[Subinclosure-Translation.] In view of a request from the American minister, the supervisory committee appointed by the law of June 1, 1861 (Official Gazette No. 53), as revised by that of the law of July 15, 1859 (Official Gazette No. 124), relating to the transit and conveyance of emigrants, to superintend the conveyance of such persons at Amsterdam and Rotterdam, has been consulted, and both committees state that they regard the proposed measure as being neither in the interests of the emigrants nor of the shipping companies. In this connection they refer to the American immigration law of March 3, 1903, containing the provision that at the "port of arrival" it shall be determined whether or not immigrants shall be admitted, so that eventual sanction before embarkation will be no guaranty that disembarkation will be allowed, while as far as the steamship companies are concerned they for some time past have instituted the necessary investigation by experts as to any symptoms of skin disease and a short time ago as to any appearance of any ocular disease among emigrants, they being the parties the most interested in avoiding the imposition of a heavy fine to which they would be liable for the importation of sick immigrants. In 1892, on account of the prevalence of the cholera in Hamburg, the United States Government stationed an American medical officer at Rotterdam. In 1900, too, such a step was taken, but the medical officer thus stationed was in no official relationship to the Netherlands Government and only acted as adviser to the American consul. Nothing more was done than to acquaint the Government with his presence. On former occasions when the American Government has placed medical officers in this country with the said object the committee has reported no difficulties, but subsequently they have arrived at a different opinion. For instance, the Rotterdam committee has given notice that during the cholera time one of such officers on the exportation of Sumatra tobacco desired to have the stipulation relating to "vegetables" applied. It is apparent that when once officially allowed the medical officer here referred to will assume more authority, which, as was evident from the above-cited instance, proved detrimental to trade. The measure proposed by the United States Government does not strike the Netherlands Government as either effectual or necessary in regard to the emigrants or the steamship companies; and hence, on the grounds of past experience, a negative answer must be given to the request made by Mr. Stanford Newel in the last clause but one of his note. NEUTRALITY OF CHINA IN THE WAR BETWEEN RUSSIA AND JAPAN. Mr. Hay to Mr. Garrett. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, February 10, 1904. (Mr. Hay instructs Mr. Garrett to consult the Netherlands 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 the Netherlands at St. Petersburg, Tokyo, and Peking be instructed in this sense.) No. 717.] Mr. Newel to Mr. Hay. AMERICAN LEGATION, SIR: * * I have the honor to inclose herewith a copy of the correspondence that has passed between this legation and the foreign office on the subject of the neutrality of China, consisting of my note of the 11th instant, the reply of the minister of foreign affairs, just received, and a translation of the latter. I have, etc., STANFORD NEWEL. [Inclosure 1.] Mr. Newel to Baron de Lynden. AMERICAN LEGATION, SIR Referring to my conversation with your excellency this morning with reference to the desirability and possibility of the neutral powers concurrently using good offices with Russia and Japan to induce them to respect the neutrality of China and in all practical ways to localize and limit, as much as possible, the area of hostilities, I have the honor to formally repeat that I was instructed by my Government to confer with you on that subject and to suggest that, if the idea is acceptable to the Netherlands Government, instructions may be sent to its representatives in St. Petersburg, Tokyo, and Peking to cooperate with the representatives of other neutral powers, so that undue excitement and disturbances of the Chinese people may possibly be prevented and the least possible loss to the commerce and the peaceful intercourse of the world may be assured. Accept, etc., [Inclosure 2.- Translation.] STANFORD NEWEL. MINISTRY OF FOREIGN AFFAIRS, POLITICAL BUREAU, MR. MINISTER: On the 11th instant your excellency asked me if the Royal Government would be disposed, concurrently with the other powers neutral to the conflict in which Japan and Russia are engaged, to use its good offices with the belligerent powers and the Government of China with a view to assuring the neutrality of China and of limiting as far as possible the area of hostilities. This step, in the opinion of the United States, would serve to prevent excitement and disturbances in the Chinese Empire and to limit as far as possible the loss which the war may occasion to the commerce and peaceful intercourse of the world. In your note of the same date your excellency confirms the verbal explanations kindly given me in regard to the views of your Government. In reply I have the honor to advise your excellency that Her Majesty's Government understands the first part of the proposition as having regard exclusively to the Chinese Empire, in its restricted sense, and not affecting in any way Manchuria. Looking at it from this point of view, the Royal Government can not but applaud, from a humanitarian point, that which the United States expects to attain, and having reason to believe that this sentiment will be shared by all the governments interested, it is prepared to concur in the collective steps above indicated. To this end it will be necessary that the representatives of the neutral powers shall receive identical instructions and that these powers agree as to the formula to be adopted. It will therefore be of especial importance to me to be informed in due course of the text that your Government desires to suggest or in regard to which there perhaps exists already a preliminary agreement between it and certain other powers, Concerning the step to be taken in respect to the Chinese Government, it might be desirable to obtain the cooperation of the two belligerent powers, and I should be greatly obliged if your excellency would kindly let me know the views of your Government on this point. In conclusion I deem it my duty to state that the Government of the Queen, in associating itself with the above-mentioned steps, does not undertake any obligation to cooperate in any measures whatever that the neutral powers might deem necessary in consequence of such steps. Accept, etc., BN MELVIL DE LYNDEN. (NOTE.