeting of the Conference, and if it
should be impossible to adjust it by the friendly means of diplomacy, it
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408 THE AMERICAN JOUBl!fAL OF INTEBNATI01!fAL LAW
is mutually agreed that the parties concerned shall submit the difference
to the good counsels of His Excellency the President of the United
States of America^ or of the President of the United Mexican States or
of both Presidents jointly^ according to circumstances and in conformity
with the agreement to be concluded for the purpose.
Signed in Washington^ the seventeenth day of the month of Septem*
ber^ one thousand nine hundred and seven.
J. B. Calvo,
F. Mejia^
Luis Toledo Herraub,
AnOEL UOARTEy
Luis F. Gorba.
ACT OF DOlilKICAN O0NORE8S AUTHORIZING EXBCUTIVB TO ISSUE AND
SELL $20,000,000 BONDS.
[From "Gaoeta Oficial," September 18, 1907.]
The National Congress.
In the Name of the Republic.
On the Initiative of the Executive Power.
UROENCT DECLARED.
In exercise of the power conferred upon it by Article 23 of the
Political Constitution of the State, and to the end that all the provisions
of the Convention celebrated between the Bepublic and the United States
of America on February 8, 1907, and approved by this High Body on
May 3 of the same year, may be complied with and to provide for the
execution, issue and sale of the bonds therein mentioned: and in view
of the Decree which declares the loan for which the issue and sale of
bonds is provided to be of public utility,
RESOLVES :
Article 1. To authorize the Executive Power to issue and sell, through
the Secretary of Finance and Commerce, in such form and denomina-
tions, and upon such terms as it may deem best for the interests of the
Bepublic, secured by the Convention above mentioned, and by the import
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OFFICIAL DOCUMENTS 409
and export duties collected in the Bepublic, in accordance with the pro-
visions thereof^ bonds of the Bepnblic to a total not exceeding twenty
million dollars gold of the United States of America at the present
standard of weight and fineness, bearing interest at the rate of five per
cent per annum, payable semi-annually, in like gold coin, amortizable in
fifty years and redeemable after the expiration of ten years, at one hun-
dred two and one half of their face value, and requiring the payment of
at least one per cent per annum for amortization, under such regulations
as the said Secretary of Finance and Commerce may prescribe.
Paragraph 1. Both the bonds and the interest thereon shall be exempt
from the payment of all taxes or duties now or hereafter established by
the Republic.
Paragraph 2. The bonds issued shall conform to the provisions of the
Convention of February 8, 1907, approved by this High Body on May 3
of the same year, and shall contain such provisions as the Secretary of
Finance may prescribe, and each bond shall bear a certificate in such
form and containing such provisions as the said Secretary of Finance and
Commerce may prescribe and which shall be executed by him or by the
Fiscal Agent, and which shall authenticate such bonds as bonds issued
by virtue of the provisions of the said Convention.
Article 2. These bonds or the proceeds thereof shall be applied by the
Executive Power to the objects mentioned in the Convention.
Article 3. The Executive Power is also authorized to appoint a De-
positary, an Agent and Begistrar of transfers and a Fiscal Agent, to act
in connection with the issue and sale of the bonds and with the receipt
and distribution of the proceeds of the said sale, with the adjustment and
settlement of the debts, claims and concessions, and with the service of
the loan, in accordance with the provisions of the said Convention.
Paragraph. The same company, bank or firm of private bankers may
act as Depositary, Agent and Registrar of transfers, and Fiscal Agent or
these duties may be entrusted to different agents as the Executive Power
may deem best, which shall prescribe the powers and duties of each, and
pay or agree to pay for their services such remuneration as it may deem
best, provided that the remuneration of the Depositary shall not exceed
one-half of one per cent of the total sum which may be paid to the
holders of indebtedness or claims against the Republic, or concessions,
who may have accepted the proposed adjustment, or reserved for the
payment of debts, claims and concessions of the holders who may not have
accepted it, in addition to the expenses incurred by such depositary in
acting as such : nor more than $250 per annum to the Agent and Regis-
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410 THE AMEBICAN JOUBlTAIi OF INTSBNATIONAL IJLW
trar of transfers^ nor more than fifty cents to the Fiscal Agent for each
certificate of authenticity that he may issne for each bond, nor more
than ten thousand dollars per annum for the incidental expenses incurred
by such Fiscal Agent for the service of the loan.
The Executive Power is also authorized to pay from the proceeds of
said bonds, the sum necessary to cover the expense of preparing, issuing
and disposing of the same.
This Resolution is effective against any other law, decree or resolution
that may conflict with it.
Transmit to the Executive Power for constitutional ends.
Done in the Palace of the National Congress the 16th day of Septem-
ber, 1907 : 64th year of the Independence and 45th of the Bestoration.
The President: Bamon 0. Lovaton.
The Secretaries: A. Aoevedo. G. A. Nouel.
Let it be executed, communicated by the Corresponding Department,
published in all the territory of the Republic that it may be observed.
Done in the National Palace of Santo Domingo, Capital of the
Republic, the 17th day of September, 1907 : 64th year of the Independ-
ence and 45th of the Restoration.
The President of the Republic :
R. Caoebbs.
Countersigned: The Minister of Finance and Commerce:
Fbdoo. Velazquez H.
BBAZILUN lAW RB8PE0TIKO THE BXPULBIOK *V FOEBIQNBBS.
Decree No. 1641 of January 7, 1907.
Regulations concerning the expulsion of foreigners from the national
territory.
The President of the Republic of the United States of Brazil :
I make known that the National Congress has decreed and I sanction
the following resolution :
Art. 1. The foreigner who, for whatever motive, should compromise
the national safety or public tranquillity, may be expelled from a part or
the whole of the national territory.
Art. 2. Are also sufficient causes for expulsion: —
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07FI0IAL DOCTTMEin^B 411
1. The (XHidemnatioa or action by foreign tribuBaU for crime or
offenses of a common nature ;
2. Two condemnations, at least, by Brazilian tribunals for crimes or
offenses of a common nature;
3. Vagrancy, beggary and pandering when competently proved.
Art. 3. A foreigner can not be expelled when be has resided two years
continuously in the territory of the Bepublic or for a lesser time when
he is:
a) married with a Brazilian ;
b) a widower with a Brazilian son.
Art. 4. The Executive can impede the entrance to the territory of the
Bepublic to every foreigner whose antecedents authorize him to be
ijacluded among those to whom arts. 1 and 2 refer.
Sole paragraph. The entry can not be forbidden to a foreigner in the
conditions of art. 8, if he should have tonporarily retired from the
Bepublic.
Art. 5. The expulsi<m will be individual and in the form of an act,
which will issue from the Ministry of Justice and of the Interior.
Art. 6. The Executive will annually give an account of the execution
of the present law to Congress and give it the names of each expelled
person, stating his nationality. It will also give an account of the cases
la which it refused to accede to the demands of the state authorities and
the reasons for the refusal.
