parties according to the respective constitutional provisions, and the ratifications will be exchanged conjointly with the treaty of which it forms a part. In witness whereof the respective plenipotentiaries have signed this additional article and have attached thereto their respective seals. Done in sextuplicate in Tokio the 10th day of October, 1899, corresponding to the 10th day of the 10th month of the thirty-second year of Meiji. [L. S.] [L. S.] (Signed) CARLOS MORLA VICUÑA. And inasmuch as the treaty and protocol above attached have been ratified after the previous approbation of the National Congress and the respective ratifications were exchanged in the city of Washington the 24th day of September, 1906, by the authorized representatives of the two Governments: Therefore, and in use of the power which is conferred on me by article 73, part 19, of the political constitution, I dispose and order that they be carried out and executed in all ports as a law of the Republic. Santiago, the 31st of March, 1907.-Pedro Montt.-Ricardo Salas Edwards. CITIZENSHIP OF CHILDREN BORN OF FOREIGN PARENTS File No. 8476. No. 162.] Chargé Janes to the Secretary of State. AMERICAN LEGATION, Santiago, August 5, 1907. SIR: I have the honor to transmit herewith a copy of an interesting decision handed down on the 18th of July by the court of appeals of Santiago. In this it is decided that a child born in Chile of Spanish parents is not necessarily a Chilean citizen, and that therefore the laws prescribing military service for all citizens of this country can not be enforced against him. This marks a triumph of the principle of the jus sanguinis over the jus soli. The facts of the case are as follows: A minor, the son of Spanish parents, Hector Garcia by name, was summoned to do military service according to the Chilean laws. Garcia refused to enroll himself as a Chilean soldier, stating that although he was born in Chile, he was a Spanish subject, and as such the duty of military service in Chile could not be demanded of him. Whereupon he was brought before a lower court and sentenced to thirty days' confinement in jail. Appeal was then taken from this decision to the higher court. It appears that the appellant had been registered in the Spanish legation by his parents and that this entry had been duly transmitted and reported to the Spanish foreign office. According to the Spanish constitution the children of Spanish parents are Spanish citizens, whether the birthplace of the offspring be Spain or a foreign country. On the other hand, all persons born in Chile are declared by Article VI of the Chilean constitution citizens of that country. In this conflict of the fundamental laws of the two countries the court adopted the opinion of the great commentator of the Chilean constitution, Señor Jorje Huneeus, according to whom, " in spite of the imperative terms in which the clause heading this article (clause 1, article 5) is written, it does not impose the character of Chilean citizenship, but only offers it to those who, possessing the qualifications enumerated in the different provisions included in this article, are freely willing to accept it, when, at the same time, the citizenship of another country is offered to them by the legislation in force in the latter." The parents of Hector Garcia made use of the right of election. possessed by their son by registering him in the Spanish legation. The clerk of the court states that the Government will not carry the case further, but accepts the decision as it stands. I have, etc., HENRY L. JANES. [Inclosure.] Conflict of laws on the subject of citizenship-Decision of court of appeals of It is decided: Santiago. First. That the documents show the following facts: (a) That after the sentence which is being served and which is attached to folio 6 had been passed, according to which Mr. N. N. is condemned to thirty days' imprisonment and other penalties therein included, for not having inscribed his name in the military registers, an appeal was taken to secure a reconsideration and a change of judgment; (b) That as basis of said prayer the document of folio 1 is submitted, in which the minister of Spain certifies "that in the register of Spanish subjects which exists in that legation there is an entry noting the birth of said N. N.," inscription which serves the purpose of establishing his nationality according to what is there stated; and (c) That in the certificate of folio 19 submitted to the court of second instance, the said minister adds that "in folios 1 to 8 it appears that the fact of the birth of said N. N. had been registered by virtue of the application of his father, and from this transcription it appears that a copy has been sent to the ministry of foreign relations of Spain; Second. That consequently the question reduces itself in last result to a determination of the nationality which is possessed by the appellant; or, in other words, if he should be held to be Chilean from the fact of his birth in Chile, or Spanish as son of Spanish parents, a minor and duly inscribed in the respective legation; Third. That although the fundamental statute in article 6, No. 1, declares that "persons born in the territory of Chile are Chileans," such disposition, by its nature, must be interpreted in conformity to the rules of international law, inasmuch as conflicts may occur between it and that which is established on the subject in the constitutions, as occurs at present, in that the Spanish constitution recognizes as Spaniards, among others, the sons of Spanish father or mother, although they be born outside of Spain; Fourth. That it is a principle uniformly admitted by the text writers of that science that the unemancipated son follows the nationality of the father and the case under consideration, this principle is confirmed by the inscription of the N. N., made on the request of his parents in the register of the Spanish legation; Fifth. That