delay. The form of Count Okuma's proposal is based upon the arrangement entitled a "declaration" agreed to by the United States and Italy June 1, 1882, and proclaimed March 19, 1884. In consequence of this understanding with Count Okuma, I sent you my telegram of the 11th instant, reading inclosed, with my No. 431 of this date. Americans here are extremely desirous that they may have protection for their patents, trade-marks, and designs at the earliest time possible, and I am in frequent receipt of urgent appeals to that effect. It seems to me that it is very desirable that they should have such protection at practically the same time that it is granted to citizens of other countries. I was greatly influenced by their wishes in making the suggestion to Count Okuma that the necessary agreement between the two Governments be concluded at Washington, believing that much valuable time might in that way be saved. I have no doubt whatever that Count Okuma is most anxious that Americans should not be placed at a disadvantage in this matter. It is to be regretted that his purpose was not more definitely fixed when his note of November 12 last was written. His subsequent request in regard to the surrender of jurisdiction does not seem to be well advised. It has resulted in nothing but loss of time. I trust that my action in this matter will meet with your approval. I have, etc., EDWIN DUN. No. 438.] Mr. Dun to Mr. Olney. LEGATION OF THE UNITED STATES, Tokyo, Japan, December 21, 1896. (Received Jan. 13, 1897.) SIR: I have the honor to inclose herewith copy of a note dated the 11th instant addressed by me to His Imperial Japanese Majesty's minister of foreign affairs, and of Count Okuma's reply thereto, dated the 14th instant, in regard to bringing into immediate operation Article XVI of the new treaty between the United States and Japan. This correspondence was the result of a mutual understanding on the part of Count Okuma and myself to complete the records of the foreign office and of this legation in regard to negotiations that had been transferred to Washington. I beg to call your attention to the last paragraph of Count Okuma's note, in which he reserves for future discussion the question of jurisdiction and enforcement of the laws of Japan regarding industrial property. I have, etc., EDWIN DUN. [Inclosure 1 in No. 438.] Mr. Dun to Count Okuma. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your excellency's note No. 9, of date the 12th ultimo, informing me that the ratification of the treaty of commerce and navigation recently concluded between Japan and Germany would be exchanged at Berlin on November 18 last, and that the article of that treaty reciprocally guaranteeing national treatment in the matter of protection of industrial property, would come into operation at the time such exchange was effected. In order to avoid even the appearance of discrimination against the citizens of the United States, your excellency informs me that the Imperial Government are prepared to consult the wishes of the Government of the United States with reference to bringing into operation Article XVI of the new treaty between the United States and Japan, and, finally, your excellency makes certain proposals in regard to the manner of effecting that object. I at once telegraphed the substance of your excellency's note to my Government, and I am now in receipt of instructions from the honorable Secretary of State, informing me of the willingness of my Government to conclude an arrangement for the reciprocal protection of industrial property on the basis proposed by your excellency in the last part of the note under reply. Referring to the request made by your excellency subsequent to the receipt of your note by me, that the United States should surrender jurisdiction over American citizens to the courts of Japan in all matters pertaining to the enforcement of Japan's laws for the protection of industrial property, I am persuaded, in view of the time that has elapsed since that request was submitted to the honorable Secretary of State, that my Government would experience much difficulty in complying with that request at this time. I hope, however, in view of the expressed readiness of the United States to extend reciprocity to Japanese subjects, that your excellency will find it possible to enter into some arrangement under which citizens of the United States will not be placed at a disadvantage in this respect with the citizens or subjects of any other treaty power. I avail, etc., [Inclosure 2 in No. 438-Translation.] EDWIN DUN. Count Okuma to Mr. Dun. THE GWAIMUSHO, TOKYO, December 14, 1896. SIR: I have the honor to acknowledge the receipt of your excellency's note of the 11th instant in reply to mine of the 12th ultimo in reference to the immediate operation of Article XVI of the new treaty between our respective countries. In view of the circumstances and considerations which your excellency presents, and wishing, moreover, to give renewed evidence of their spirit of conciliation, the Imperial Government, in order to expedite the adjustment of the question and thus to effectually prevent the discrimination which your excellency is anxious to guard against, have, by wire, authorized His Imperial Majesty's representative at Washington to conclude an arrangement having for its object the immediate reciprocal enjoyment of national treatment in all that concerns the protection of patents, trade-marks, and designs.' In making this announcement to your excellency I beg to reserve for future discussion the question of jurisdiction and enforcement of the laws of Japan regarding industrial property. I avail myself of this occasion, etc., COUNT OKUMA SHIGENOBU, A treaty between the United States and Japan for the reciprocal protection of patents, trade-marks, and designs was signed on January 13, 1897, by Mr. Olney and Mr. Toru Hoshi. It has received the approval of the Senate and been ratified by the President. The exchange of ratifications, which has not yet been effected, is to take place at Tokyo. MEXICO. AGREEMENT FOR THE RECIPROCAL RIGHT TO PURSUE SAVAGE INDIANS ACROSS THE BOUNDARY LINE. Agreement entered into in behalf of their respective Governments by Richard Olney, Secretary of State of the United States of America, and Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of the United Mexican States, providing for the reciprocal crossing of the international boundary line by the troops of their respective governments, in pursuit of Kid's band of hostile Indians, on the conditions hereinafter stated. ARTICLE I. It is agreed that the regular federal troops of the two Republics may reciprocally cross the boundary line of the two countries when they are in close pursuit of Kid's band of hostile Indians on the conditions stated in the following articles. ARTICLE II. It is understood for the purpose of this agreement, that no Indian scout of the Government of the United States of America shall be allowed to cross