the Union the categorical assurance to which is subjected its adhesion to our view in regard to the treaty of 1881. We, therefore, take pleas ure in hoping that the understanding can be considered as complete between the two Governments under the terms of the note addressed to you April 16 and of the one which our representative at Washington handed to Mr. Olney on the 18th of the same month. Besides the Government of the Republic will be inspired by the sentiments of sympathy which exist between France and the United States in facilitating the incorporation of the new régime with regard to the citizens of the Union, and in assuring the continuation of the development of the relations which they have with our new colony. I beg your excellency to kindly bring this information to the knowledge of your Government. Please accept, etc., G. HANOTAUX. [Inclosure 3 in No. 511.-From the London Times.] Bill for the annexation of Madagascar, introduced in the French Chamber of Deputies May 30, 1896. It is now eight months since the French troops entered Antananarivo, and the diplomatic and political system of the great island has not yet been defined. It is needless to insist on the inconveniences of such a delay, as well in reference to the internal pacification of our new possession as to the international problems raised by the conquest. From the beginning two systems have confronted each other, the one consisting in putting Madagascar under the protectorate of France, and the other in making the island a French colony. The Chamber knows that the cabinet presided over by Mr. Ribot decided upon a protectorate with all its consequences. This was the system established both by the treaty intrusted to General Duchesne, and by the unilateral document telegraphed on September 18, which was to be signed exclusively by the Queen. The cabinet of which we are the successors did not feel that this was the system to be adopted. The treaty signed by General Duchesne was not ratified, and the Queen had to sign a fresh document, which struck out the formula "protectorate with its consequences." In the new document the Queen took cognizance of the declaration of prise de possession of the island of Madagascar by the French Government. A de facto situation was thus established, "not, properly speaking, implying cession or adjunction of territory." It merely effected a "dismemberment of sovereignty" which left the Queen a portion of her authority; that concerning the internal administration of the island. Such were the declarations made to the Chamber. The prise de possession of the island had, moreover, already been notified to the powers by the dispatch of February 11, 1896. That notification was the occasion on the part of the chief cabinets interested of an exchange of views, leading, in certain cases, to requests for enlightenment as to the bearing of a prise de possession de fait, as well from a diplomatic as from a juridical and legislative point of view. Those powers having relations with Madagascar, owing to previous treaties, do not deny that the disappearance of native Sovereignty and the full and complete substitution of France for the Hova Government would result in causing ipso facto the old treaties to disappear. But they do not seem disposed to draw the same conclusions from a mere declaration of taking possession. If, however, owing to the sacrifices that France has made to establish her authority in Madagascar, we wish to insure our countrymen and our products a privileged situation in the great island, it is necessary for this question of the previously existing treaties to be settled as soon as possible. It is in these conditions that the present cabinet has had to resume the study of the question. Could it retrace the past and endeavor to restore the protectorate system destroyed, so to speak, even before it existed by the unilateral document signed by the Queen on January 18? As Mr. Charmes said in a sitting of March 19, 1896, "The Queen having signed a second treaty, could she be made to sign a third?" Matters have advanced, declarations have been made and notified. Irremediable decisions have been taken. In presence of definite and accomplished facts, considering the great sacrifices made by France for the conquest of the island, taking into account the necessity of putting an end to the uncertainty and to a state of trouble which, if it continues, will menace all the interests in the country, the Government asks you to declare by a bill that the island of Madagascar and the dependent islets are henceforth a French colony. In the present state of things this solution has seemed to us the clearest, simplest, and most logical-the only one fitted to dispel the obscurities still enveloping the future of Madagascar. This enactment, moreover, implies to our minds no change in the method to be applied in the Government and internal administration of the island. Forewarned against the inconveniences and dangers of every sort which would result from a too direct intervention in the affairs of the country, and from an excess of officialdom the Government intends in no wise to deal a blow at the individual status of the inhabitants of the island, the laws, customs, or local institutions. Two cases in point will permit you, moreover, both to determine and to define in this connection the significance of the decision solicited from you. According to the common-law system in colonial matters French laws will henceforth be extended to the island of Madagascar, but whether modified or not they