Art. 7. The Executive will by an official note inform the foreigner
whom it has decided to expel of the reasons for the decision and will
concede to him a period of three to thirty days in which to retire. It
may also, as a measure of public safety, order bis detention until the
moment of departure.
Art. 8. Within the period that may be conceded to him, the foreigner
may have recourse to the proper authority which ordered his expulsion,
if this (expulsion) is founded on the dispositions of art. 1, or to the
federal judicial authorities when (the expulsiim) results from the dispo-
sions of art. 2. Only in this latter case wiU the appeal have a suspensive
effect.
Sole paragraph. The appeal to the federal judicial authorities will
consist in the proof of the falsity of the alleged reason, made before the
sectional judge with the presence of the public prosecutor.
Art. 9. The foreigner who should return to the territory whance he has
been expelled will be puaiahad with a senteoce of from one to three years
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412 THE AHEBICAN JOUBKAL OF IKTEBNATIONAL LAW
imprisonineiity in a suit prepared and judged by the eectional judge and
after the sentence has been fulfilled he shall be once more expelled.
^ Art. 10. The Executive may revoke the expulsion, if the causes whieh
determined it have ceased.
Art. 11. The dispositions to the contrary are revoked.
Bio de Janeiro, January 7, 1907, 19th of the Bepublic.
Affonso Auousto Mobeira Pinna.
AuGusTO Tavabss de Lyra.
Instructions for the Execution of Decree No. 16^1, of January 7, 1907.
Art. 1. The expulsion of the foreigner, from part or from all the
national territory, may take place in the following cases :
I. When the foreigner, for any reason, compromises the national
security or the public tranquillity.
II. When he has been condemned or prosecuted by foreign courts for
crimes or offences of a public nature, or when he has been twice con-
victed by Brazilian courts for crimes or offences of the same nature.
III. When he is a tramp, mendicant, or practices acts of pandering.
(Decree No. 1641 of January 7, 1907, Art. 1st and 2nd.)
Art. 2. The expulsion provided for in No. 1 of Article 1, may be
ordered by the Federal Government upon all occasions in which the indi-
vidual shows himself, in the exclusive judgment of the Federal Grovem-
ment, prejudicial to the interests of national security or of public order,
in any part of the Union.
Art. 3. The condemnation and prosecution by foreign courts is consid-
ered proved, sufficient for expulsion, either in view of the data obtained
from the governments of the countries to which the individuals in ques-
tion belong, or in view of certificates thereof, made in due form by proper
officers.
The condemnation and prosecution by Brazilian courts will be proved
in this second manner, whenever it is established that definite sentences,
passed to judgment are treated of.
1st. Vagabondage and beggary will be proved by the warrant for
imprisonment in flagrant infractions.
2nd. The proof of pandering must be made clear by authorized police
inquiry, either by the existence of documents of acknowledged probatory
worth, or the depositions of at least two credible witnesses affirming the
truth of the charge.
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OFFICIAL DOOUMBNTS 413
Art. 4. The expulsion will be individual and will be made by act of the
Minister of Justice and Domestic Affairs.
Art. 5. The act of expulsion having been issued, the foreigner will be
officially notified, in writing, of the motives that determined the decision
of the Government, allowing him from 3 to 30 days to leave the country;
if it is found necessary, he may be held until the moment of departure.
Art. 6. In the Federal District the act of the Government will be
executed by the Chief of Police, the disposition of the preceding article
being observed.
Art. 7. Inside of the time allowed the foreigner to leave the country,
he may, the expulsion being based upon Article I, appeal to the Executive
Power through a petition addressed to the Minister of Justice, furnishing
him with any documents admitted in law substantiating the appeal.
Art. 8. In other cases where expulsion may be ordered, the appeal will
be made before a Federal court, and shall always have a suspensive effect.
The last mentioned appeal shall consist in establishing proof of the
falsity of the motive of expulsion, before the sectional judge, there being
present a representative of the Public Ministry and an appeal lying at the
option of both parties to the Supreme Federal Tribunal.
Art. 9. The presidents and governors of the states may make requi-
sition upon the Federal Government for the expulsion of the foreigner
within each state, whenever such person falls within any of the conditions
provided for by Nos. 1, 2, and 3, of Article Ist of the present instructions.
1st. Requisitions must be accompanied by the data, — copies of the
inquiry or any other documents, that may prove not only the identity of
the individual whom it is proposed to expel, but his age, nationality,
whether married or single, and profession, together with the facts or acts
of which he is charged.
2nd. The Federal Government, in accord with the state governments,
will take the necessary administrative measures to observe the disposition
in Art. 12 of these instructions. In the Federal District it is tiie duty
of the Chief of Police to look to the suitableness of the measures
referred to.
Art. 10. The requisitions of the governors of the states having been
attended to, the Minister of Justice will give them immediately knowl-
edge of the fact, to the end that they may take steps in harmony with the
provision of Article 6.
Art. 11. A foreigner may not be expelled who has resided in the
Federal District, or in the states for two consecutive years or for less time
if married to a Brazilian woman, or who is a widower with a child by a
Brazilian woman. (Art. 3 of decree referred to.)
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414 THS AMERICAN JOUSITAI. O? INT^SI^ATIONAL LAW
Art 18. A fortigner will be denied entnmce into BranUan territory
whoBe conduct in the country from which he came may b^ classified
among any of the caaee which juatify expulsion. (Art. 4 of decree
referred to.)
Art. 13. The Government may revoke the expulsion if the causes deter-
mining it have ceased to exist, -^ or may allow an extension of time to
that already fixed for the foreigner to leave the country.
Art. 14. The foreigner who returns to the territory from which he has
been expelled will be punished with a penalty of from one to three years
imprisonment, in accordance with the existing penitentiary system, in
proceedings prepared and tried by the sectional judge, with all legal
resources, and after the sentence has been fulfilled he wilj be again
expelled. (Art. 9 of the decree referred to.)
Art. 16. The Minister of Justice in his annual report will inform
Congress minutely in reference to the writs issued, attaching a list of the
individuals who have been expelled, under direct decision of the Federal
Oovemment, or upon requisition from the governors of the states.
Art. 16. In the office of the Director Qeneral of Justice, of the Depart-
ment of State, under which all services are to be executed concerning the
execution of the Decree No. 1641 of January 7th of the present year, there
shall be kept in a special book the register of the writs of the gQvemmeat
issned by virtue of the said decree.
Bio de Janeiro, May 3, 1907: (Signed) AuausTO T^vahbb db Lte4«
JAPANBSE liAW OF 1899, PLAOIKQ RBSTBICTIOKS ON THE BKSIDBNgB 09
FOREIGN LABORERS IN THE INTERIOR OF JAPAN.
Law concerning Mixed Beeidence.
