J

On July 6th the committee appointed presented, together with its opinion, a draft of internal rules and a draft on organization and method of work, and proposed besides: (1) That there be appointed two committees of five members each, one to prepare during these very sessions a draft on extradition and another on foreign judgments; (2) that the month of June, 1914, be set as the date for the next session of the International Commission of Jurists. This opinion was approved at the session of the Sth instant, The aforementioned draft on organization and method of work provides for the division of the International Commission of Jurists into six special committees, four for the cod fication of public international law and two for that of private international law, which committees are to act, during the interval between the two meetings, as follows: The first at Washington, with the privilege of subdividing into two parts; the second at Rio de Janeiro; the third at Santiago de Chile; the foutrh at Buenos Aires; the fifth at Montevideo; and the sixth at Lima. The first four are to have in charge the codification of the following subjects of public law: The first, maritime war and the rights and duties of neutrals; the second, land war, civil war, and claims arising from such wars; the third, a state of peace; and the fourth, pacific settlement of controversies and organization of international courts. Private law was distributed as follows: To the Montevi leo committee, capacity, status of foreigners, family rights, and successions; to the Lima committee, everything not comprised within this enumeration, including penal law. Each special committee is to request of the American Governments, in regard to the subject allotted to it, minute information regarding the internal legislation of the nation, its judicial and administrative precedents, conventions, usages, settlements of interna tional cases, and finally the mode of settlement which these Governments deem most suitable for the subject in question; and when in possession of these data it is to proceed to a codification of the point within its jurisdiction, taking into consideration the draft codes presented by the Brazilian Government, the principles in regard to which an agree ment already exists in conventions or laws, the treaties of Montevideo of 1889, the labors of the Pan American conferences, etc. The drafts worked out by the committees, as well as those subjects on which it is impossible to come to an agreement, are to be submitted to the international commission at its next sessions in 1914.

I take pleasure in stating that the third and sixth special committees have already met here and arranged the plan of their labors.

In accordance with the proposition approved at the second session, the committees were appointed which are to take charge of the drafts on extradition and the execution of foreign judgments.

The draft on extradition, presented afterwards, was approved at the session of the 13, and, in its final form, at the session of the 16th, and it will be sent to the American Governments in accordance with what was decided upon at the convention of August 23, 1906.

As to the draft on the execution of foreign judgments, it was submitted to the international commission at the session of the 17th, and, on motion of the delegation from Mexico and a vote of the majority of the commission, it was deferred to the sixth special committee of Lima for such consideration as it might deserve.

The International Commission of Jurists thus worked from June 26 until July 19, having held six regular sessions. During this period of time it prepared a draft on extradition and arranged the plans for its future labors.

We might have done more if the drafts offered by Brazil as a basis for the labors of the commission had been known to all the delegates after their distribution among the several nations, and if, on the other hand, all the Governments had furnished their representatives with the necessary instructions regarding the principal points of the codifica tion, as had been laid down at the Pan American conference of 1906, so that the commission might immediately, with decision and method, begin the preparation of the two codes, as was the reason and object of its convocation. Nevertheless, the first efforts of the International Commission of Jurists should not be considered sterile along the line of accomplishing the extraordinary labor which the codification of the public and private international law of the two Americas will be. The working out of the draft on extradition-a matter of frequent application and of evidently practical scope is already an accomplished fact, being the first result obtained in this crusade in which we are engaged, and at the same time it attests the commission's capacity for labor.

NOTE.-The official protocol of the proceedings at the seventh meeting of the Commission of Jurists has not been received, and this extract from the Jornal do Comercio is substituted, so that the present record may be complete.

CHILE.

PERMISSION OF CONGRESS TO A UNITED STATES ARMY OFFICER TO ACCEPT SERVICE UNDER A FOREIGN GOVERNMENT.

File No. 825.20/8.

No. 2.]

The Minister of Chile to the Secretary of State.

LEGATION OF CHILE, Washington, February 8, 1912. SIR: With reference to our pleasant interview of this morning I have the honor to confirm the request I took the liberty of making of your excellency to put me in communication with the proper authorities with whom to carry out my Government's instructions to engage a coast artillery officer of the United States to serve as instructor and inspector of that arm.

Renewing to your excellency my thanks for the kind manner in which you received my request, I indulge the hope that you will be good enough to put me in communication with the proper office. I renew [etc.]

ED SUÁREZ MUJICA.

No. 8.]

The Acting Secretary of State to the Minister of Chile.

DEPARTMENT OF STATE, Washington, February 12, 1912. SIR: I have the honor to acknowledge the receipt of your note No. 2 of the 8th instant [etc.]

In reply you are informed that this matter has been brought to the attention of the Secretary of War with the request that he designate an officer for such appointment by your Government. Immediately upon receipt of a reply from the Secretary of War you will be promptly informed thereof.

instant by the House of Representatives and was signed by the President on May 11, 1912:

Resolved, etc., That Capt. John W. Gulick, Coast Artillery Corps, United States Army, be, and he is hereby, permitted to accept from the Government of the Republic of Chile the position of instructor of the Coast Artillery of the Chilean Army and the emoluments, rights and privileges pertaining thereto. This information has already been telegraphed to the American Legation at Santiago.

