signed in this city September 17, 1901, and promulgated by the President of Mexico on the 31st ultimo. I have, etc., [Inclosure.-Translation.] POWELL CLAYTON. Convention between Mexico and Austria-Hungary. Porfirio Diaz, President of the United Mexican States, to the people thereof: Know ye, that in this city, on the 17th day of September, 1901, there was concluded and signed, by the plenipotentiaries duly authorized for the purpose, a convention for the adjustment of the economic relations between the Republic of Mexico and the Austro-Hungarian Empire, in the form and tenor following: The undersigned, duly authorized for the purpose, have agreed that Mexican citizens in Austria and in Hungary, and reciprocally Austrian and Hungarian subjects in Mexico, shall enjoy the privileges of the most favored nation in importation, expor tation, transit, and generally in all things relating to commercial operations and navigation, as well as in trade and industries, and in the payment of the imposts relating thereto. The privilege on the basis of the most favored nation is equally guaranteed by both parties with regard to the admission of consular functionaries and to the prerogatives and immunities attaching to them, and also to their rights in the general exercise of their functions, particularly in the matter of successions. The present convention shall be valid for the period of six months, counted from the day upon which it may be signed. In the case that either of the parties shall not have notified before the expiration of this term the intention to cause its effects to cease, the said convention shall continue in force for a further term of six months, counted from the day upon which either of the parties may give notice. Done in Mexico in duplicate originals, each in both languages, on the 17th of September, 1901. IGNACIO MARISCAL. The foregoing convention was approved in the Senate of the United Mexican States on October 7 of the said year. It was also approved by the Parliaments of Austria and Hungary and sanctioned by his Majesty the Emperor and Apostolic King. Considering the character of this convention the exchange of ratifications has not been necessary. Wherefore, I order that it be printed, published, circulated, and duly observed. National Palace, Mexico, May 31, 1902. PORFIRIO DIAZ. JURISDICTION OF UNITED STATES CONSULS OVER DISPUTES AND DIFFERENCES BETWEEN MASTERS, OFFICERS, AND CREWS OF AMERICAN VESSELS IN MEXICAN PORTS. No. 736.] Mr. Hay to Mr. Clayton. DEPARTMENT OF STATE, Washington, July 14, 1902. SIR: I inclose herewith for your information a copy of correspondence between the Department and the Washington attorney for the Pacific Mail Steamship Company, in relation to the question of the right of the Mexican judicial authorities to assume jurisdiction over disputes between masters, officers, and crews of American merchant vessels in Mexican ports. You will bring to the attention of the Mexican Government the usual treatment accorded foreign vessels in this regard by the United States courts by way of comity, and invite that Government's action in the same sense, if possible under Mexican law, pending eventual disposition of the question by negotiation. You will intimate the willingness of this Government to negotiate with Mexico a supplemental treaty article to meet this point. I am, etc., [Inclosure] JOHN HAY. Mr. Chambers, attorney for Pacific Mail Steamship Company, to Mr. Hay. WASHINGTON, July 7, 1902. SIR: I have the honor to inclose herewith a letter dated San Francisco, 30th ultimo, that I have received from Mr. R. P. Schwerin, vice-president and general manager of the Pacific Mail Steamship Company, together with the inclosures therein referred to. Mr. Schwerin would like very much to have your opinion as to whether or not the Mexican authorities have the right to interfere in a case of this kind, and if they have, he desires to issue general instructions to prevent the recurrence of such proceedings, and says that in case of trouble on board ship he would direct the master to send ashore for the Mexican authorities to come on board the ship and put the offenders in irons, and take them on shore and lock them up. I should be very much obliged if you will consider this matter and give me your opinion, as requested by Mr. Schwerin. Very respectfully, D. A. CHAMBERS, Attorney Pacific Mail Steamship Company. [Subinclosure 1.1 Mr. Schwerin, vice-president and general manager Pacific Mail Steamship Company, to Mr. Chambers. SAN FRANCISCO, June 30, 1902. DEAR SIR: I inclose you herewith copy of a letter from Capt. Alfred Urry, commanding steamship San Juan, dated at sea, June 12, 1902, in relation to the action of the Mexican authorities in Acapulco last voyage up. He reports verbally to me that these men were Mexicans, shipped in San Francisco and signed articles as American sailors. They obtained liquor in Acapulco and became very unruly, so much so that the captain was compelled to order the first officer to have them put in irons. They, however, made their escape and went ashore. The American consul protested against the Mexican authorities interfering with American sailors, but his protest would not seem to have been of any value. I should like very much if you would obtain from the State Department, if possible, an opinion as to whether or not the Mexican authorities have the right to interfere in a case of this kind, for if so I should like to issue general instructions to prevent a recurrence of this kind, and if there is trouble on the ship to send ashore for the authorities to go on board the ship and put the offenders in irons and take them on shore and lock them