We, by the advice of our Privy Council, hereby give our sanction to
matters relating to the residence and occupation, etc., of foreigners who
either by virtue of Treaty or of Custom have no freedom of residence and
order the same to be promulgated.
(Imperial Seal and Sign Manual.)
Jnly 27th, 1899.
Marquis Yamagata Aritoho, Minister Prcsidant.
Marquis Saigo Yorihiohi, Minister for Home Affairs.
ViBOouNT AoKi Shuzo, Minister for Foragn Affairs.
KiTouaa Keiqo, Minister for Justice.
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OFFICIAL DOCUMENTS 416
IMPBBIAL OBDINAVOE NO.
Art. i. Foreigners who either by virtue of Treaty or of cufitom have
not freedom of residence may hereafter reside, remove, carry on trade and
do other acts outside the former Settlements and Mixed Besidential dis-
tricts. Provided that in the case of laborers they cannot reside or carry on
their business outside the former Settlements or Mixed Besidential dis-
tricts unless under the special permission of the administrative authori-
ties.
The classes of such laborers (referred to in the preceding paragraph)
and details for the operation of this ordinance shall be determined by
the Minister for Home Affairs.
Art. 2. Persons infringing the proviso of clause 1 of the foregoing
Article shall be sentenced to a fine not exceeding T 100.
BtnPPLEHENTART BULBS.
Art. 8. This law shall be put into operation on and after August 4th»
1899.
Art. Jf. Imperial Ordinance 137* of August 4, 1894^ shall be rescinded
after the date on which this law comes into force.
HOME OFFICE NOTIFICATION NO. 42.
Details relating to the operation of Imperial Ordinance No. 352, 1899,
concerning the residence and occupation of foreigners who have Ho
freedom of residence either by virtue of Treaty, or of custom are decided
as follows : —
Mabquis Saigo Yobimichi, Minister for Home Affairs.
Art. 1. The administrative authorities mentioned in Art. 1 of Im-
perial Ordinance No. 352, 1899, shall be the head of each Prefecture
and of Hokkaido.
Art. 2. The laborers mentioned in Art. 1 of the same law shall be tnen
engaged in labor in agricultural, fishing, mining, civil engineering,
architectural, manufacturing, transporting, carting, stevedoring, and
other miscellaneous work. Provided that this rule is not applicable to
those who are employed in household services such as cooking and
waiting.
Art. S. Permission given to laborers (to reside in the interior) may be
oancelled by a local Governor when he deems it necessary to do so for the
public welfare.
* Refers to conditions upon which Chinese subjects might remain in Japan
during Jap^an-China Waf .
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416 THE AMEBICAN JOURNAL OF INTERNATIONAL LAW
THE ACRE C0NTR0VEB8Y.
Treaty between Brazil and Bolivia terminating the dispute over the Acre
Territory, signed November 17, 1903.
The Republic of the United States of Brazil and the Republic of
Bolivia, animated by the desire of consolidating forever their tradi-
tional friendship, of removing the causes for possible discord, and
wishing at the same time to facilitate the development of their commer-
cial and neighborly relations, have agreed to celebrate a treaty for
exchange of territories and other compensations in conformity with the
stipulations of art. 5 of the treaty of friendship, boundaries, navigation,
and commerce of March 27, 1867.
And for this purpose have named plenipotentiaries, to wit :
The President of the Republic of the United States of Brazil : Messrs.
Job6 Maria da Silva Paranhos do Rio Branco, minister of foreign affairs,
and Joaquim Francisco de Assis Brazil, envoy extraordinary and minister
plenipotentiary in the United States of America ; and
The President of the Republic of Bolivia : Messrs. Fernando E. 6ua-
challa, envoy extraordinary and minister plenipotentiary on special
mission to Brazil and Senator of the Republic, and Claudio Pinilla, envoy
extraordinary and minister plenipotentiary in Brazil, nominated minister
of foreign affairs of Bolivia;
Who, after an exchange of their full powers, which were found to be in
good and due form, have agreed on the following articles :
ARTIOLE I.
The boundary between the Republic of the United States of Brazil and
the Republic of Bolivia shall be established as follows:
1. Starting from lat. 20** 08' 35" south, opposite the outlet of Bahia
Negra into the Paraguay River, it shall ascend this river to a point on
the right bank at a distance of 9 kilometers, measured in a straight line,
from the port at Coimbra; that is, approximately at lat. 19** 58' 05" and
long. 14** 39' 14" west of the observatory at Rio de Janeiro (57** 47' 40"
west of Greenwich), in accordance with the map of the boundary drawn
by the mixed boundary commission of 1875 and it shall continue from
this point on the right bank of the Paraguay by a geodetic line which
shall extend to another point four kilometers distant, in the true direction
of 27** 01' 22", northeast, from the so-called " boundary monuments at
the end of Bahia Negra,'* the distance of four kilometers being rigorously
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OFFICIAL DOCUMENTS 417
measured along the present boundary, so that this point shall be, more or
less, at lat. 19** 45' 36.6" and long. 14** 66' 46.7" west of Rio de Janeiro
(58*" 04' 12.7" west of Greenwich). Prom there it shall extend, in the
direction marked out by the mixed commission of 1876, to lat. 19"^ 02',
and thence eastward along this parallel to Arroio de Conceicao, following
this to its mouth on the southern bank of the outlet of Lake Caceres, also
called Tamengos Biver. It shall .ascend the river to the meridian cut-
ting Tamarindeiro Point, and thence northward along the meridian of
Tamarindeiro to lat. 18*" 64', continuing along this parallel to the west
until it meets the present boundary.
2. Prom the point of intersection of parallel 18** 54' with the straight
line forming the present boundary it shall extend, in the same direction
as today, to lat. 18** 14', and eastward along this parallel to where it
meets the outlet of Lake Mandior6, along which it shall ascend, crossing
the lake in a straight line to a point on the former boundary line equi-
distant from the two existing boundary monuments, and thence along
this former line to the boundary monument of the northern shore.
3. Prom the northern monument in Lake Mandior6 it shall continue
in a straight line, in the same direction as today, to lat. 17^ 49', and
along this parallel to the meridian of the extreme southeast of Lake
Gahiba. It shall follow along that meridian to the lake, and shall cross
the latter in a straight line to a point equidistant from the two existing
boundary monuments on the old boundary line, and thence along this
former or present boundary to the entrance of the Pedro Segundo Canal,
also known recently as Pando Biver.
4. Prom the southern entrance of the Pedro Segundo Canal, or Biver
Pando, to the confluence of the Beni and Mamor6 the boundary shall be
the same as that determined upon in art. 2 of the treaty of March 27,
1867.
6. Prom the confluence of the Beni and Mamor6 the boundary shall
follow down the Madeira to the mouth of the Abunan, an affluent entering
on the left, and shall ascend by the Abunan to lat. 10** 20'. Prom there
it shall extend along parallel 10** 20' eastward to the Bapirran, and shall
ascend the latter to its principal source.