will be applied only by degrees as they are made the object of special promulgation. It is likewise in conformity with the precedents applied by a certain number of colonial powers and by France herself that in internal administration the authority of the native rulers should be utilized. Queen Ranavalo will, therefore, preserve along with her title the advantages and honors which they confer upon her, but they are maintained in the conditions of the unilateral document signed by her under the sovereignty of France. So also with the native chiefs, with whose cooperation we feel that we ought to administer the populations not placed under Hova domination. Such is in its main lines the system which we beg you to adopt, to put an end promptly to the uncertainties which have lasted too long as to the nature and principle of our establishment in the great African island. As soon as the questions of diplomatic order have been settled in virtue of the law which we solicit from you, we shall ask you promptly to settle the economic system of Madagascar, and we shall be ready to make known to you, if need be, in a special debate the view of the Government as to the general organization of our new colony in the Indian Ocean. The Government consequently submits with confidence for your approval the following bill: "The island of Madagascar with the dependent islands is declared a French colony." No. 512.] Mr. Eustis to Mr. Olney. EMBASSY OF THE UNITED STATES, Paris, June 6, 1896. (Received June 19.) SIR: Referring to my dispatch, No. 511, of the 4th instant, concerning Madagascar, I send herewith copy of the statement which Mr. Hanotaux, according to the morning papers, made yesterday to the committee of the chamber charged with the bill for the annexation of the island. I have, etc., J. B. EUSTIS. [Inclosure in No. 512.-From New York Herald (Paris edition), June 6.] Mr. Hanotaux explains to the parliamentary committee the necessity of his bill. TREATIES TO BECOME NULL. Mr. Hanotaux, minister of foreign affairs, made an important statement yesterday to the parliamentary committee charged to examine the bill annexing Madagascar, or to employ the term preferred by Mr. Hanotaux, declaring Madagascar a French colony. Mr. Hanotaux said that personally he had been in favor of establishing a protectorate over the island, and when minister of foreign affairs previously had had a treaty signed with the Queen of Madagascar on that basis. But the Bourgeois ministry had held different views and had had a unilateral treaty signed by the Queen of Madagascar, annulling the protectorate clause in the first treaty, and following which the French Government notified the powers that they had taken possession of Madagascar. The situation thus created, continued Mr. Hanotaux, was not clear or precise. The régime resulting from the "taking of possession" was not defined. Two powersGreat Britain and the United States-had treaties with Madagascar, and Germany and Italy had the tariff of the most favored nation. In acknowledging the receipt of the document notifying the taking possession of Madagascar by France, and in replying to more explicit notes in which the French Government notified that it intended to reserve a traitement de faveur for French products on their entrance into the island, the British Government replied that it was not acquainted with the régime de la prise de possession, and that in its opinion, the annexation of the island not having been pronounced, the effects of the treaties passed by England with the Malagasy Government still subsisted. The Government of the United States, in a dispatch of a very precise nature, insisted on the necessity of a categorical declaration in regard to the act of annexation. It was with a view of putting an end to this unsettled situation that the Government had brought forward the bill under examination. The attitude of the Government had already occasioned an entirely favorable reply from the United States, which had recognized that when Madagascar becomes a French colony treaties passed previously with the Malagasy Government become as a consequence null and void. Mr. André Lebon, minister of colonies, in the course of explanations regarding the interior administration of the island as a colony, said that the Government intended to exempt all French products from duty on their entrance into Madagascar on the day after the promulgation of the law. The bill declaring Madagascar a French colony was then unanimously adopted by the committee and Mr. Lo Myre de Villers was appointed reporter. Mr. Patenótre to Mr. Olney. [Translation.] EMBASSY OF THE FRENCH REPUBLIC IN THE UNITED STATES, Mr. SECRETARY OF STATE: By order of my Government, I have the honor to acquaint your excellency that the law intended to sanction the annexation of Madagascar, which had been determined by our Chamber of Deputies, has been ratified by the Senate. It is worded thus: The island of Madagascar, with its dependent islands, is declared a French colony. This law, which in clearly defining the new situation of Madagascar, answering to the desiderata stated in your dispatch of the 2d of May last, implies the abrogation of the particular conventions formerly signed by the Hova Government, for which is substituted the system of conventions in use in the French colonies. It has, consequently, the effect of extending to the great African island the whole of the conventions concluded between France and the United States, which are henceforward to replace the Madagascar treaty of May 13, 1881. Requesting