up. Yours, truly, R. P. SCHWERIN, [Subinclosure 2.] Captain Urry to Mr. Schwerin. STEAMSHIP "SAN JUAN," At Sea, June 12, 1902. DEAR SIR: I arrived at Acapulco on June 11, at 7.25 a. m. On same date, at 1 p. m., three seamen, Francisco Rodriguez, Domingo Rosendo, and Carlos Valdez, were found in an intoxicated condition and refused to work when so ordered by First Officer J. L. Wilson. On the matter being reported to me, I ordered the men placed in irons, and in carrying out my orders the men resisted and two of them were struck by the first officer. FR 1902, PT 1 -52 Valdez and Rosendo jumped into lighter and went ashore, Rosendo beating the boatswain before leaving. Rosendo preferred charges of assault against Wilson before local authorities. First officer acknowledged the charge before the court, which was held on board ship, after which court decided not to dispatch ship until first officer was sent on shore to be held at disposition of Mexican authorities. Ship was not dispatched until the 12th, at 3.49 p. m., and then only by putting up a bond of $500 Mexican in lieu of first officer, Agent Maxwell furnishing bond. Very respectfully, [Subinclosure 3.] ALFRED URRY, Commander. Agent Maxwell to Mr. Schwerin. PACIFIC MAIL STEAMSHIP COMPANY AGENCY, DEAR SIR: The steamship San Juan, voyage 83 up, was ready to be dispatched from this port on the 11th instant at 6 p. m. At 5 p. m. of this date the necessary documents for obtaining dispatches for this steamer were presented at the customhouse and we were informed by the chief of the port that he had received an order from the Mexican court not to dispatch this steamer until an investigation had been made of certain charges brought by three seamen on board against First Officer J. L. Wilson, whom they had accused of assault. At 6.30 p. m. the judge, attorney, and doctor came on board to make the investigation, and brought out the following facts: The three seamen who brought the charge, Francisco Rodriguez, Domingo Rosendo, and Antonio Valdez, had been ordered in a boat alongside to paint ship. At about 2.30 p. m. the boatswain reported to the first officer that these men had been getting liquor from shore boats and that they were intoxicated and doing no work. First officer ordered the men on deck and gave them orders to proceed with the painting on a staging where they could not be reached by the shore boats. The men refused to obey this order and gave the first officer a great deal of insolent talk. These facts were reported to Captain Urry, who ordered first officer to put the men in irons. In complying with these orders the men offered resistance and showed fight, and the first officer struck two of them. One man was put in irons; the other two run for the coal launch, then alongside the ship, meeting the boatswain on the way and giving him a bad beating, and then proceeded on shore and filed the complaint against the first officer. These investigations were not completed until 11 p. m., after which the judge would not give any decision until he had gone on shore. At 12 p. m. the commandante came on board and notified the captain that the steamer would not be granted her dispatches unless the first officer and one of the seamen were detained on shore, to be held at the disposition of the Mexican court. Thinking it likely that we would be able to get the ship away by noon on the next day (June 12) and get into Manzanillo on the 13th in time to be dispatched from that port on same date, Captain Urry decided to refuse to allow the first officer to be taken on shore, and to hold the ship until the next day. As soon as telegraph office was open on the 12th the American consul sent a telegram to the judge of the district court in Chilpancingo stating that the American steamship San Juan was being detained at this port on an order from the court owing to charges of assault having been brought against first officer of the steamer. An examination of the injuries done these men by the court's doctor shows the injuries to be of a very trivial nature, and that as the first officer pleads guilty of the charge, that an immediate decision be rendered in the case, or that bond be accepted for the appearance of the first officer on the return of the steamer, and that this steamer be allowed to proceed on her voyage at once. At 10.30 a. m. a reply was received from the judge at Chilpancingo informing the consul that he had instructed court at this place to accept bond in the amount of $500 Mexican for the appearance of the first officer. We at once went to the court and gave the required bond, finishing with these proceedings at 12 noon, yet the court did not send the order to dispatch the steamer until 3.10 p. m., the steamer sailing at 3.30 p. m. When the judge of the court here first came on board the steamer he was informed that the first officer plead guilty to the charge brought against him, and was prepared to pay the fine, or to give bond for his appearance on the return of the steamer. The judge refused to impose penalty in the case or to accept bond. The great trouble in these affairs is that the judge of the court here can not render a decision in a criminal case (which they made out of this case), but has to refer the evidence to the judge of the district for his decision, yet the judge here has sufficient authority to detain the steamer. I shall ask the consul here to take this matter up with the judge of the court at Chilpancingo, in order that the affair may be terminated on the return of the San Juan to this port. It does not look like fair treatment that one of our steamers be detained on a trivial charge of this nature, without the court of the port having sufficient authority to try