6. Prom the principal source of the Bapirran it shall extend along
the parallel of latitude of the source until it encounters to the west the
Inquiry Biver, ascending along the latter to its origin; whence it shall
extend to the " Igarap^ Bahia," by the most prominent landmarks or by
a straight line, as it shall seem best to the commissioners of the two
countries appointed to mark the boundary.
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418 THE AMEBICAN JOURNAL OF INTSBNATIOKAL LAW
7. From the eoorce of the " Igarapi Bahia ^' it shall contiime down
the latter to its confluence on the right bank with the Acre or Aquiiy
River, which it shall ascend to its source, if the latter is not in longitude
farther west than 69*" west of Oreenwich.
(a) In the cas^ mentioned, that is, if the source of the Acre is in
longitude not so far west as that indicated, the boundary shall follow
along the meridian of the source to parallel 11^, and thence westward
along this parallel to the boundary with Peru.
(b) If the Acre Biver, as seems certain, crosses longitude 69'' west of
Greenwich and extends either to the north or south of said parallel 11%
following the latter more or less, the channel of the river shall form the
dividing line to its source, along the meridian of which it shall continue
to parallel 11*", and thence westward along the same parallel to the
boundary with Peru; but if to the west of said longitude 69*" the Acre
flows entirely south of parallel 11^, the boundary shall extend from that
river along longitude 69'' to the point of intersection with the said par-
allel 11% and thence along it to the boundary with Peru.
ABTICLE II.
The transference of territories resulting from the delimitation de-
scribed in the preceding article includes all the rights inherent in them
and the responsibility flowing from the obligation to maintain and
respect the legal rights acquired by citizens and foreigners, according to
the principles of the civil law.
The claims arising from administrative acts and events that have taken
place in the territories exchanged shall be examined and judged by an
arbitration tribunal composed of one representative of Brazil, another of
Bolivia, and of one foreign minister accredited to the Brazilian Govern-
ment. This third arbiter, presidetit of the court, shall be chosen by the
two high contracting parties immediately upon the exchange of ratifica-
tions of the present treaty. The court shall perform its functions during
one year in Bio de Janeiro, and shall commence its labors within the
period of six months, counted from the day of the exchange of ratifica-
tions. Its mission shall be: 1, to accept or reject the claims; 2, to fix
the amount of the indemnities; 3, to designate which of the two Gtovem-
ments is to pay them.
The payments may be made in bonds issued for the purpose, at par, to
dimw interest at 3 per cent and sinking-fund charges of 3 per cent
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OVFIOUL DOdnONTS 419
ABTIOtB m.
Beeanfle of the fact that the aieae exchanged by the two nations are not
equal in extent^ the United States of Brazil shall {uiy an indemnity of
£2^000,000 (two million ponnds sterling) , which the Bepublic of Bolivia
accepts with the design of applying it principally on the constmction of
railroads or other works tending to improve commnnications and develop
commerce between the two conntries.
The payment shall be made in two parts of £1,000^000 each, the first
within the period of three months, connted from the exchange of ratifi^
cations of the present treaty, and the second on March 31, 1905.
ABTIOLE IT.
A mixed commission named by the two Governments within the period
of one year, counted from the exchange of ratifications, shall proceed to
the demarkation of the bonndary described in Art. I, commencing its
labors within the six months following its nomination.
Any disagreement between the Brazilian and Bolivian commission
which the two Governments may not succeed in settling shall be sub-
mitted to the arbitral decision of a member of the Boyal Geographical
Society of London, chosen by the president and members of the council
of the same.
If the commissioners appointed by either of the high contracting par-
ties to delineate the boundary fail to present themselves at the place and
on the date agreed upon for the commencement of their labors, the com-
missioners of the others shall proceed of themselves to the marking, and
the result of their operations shall be binding on both.
ABTIOLE V.
The two high contracting parties shall conclude within the period of
eight months a treaty of commerce and navigation based on the principle
of the fullest liberty of land and river navigation for each of the nations ;
a right they shall both recc^ize in their dealings with each other per-
petually, respecting fiscal and police regulations now established or that
may in the future be established in their own territory. These regula-
tions must be as favorable as possible to navigation and commerce, and
they shall be made as uniform in the two countries as possible. It is,
however, understood and declared that in this navigation is not included
that from port to port of the same country, or internal river navigation,
which shall continue in both countries subject to their respective laws.
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420 THE AMEBICAN JOUBNAL OF INTEBNATIOlTAIi LAW
ABTIOLB VI.
In conformity with the stipulations of the preceding article and for
the shipment in transit of articles of importation and exportation^
Bolivia may maintain customs agents in the Brazilian custom-houses of.
Bel^m do Para, Mandos, and Corumba> and in the other customs ports
which Brazil may establish on the Madeira^ and on the Mamor^, or at
other points on the common boundary. Beciprocally, Brazil may main-
tain customs agents in the Bolivian custom-house at Villa Bella or in
any other customs post Bolivia may establish on the common border.
ARTICLE VII.
The United States of Brazil obligate themselves to construct in
Brazilian territory, themselves, or by means of private enterprise, a rail-
road from the port of Santo Antonio, on the river Madeira, to Guajari-
Mirim, on the Mamore, with a branch, which, passing through Villa
Murtinho or other nearby point (State of Matto-Orosso), shall extend to
ViUa Bella (Bolivia) at the confluence of the Beni and Mamor6. This
railroad, which Brazil shall endeavor to conclude within the period of
four years, bothi countries shall make use of ^ with the right to the same
rates and privileges.
ARTICLE VIII.
The Republic of the United States of Brazil declares that it will
canvass directly with the Bepublic of Peru the question of boundaries of
the territory comprised between the source of the Javary and parallel
11^, attempting to arrive at an amicable settlement of the dispute, with-
out responsibility for Bolivia in any case.
ABTIOLB IX.
The disagreements which may arise between the two Governments with
regard to the interpretation and execution of the present treaty shall be
submitted to arbitration.
ARTIOLE X.
This treaty, after approval by the legislative power of each of the two
Bepublics, shall be ratified by the respective Grovemments and the ratifi-
cations exchanged in the city of Bio de Janeiro within the briefest period
possible.
In faith whereof we, the plenipotentiaries above named, signed this
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OFFICIAL DOOUMSKTS 421
treaty in two copies, one in the Portuguese and one in the Spanish
language, afSzing thereto our seals.
Done in the city of Petropolis this seventeenth day of November, in
the year one thousand nine hundred and three.
[l. s.] Bio-Branco.
[l. s.] J. F. DE Assis Brazil.
[l. 8.] Fernando E. Guaohalla.
[l. 8.] Claudio Pinilla.
