The company, by article 14 of the aforesaid contract, has contracted the solemn obligation to construct at its own expense within the term of three years, reckoned from the commencement of the work upon the interoceanic canal, a navigable canal between Lake Managua and the navigable part of the Tipitapa River, near Pasquier, of sufficient dimensions to admit of the free passage of vessels drawing 6 feet, and of 150 feet in length. That term expired a long time ago, but the company, notwithstanding the most earnest solicitation, has made no pretense of meeting that obligation, or of definitively adjusting the compensation which it ought to pay in order to be discharged therefrom. The bills establish nothing on this other point, and Nicaragua's rights in this matter might thus be annulled in consequence of their silence. By the plan involved in the new form which the bills devise for the enterprise the present company is extinguished and nothing remains of it in its relations with the enterprise save the shadow of a personality represented by a vote in a board of directors of 11 members; while in its relations with Nicaragua it may always claim full personality as the holder of the concession, although having none of the means necessary to enable it to meet its obligations. Finally, it is to be observed that, while the bills contravene and set at naught stipulations of the contract, they do not state whether the remaining ones still remain in force or not, although among these latter there are very many which are of no great importance to Nicaragua in particular and to Central America in general. The undersigned is convinced of the good faith of the gentlemen who have introduced these bills in both Houses, and of those who advocate their passage. He takes, moreover, pleasure in stating that he recog nizes these efforts as the result of the legitimate interest which they feel in behalf of the construction of an interoceanic canal, in which the confederation that he represents is quite as deeply interested. And in calling attention to the serious objections enumerated, which would render these efforts nugatory, the only object that he has in view is to protect just rights, which he thinks are menaced by the bills aforesaid. It seems evident that the company is unable to raise money to fulfill its contract unless the United States of America furnish it therewith, and since that contract excludes the possibility of attaining that result, the undersigned, having been duly authorized to do so, proposes to his excellency the Secretary of State that the two Governments-relying upon the favorable disposition of the Government of the United States of America-shall come to a direct understanding on the subject, on the basis of the Zavala-Frelinghuysen treaty, with such modifications as may be agreed upon, and endeavoring to reach a just arrangement with the Maritime Canal Company of Nicaragua, so that it may renounce a concession whose conditions it is unable to fulfill. The undersigned, in thus obeying the instructions of his Government, avails himself, etc., J. D. RODRIGUEZ. No. 128.] GUATEMALA. PROTECTION TO CHINESE SUBJECTS. Mr. Gresham to Mr. Young. DEPARTMENT OF STATE, SIR: Referring to your No. 114, of the 26th ultimo, I have to inclose a copy of a note from the Chinese minister of the 16th instant, concerning the petition addressed to him by Chinese subjects residing in Guatemala. He asks, in consequence of the absence of any treaty relations with that Republic permitting Chinese to appoint consular representatives therein, that you may be allowed to exercise your good offices in behalf of the Chinese subjects living in Guatemala. This is not an unusual request, and the good offices of the diplomatic and consular representatives of the United States have been employed for the protection of Chinese elsewhere, as well as other foreigners. The interests of our own people in parts of Turkey, where no United States consular officer resided, have been looked after by British consular officers. In the present instance your efforts are to be confined to the friendly intervention in case of need for the protection of the Chinese in their person and property from unjust and harsh treatment. You are not to hold any representative character or function as respects the Chinese Government, and are to act informally. Before taking any steps in the matter, however, you should represent to the Guatemalan Government the wish of the Chinese minister, and the willingness of your Government to accede thereto, as herein indicated, provided the assent of the Guatemalan authorities is entirely favorable. The decision of that Government upon the subject should be reported to the Department. I have, etc., W. Q. GRESHAM. Mr. Olney to Mr. Young. No. 258.1 DEPARTMENT OF STATE, Washington, January 10, 1896. SIR: The Department's No. 128, of August 18, 1894, made known to you the wish of the Chinese minister at this capital that the good offices of your legation be exercised in behalf of Chinese subjects in Guatemala in case of need. 1A similar request was made in behalf of Chinese subjects residing in Nicaragua, Salvador, and Costa Rica. Costa Rica refused to accede, on the ground that Chinese emigration is prohibited by law. Your legation's No. 186, of June 14, 1895, reported that the Guatemalan minister for foreign affairs considered it due to his Government as a matter of form and courtesy that the request should be made by the Chinese Government or its representative in Washington. I now inclose a sealed original communication, addressed to the minister for foreign affairs of Guatemala, which is said to contain the request of the Chinese Government in this regard and which has been forwarded to this Department with a note from the Chinese minister, copy of which I also inclose. You are instructed to hand the sealed note to the minister for foreign affairs, with a statement of the circumstances under which it reaches you and an intimation of your willingness to receive the Guatemalan reply and transmit it hither for delivery to the Chinese minister. Should the Guatemalan Government indicate its acquiescence in your friendly protection of Chinese in Guatemala, you may proceed in accordance with instructions