the boundary line, unless he goes as a guide and trailer, unarmed and with the proviso that, in no case, more than two scouts shall attend each Company or detachment. ARTICLE III. The reciprocal crossing agreed upon in Article I shall only take place in the uninhabited or desert parts of said boundary line. For the purposes of this agreement the uninhabited or desert parts are defined to be all points that are at least ten kilometers distant from any encamp. ment or town of either country. ARTICLE IV. No crossing of troops of either country shall take place from Capitán Leal, a town on the Mexican side of the Rio Grande, eighty-four kilometers (52 English miles) above Piedras Negras, to the mouth of the Rio Grande. ARTICLE V. The Commander of troops crossing the frontier in pursuit of Indians, shall, at the time of crossing, or before if possible, give notice of his march to the nearest military commander, or civil authority, of the country whose territory he is about to enter. ARTICLE VI. The pursuing force shall retire to its own territory as soon as it shall have chastised Kid's band of hostile Indians, or have lost its trail; but if, during the pursuit of that band, it shall meet with other hostile Indians, it may chastise them as if those first named were concerned. In no case shall the forces of the two countries, respectively, establish themselves or remain in the foreign territory for any time longer than is necessary to enable them to pursue the band whose trail they are following. The temporary loss of the trail, owing to rain or any other accident, shall not be deemed sufficient cause for abandoning the pursuit or for withdrawing the pursuing force, when there is a reasonable prospect of soon finding the trail again by means of a continued movement. ARTICLE VII. Any abuses that may be committed by the forces crossing into the territory of the other nation, shall be punished by the Government to which such forces belong, according to the gravity of the offence and in conformity with its laws, as if the abuses had been committed in its own territory, the said government being further under obligation to withdraw the guilty parties from the frontier. ARTICLE VIII. In the case of offences committed by the inhabitants of one country against the force of the other that may be within the limits of the former, the Government of said country shall only be responsible to the Government of the other for denial of justice in the punishment of the guilty parties. ARTICLE IX. This provisional agreement shall remain in force until Kid's band of hostile Indians shall be wholly exterminated or rendered obedient to one of the two Governments. ARTICLE X. The Senate of the United Mexican States having authorized the President to conclude this agreement, it shall take effect immediately. In testimony whereof we have signed this agreement this 4th day of June, 1896. RICHARD OLNEY. ARREST OF JESUS GARCIA WHILE HIS BODY WAS PARTLY ON Mr. Romero to Mr. Gresham. [Translation.] LEGATION OF MEXICO, Mr. SECRETARY; I have the honor to inform you that I have received instructions from my Government to lay before that of the United States of America a formal complaint on account of the violation of Mexican territory committed at Nogales, Mexico, during the afternoon of the 23d of July last, by John Roberts, deputy sheriff at Nogales, Ariz., in arresting Jesus Garcia, a Mexican citizen, who had had a fight with Celedonio Carrillo, likewise a Mexican citizen, within the limits of the latter of the above-named cities. You will find a detailed statement of all that took place in connection with this unfortunate incident in the inclosed copy of a note from Mr. Mariscal, secretary of foreign relations of the Mexican Government, dated City of Mexico, August 4, 1893, and in the six documents accompanying the same, a copy of which I also herewith transmit. It appears from these documents that Deputy Sheriff Roberts, accompanied by Alfonso Bachelier, a citizen of the United States, crossed over into Mexican territory for the purpose of arresting Garcia. Miguel Braka, also a citizen of the United States, told them in time, in a loud voice, and in the presence of several witnesses, that they were in Mexican territory, notwithstanding which Bachelier knocked Garcia down; Roberts beat him while he was prostrate and unable to defend himself, and both dragged him by the feet until they got him on the soil of Arizona, in doing which they were assisted by William Mehan, also a citizen of the United States. The day after these unfortunate occurrences-i. e., on the 24th of July last-after Garcia had been under arrest for several hours, Roberts asked and obtained from Eugene K. Sykes, justice of the peace at Nogales, Ariz., a warrant for the arrest of Garcia, who was tried and sentenced to pay a fine of $60, or to be imprisoned for sixty days, although several witnesses of both nationalities testified that the arrest had been made in the State of Sonora. These proceedings caused such indignation on both sides of the boundary line that Judge Sykes thought proper, on the day after he had pronounced the sentence, to order Garcia's release. The same deputy sheriff, on whose testimony Judge Sykes sentenced Garcia, did not state that he had arrested Garcia in the United States Territory, but said, as appears from the sentence pronounced by Judge Sykes (which I herewith transmit among the inclosures), that he had arrested Garcia on the boundary line dividing the United States from the Republic of Mexico. The President of the United States of Mexico has consequently given orders that this legation shall lay a formal complaint before the Department of State of the United States, not only on account of the offense done to Mexico by that United States officer in performing the functions of his office on Mexican soil, but also on account of the acts of violence and cruelty committed in the territory of both countries on the person of Jesus Garcia, and on account of the imprisonment to which Garcia was sentenced by Judge Sykes in defiance of all law and right. The President has further given orders that this legation be instructed to ask that Deputy Sheriff Roberts and his accomplices be punished as they deserve, and that a suitable indemnity be paid to the complainant. My Government instructs me, furthermore, to call the serious atten tion of your Department to the frequency with which violations of Mexican territory have recently been committed by United States officers, an instance of which is afforded by the entrance into Mexico of Texas rangers, who advanced as far as the town of Tres Jacales, in the State of Chihuahua, for the purpose of arresting Jesus Holguin. Right, equity, and good neighborly relations require that the authorities of each country respect the territory, laws, and authorities of the neighboring nation. Abuses in such cases might give rise to serious conflicts, as well as to bad feeling and excitement on the frontier |