--See also circular of February 20, 1904, printed on p. 2.) NEUTRAL COMMERCE IN ARTICLES CONDITIONALLY CONTRABAND OF WAR. (NOTE.-See also circular of June 10, 1904, printed on p. 3.) Mr. Adee to Baron Gevers. DEPARTMENT OF STATE, Washington, February 16, 1904. DEAR MR. MINISTER: Mr. Hay has requested me to communicate to you the accompanying memorandum in response to the inquiry you made of him this morning in regard to the Japanese proclamation of coal as contraband of war. I am, etc., MEMORANDUM. ALVEY A. ADEE. DEPARTMENT OF STATE, Washington, February 16, 1904. The minister of the Netherlands inquires whether the declaration of Japan that coal is contraband of war entails any restrictions of the rule that coal may be supplied to a man-of-war of a belligerent (in a neutral port) in sufficient quantity to reach the belligerent's nearest home port. By the general rule of international law neutrals are free to sell contraband of war, even arms and ammunition, to a belligerent, subject always to the risk of seizure by the other belligerent. The recently issued neutrality proclamation of the President merely limits the right of citizens of the United States to sell coal within the jurisdiction of the United States to a belligerent war ship to a certain amount, namely, enough to take the vessel to its nearest home port. As the United States Government understands the matter, the Japanese proclamation merely declares that coal is contraband of war, the effect being to serve notice that where Japan finds coal being carried to her enemy by neutrals she will seize it. This does not appear to conflict with the declaration in the President's proclamation, which has application within the territorial jurisdiction of the United States. a Printed on page 32. Jonkheer R. de Marees van Swinderen to Mr. Hay. MR. SECRETARY OF STATE: The royal legation has not failed to forward to the Government of the Queen the memorandum relating to the Japanese declaration about the sale of coal during the actual war in the far Orient which accompanied the note which your excellency kindly addressed to it on February 16 last. I have been instructed to transmit to the Government of the United States the thanks of the Royal Government for the memorandum of which it has taken notice with great interest and in which it fully VAN SWINDEREN. concurs. I take this occasion, etc., TREATY BETWEEN THE UNITED STATES AND THE KINGDOM OF THE NETHERLANDS, EXTENDING THE EXTRADITION CONVENTION OF JUNE 2, 1887, BETWEEN THE TWO COUNTRIES TO THEIR RESPECTIVE ISLAND POSSESSIONS AND COLONIES. Signed at Washington. January 18, 1904. Ratification advised by the Senate, January 27, 1904. Ratified by the President, May 26, 1904. Ratified by The Netherlands, April 4, 1904. Ratifications exchanged at Washington, May 28, 1904. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention between the United States of America and the Netherlands extending to their respective island possessions and colonies the Convention for the extradition of criminals, concluded at Washington on June 2, 1887, was concluded and signed by their respective Plenipotentiaries at Washinton, on the eighteenth day of January, one thousand nine hundred and four, the original of which Convention, being in the English and Dutch languages, is word for word as follows: The United States of America and Her Majesty the Queen of the Netherlands, having judged it expedient to extend to their respective island possessions and colonies the Convention for the extradition of criminals, concluded at Washington on June 2, 1887, by means of an additional Convention, have to that end appointed as their plenipotentiaries: The President of the United States of America: John Hay, Secretary of State of the United States; and Her Majesty the Queen of the Netherlands: Baron Willem Alexander Frederik Gevers, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: ARTICLE I. The provisions of the Convention for the extradition of criminals concluded at Washington June 2, 1887, shall be applicable to the island possessions of the United States of America and the colonies of the Netherlands; but, since they are based upon the law of the mother country, only provided that they are compatible with the laws or regulations in force in those island possessions and colonies, and with the observance of the following stipulations: ARTICLE II. In addition to the persons mentioned in article II of that Convention, those shall also be surrendered who are charged with or have been convicted of the crime of bribery, provided it be an extradition crime by the laws or regulations in force in the respective island possessions and colonies of the contracting parties. or of the crime of piracy by statute or by the law of nations. ARTICLE III. Application for the surrender of a criminal may be made directly to the governor or chief magistrate of the island possession or colony in which the criminal has sought refuge, by the governor or chief magistrate of an island possession or colony of the other contracting party, provided that both island possessions or colonies are situated in Asia, or both in America (including the West India Islands); in making such application, the intervention of a consular officer in such a possession or colony may be used, although no modification shall thereby be made in his capacity as a commercial agent. The aforesaid governors or chief magistrates shall have authority either to grant the extradition or to refer the matter for decision to the mother country. In all other cases, application for extradition shall be made through the diplomatic channel. ARTICLE IV. The beginning of paragraph 2 (in the alternat paragraph 1) of article XII of the Convention of June 2, 1887, shall, as regards the Dutch East Indies, read as follows: "It shall be lawful for any competent authority," etc. ARTICLE V. In the cases of direct application for extradition described in article III of the Convention, the certificate mentioned in the second (first in the alternat) paragraph of the said article XII may be given by the governor or the chief magistrate of the Dutch Colony; the certificate mentioned in the first (second in alternat) paragraph of the last named article, by the Chief Magistrate of the North American island possession. The term of preliminary arrest provided for in article XII of the Convention of June 2, 1887, shall for the enforcement of this article, be made sixty days. |