it is gathered from what has been expounded that the constitutional provision of article 6 should not be considered as being absolute in character, but limited in the sense that it offers Chilean nationality "to those that, possessing the qualifications there enumerated, are freely willing to accept it, where, at the same time, they are offered the nationality of another country by the legislation in force in the latter;" and Sixth. That, proven the nationality of N. N. as a Spanish subject, neither the provisions of article 1 of the law No. 1467 of the 10th of September, 1901, nor the penalties determined by the same to sanction its proper execution apply to his case. MESSAGE OF THE PRESIDENT OF CHILE TO THE CHILEAN CONGRESS. File No. 180/2-3. No. 150.] Chargé Janes to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to transmit herewith a copy and translation of the annual message of the President of this Republic, which was delivered in extraordinary session before the assembled chambers of the national legislature, the ministers of state, the diplomatic corps, and high military officials on June 1. The relations with Peru have, according to the message, reached a satisfactory point of improvement. Several new conventions with Bolivia settling ambiguous and disputed points of the treaty of 1904 will soon be presented to the Senate. Two treaties have been made with Argentine Republic regarding the exchange of official publications and the suppressing of counterfeiting of the national currencies. In accordance with the recommendation of the Pan-American Conference the government has appointed a commission to study the various conventions entered into by the delegates of the congress, with a view of recommending them for passage to the legislative bodies of Chile. The invitation to participate in The Hague Peace Conference has been accepted, and Chile will be represented by delegates. The visit of Mr. Root to Chile is adverted to in a few words of cordiality and courtesy. Speaking of the great earthquake of last August, the President states that $10,200,000 has been expended by the Government to meet the needs growing directly out of the catastrophe. Of the $2,741,000.80 donated by foreign governments, $2,000,000 was divided among the cities and villages damaged by the quake, $300,000 was used to found an orphan asylum, and the rest was distributed by public-spirited women of Valparaiso and Santiago among the impoverished population of these cities. The income which the nation derived from its revenues amounted in 1906 to $161,069,725. In arriving at an estimate of the total assets of the nation the President adds the $20,000,000 of paper money issued last May as an item of national wealth. In this manner he finds a total of $183,535,392 with which to meet an expenditure of $169,951,601. The result thus shown is a surplus of $13,583,790. But if the $20,000,000 government notes, which the Government must according to law stand ready to redeem in specie in 1910, are not placed among the items of national income, then the country in 1906 faced a deficit of $6,416,210. The budget for 1907-8 will provide for the expenditure of $188,000,000. In addition to this a loan of $32,000,000 will be sought for public works. The list of expenditure shows an increase of about $20,000,000 over the previous year. The revenues of the State are computed as exactly balancing expenditures. The total foreign commerce of Chile increased $51,856,000 over the previous year, the figure for 1906 being $525,554,513. These amounts are given in the Chilean gold peso, whose value is fixed by law at 18 pence. While the total value of the exports ($289,513,522) is $53, 472,531 in excess of the imports ($236,040,991), if the single item of nitrate and its by-products, which constitutes 75 per cent of the value of Chile's shipments abroad is omitted, the "balance of trade" is overwhelming against the country. Twelve and one-half per cent of the exports is copper and borax. With an increase over 1905 of $12,643,757 in the customs revenues, the President suggests, in view of the great increase in the cost of living and of national production, that the duties in the cases of articles of necessity be reduced. Though the funds deposited by Chile in Germany and the United States for the redemption of the $120,000,000 of outstanding government notes have reached the enormous sum of $77,282,257 (pesos of 18d.), President Montt recognizes that something more than the existence of this sum is needed in order to keep the paper at par or near that point. It is not only the ability of the Government to pay, but it is its readiness to act upon the promise to pay it made in the various laws on the subject which is particularly emphasized by Mr. Montt. This part of the message was undoubtedly suggested by the general lack of confidence in the Government's declarations as to the resumption of specie payments. In addition to the points which have been touched upon above, the message devotes considerable space to the enumeration of plans for the improvement of the ports, the advancement of education, and the building of railways. The rest of the message deals with questions of purely internal and domestic interest. I have, etc., [Inclosure. Translation.] HENRY L. JANES. Message of the President of Chile, June 1, 1997. FELLOW-CITIZENS OF THE SENATE AND THE HOUSE OF DEPUTIES: It gives me pleasure to preside for the first time over this solemn ceremony, which has been repeated among us for seventy-six years and which is a witness to the stability of the constitutional régime on our soil. The Republic is at peace with all nations. The reestablishment of the diplomatic relations between Chile and Peru places us in a position to settle the territorial question in accordance with existing conventions and in harmony with the aspirations of the two people, thus assuring the solidarity of relations of neighboring countries that