raine of its naturalization treaties with the United States, although this application has been held in abeyance up to the present time for the reasons which I have just mentioned; but I judge from the conversation which I had with Doctor von Mühlberg that if the Government of the United States wishes to open negotiations the Imperial German Government would be inclined so to extend the provisions of the naturalization treaties with the United States that they should apply also to the provinces of the Reichsland.

In the meantime, however, I presented to Doctor von Mühlberg the case of Emil Vibert and called to his attention as forcibly as possible the fact that Vibert has legally acquired American citizenship and is entitled under it to the rights and privileges which such citizenship carries with it; and I asked him to have Vibert's citizenship duly recognized, permission granted to him to return to Lorraine upon a visit to his father, and the fine of 600 marks removed.

Doctor von Mühlberg very courteously examined the details of the subject and promised me to give it his personal attention.

Regarding the case of Emil Vibert, a naturalized American citizen, who has asked for permission to return to Lorraine upon a visit to his father, I have received a note from Doctor von Mühlberg, a copy and a translation into English of which are hereto attached, in which the acting secretary of state says, in answer to my request that the fine imposed upon Mr. Vibert for nonperformance of military duty should be removed, that," the annulment of the fine and costs could be obtained only as an act of grace," and, therefore, he suggests that Mr. Vibert shall address to the Emperor a petition for the annulment of the fine with costs and for his release from German allegiance.

If Mr. Vibert chooses to avail himself of this proposition and will send to me accordingly a petition addressed to the Emperor, I shall transmit it, with your approval, to the imperial ministry for foreign affairs, and shall support it, in so far as may be proper for me to do so. I am inclined to believe that such a petition would be granted. I have, etc.,

CHARLEMAGNE TOWER.

[Inclosure.]

Doctor von Mühlberg to Mr. Tower.

IMPERIAL MINISTRY FOR FOREIGN AFFAIRS,
Berlin, June 3, 1904.

In reply to the note of the 27th of May, the undersigned has the honor to inform His Excellency, Mr. Charlemagne Tower, ambassador extraordinary and

plenipotentiary of the United States of America, that the ten years residence abroad by which a German loses his allegiance to Germany, in accordance with paragraph 21, clause 1, of the imperial law of June 1, 1870, does not apply to minors, but only to such as have attained their majority. In the case of Emil Vibert, who was born on the 1st of February, 1874, this term can only be reckoned from the 1st of February, 1895, and has therefore not yet been concluded. Under these circumstances Vibert is still a German subject, as was stated in the note verbale of the imperial ministry for foreign affairs, dated March 27, 1904.

In that note verbale it was stated that, in view of the intervention of his excellency the ambassador in Vibert's behalf, the proper authorities would be willing to release him from his German allegiance upon his making such a request and paying the fine outstanding against him, together with the costs. The annulment of the fine and costs could only be brought about by an act of grace. Vibert's interests would, therefore, probably best be served by his addressing a petition to His Majesty the Emperor, praying for the annulment of the fine and costs imposed upon him in consequence of his having evaded his military duties, and for his release from German allegiance. If the ambassador will support such a petition in having it sent to the imperial ministry for foreign affairs, the undersigned will gladly lend his good offices, in view of the special interest in this case taken by the ambassador, to the end that the petition may reach its high destination. The undersigned avails himself, etc.,

Mr. Hay to Mr. Tower.

MÜHLBERG.

No. 207.]

DEPARTMENT OF STATE,
Washington, June 13, 1904.

SIR: I have to acknowledge the receipt of your No. 368, of the 27th ultimo, respecting the military case of Emil Vibert.

Your action is approved, and the Department will await the formal presentation of the case to the German Government.

In the meantime the Department has under consideration your observations concerning the application to Alsace and Lorraine of our naturalization treaties with the German Government.

I am, etc.,

Mr. Hay to Mr. Tower.

JOHN HAY.

No. 215.]

DEPARTMENT OF STATE,
Washington, June 28, 1904.

SIR: I have to acknowledge the receipt of your No. 382, of the 11th instant, reporting the result of your formal presentation to the German Government of the military case of Emil Vibert, a naturalized American citizen, who has asked for permission to return to Lorraine on a visit to his father.

The Department is of opinion that you may inform Mr. Vibert of the suggestion from the foreign office that the only means for Mr. Vibert to obtain release from German allegiance and the annulment of the fine imposed on him in 1898 for nonperformance of military service is by favorable action on a petition to be addressed by Mr. Vibert to His Majesty the Emperor.

Should Mr. Vibert send such a petition to the embassy you may

transmit it to the German foreign office. But in order that such course may not be construed as a tacit admission, at least, of the German contention that Vibert is still a German subject, which is opposed to the contention of this Government that the naturalization treaties existing between the two countries are applicable to AlsaceLorraine, and that under such treaties Vibert is and should be recog nized as a citizen of the United States, you will, in transmitting the petition, state to the imperial ministry for foreign affairs that in doing so the embassy's action is not to be understood as conceding the German contention that the naturalization treaties do not apply to Alsace-Lorraine.

I am, etc.,

JOHN HAY.

NEUTRALITY OF GERMANY IN THE WAR BETWEEN RUSSIA AND JAPAN.

No. 440.]

Mr. Dodge to Mr. Hay.