and render a decision in the case at once. A protest against the detention of the San Juan was filed with the United States consul and another protest with the chief of the port. I would be pleased to know just what jurisdiction the Mexican court has over our steamers when they are in Mexican waters, at the same time calling your attention to article 13 of the company's contract with the Mexican Government. Very respectfully, G. W. MAXWELL, Agent. Mr. Clayton to Mr. Hay. No. 1529.] EMBASSY OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of Department's instruction No. 736 of the 14th ultimo, and the inclosures therein mentioned, in relation to the question of the right of the Mexican judicial authorities to assume jurisdiction over disputes between masters, officers, and crews of merchant vessels in Mexican ports, and the propriety of the negotiation of a supplementary treaty article to meet this question. I have to-day addressed a note to the foreign office upon the subject, also an unofficial note, copies inclosed, which I trust properly presents the matter to the Mexican Government. I have, etc., POWELL CLAYTON. [Inclosure 1.] Mr. Clayton to Mr. Mariscal. EMBASSY OF THE UNITED STATES, MR. MINISTER: On the morning of June 11 last the steamship San Juan, of the Pacific Mail Steamship Company's line, arrived at the port of Acapulco; on the same day at 1 p. m. three seamen, Francisco Rodriguez, Domingo Rosendo, and Carlos Valdez, Mexicans, who, having signed articles as American sailors and shipped at San Francisco, were found in an intoxicated condition and refused to work when so ordered by the first officer, J. L. Wilson. On the matter being reported to the commander of the vessel he ordered the men placed in irons, and in the carrying out of his orders the men resisted, and two were struck by the first officer. Valdez and Rosendo jumped into a lighter and went on shore, Rosendo beating the boatswain before leaving. Rosendo preferring a charge of assault against Wilson before the local authorities, the first officer acknowledged the charge before the court, which was held on board ship, after which the court decided not to dispatch the ship until the first officer was sent on shore to be held at the disposition of the Mexican authorities. The ship was not dispatched until the 12th at 3.49 p. m., and then only by the furnishing of a bond of $500, Mexican, for the appearance of the first officer, J. L. Wilson. It appears that while the local judge has sufficient authority to detain steamers under these circumstances, he can not render a decision, but must refer the evidence to the judge of the district for his decision. While the Federal courts of my country take jurisdiction over foreign vessels in its ports in the absence of treaty stipulations to the contrary, they usually decline to exercise it in cases of dispute between masters and seamen of foreign vessels when the nation to which the vessel belongs has provided for the settlement of such disputes before its own consuls. If, under Mexican law, Mexican courts can and will observe the same comity pending the eventual disposition of the question by negotiations, it will be gratifying to my Government. In obedience to the request of your excellency, expressed during a late conversation between us concerning the expediency of the negotiation between our two countries of a supplementary treaty article to meet this question, that I furnish to your excellency a list of the governments with which the United States has entered into such treaty stipulations, I herewith transmit such a list, giving the dates of the treaties and the article and page of the book entitled Compilation of Treaties in Force, 1899, wherein said treaty provisions may be found, which book is herewith transmitted, under separate cover, for your excellency's inspection. After your excellency is through with the same I respectfully request that it may be returned to this embassy, as it is the only copy we have in our library. DEAR MR. MARISCAL: Referring to our late conversation concerning the expediency of the negotiation of a supplementary treaty article conferring upon consular officers the exclusive power to take cognizance of and determined differences of every kind which may arise either at sea or in ports between captains, officers, crews, etc. After a more careful examination of my instruction, I have deemed it better to bring the matter to your attention officially, and not by an unofficial memorandum, as spoken of in said conversation. Believe me, etc., No 1547.] Mr. Clayton to Mr. Hay. POWELL CLAYTON. EMBASSY OF THE UNITED STATES, SIR: Adverting to my dispatch No. 1529 of the 14th instant transmitting copies of my notes to Minister Mariscal proposing the celebration of an additional article to the treaty between Mexico and the United States to define the exclusive power of consular officers to take cognizance of and determine difficulties which may arise either at sea or in ports between captains, officers, crews, etc., I have the honor to inclose herewith a copy and translation of Minister Mariscal's reply to my aforesaid notes, stating that the matter has been referred to the consulting attorney of the sections of his department, and that he will inform me opportunely of the decision which may be made in the premises. I have, etc., POWELL CLAYTON. [Inclosure.-Translation] Mr. Mariscal to Mr. Clayton. DEPARTMENT OF FOREIGN AFFAIRS, MR. AMBASSADOR: I have received your excellency's note of the 14th instant and another, unofficial, of the same date, in which your excellency is pleased to propose the celebration of an additional article in the treaty between Mexico and the United |