you to acknowledge the receipt of these declarations, I avail myself, etc., PATENÔTRE. Mr. Rockhill to Mr. Patenôtre. No. 69.] DEPARTMENT OF STATE, EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 22d instant, stating that Madagascar has been declared a French colony by a law which implies the abrogation of the treaties signed by the Hova Government, and substitutes for those the conventions existing between the United States and France. Accept, etc., W. W. ROCKHILL, Mr. Patenôtre to Mr. Olney. [Translation.] EMBASSY OF THE FRENCH REPUBLIC Mr. SECRETARY OF STATE: The minister of foreign affairs of the French Republic informs me that instructions have been sent by our department of the colonies to the resident-general of France at Madagascar with a view to organize the extension of the jurisdiction of our courts over foreign citizens established in the African island. In regard to the United States you were kind enough to acquaint me under date of May 2 that your agent at Tamatave has been requested by telegraph "to suspend until further order the exercise of consular judicial functions in all cases where a French court regularly established may be made use of for the trial of suits affecting American citizens or interests." I suppose that these instructions are sufficient to insure henceforth the regular transmission of the judicial powers of your consulate to the French courts. In the contrary case my Government would be much obliged to you to be kind enough to urgently confirm them by new instructions so as to avoid all ulterior misunderstanding. I thank you in advance, and beg you to accept, etc., PATENOTRE. No. 552.] Mr. Vignaud to Mr. Olney. EMBASSY OF THE UNITED STATES, Paris, August 10, 1896. (Received Aug. 24.) SIR: The law declaring Madagascar and its depending islands a French colony was promulgated on the 6th instant and published in the Journal Officiel on the 8th. The text of the law is followed by an official note stating substantially (1) that from and after the promul gation of the law at Madagascar French products imported direct from France or from one of her colonies will pay no duty; (2) that until the adoption of definitive custom house regulations foreign goods will pay a duty of 10 per cent ad valorem. According to this curious note, it seems that notwithstanding Mr. Hanotaux's declarations the old treaties are to remain in force, temporarily at least. I inclose herewith a translation of the note and of the law to which it refers. On July 27 the Journal Officiel published a decree establishing regulations concerning the seeking for and working of mines producing gold and other precious metals and stones in Madagascar. These regulations are long and rather complicated, but no discrimination appears to be made between foreign and French prospectors and miners. I understand that the minister of colonies has under consideration the question of the validity of former concessions to foreigners, particularly to Americans and Englishmen. The papers remark that all the old genuine concessions will be confirmed. HENRY VIGNAUD. I have, etc., [Inclosure 1 in No. 552.] Madagascar custom-house regulations. In consequence of the law of annexation, the ministry of commerce brings to the knowledge of all merchants doing business with Madagascar the following arrangements, which are brought to the notice of the local authorities by the mail of August 10, and which become effective as soon as said bill shall have been promulgated in said island: First. French products imported into the island and coming direct from France or a French colony will enter free of duty, ceasing to be subject to the 10 per cent ad valorem duty formerly imposed. Second. The entry, free of duty, of French goods at Madagascar is subordinated to the presentation to the Madagascar custom-house officials by French tradesmen of (passavaits) permits delivered by the home custom-house at the port of departure, which permits are intended to guarantee the French origin of the products or show that (they) are considered as same by having paid all customs dues. Third. Goods shipped from France for temporary admission will enter free of duty until the customs régime is definitely established. Fourth. Pending this definite arrangement, all foreign products will be subject to the sole present import duty of 10 per cent ad valorem. [Inclosure 2 in No. 552.] Law declaring Madagascar and depending islands a French colony. The Senate and the Chamber of Deputies have adopted, and the President of the Republic promulgates, the following law: Sole article: The island of Madagascar, with its depending islands, is declared to be a French colony. The present law, debated and adopted by the Senate and the Chamber of Deputies, shall be executed as a state law. No. 71.] Mr. Rockhill to Mr. Patenôtre. DEPARTMENT OF STATE, Washington, August 12, 1896. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 8th instant, informing the Department of the action your Government has taken with regard to the establishment of French courts at Madagascar, and inquiring, with reference to the Department's note to you of the 2d of May last, whether this Government considers it necessary to give further instructions to the United States consulate at Tamatave on the subject of the jurisdiction of the French courts at Madagascar. In reply I beg to inform you that the instructions already given to the United States consulate at Tamatave on the subject in question are deemed sufficient by the Department. Accept, etc., W. W.ROCKHILL, |