Protocol of an agreement between Brazil and Bolivia for the postpone-
ment of the Labors of the Brazilian-Bolivian Arbitrai Tribunal,
created pursuant to Article 2 of the Treaty of November 17, 1903.
At a meeting of the Department of Foreign Relations of Brazil, at the
City of Rio de Janeiro, on the 6th February, 1907, of the Minister of
Foreign Relations of Bolivia, Dr. Claudio Pinilla, and the Minister of
Foreign Affairs of Brazil, Dr. Jose Maria da Silva Paranhos do Rio
Branco, being thereunto duly authorized, they entered into the following
agreement :
Art. 1. The labors of the Arbitral Tribunal created by virtue of the
provision of Article 2 of the treaty of the 17th November, 1903, which
have been suspended since the 20th of May, 1906, shall recommence as
soon as the Government of Bolivia is empowered to appoint its arbitrator,
within the term of one year, the day of the resumption of work to be fixed
by an exchange of notes.
Art. 2. The Apostolic Nuncio, as is agreed, shall be the President of
the Tribunal.
Art. 3. The term of one year, beginning with the date of the re-opening,
is hereby fixed for the termination of the labors of the Tribunal.
In faith and testimony of which they signed and sealed this protocol in
duplicate, each one in the Spauish and Portuguese languages, and at the
place and date above mentioned.
[l. 8.] Claiidio Pinilla.
[l. 8.] Rio Branco.
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422 THE AMEBICAN JOUBNAX. OF INTERNATIONAL LAW
Inatmctions for the Mixed Braziltan-Bolivian Commisson of Demarcth
Hon, signed at Rio de Janeiro on the 6ih February, 1907,
At a meeting in the Department of Foreign Belations of Brazil, of the
Minister of Foreign Belations of Bolivia, Dr. Claudio Pinilla, and the
Minister of Foreign Relations of Brazil^ Dr. Jose Maria da Silva Paran-
hos do Bio Branco, being thereunto duly authorized they formulated
the following instructions by which shall be governed the Mixed Bra^
zilian-BoIivian Commission, which is to make the demarcation of the
frontier described in paragraphs 1, 2 and 3 of Article 1 of the treaty
concluded at Petropolis on the 17th November, 1903, the said Ministers
agreeing that, at the end of said labors, or previously^ should it appear
convenient, there shall be prepared and signed supplementary instruct
tions for the demarcation of the lines treated of in paragraphs 4, 5, 6
and 7 of the said article.
Art. 1. Each of the two Commissions, Bolivian and Brazilian, ap-
pointed by virtue of the provisions of Article 4 of the treaty of the 17th
November, 1903, shall be composed of a Chief Commissioner, of a
Secretary, and of as many substitute commissioners, aids to the Chief
Commissioner, and functionaries of the health service, transportation
and commissary as may appear necessary to the Government.
An escort shall accompany each Commission.
Art. 2. The two Commissions shall meet at Corumba in the State of
Matto Orosso on the day which the two Governments may designate
by means of an exchange of notes^ within six months following, the date
of the present instructions.
There, at the first conference the Chief Commissioners, their substi-
tutes, assistants and secretaries shall proceed to the examination and
comparison of the authenticated copies of their appointments and like-
wise to the examination of the authenticated copies of the present
instructions. The regularity of said documents having been established^
a minute of the fact shall be made, the Mixed Brazilian-Bolivian Com-
mission of boundary demarcation remaining thus established.
Art. 3. Each one of the two Commissions will provide itself with th*
necessary floating material, and the two shall in common put their
chronometers in order, verifying also the quality and the state of the
instruments which they have at their disposal.
Art. 4. The Mixed Commission shall proceed to the demarcation of
the boundary described in paragraphs 1, 2 and 3 of Article 1 of the
treaty, included between Bahia Negra and the south entrance of the canal
Pedro II or Bio Pando.
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OFFICIAL DOCUMENTS 423
Art. 5. The demarcation shall be commenced at any of the extreme or
intermediate points of the frontier described in the before-cited para-
graphs 1, 2 and 3 of Article 1 of the treaty, according as may be most
convenient to the work, in view of the local circumstances and the season
in which the Commissioners have to operate.
Art. 6. These labor shall be executed at different points of the frontier,
the Mixed Commission dividing itself for that purpose into sub-commis-
sions or parties in which the Commission of each one of the two countries
shall be represented. The chief commissioners shall draw up by common
consent the instructions by which those sub-commissions shall be gov-
erned.
Art. 7. The boundary shall be marked by land marks of a permanent
construction at the extreme points of the different lines and also at
intermediate points where they may be considered necessary by either of
the two Commissions.
Art. 8. A minute shall be drawn up of the location of each land mark
describing the same, and indicating its geographic position.
Art. 9. Any disagreement between the Bolivian-Brazilian Commissions
shall be submitted to the decision of their Gk>vemments in order that
they may proceed in pursuance of the provision of the second paragraph
of Article 4 of the treaty.
Art. 10. The Commission shall present to their respective (Govern-
ments in duplicate a map of the region marked out, as likewise the necee-
sary partial plans, authenticated by the Commissioners.
Art. 11. The provisions, instnunents, and any articles whatsoever
which the Conmiissions may have to transport from one territory to the
other in the discharge of their duty, shall enter into it absolutely exempt
from customs duties and from whatsoever internal tax.
Art. 12. As soon as the demarcation of the boundary described in
paragraphs 1, 2 and 3 of Article 1 of the Treaty of Petropolis, shall be
finished, the Commission shall continue their work on the rest of the
frontier at the time and in the manner agreed upon by the Chief Com-
missioners, the rules established in the present convention being appli-
cable to said work, as likewise the prescriptions of Article 4 of the
treaty of the 17th November, 1903.
In testimony whereof the two Ministers above mentioned sign and
seal these instructions in duplicate, each one in the Spanish and Portu-
guese languages, at the City of Bio de Janeiro at the place above stated,
on the 6th day of February, 1907.
[l. 8.] Claudio Piwilla.
[l. 8.] Bio Branoo.
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424 THE AMEBICAN JOUBNAL OF INTEBNATIONAL LAW
Instructians for the Reconnaissance of the Bio Verde and iU
Headwaiers.
At a meeting in the Department of Foreign Belations at Rio de
Janeiro of the Minister of Foreign Belations of Bolivia, Dr. Claudio
Pinilla, and the Minister of Foreign Selations of Brazil, Dr. Jose Maria
da Silva Paranhos do Bio Braneo, being thereimto duly authorized, they
entered into the following agreement:
Art. 1. The Mixed Commission charged with the demarcation of the
new boundary between Bolivia and Brazil in Matto Orosso is also
charged with ascertaining whether the so-called land mark of the source
of the Bio Verde, established in execution of the treaty of the 27th
March, 1867, is in reality on said river, or whether, as some persons
state, it exists at the source of an afQuent of the Paragua.
