boundary commission dated March 24th, 1899, their full powers exhibited and found to be in good and due form, agreed to the following: 1st. That, if in the course of the operations of material demarcation of the straight lines indicated in the arbitral decision it should be found that these lines skirt some mountain ridge or other accident of nature which by its proximity to the same might offer a more permanent frontier, the mixed commission shall, the respective heads of the commissions being in accord, and without prejudice to the establishment of said lines, propose to the respective Governments the substitution of natural limits for these lines on terms of a fair compensation. 2d. Once these lines proposed by common accord by the heads of the mixed commission have been accepted by the Governments, they shall be recognized as the ultimate boundary between the two countries, to which end the present agreement shall be submitted for their approval to the respective Congresses. In confidence in which the present convention is signed and sealed in duplicate, in the city of Buenos Aires, on the second day of the month of May, 1904, by J. A. TERRY. (Signed) J. F. VERGARA DONOSO. Met in the ministry of foreign affairs and worship of the Argentine Republic, H. E. the minister of this Department, Doctor Jose Antonio Terry, and H. E. Mr. Jose Francisco Vergara Donoso, envoy extraordinary and minister plenipotentiary of Chile, with the purpose of making an agreement that may facilitate the material demarcation of the boundary to the north of the 23d parallel of south latitude, their full powers exhibited and found to be in good and due form, agreed to the following: To the north of the mentioned parallel 23 the ultimate boundary between the Argentine Republic and the Republic of Chile shall be a straight line which, beginning at the point of intersection of said parallel with the meridian 67 west of Greenwich, terminates in the highest peak of the Mount Zapaleri, indicated as such in the map prepared by the Argentino-Bolivian Boundary Commission. Done and signed at Buenos Aires, this present convention, in duplicate, the second day of May, 1904. AUSTRIA-HUNGARY. NEUTRALITY OF CHINA IN THE WAR BETWEEN JAPAN AND RUSSIA. Mr. Hay to Mr. Storer. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, February 10, 1904. (Mr. Hay instructs Mr. Storer to consult the Austrian Government in regard to the possibility and desirability of an arrangement between the neutral powers to use their good offices with Russia and Japan for the purpose of inducing them to respect China's neutrality and administrative entity as far as possible, limiting and localizing the area of hostile operations to minimize the disturbance and excitement of the Chinese people and the injury to commerce and to the peaceful intercourse of the world. If no opposition to this proposition is offered, he is instructed to suggest that the representatives of Austria-Hungary at St. Petersburg, Tokyo, and Peking be instructed in this sense.) Mr. Storer to Mr. Hay. [Telegram.-Paraphrase.] AMERICAN LEGATION, Vienna, February 12, 1904. (Mr. Storer states that the Austrian Government is disposed in a general way to follow any concurrent use of good offices neutral powers having more important interests involved than those of Austria may agree upon, but wishes to be informed beforehand, if possible, of the extent of territory on which the neutrality of China is to be respected, and asks whether it is desired to include Manchuria.) Mr. Storer to Mr. Hay. No. 105.] AMERICAN LEGATION, Vienna, February 12, 1904. SIR: I have the honor to acknowledge the receipt of your telegraphic instruction. At the earliest possible moment I have had an interview with Count Goluchowski, handing him a memorandum of the substance of your instruction. While in general terms saying that Austria-Hungary would take the same view and attitude as the other neutral powers in the direction pointed out by your instruction, he repeated what he had said on a previous occasion, already reported by me, that the interests of Austria-Hungary were so slight and remote in all the extreme Eastern questions that there should be no expectation from any quarter that his Government would take any initiative or active part nor do more than follow what might be agreed upon by such other neutral powers as had real and weighty interests at stake. He preferred to have some enlightenment as to what was meant by the "neutrality of China" from a territorial point of view, as to whether that was intended to include Manchuria or no, before giving any instructions to the Austro-Hungarian representatives at St. Petersburg, Tokyo, and Peking. His views are that the military operations having necessarily to be conducted on land in Manchuria, recognized as part of China, or in Korea, two neutral countries, gave rise to an abnormal condition of affairs which made it difficult to be precise in terms, and also necessary to have a clear notion of the territorial extent of the neutrality which it is hoped will be respected by the belligerents. I may add that these peculiar circumstances and the dangers of hitherto unsettled questions in international and belligerent law coming suddenly forward for consideration are looked on with great apprehension among official and diplomatic circles in Vienna. As to that part of your instruction which asked the opinion of the Austro-Hungarian Government of the desirability of the neutral powers using concurrent good offices to induce the respect of Chinese neutrality, Count Goluchowski was quite cool and rather pessimistic so far as any great effect could be anticipated. In his opinion the proclamation of neutrality by all the powers, and the strict carrying out of the duties of neutrals, would probably do all that any concurrent effort to mediate further could be