to such settlements shall have been transferred to said Japanese authorities-"les baux a perpétuité en vertu desquels les étrangers possédent actuellement des propriétés dans les quartiers seront confirmés, et les propriétés de cette nature ne donneront lieu à aucuns impôts, taxes, charges, contributions ou conditions quelconques autre que ceux expressément stipulés dans les baux en question;" and Paragraph 4, Article XVIII, of the revised treaty of July 16, 1894, between Japan and Great Britain: "When such incorporation takes place"-that is to say, when the several foreign settlements in Japan shall have been incorporated with the respective Japanese communes—“existing leases in perpetuity under which property is now held in the said settlements shall be confirmed, and no conditions whatsoever other than those contained in such existing leases shall be imposed in respect of such property;" and Whereas the controversy is not amenable to ordinary diplomatic methods; and Whereas the powers at variance, cosignatories of the Convention of The Hague for the peaceful adjustment of international differences, have resolved to terminate the controversy by referring the question at issue to impartial arbitration in accordance with the provisions of said convention: The said powers have, with a view to carry out that resolution, authorized the following representatives-that is to say: The Government of Great Britain: Sir Claude Maxwell Macdonald, G. C. M. G., K. C. B., His Britannic Majesty's envoy extraordinary and minister plenipotentiary; The Government of France: M. G. Dubail, minister plenipotentiary, chargé d'affaires of France; The Government of Germany: Count von Arco Valley, envoy extraordinary and minister plenipotentiary of His Majesty the German Emperor, King of Prussia; The Government of Japan: Baron Komura Jutaro, His Imperial Japanese Majesty's minister of state for foreign affairs; To conclude the following protocol: I. The powers in difference agree that the arbitral tribunal to which the question at issue is to be submitted for final decision shall be composed of three members, who are members of the Permanent Court of Arbitration of The Hague, to be selected in the following manner: Each party, as soon as possible and not later than two months after the date of this protocol, to name one arbitrator, and the two arbitrators so named together to choose an umpire. In case the two arbitrators fail for the period of two months after their appointment to choose an umpire, His Majesty the King of Sweden and Norway shall be requested to name an umpire. II. The question at issue upon which the parties to this arbitration request the arbitral tribunal to pronounce a final decision is as follows: Whether or not the provisions of the treaties and other engagements above quoted exempt only land held under leases in perpetuity granted by or on behalf of the Japanese Government, or land and buildings of whatever description, constructed or which may hereafter be constructed on such land, from any imposts, taxes, charges, contributions, or conditions whatsoever other than those expressly stipulated in the leases in question. III. Within eight months after the date of this protocol each party shall deliver to the several members of the arbitral tribunal and to the other party, complete written or printed copies of the case, evidence, and arguments upon which it relies in the present arbitration. And not later than six months thereafter a similar delivery shall be made of written or printed copies of the counter cases, additional evidence, and final arguments of the two parties; it being understood that such counter cases, additional evidence, and final arguments shall be limited to answering the principal cases, evidence, and arguments previously delivered. IV. Each party shall have the right to submit to the arbitral tribunal as evidence in the case all such documents, records, official correspondences, and other official or public statements or acts bearing on the subject of this arbitration as it may consider necessary. But if in its case, counter case, or arguments submitted to the tribunal either party shall have specified or alluded to any document or paper in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof within thirty days after such application is made. V. Either party may, if it thinks fit, but subject to the right of reply on the part of the other party within such time as may be fixed by the arbitral tribunal, present to the tribunal, for such action as the tribunal may deem proper, a statement of objections to the counter case, additional evidence, and final arguments of the other party, if it is of opinion that those documents or any of them are irrelevant, erroneous, or not strictly limited to answering its principal case, evidence, and arguments. VI. No papers or communications other than those contemplated by Sections III and V of this protocol, either written or oral, shall be admitted or considered in the present arbitration unless the arbitral tribunal shall request from either party additional or supplementary explanation or information, to be given in writing. If the explanation or information is given, the other party shall have the right to present a written reply within such time as may be fixed by the arbitral tribunal. VII. The tribunal shall meet at a place to be designated later by the parties, as soon as practicable, but not earlier than two months nor later than three months after the delivery of the counter cases as provided in Section III of this protocol, and shall proceed impartially and carefully to examine and decide the question at issue. The decision of the tribunal shall, if possible, be pronounced within one month after the president thereof shall have declared the arbitral hearing closed. VIII. For the purposes of this arbitration the Government of Japan shall be regarded as one party, and the Governments of Great Britain, France, and Germany, jointly, shall be regarded as the other party. IX. So far as is not otherwise provided in this protocol, the provisions of the Convention of The Hague for the peaceful adjustment of international differences shall apply to this arbitration. Done at Tokyo this 28th day of August, 1902, corresponding to the 28th day of the eighth month of the thirty-fifth year of Meiji. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSULAR OFFICIALS. Mr. Buck to Mr. Hay. No. 647.] UNITED STATES LEGATION, SIR: I have the honor to inclose herewith copy of the note from the minister for foreign affairs, whereby United States consuls in Japan are permitted to use their good offices in representation of the interests of Cubans in Japan. On receipt of this note, acting on the Department's telegraphic instruction of the 24th ultimo, I have instructed the United States consuls to act accordingly. I have, etc., A. E. BUCK. [Inclosure.-Translation.] Baron Komura Jutaro to Mr. Buck. DEPARTMENT OF FOREIGN AFFAIRS, MONSIEUR LE MINISTRE: I have the honor to acknowledge the receipt of your excellency's note No. 352, dated the 26th instant, asking, under instructions from the United States Government, given at the request of the President of Cuba, that the Imperial Government should permit United States consuls in Japan to use their good offices in representation of the interests of Cuba and its citizens until Cuban consuls shall have been appointed. I beg to state, in reply, that, although the Imperial Government are not yet in receipt of any official communication as regards the establishment of the State of Cuba, yet they have no objection as to the United States consuls using their good offices in representation of the interests of Cubans in Japan. I avail, etc., BARON KOMURA JUTARO, a Printed, page 6. ACCIDENT TO PRESIDENT ROOSEVELT. Telegram from the minister for foreign affairs of Japan to the Japanese Minister to the United States, left by Count Mutsu, secretary of Japanese legation, at the Department of State, September 6, 1902. His Majesty, the Emperor, commands you to convey to the President his sincere congratulations for the fortunate escape of the President from the consequences of the accident which might have proved very serious, and also to express His Majesty's wishes for the continual health and welfare of the President. Mr. Adee to Mr. Takahira. [Telegram.] DEPARTMENT OF STATE, Washington, September 6, 1902. Count Mutsu has communicated the friendly message of His Majesty the Emperor, which I have transmitted to the President, by whom I am charged to make known his high appreciation. ALVEY A. ADEE, Acting Secretary. DEATH OF ALFRED E. BUCK, UNITED STATES MINISTER TO JAPAN. Mr. Ferguson to Mr. Hay. [Telegram.] LEGATION OF THE UNITED STATES, Tokyo, December 4, 1902. It is my painful duty to announce the sudden death to-day of Minister Buck. * FERGUSON. Memorandum from Mr. Takahira to Mr. Hay. JAPANESE LEGATION, Washington, December 4, 1902. Copy of telegram from Baron Komura to Mr. Takahira, received December 4, 1902: "His Excellency Buck, while attending duck-hunting party December 4, taken suddenly ill and died. 66 Convey to the United States Government deepest condolence of Imperial Government." No. 88.] Mr. Hay to Mr. Takahira. DEPARTMENT OF STATE, Washington, December 11, 1902. SIR: I have the honor to acknowledge the receipt of the telegram, dated the 4th instant, from Baron Komura to you, in which he announces the death of Mr. Alfred E. Buck, United States minister to Japan, and expresses the condolence of the Japanese Government at the sad event. In reply I beg to say that the Government of the United States greatly appreciates the courtesy and sympathy of the Japanese Government. Accept, etc., JOHN HAY. KOREA. AMENDMENT TO LAND REGULATIONS OF FOREIGN SETTLEMENT No. 445.] AT CHEMULPO. Mr. Paddock to Mr. Hay. LEGATION OF THE UNITED STATES, Seoul, March 15, 1902. SIR: I have the honor to inform you that at a meeting of the foreign representatives held on October 29 last, an application submitted by Mr. Pavlow, then Russian chargé d'affaires, for the acquisition by his Government of a consular site in the general foreign settlement of Chemulpo, under the same conditions as those under which other governments had acquired such sites, was considered, and it was unanimously decided that there could be no objection to the same. At a subsequent meeting Mr. Pavlow raised a question as to the anomaly which would exist in the case of governments and their consuls at Chemulpo, whose nationals did not hold land within the settlement, since under Article VI of the present regulations of the general foreign settlement of Chemulpo, such governments and their consuls, although owners of land, would not be entitled to representation on the municipal council and would therefore be less favored than private lot owners. He pointed out that in 1897, owing to a number of similar faults discovered in the regulations of the Chemulpo settlement, on the occasion of the signature of the regulations of the new foreign settlements at Chemulpo and Mokpo, the foreign representatives decided to submit to the approval of their respective governments a proposal to substitute the new regulations for those of the Chemulpo settlement. This proposal was submitted to the Department of State by minister Allen in a dispatch (No. 38, diplomatic) of November 27, 1897, and was approved by the Department in a dispatch (No. 36) dated December 31, 1897. Such complete substitution of the new regulations for those of the Chemulpo settlement, however, has never been effected. Mr. Pavlow then suggested, as the application to Chemulpo of the whole of the regulations for the new settlements mentioned would appear to be a complicated matter and require much time to arrange, that Article VI alone of the Chemulpo regulations be at once amended by the substitution for it of Article XIV of the regulations of the new settlements mentioned, viz, the municipal council to consist of: 1. The Kamni or a Korean local official of suitable rank; 2. The local consuls; 3. Not more than three members elected by the registered lot holders. Article VI of the present Chemulpo regulations reads as follows: The municipal council shall consist of a Korean local official of suitable rank; the consuls of the treaty powers whose subjects or citizens hold land in the settlement; and of three registered landholders, who shall be elected, etc. |