Art. 2. To this end the Mixed. Commission, or a sub-commission ap-
pointed by the Chief Conmiissioners, after placing land marks at the
confluence of the Bio Verde, if the old ones should have been destroyed,
shall ascend the same as far as the source of the streams that form it,
making a plan of the river and its headwaters.
Art. 3. If the land marks should be alongside the river Paragua and
not at the side of the river Bio Verde, the Commission will endeavor to
ascertain by an examination of the groimd whether, since 1887, there
has been a change in the upper course of the second of these rivers and
whether there are indications of any old river bed leading from the land
marked to the Bio Verde.
Art. 4. Any disagreement respecting technical questions which may
rise between the Commissions shall be resolved in accordance with the
stipulations of Article 4 in the treaty of 17th November, 1903.
Art. 5. The two Governments, as soon as they shall have studied the
reports and plans of the Mixed Conmiission, upon this reconnaissance
shall decide whether the land mark ought to be preserved where it now
is or to what point it ought to be removed.
Art. 6. The reconnaissance of the Bio Verde and its headwaters may
be made before the work of boundary demarcation, provided for in the
treaty of the 17th November, 1903, or at the same time when that work
is performed.
In testimony whereof the two Ministers above mentioned sign and
seal these instructions in duplicate, each one in the Spanish and Portu-
guese languages, in the City of Bio de Janeiro on the 6th day of
Fd>ruary, 1907.
[l. b.] Claudio Pinilla.
[l. 8.] Bio Branoo.
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OFFICIAL DOCUMENTS 425
ENGLISH COPY OF SIMULTANEOUS AGREEMENTS MADE BETWEEN FRANCE
AND SPAIN AND GREAT BRITAIN AND SPAIN^ MAY 16, 1907, FOE THE
MAINTENANCE OF THE TERRITORIAL STATUS QUO OF THESE THREE
COUNTRIES IN THE MEDITERRANEAN AND IN THAT PART OF THE AT-
LANTIC OCEAN WHICH WASHES THE SHORES OF EUROPE AND AFRICA.
Foreign Office, May 16, 1907.
Your Excellency: Animated by the desire to contribute in every
possible way to the maintenance of peace, and convinced that the preser-
vation of the territorial status quo and of the rights of Great Britain
and Spain in the Mediterranean and in that part of the Atlantic Ocean
which washes the shores of Europe and Africa must materially serve this
end, and is, moreover, to the mutual advantage of the two Nations
bound to each other by the closest ties of ancient friendship and of
community of interests:
The Oovemment of His Britannic Majesty desire to lay before that
of His Catholic Majesty the following declaration of policy, in the con-
fident hope that it will not only still further strengthen the good under-
standing so happily existing between them, but will also promote the
cause of peace:
The general policy of the Oovemment of His Britannic Majesty in
the regions above defined is directed to the maintenance of the territorial
status quo, and in pursuance of this policy they are firmly resolved to
preserve intact the rights of the British Crown over its insular and mari-
time possessions in those regions.
Should circumstances arise which, in the opinion of the Oovemment
of His Britannic Majesty, would alter, or tend to alter, the existing
territorial status quo in the said regions, they will communicate with
the Oovemment of His Catholic Majesty in order to afford them the
opportunity to concert, if desired, by mutual agreement the course of
action which the two Powers shall adopt in common.
I have the honour to be, with the highest consideration.
Your Excellency's most obedient humble servant,
(Signed) E. Qbjbi.
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IISTDEX
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INDEX TO SUPPLEMENT
AsTSsniiA. Agreement between Great Britain, France and Italy respecting,
December IS, 1906 226
Abtbsinia. Agreement between Great Britain, France and Italy respecting
importation of Arms and Ammunition into. Deoemher IS, 1906 280
AroHAiviSTAN. Convention between Great Britain and Russia concerning.
August SI, 1907 398
AusECiRAB CoNRBXiVGi. General Act. Signed April 7, 1906 47
Aixhd Powkbs-Chiiva. Final Protocol. Signed Sept. 7, 1901 388
ABQSNTiint-CHiLB. ConTention Giving Effect to Limitation of Naval Arma-
ments. Januwry 9, 190S 297
AnoENTiinD-CHiLB. Convention Respecting Limitation of Naval Armaments.
May 28, 190^ 294
Abokntinb-Chils. Treaty of Arbitration. May 28, 1902 290
Abqertine Rkpubuc. Instructions of the Minister of Foreign Relations to
the Minister to the United States. Deoemher 29, 1902 1
Bouvia-^Bbazh.. Instructions for Mixed Commission of Demarcation.
February 6, 1907 422
BoliviA'Bbazil. Instructions for Reconnoisance of the Rio Verde and its
Headwaters 424
Bouvia-Beazil. Protocol amending treaty of Novemher 17, 190S 421
BouviA-BsAZiL. Treaty of ^ot^ember 17, 190S 415
Bbazii^ Law respecting expulsion of foreigners, January 7, 1907 410
Beazii^Bolivia. Instructions for Mixed Commission of Demarcation.
February 6, 1907 422
Beazht-Boutia. Instructions for Reconnoisance of the Rio Verde and its
Headwaters 424
BeazHt-Bolivia. Protocol amending treaty of Jiovember 17, 190S 421
BEAZiiy-BoLiyiA. Treaty of November 17, 190S 410
Cenoul AifEBiCA. Protocol providing for a general conference between
the Republics of Costa Rica, El Salvador, Guatemala, Honduras, and
Nicaragua. September 17, 1907 400
CsiLB-ABOEirrnTE. Convention Giving Effect to Limitation of Naval Arma-
ments. January 9, 190S 297
CHiis-ABOEivmfB. Convention Respecting Limitation of Naval Armaments.
May 28, 1902 294
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430 INDEX
CmuD-AMSNTUfK. Treaty of Aibitration. JToy £8, 190t CM
China. Argeement between Great Britain and Germany Mining ihelr
mntuai poli<7 in. October 16, 1900 387
China-Allied Powebb. Final Protocol. September 7, 1901 388
China-Gbbat Bbitain. Convention respecting Tibet, signed ApHI 27, iMtf.. 78
China-Japan. Treaty of Peace, AprU 17, 1895 378
China-Japan. Treaty of ItetrooeflBion of southern portion of Prorinee of
Feng-Tien, November 8, 1S95 384
China-United States. Secretary Hay's circular to the Powers cooperating
in China, defining the purposes and policy of the United States, Julff S,
1900 388
CoNTEBKNCB or Alqbcibab. General Act. Signed April 7, i9(M> 47
CoNVEBENCB OF Bbusselb. Projcct of an international declaration eoneem-
ing the laws and customs of war. August 27, 1874 M
CONTEBENOE OF 1902. Treaty for Arbitration of Pecuniary Claims between
the United States of America, Argentine Republic, Bolivia, Colombia,
Costa Rica, Chile, Dominican Republic, Ecuador, Salvador, Guatemala,
Hayti, Honduras, Mexico, Nicaragua, Paraguay, Peru and Uruguay.