Accept [etc.]

HUNTINGTON WILSON.

File No. 825.20/20.

No. 70.]

The Minister of Chile to the Secretary of State.

LEGATION OF CHILE, Washington, May 17, 1912.

SIR: I have the honor to acknowledge receipt of your excellency's note of the 14th instant [etc.] thus responding to the request that I had the honor to make of your excellency in person, confirmed by my note No. 2 of the 8th February last.

I am deeply grateful to your excellency and through you to the executive powers of this country for the favorable action upon my request.

I renew [etc.]

ED SUÁREZ MUJICA.

CHINA.

REVOLUTION. ABDICATION OF THE MANCHU RULERS. ESTABLISHMENT OF A PROVISIONAL REPUBLICAN GOVERNMENT. CONCERTED ACTION OF THE POWERS. CORRESPONDENCE CONCERNING RECOGNITION OF THE REPUBLIC OF CHINA.

NOTE.-Early in the disturbances the revolutionary military leaders in the Yangtze provinces and in southern China established a cabinet form of government with Nanking as headquarters, and convoked an assembly composed of their representatives. On December 29, 1911, this Nanking assembly unanimously elected Dr. Sun Yat Sen Provisional President of the Republic of China and he was inaugurated on January 1, 1912. On February 12 the Manchu Emperor abdicated, vesting the sovereignty in the people, declaring for a republican form of government, and appointing Yuan Shih Kai to organize such a government. On February 15 Yuan was elected Provisional President by the Nanking assembly, to succeed Dr. Sun, who resigned in his favor. Yuan was inaugurated at Peking March 10, and the Nanking assembly, with the approval of the Peking authorities, adopted a provisional constitution providing for the calling of a representative national assembly to adopt a permanent constitution and elect a president, thereby providing for the normal establishment of constitutional government. The national assembly was to meet at Peking within 10 months after the promulgation of the provisional constitution; meantime the authority of the State was to be exercised by an Advisory Council, the Provisional President, and his Cabinet.

File No. 893.00/530.

No. 253.]

The American Minister to the Secretary of State.

[Extract.]

AMERICAN LEGATION, Peking, June 5, 1911. SIR: At the present time there are not lacking signs of a renewed and somewhat widespread discontent among the Chinese toward their Manchu rulers. This feeling seems to have arisen first from the evidence of the weakness of the Central Government in dealing with Russia and Japan over territorial jurisdiction in Mongolia and Manchuria, and with Great Britain in the Yunnan-Burma border delimitation dispute, and in the opium trade arrangements. The organization of the Provincial and National Assemblies offers the people a new method of voicing their discontent, from which they soon drift into an attitude of antagonism to the Central Government. For several months past rumors have been in circulation all over the Empire to the effect that the foreign powers were planning the partition of China. These rumors have been circulated by the native

press and from mouth to mouth in all parts of the country with a persistency which suggests some organized activity with the intention of stirring up the people against foreigners and against their own Government. * *

I have instructed those of our consuls who have reported to me on this general subject that they should take advantage of every opportunity to impress upon the Chinese officials that there is absolutely no foundation for the wild rumors current that China is to be partitioned among certain of the powers, and that the Chinese populace should not be allowed to proceed with any supposed defensive measures because of such rumors. I moreover instructed them that they might well impress upon all the local authorities with whom they came in contact the urgent necessity, for China's own sake, that the public peace be preserved, and that with this end in view they might find it beneficial to join with their colleagues in the event of its being decided by the local consular body to take concerted action in adopting necessary measures to suppress effectually the circulation of any inflammatory literature and bring to an end this foolish movement, which is only calculated to deceive ignorant people to instigate riots and disturbances, thus endangering the lives and property of all foreigners, Americans included.

The movement to organize a militia among the people (kuo min chun) has for its ostensible motive the lending of assistance to the Central Government against the aggressions of foreign nations, but it is generally understood both by the officials and the people that such a militia, if organized, would be used to intimidate the Central Government and enforce any demands which might be made by the people. The Government is therefore very wisely discouraging the

movement.

The strong stand taken by the Central Government in regard to the construction and control of all the main lines of railway in the Provinces, the conclusion of foreign loans contrary to the wishes of the people, and the refusal to convene an extra session of the National Assembly for the discussion of the budget and loans, have exasperated the radical element of the people to an extreme degree.

*

The Government is however paying no attention to the opposition of the people, but has issued a series of strong edicts announcing its determination to carry out unswervingly the policy adopted. The probable effect of this unwonted exhibition of firmness on the part of the Government will be that the opposition of the radicals will expend itself in violent speeches. The situation can easily become critical, however, so that it requires careful watching. W. J. CALHOUN,

I have [etc.]

File No. 893.00/539.

The American Chargé d'Affaires to the Secretary of State.

[Telegrams.Extracts.-Paraphrases.]

AMERICAN LEGATION, Peking, September 3, 1911.

Opposition to railway construction by foreigners is causing serious disorders in Szechwan. The agitation is thus far confined to mass