expected to accomplish. However, as I have said above, Austria-Hungary feels disposed to follow the lead of powers having greater interests at stake, provided these powers can come to a definite agreement as to methods and aims. (Mr. Hay informs Mr. Storer that this Government desires China's neutrality to be respected everywhere so far as is practicable in a state of war which must of course be carried on in part on the waters or soil of China. But to make a general agreement of the powers possible this Government does not specify metes or bounds.) No. 106.] Mr. Storer to Mr. Hay. AMERICAN LEGATION, Vienna, February 15, 1904. SIR: I have the honor to acknowledge the receipt of your instruction arriving midnight Saturday. At the earliest moment to-day I had an interview with the minister for foreign affairs. He had considered the questions involved, and the effect of the above instruction was that he declared that under the limitations heretofore expressed by him, and reported by me, arising necessarily from the slight importance of Austria-Hungary's interests in the Far East in comparison with those of other powers, he was entirely in accord with the intentions, now understood, of your instruction and could find no fault with the view and wishes of the United States Government. He added he would at once instruct the diplomatic representatives of Austria-Hungary at St. Petersburg, Tokyo, and Peking in accordance with this view, and authorized me to cable this to you. He repeated again that, in details, Austria-Hungary would not be disposed to take any initiative, but would be found in accord with whatever the powers more in interest might be able to agree upon. I have, etc., [NOTE. See circular of February 20, 1904, printed p. 2.] BELLAMY STORER. VISIT OF AN AMERICAN FLEET TO AUSTRIAN PORTS. Mr. Hay to Mr. Storer. No. 72.] DEPARTMENT OF STATE, Washington, February 26, 1904. SIR: As long ago as last June it was planned by the Navy Depart ment that after the winter and spring maneuvers of the United States battle-ship squadron in the Caribbean Sea that squadron should make a voyage to European waters, accompanied by the European Squadron. It was proposed that the vessels should visit Lisbon, Trieste, and possibly one of the French Mediterranean ports, remaining in each port about three weeks, after which they would proceed together to Gibraltar, the battle-ship squadron then returning to the United States and the European Squadron of course remaining on its station. The object of this visit being simply to afford the vessels and their crews the opportunities for practice incident to an extended transAtlantic voyage, and as the visit is without significance of any kind, this Government would be gratified if the courtesies and attentions to the squadrons were limited to the simple, ordinary formalities of such occasions on entering the port visited. The date of the proposed visit is not yet fixed, but it will be shortly after the conclusion of the maneuvers in the Caribbean Sea now about to take place. You will be advised further as soon as the time shall be set. I am, sir, etc., JOHN HAY. No. 115.] Mr. Storer to Mr. Hay. AMERICAN LEGATION, SIR: As your instruction No. 72, bearing date of February 26, called for no official action until further advice from the Department, I deemed it best to bring unofficially to the attention of the foreign, office the intended cruise of our ships of war in the Mediterranean, as well as the wishes of our Government as to the courtesies and attentions which might otherwise be offered to the navy of a friendly. power on such an occasion. To this unofficial communication I have the honor to report I have to-day received the answer of the foreign office, also unofficial in form, but containing information of sufficient importance to transmit at once for the consideration of the Department. It will be seen that no more than three war ships of the United States may enter at the same time any Austrian or Hungarian port, nor more than six enter Austro-Hungarian waters until, as a preliminary, permission is asked for through the diplomatic channel. I inclose a copy and a translation of the letter of the under secretary of state, Ritter von Mérey. I have, etc., BELLAMY STORER. [Inclosure. Translation.] Mr. Mérey to Mr. Storer. IMPERIAL AND ROYAL MINISTRY FOR FOREIGN AFFAIRS, MY DEAR AMBASSADOR: I have at once communicated to the proper quarter the contents of the note that your excellency was good enough to send on the 30th of March to inform the Government of Austria-Hungary that a United States squadron was to visit several ports of Europe this summer, and among them would stop at Trieste. The naval section of the war department of Austria-Hungary has received the news of this visit to one of our ports with the greatest pleasure. Yet it is thought that the attention of the Government of the United States should be called to article 2 of the law in force on "The approach to the Austro-Hungarian coast of war vessels of friendly powers." By the terms of this article it is interdicted for more than three ships of war of the same foreign navy to anchor at the same time in the same port; and for more than six of such ships of war to remain in the neighborhood of our coast, unless a special authorization therefor has been previously asked for through the diplomatic channel. The newspapers having spoken of a much larger number of ships, it is of importance, in order to avoid any misunderstanding, that timely notice should be given of this restriction to the Government of the United States. I beg to add that the Austro-Hungarian naval authorities will take notice of the desire of your excellency to confine the marks of courtesy to the formalities of rule and custom and take this occasion to renew to you, my dear ambassador, the assurances, etc. For the minister: MÉREY. |