January SO, 1902 388
CONIEBBNGB OF 1902. Treaty of Obligatory Arbitration Between Argentine
Republic, Bolivia, Dominican Republic, Guatemala, Mexico, Paraguay,
Peru, Salvador and Uruguay. Jamwry 29, 1902 288
CONFBBBNGB OF 1906. Resolution on Arbitration. August 7, 190$ 307
Convention for Adaptation to Maritime Warfare of Prindples of Geneva
Convention of August 22, 186^, July 29, 1899 158
Convention for Amelioration of Sick and Wounded of Annies in the Field.
Geneva, August 22, 186k ••
Additional Articles, October 20, 1868 82
Convention of July 6, 1906 201
Convention for Exemption oi Hospital Ships. DeoemJber 21^ 1904 272
Convention foe Pbacsbful Adjustment of IntematkHial Differences. July
29, 1899 107
Convention with Respect to Laws and Customs of War on Land. July 29,
1899 128
CoBEA. Bee Korea.
Bbclabation of Pabib. Respecting Maritime Law. April 16, 18S6 88
Dbclaeation of St. Pbiebbbubo. Forbidding use of Certain Projectiles
in Time of War. November 29, 1868 96
Dominican Rbpubuc. Act authorizing issue of $20,000,000 bonds pursu-
ant to convention with United States of February 8, 1907 408
Dominican Repubuc-Unttd) States. Customs revenues of the Dominican
Republic. February 8, 1907 317
Eotpt. Declaration of France and Great Britain respecting. AprU 8,
1904 •
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INDEX 431
Fkno-Tdeh. Treaty between Japan and China retroceding southern portion
of. Navembm- 8, 1895 384
Fbaivcb-Obb^t Bbitain. Convention oonoeming the New Hebrides. Goto-
ber 20, 1906 179
Fbanob-^bb^t BmTAiN. Convention respecting Newfoundland. April 8,
190k
Fkangb-Obbat Bbitain. Declaration respecting Egypt and Morocco. April
8, t90k 6
Franob-Gbbat BniTAiN-lTAiiT. Agreement respecting Abyssinia. December
13, 190€ 226
Feancb-Gbbat Bbitain-Italt. Agreement respecting importation of arms
and ammunition into Abyssinia. December IS, 1906 230
Fkaitcb-Siah. Convention Respecting Boundary. March 23, 1907 263
Fbancb-Spain. Declaration respecting Morocco. October 3, 1904 8
Feanob-Spain-Oieat Britain. Agreement for maintenance of territorial
status quo in the Mediterranean and that part of the Atlantic Ocean
which washes the shores of Europe and Africa. May 16, 1907 426
Obnebal Act of the International Conference of Algeciras, signed April 7,
1906 47
Geneva Convention for Amelioration of Condition of Sick and Wounded of
Armies in the Field. Auguet 22, 1864 00
Additional Articles. October 20, 1868 92
Convention of July 6, 1906 201
GflOCANT-OEEAT Bbttain. Agreement defining their mutual policy in China.
October 16, 1900 387
Gbbmant-United States. Commercial Agreement. April 22'May 2,
1907 267
Gbbat Bbttain-China. Convention respecting Tibet, signed April 27, 1906, . 78
Geeat Bbitain-Fbance. Convention Concerning the New Hebrides. October
20, 1906 '. 179
Gbbat Bbitain-Fbangb. Convention respecting Newfoundland. April 8,
1904 ■ •
Geeat Bbitain-Fbanob. Declaration respecting Egjrpt and Morocco. April
8, 1904 8
Gbbat Bbitain-Fbancb-Italt. Agreement respecting Abyssinia. December
13, 1906 226
Gbbat BEiTAiN-FkANCB-lTALT. Agreement Respecting Importation of
Arms and Ammunition into Abyssinia. December 13, 1906 280
Gbbat Bettain-Fbanob-Spain. Agreement for maintenance of territorial
status quo in the Mediterrean and that part of the Atlantic Ocean which
washes the shores of Europe and Africa. May 16, 1907 426
Gbbat Bbttain-Obbmant. Agreement defining their mutual policy in China.
October 16, 1900 387
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432 INDBZ
Great BRiTAiif-jAPAir. Agreement of Alliance. Janumry SO, 1902 14
Gbbat Britain-Japan. Agreement of Alliance. August IB, 1905 16
Great Britain-Tibet. Convention Between, signed September 7, 1904 80
Great Britain-Russia. Convention containing arrangements on subject
of Persia, Afghanistan, and Thibet, August SI, 1907 398
Great Britain-Unitbd States. Correspondence leading up to conclusion
of Modus Vivendi of Oct. 6-8, 1906, on the subject of the Newfoundland
Fisheries 349
Great Britain-United States. Modus Vivendi respecting Fisheries on
Newfoundland Treaty Coast. October 6-8, 1906 27
Great Britain-United States. Modus Vivendi of Sept. 4-6, 1907 respect-
ing fisheries on Newfoundland Treaty Coast 376
Guatemala-Mexico. Extradition treaty, May 19, 1894 284
(The) Hague Conference. See International Peace Conference.
(The) Hague Convention for Exemption of Hospital Ships. December 21,
1904 272
International. Convention for Exemption of Hospital Ships. December
21, 1904 272
International American Conference —
Resolution of Arbitration, August 7, 1906 307
Treaty for Arbitration of Pecuniary Claims, JoiMMiry SO, 1902 303
Treaty of Obligatory Arbitration, January 29, 1902 299
International Conference of Alobciras. General Act Signed April 7,
1906 47
International Declaration. Project Respecting Customs of War. Brussels,
August 27, 1874 96
International Peace Conference —
Convention for Adaptation to Maritime Warfare of Principles of Geneva
Convention of August 22, 1664; July 29, 1899 169
Convention for Peaceful Adjustment of International Differences, July 29,
1899 107
Convention with Respect to Laws and Customs of War on Land. July 29,
1899 129
Pinal Act, July 29, 1899 103
Italt-Franoe-Great Britain. Agreement respecting Abyssinia. Deoember
IS, 1906 226
Italt-Franoe-Grbat Britain. Agreement respecting Importation of Arms
and Ammuniti<Mi into Abyssinia, December IS, 1906 230
Japan. Imperial Ordinance No. 267. Respecting Residency-General and
Residencies in Cores. December 20, 1905 222
Japan, Law of 1699, placing restrictions on residence of foreign laborers in
interior of Japan, July 27, 1899 414
Japan-China. Treaty of Peace, April 17, 1895 376
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INDEX 433
Japaiv-Chiiva. Treaty of Retrocession of Southern Portion of Province of
Feng-Tien, Navemher 8, 1895 884
Japaiv-Cobba. Bee Japan-Kobba.