heretofore given you. I am, etc., RICHARD OLNEY. No. 280.] Mr. Young to Mr. Olney. LEGATION OF THE UNITED STATES, GUATEMALA AND HONDURAS, Guatemala, May 1, 1896. (Received May 14.) SIR: I have the honor to acknowledge the receipt of your No. 258 relating to the matter of the protection of the Chinese residents in this Republic by the diplomatic representative of the United States in Guatemala, and to inclose a note from the minister of foreign relations of Guatemala to the minister of China in Washington, which is said to contain the sanction of the Government of Guatemala to the request of the Chinese Government that the United States diplomatic representative in Guatemala may use his good offices in behalf of Chinese subjects in that Republic in case of need. I have the honor to inform you that I have been exercising my good offices in behalf of Chinese residents of this Republic since the first communication I received from the Department more than a year ago, and they have always been recognized in a gracious and proper manner by the Government of Guatemala. I am, etc., P. M. B. Young. [Inclosure in No. 280.-Translation.] NATIONAL PALACE, Guatemala, April 22, 1896. Mr. MINISTER: I have the honor to inclose herewith to your excellency, under cover, the note in which this minister answered the one received through the honored medium of your excellency from the honorable envoy extraordinary and minister plenipotentiary of the Chinese Empire in Washington, in regard to the legation in the worthy charge of your excellency, assuring the protection of the interests of the subjects settled in this Republic. In said note I informed the diplomatic representative of China at once that such is the desire of his Government, and that the United States has given it its acquiescence according to the statement of the Honorable P. M. B. Young, envoy extraordinary and minister plenipotentiary of the United States of America. Your excellency, the Government of Guatemala, does not deem it improper, but on the contrary a cause for satisfaction that your honorable legation takes charge of the protection of the Chinese that are residing in Guatemala. Begging your excellency to be pleased to transmit the inclosed answer to its address, for which I give you due thanks beforehand, I assure you once more of my distinguished consideration and deference. JORGE MUÑOZ. No. 310.] Mr. Pringle to Mr. Olney. LEGATION OF THE UNITED STATES, GUATEMALA AND HONDURAS, Guatemala, July 21, 1896. (Received Aug. 6.) SIR: I have the honor to request instructions upon the following points: There are a number of Chinese residents of this Republic who are under the protection of this legation. Will you therefore furnish me with a certificate to be issued to them in Spanish, stating these facts, as under the law of this Republic, published two years ago, all foreigners are required to be registered as such, and produce the evidence of their being foreigners in the shape or form of a passport or certificate from the diplomatic or consular representative of the country to which they belong. I have, etc., D. LYNCH PRINGLE, Chargé d'Affaires ad interim. Mr. Rockhill to Mr. Pringle. No. 318.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch, No. 310, of the 21st ultimo, in which you request to be furnished with a certificate to be issued in Spanish to Chinese persons resident in Guatemala, stating that they are under the protection of your legation. The terms upon which this protection is granted, at the request of the Chinese Government and with the acquiescence of that of Guatemala, are stated in the correspondence heretofore had with your legation since the Department's instruction, No. 128, of August 18, 1894, and the Guatemalan Government has been informed of the scope of such protection, good offices being extended in behalf of such Chinese persons by the United States diplomatic and consular officers, without assumption of any representative function by them as agents of China. It of course follows that our officers so acting can not originally certify to the fact of Chinese citizenship, for a passport or other documentary attestation to that end could only be issued by a responsible agent of the Chinese Government. This being so, it is preferable that the form of certificate to be used, as indicated by you, should be prepared in consultation with the minister for foreign affairs, in order that it may correctly express the character of the protection afforded and the degree to which it is recognized by Guatemala. Something like this would probably suffice: I, of the United States of America, certify: Thatclaims to be a subject of His Majesty the Emperor of China, resident in Guatemala, and that upon proving his status as such Chinese subject, he is under the protection of the Government of the United States and entitled to the good offices of the diplomatic and consular officers thereof in case of need, in pursuance of an understanding between the Governments of Guatemala and China to that end. You may submit this to the minister for foreign affairs, adverting to his excellency's note to General Young, of April 22, 1896, closing the understanding referred to. I am, etc., W. W. ROCKHILL, Acting Secretary. No. 24.] BANISHMENT OF J. H. HOLLANDER REMOVED. Mr. Coxe to Mr. Olney. LEGATION OF THE UNITED STATES, GUATEMALA AND HONDURAS, Guatemala, November 12, 1896. (Received Nov. 27.) SIR: As soon as seemed feasible after my arrival, to wit, on October 31, 1896, I formally took up with the minister for foreign affairs the matter of the claim of J. H. Hollander. I have had several interviews with him, with the net result that he has frequently expressed a great desire to settle the matter satisfactorily; has assured me that he would at once reply to Department's instruction to General Young, No. 263, of January 30, 1896; that he would forthwith cause the depositions of the witnesses mentioned by Hollander to be taken, and that the banishment of Mr. Hollander is removed, and that he is at liberty to return to Guatemalan territory. It is my desire to confer on this case with the Secretary on the occasion of my approaching visit to Washington. I have, etc., MACGRANE COXE. 1 Printed in Foreign Relations, 1895, Part II, p. 775. |