and on those of the contract concluded September 28, 1898, with a private company, relative to a loan for the construction of the aforesaid lines, and, moreover, in observance of the obligations assumed by the company, especially: Not to take possession of the Shan-hai-kwan-Yin-kow-Simminting line or to dispose of it in any manner whatever. 3. That if a continuation of the railway lines in the south of Manchuria, or the construction of branch lines connecting with them, and the construction of a bridge at Yin Kow or at the transfer of the terminus of the Shan-hai-kwan Railroad, which is situated there, shall hereafter be undertaken, it shall be done after a previous understanding between the Government of Russia and that of China. Seeing that the outlays made by Russia for the reestablishment and exploitation of the surrendered railway lines of Shan-hai-kwan-Yin-kow-Simminting have not been included in the sum total of the indemnity, they shall be refunded to it by the Chinese Government. The two Governments shall agree together upon the amount of the sums to be refunded. The stipulations of all previous treaties between Russia and China which are not modified by the present convention shall remain in full force. The present convention shall have legal effect from the day of the signing of the copies thereof by the plenipotentiaries of the two Empires. The exchange of the ratifications shall take place at St. Petersburg within the space of three months from the date of the signing of the convention. In faith whereof the respective plenipotentiaries of the two high contracting parties have signed and sealed with their seals two copies of the present convention, in the Russian, Chinese, and French languages. Of the three texts, duly compared and found to agree, the French text shall be the one that shall be authoritative as regards the interpretation of the present convention. Done in duplicate at Pekin the corresponding to the COMMENCEMENT OF EVACUATION OF MANCHURIA BY RUSSIA. Mr. Conger to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, Peking, September 26, 1902. (Mr. Conger reports that the Russians have commenced evacuating Manchuria; that they have already returned the railway to Chinese authorities, and that the Russian minister to China gives the assurance that the territory up to the Liao River will be completely evacuated, according to agreement, by October 8.) Mr. Conger to Mr. Hay. No. 1100.] LEGATION OF THE UNITED STATES, SIR: I have the honor to inclose copy of a dispatch from Vice-Consul Bandinel, in charge at Niuchwang, suggesting the desirability of a foreign non-Russian gunboat at that port during the coming winter. The Russians have, as reported in my telegram of the 26th instant, which is confirmed herewith, already returned to the Chinese the railway from Shanhaikwan to Niuchwang, i. e., as far as its terminus, which is on the opposite side of the river from Niuchwang, and by the 8th of October it is expected that the evacuation of all the territory up to the Liao River will be completed. According to the Manchurian agreement, Niuchwang, must be evacuated during the next six months. Should this occur during the winter, it is possible that there might be trouble from brigands, but the Chinese will probably be more particular about keeping order on the start than they may be later on, and as long as the Russians are there they will be able to give requisite protection. It therefore may be desirable, if convenient, to station a gunboat at Niuchwang for the winter, but I doubt its absolute necessity. I have, etc., [Inclosure.] E. H. CONGER. Mr. Bandinel to Mr. Conger. CONSULATE OF THE UNITED STATES, SIR: I have the honor to report as follows: The governor-general arrived last night from Moukden, and left early this morning for Shanhaikwan, where it is supposed the Russians will hand over to him the Niuchwang-Shanhaikwan Railway. Meantime they are busily engaged in transporting troops and stores from the north (west) bank of the river to their railway settlement on the east bank. General Chiao, formerly commandant of this port, is waiting with about 150 Chinese soldiers about 10 miles from this, ready to come in when the Russians evacuate this port. In Tung-wha Hsien and another eastern district which they have handed over to the Chinese magistrates the latter have been successful in restoring and maintaining order, which augurs well for the future tranquillity of the districts yet to be evacuated by the Russian authorities. But I am nevertheless of the opinion that it is desirable that at least one nonRussian gunboat should winter here this year. I have, etc., J. J. FREDK. BANDINEL, United States Vice-Consul, in Charge. Mr. Conger to Mr. Hay. No. 1135.] LEGATION OF THE UNITED STATES, Peking, October 30, 1902. SIR: I have the honor to inclose herewith a note from the foreign office communicating information of the withdrawal of the Russian forces from that portion of the province of Shengking lying southwest of the Liao River and the return to China of all the railways therein, in accordance with the terms of the convention between the Russian and Chinese Governments regarding the evacuation of Manchuria. I have, etc., [Inclosure.] E. H. CONGER. F. O., No. 427.] Prince Ch'ing to Mr. Conger. Prince of Ch'ing, president of the Board of foreign affairs, etc., sends this dispatch: It appears from the records that the convention agreed upon between China and Russia for the transfer of the "three eastern provinces" provides that in six months after the signing of the convention all Russian Government troops which were in occupation of the southwestern section of the province of Shengking as far as the Liao River should be withdrawn, and in connection therewith that all the railways of the same district should be returned. By reckoning it appeared that this first period for