are bound together by interests of every kind. Although the treaty of peace of 1904 terminated satisfactorily, the transitory differences between Chile and Bolivia, the complicated nature of certain stipulations incorporated in said treaty, has given rise to negotiations between the two Governments. Conventions which have been subscribed recently, and which I will submit to you for your approval, have settled the greater part of the points of negotiation in a sincere and friendly spirit which is in keeping with the interests of both countries. With the settlement of the boundary controversy with Argentine Republic and the removal of the causes of friction which had their origin in this long litigation, both Republics have labored to strengthen the ties that bind them together. In February of the present year two conventions were entered into with the Argentine Government. The first encourages the exchange of official and literary publications. The second takes severe measures to repress in the territory of the one the counterfeiting of the money or the bonds of the other. Both Governments are at the same time studying the best manner to give the proper aid to the commerce between the two countries. Our country took part in the Third International American Conference which met in Rio de Janeiro during the past year. According to a resolution adopted in said assembly, Chile has appointed a commission charged with the study of the conventions passed in the former conferences, which will report on the advisability of submitting to you for your approval all or any of the agreements referred to. I have accepted the invitation sent us by the Government of Holland to attend the Second International Peace Conference, which is to be held at The Hague in the course of the present month of June. Steps have been taken in order that those designated to represent us in said assembly may be furnished in a fitting manner with the instructions necessary in the discharge of their duties. The diplomatic service of our country remains incomplete on account of the failure of the honorable senate to approve the various nominations submitted during the last extraordinary period of your sessions. In the firm belief that a cordiality of relations with all States, strengthened by the tie of economic interests, is one of the best means of assuring the Republic domestic prosperity and prestige abroad, it will be the constant endeavor of my Government to build its international policy on this foundation. The United States, through its special representative, Mr. Root, has again made the offer to us of friendship and progress, which have been cordially reciprocated by us. I fulfill a duty in again expressing on this solemn occasion the sincere gratitude of the Government and people of Chile to the peoples and governments which, upon learning of the injury inflicted on us by the catastrophe of August, 1906, manifested concretely and generously their feelings of fraternal friendship and sympathy. The Government is engaged in carrying out plans for a general census of the Republic, and is studying with lively interest the manner of doing this with the greatest exactitude. To this end a commission of experts has been named to cooperate in the carrying out of this important work. The present administration began in the midst of the anxieties and difficulties produced by the earthquake of the 16th of August of last year, the effects of which we are yet feeling, and which will weigh upon the country for a long time to come. The Government strove to alleviate as far as it was able the injuries suffered by individuals, and was aided efficiently in this work by a group of friendly nations and by the foreign colonies, which competed in zeal and in readiness to make sacrifices with our compatriots. In August, 1906, Congress voted the sum of $4,000,000 to aid those who have suffered loss, and later on $850,000 for public employees; $3,350,000 was also appropriated to pay for the requisition of provisions and other things for private consumption made by the public authorities during the days which immediately followed the catastrophe. The sum of $2,000,000 also was granted for the reinstalling of the public service in those buildings which have been damaged by the earthquake outside of Valparaiso. Foreign nations contributed to the relief of the earthquake sufferers the sum of $2,741,000.80. Of this amount $2,000,000 was distributed in the cities mentioned by the decree No. 6354 of the 13th of last December, $300,000 was set aside for an asylum for widows and orphans in Valparaiso, and the rest was distributed to the public by a group of women of this capital and of Valparaiso. In the near future a report will be published containing the details and documents which relate to the expenditure of all the funds which have been enumerated. Mention should be made of the generosity of the English colony, which came together and distributed conscientiously and discreetly more than a million pesos among the earthquake sufferers of Valparaiso. In the course of the year cases of bubonic plague have appeared in the north and many cases of smallpox in the south. As this peril is continually renewed, it is necessary for the Government to be prepared to take rapid and efficient steps from the moment in which any epidemic has begun. The section of hygiene and charity established recently in the ministry of the interior is charged with the service in aid of the action of the Government. The advantages of immigration can not be overlooked in a country like ours, which has a population inadequate for its present and future needs. The invitation to the foreigner to aid in our prosperity does not imply the ignorance of the aptitude of our people. On the contrary, we seek in the foreigner not a competitor, but an assistant to our workmen, who, without diminution of forces and without compromising their lives, can not carry out properly |