Japaiv-Obbat Bbitain. Agreement of Alliance, January SO, 190t 14
Japaiv-Gbbat BBiTAm. Agreement of Alliance. Auffuai 12, 1905 16
Japan-Kqbba. Agreement between. August 22, 1904 216
JapaiT'Kobba. Agreement by which Japan Assumed Charge of Foreign
Relations. November 11, 1905 221
Japait-Kobba. Agreement Regarding Communications Services. April \,
1905 219
Japaiv-Kobea. Agreement relating to internal administration of Korea.
July 24, 1907 397
Japan-Kobba. Document Relating to the Situation of . December 1M, 1905 .. 213
Japait-Kobba. Protocol concluded. February 23, 1904 217
Japait-Kobba. Treaty Ratified. July 25, 1894 214
Japait-Rubsia. Memorandum Concluded and Signed at Seoul. May 14,
1896 215
Japait-Rusbia. Protocol Concerning Question of Corea. June 9, 1896 218
Japah-Rubsia. Protocol Concerning Question of Corea. April 25, 1898 217
Japan-Russia. Treaty of Peace. Beptember 5, 1905 17
KoBEA. Protocol between Japan and Russia Concerning. June 9, 1896 218
KoBBA. Protocol between Japan and Russia Concerning. April 25, 1898 .... 217
Kobba-Japan. Agreement between. Auyust 22, 1904 218
Kobea-Japan. Agreement by which Japan Assumed Charge of Foreign
Relations. November It, 1905 221
Kobea-Japan. Agreement Regarding Communications Servioes. April 1,
190$ 219
Kobea-Japan. Agreement Relating to Internal Administration of Korea.
July 24, 1907 397
K<»ba-Japan. Document Relating to the Situation of. December 20, 1905. . 213
Kobea-Japan. Protocol concluded. Februa/ry 2$, 1904 217
Kobba-Japan. Treaty Ratified. July 25, 1894 214
' Macedonian Financial " R^glement." 1906 > 209
Mbditbbbanban. Agreement between France, Spain and Great Britain for
maintenance of status quo in. May IS, 1907 426
MBXioo-OuATBif ALA. Extradition Treaty. May 19, 1894 284
Mkzioo-Unitbd States. Convention for Elimination of Bancos in the Rio
Grande. March 20, 1905 278
Mkzioo-Unitbd Statbs. Equitable Distribution of the Waters of the Rio
Grande. May 21, 1906 281
^ MoaoooD. Declaration of France and Great Britain respecting. April 8,
^ 1904 •
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434 INDEX
MoBOCCO. Declaration of France and Spain respecting. October S, 190i, . . 8
NBwit)UNDLAND. An Act respecting Foreign Fishing Vessels. June 16, 1905 . 22
Newfoundland. An Act respecting Foreign Fishing Vessels. May 10,1906. 24
Newipoundland. Correspondence between United States and Great Britain
leading up to conclusion of Modus Vivendi of October 6-8, 1006, con-
cerning fisheries 340
Nbwtoundla^d. Modus Vivendi of October 6-8, 1906, between Qreat Britain
and United States, concerning fisheries on treaty coast 27
Newfoundland. Modus Vivendi of September 4-6, 1907, between Qreat
Britain and United Stjites, concerning fisheries on treaty coast 376
New Hebbideb. Convention between Great Britain and France Concerning,
October 20, 1906 179
Nobv£qiennb-Su£do. Dissolution de TUnion, 29 octobre, 1905 167
Peace Confbbence. Bee Intebnational Peace Confebence.
Pebsia. Convention between Great Britain and Russia concerning. August
SI, 1907 398
Resolution of Abbftbation. Signed at International American Conference,
August 7, 1906 307
Rusbia-Gbeat Bbttain. Convention containing arrangements on subject of
Persia, Afghanistan, and Thibet, August 31, 1907 398
Rubsia-Japan. Convention signed July 17-90, 1907 396
Slam-Fbanos. Convention Respecting Boundary. March 23, 1907 263
Spain-Fbanob. Declaration respecting Morocco, October 3, 1904 ^
Spain-Fbange-Gbeat Bbitain. Agreement for maintenance of territorial
status quo in the Mediterranean and that part of the Atlantic ocean
which washes the shores of Europe and Africa. May 16, 1907. .,..,.... 42§
SuiiDO-NoBVtGiENNE. Dissolution de TUnion, 29 octobre, 1905 167
Thibet. Convention between Great Britain and Russia concerning. August
31, 1907 396
Tibet. Convention between China and Great Britain respecting, signed April
27, 1906 78
Tibet-Gbeat Bbitain. Convention between, signed September 7, 1904 , 80
Tbbatt fob Abbitbation of Pecuniabt Cladcb. Signed at International
American Conference, January 30, 1902 303
Tbbatt of Obuoatobt Abbitbation. Signed at International American Con-
ference, January 29, 1902 299
United States. Act Creating Court for China. June 30, 1906 234
United States. An Act to Establish a Bureau of Immigration and Natural-
ization, etc. June 29, 1906 31
United States. An Act to Provide for the Reorganization of the Consular
Service of the United States. April 5, 1906 308
United States. Act in Reference to Expatriation of Citizens and their Pro-
tection Abroad. March 2, 1907 258
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INDEX 435
UiTiTBD States. Act Regulating the Immigration of Alieng. February 20,
1907 228
United States. Appointment of Secretaries of Embassy and Legation.
Order of November 10, 1905 84
United States. Consular Service. Regulation Governing Appointment and
Promotions. November 10, 1905, and June 27, 1906 313
United States. List of Consular Officers. July, 1907 321
United States. List of Diplomatic Officers. January 1, 1907 86
United States. Rules Governing Granting and Issuing of Passports. March
2S, 1907 269
United States. Rule Governing Granting and Issuing of Passports. June
IS, 1907 317
United States-China. Secretary Hay's circular to the Powers Cooperating
in China, Defining the purposes and policy of the United States. July
S, 1900 386
United States-Dominioan Repubuo. Customs Revenues of the Dominican
Republic. February 8, 1907 231
United Stateb-Gebmant. Commercial Agreement. April 22'May 2, 1907 . . 267
United States-Gseat Britain. Correspondence leading up to conclusion of
Modus Vivendi of October 6-8, 1906, on the subject of the Newfoundland
Fisheries 349
United States-Gbeat Bbhain. Modus Vivendi of October 6-8, 1906, re-
specting fisheries on Newfoundland treaty coast 27
United States-Gbeat Bbitatn. Modus Vivendi of September 4-6, 1907, re-
specting fisheries on Newfoundland treaty coast 375
United States-Mixioo. Convention for elimination of bancos in the Rio
Grande. March 20, 1905 278
United States-Micxioo. Equitable distribution of the waters of the Rio
Grande. May 21, 1906 281
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