transfer would expire on the 8th of the ninth moon of the present year, or, according to the Russian calendar, the 26th of the ninth month, 1902. Our board then agreed with the Russian minister in Peking that we should memorialize, requesting the appointment of officials to take delivery. Now we have received telegraphic reports from the superintendent of trade for the north and the military governor of Shengking, respectively, saying that all the railways beyond the wall have already been returned and acknowledging that all Russian military forces have withdrawn from the section of the province lying southwest of the Liao River. In this matter we are greatly indebted to your honorable country for the deep interest it has taken in preserving the entente cordiale. Now, China and Russia having both dealt with the matter of this first transfer in accordance with the treaty, I, as in duty bound, send this dispatch to your excellency for your information and hope that you will transmit the information to your honorable Government. A necessary dispatch. Kuanghsu twenty-eighth year, ninth moon, 27th day (October 28, 1902). Mr. Hay to Mr. Conger. No. 583.] DEPARTMENT OF STATE, Washington, November 13, 1902. SIR: I have to acknowledge the receipt of your dispatch No. 1100, of the 1st ultimo, inclosing a copy of a dispatch from the United States vice-consul at Niuchwang, in which he suggests that at least one non-Russian gunboat should winter at Niuchwang this year. In reply I have to inform you that copies of your dispatch and its inclosure have been sent to the Secretary of the Navy for his information, with the statement that no urgent need of stationing a gunboat at Niuchwang during the winter is perceived by the Department, but that it might be desirable to have a vessel visit the port on the opening of navigation next spring, if evacuation should take place by April 1, as you indicate. I am, sir, etc., JOHN HAY. COLOMBIA. SEIZURE OF VESSELS OF AND ALLEGED DISCRIMINATIONS AGAINST AMERICAN ENTERPRISES IN COLOMBIA. Mr. Hay to Mr. Hart. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, January 22, 1902. (Mr. Hay states that it has been represented to the United States Government that the Colombian Government has seized the vessels of the Compañia Fluvial de Cartagena and also that it has discriminated against the company in the matter of navigation regulations, sailing permits, and government competition. Mr. Hart is instructed to bring the matter to the attention of the Colombian Government and say that an immediate restitution of the property, with full indemnity for damages caused by illegal acts of Colombian authorities toward said company, is requested by the Government of the United States. That it has also been represented that the Colombian Government fails to afford reasonable protection to the Cartagena-Magdalena Railroad Company and its warehouses, and that the Government interferes with employees of the company and impresses them into the service of the Government, and that it discriminates against the company in respect to its traffic. That it has also been represented by the Cartagena Terminal and Improvement Company that the Colombian Government discriminates in the administration of law against it by requiring payment of port and light-house dues in gold at Cartagena and not at other ports. Mr. Hart is directed to immediately bring these matters to the attention of the Colombian Government and to request just treatment of the American companies mentioned above.) Mr. Hart to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, (Mr. Hart acknowledges the receipt of the Department's telegram of January 22, and requests instructions as to amount of indemnity to be demanded of the Colombian Government. *) Mr. Hay to Mr. Hart. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, February 8, 1902. (Mr. Hay directs Mr. Hart, if the facts are as represented in Department's telegram of January 22 last, to make firm demand, as instructed, without specifying amount of indemnity, which depends upon further investigation.) Mr. Hart to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, (Mr. Hart acknowledges the receipt of Department's telegram of February 8, and reports that, after receipt of Department's telegram of January 22 last, he at once addressed a note to the Colombian minister for foreign affairs, following literally those instructions, which note, up to the present time, is without acknowledgment, probably on account of a change in the ministry for foreign affairs; another change will be made within a few days, and Mr. Hart will then press the case from his knowledge of the circumstances; it is his belief that the facts are as represented; but the companies' agent in Colombia is more conversant with the facts, and difficulty of communication with Cartagena renders impossible any further early investigation from Bogotá. Mr. Hart states that he has always understood that the company would not accept the return of the vessels until the amount of indemnity had been fixed, and inquires if he is instructed to at once proceed with the demand.) Mr. Hay to Mr. Hart. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, February 20, 1902. (Mr. Hay directs Mr. Hart to demand of the Colombian Government immediate restitution of the vessels of the Fluvial Company of Cartagena, and full indemnity for damages occasioned by their seizure and use; and also to demand full indemnity for use of and damages done to the Cartagena-Magdalena Railway Company.) Mr. Beaupré to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, Bogotá, May 15, 1902. (Mr. Beaupré reports that he has received from the Colombian minister for foreign affairs a reply concerning the subject-matter of Department's telegram of January 22, 1902, which reply is as follows: First. The Colombian Government vindicates the right of com |