AMERICAN EMBASSY,

Berlin, August 17, 1904.

SIR: I have the honor to report to you that I was informed yesterday by Doctor von Mühlberg, imperial acting secretary of state for foreign affairs, at the usual weekly diplomatic reception, that the Russian ships which had taken refuge at Tsingtau, including the battle ship Cesarevitch and three torpedo boats, had been disarmed by the German authorities and would not be allowed to repair. No reason had been given for this step, contrary to what had been reported in some of the newspapers. Doctor von Mühlberg then said that the position of neutrals in regard to allowing the ships of belligerents to repair in neutral ports was a very difficult one. The principles of international law in regard to this were very difficult of application. Of course it could not be laid down that Germany would under no circumstances allow belligerent ships to repair in her ports, but in the present case it had been decided not to allow this to be done. He had reason to believe that the British Government would act in a similar case as the German Government had done. In regard to the officers and men belonging to these ships and numbering about 1,000, the Japanese Government had been asked whether it had any objection to their being sent to Russia under proper safeguards.

I am, etc.,

H. PERCIVAL Dodge.

GREAT BRITAIN.

ARBITRATION OF THE PREFERENTIAL TREATMENT OF CLAIMS

AGAINST VENEZUELA.

(See under the Netherlands, p. 505.)

No. 15.]

DELIMITATION OF THE ALASKA BOUNDARY.

Sir Mortimer Durand to Mr. Loomis.

BRITISH EMBASSY, Washington, January 29, 1904. SIR: I have the honor to inform you that I have received a communication from His Majesty's principal secretary of state for foreign affairs stating that the Canadian government are quite ready to enter into arrangements for the delimitation of the boundary between the Dominion of Canada and the Territory of Alaska, in conformity with the award of the Alaska Boundary Tribunal.

The Canadian government propose to appoint Mr. King as their representative on the Delimitation Commission. Mr. King will be ready to meet the expert named by the United States Government as soon as the appointment of the latter is made.

I have, etc.,

(For Sir Mortimer Durand.)

ARTHUR S. RAIKES.

No. 28.]

Mr. Loomis to Sir Mortimer Durand.

DEPARTMENT OF STATE, Washington, February 5, 1904. EXCELLENCY: Referring to your note, No. 15, of the 29th ultimo, by which you informed me of the purpose of the Canadian government to appoint Mr. King as their representative on the Commission to delimitate the boundary between Alaska and the Dominion of Canada, I have the honor to inform you that Mr. O. H. Tittmann, Superintendent of the Coast and Geodetic Survey, has been designated by this Government as its expert representative on the Delimitation Commission for the tracing of the said boundary in conformity with the award of the Alaska Boundary Tribunal.

Owing to the brief season in which work can be done to advantage I venture to suggest to your excellency the expediency of an early conference between Messrs. Tittmann and King in order that work may be begun without undue delay.

I have, etc.,

FRANCIS B. LOOMIS,
Acting Secretary.

No. 176.]

Sir Mortimer Durand to Mr. Loomis.

BRITISH EMBASSY, Lenox, Mass., October, 1, 1904. SIR: I have the honor to inform you that I have received a dispatch from the Marquess of Landsdowne forwarding the recommendations of Messrs King and Tittmann, the commissioners appointed to carry out the delimitation of the Alaska boundary in so far as it was left undefined by the London Tribunal.

A copy of the report drawn up by Messrs. King and Tittmann is inclosed herewith.

The Canadian government are satisfied with the proposed line, which they consider follows sufficiently closely the straight line joining the points designated as "T" and "P" in the Alaska boundary award and on the maps accompanying it, and which is approximately parallel with the coast; and they have expressed the wish that the United States Government should be approached with a view to obtain their formal agreement to that line as an international boundary.

I have therefore been directed by the Marquess of Landsdowne to inform you that His Majesty's Government are ready to accept this line as satisfactory and at the same time to inquire whether the United States Government also agree to it.

In the event of your Government's concurrence it will apparently be necessary to arrange for a formal agreement between the United States and Great Britain, either by means of a convention or by an exchange of notes. I should be glad to know the wishes of the State Department on this point.

I have, etc., etc.

H. M. DURAND.

[Inclosure.]

We, the undersigned Commissioners on behalf of His Britannic Majesty and of the United States, respectively, having met to discuss the demarcation of the boundary line between Alaska and Canada, have considered the part lying between the points P and T mentioned in the award of the tribunal of 1903.

We respectfully recommend that the boundary between these points be marked by the summits whose geographical coordinates are given in the attached table, with the proviso that between the points 7 and 8, and 8 and T, where the distances between the peaks given in the table exceed the probable limit of intervisibility, power be granted to the commissioners after they have secured sufficient data, to select additional and intermediate peaks, no such peak to be more than twenty-five hundred meters from the straight line joining peaks 7 and 8, or 8 and T of the attached table.

WASHINGTON, D. C., April 12, 1904.

W. F. KING,

His Britannic Majesty's Commissioner.
O. H. TITTMANN.
United States Commissioner.

Table showing the positions and distances of peaks.

The latitudes and longitudes are taken from maps Nos. 10 and 12 of the surveys made by the British commission under the convention of 1892. The successive peaks are designated by consecutive numbers counting southward from point P.