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PROTOCOL OF AGREEMENT BETWEEN VENEZUELA AND ITALY, TO WHICH THE UNITED STATES AND OTHER POWERS ARE PARTIES, RESPECTING THE REFERENCE OF THE QUESTION OF THE PREFERENTIAL TREATMENT OF CLAIMS TO THE TRIBUNAL AT THE HAGUE.

Signed at Washington, May 7, 1903.

Whereas Protocols have been signed between Venezuela, on the one hand, and Italy, Great Britain, Germany, United States of America, France, Spain, Belgium, The Netherlands, Sweden and Norway and Mexico, on the other hand, containing certain conditions agreed upon for the settlement of claims against the Venezuelan Government;

And whereas certain further questions arising out of the action taken by the Governments of Italy, Germany and Great Britain in connection with the settlement of their claims, have not proved to be susceptible of settlement by ordinary diplomatic methods;

And whereas the Powers interested are resolved to determine these questions by reference to arbitration in accordance with the provision of The Convention for the Pacific Settlement of International Disputes signed at The Hague on the 29th July, 1899;

The Governments of Venezuela and Italy, with a view to carry out that resolution, authorized their Representatives, that is to say:

For Venezuela Mr. Herbert W. Bowen duly authorized thereto by the Government of Venezuela;

For Italy, His Excellency Nobile Edmondo Mayor des Planches, His Majesty The King of Italy's Ambassador Extraordinary and Plenipotentiary to the United States of America;

to conclude the following Agreement:

ARTICLE I

The question as to whether or not Italy, Germany and Great Britain are entitled to preferential or separate treatment in the payment of their claims against Venezuela shall be submitted for final decision to the Tribunal at The Hague.

Venezuela having agreed to set aside thirty per cent of the Customs Revenues of La Guayra and Puerto Cabello for the payment of the claims of all nations against Venezuela, the Tribunal at The Hague shall decide how the said revenues shall be divided between the Blockading Powers, on the one hand, and the other Creditor Powers, on the other hand, and its decision shall be final.

If preferential or separate treatment is not given to the Blockading Powers, the Tribunal shall decide how the said revenues shall be distributed among all the Creditor Powers, and the Parties hereto agree that the Tribunal, in that case, shall consider, in connection with the payment of the claims out of 30% any preference or pledges of revenues enjoyed by any of the Creditor Powers and shall accordingly decide the question of distribution so that no Power shall obtain preferential treatment, and its decision shall be final.

ARTICLE II

The facts on which shall depend the decision of the questions stated in Article I shall be ascertained in such manner as the Tribunal may

determine.

ARTICLE III

The Emperor of Russia shall be invited to name and appoint from the Members of the Permanent Court of The Hague three Arbitrators to constitute the Tribunal which is to determine and settle the questions submitted to it under and by virtue of this agreement.

None of the Arbitrators so appointed shall be a citizen or a subject of any of the Signatory or Creditor Powers.

This Tribunal shall meet on the first day of September, 1903 and shall render its decision within six months thereafter.

ARTICLE IV

The proceedings shall be carried on in the English language, but arguments may, with the permission of the Tribunal, be made in any other language also.

Except as herein otherwise stipulated, the procedure shall be regulated by the Convention of The Hague of July 29th 1899.

ARTICLE V

The Tribunal shall, subject to the general provision laid down in Article 57 of the International Convention of July 29th 1899, also decide how, when and by whom the costs of this Arbitration shall be paid.

ARTICLE VI

Any nation having claims against Venezuela may join as a party in the Arbitration provided for by this Agreement.

WASHINGTON D. C. May 7, 1903

[SEAL.]

HERBERT W. BOWEN.
E. MAYOR DES PLANCHES [SEAL.]

The undersigned nations having claims against Venezuela hereby join with her as parties in the arbitration provided for in the foregoing protocol.

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L'Ambassadeur de France, dûment autorisé et agissant au nom de son Gouvernement, adhère au Protocole ci-dessus, sous réserve qu'il est bien entendu que l'article IV dudit protocole ne fera pas obstacle à l'application de la disposition d l'article 38 de l'acte de La Haye, aux

termes de laquelle c'est le tribunal arbitral qui décide du choix des langues dont il fera usage et dont l'emploi sera autorisé devant lui.

1er JUIN 1903

[SEAL.]

JUSSERAND

Le Ministre de Belgique, dûment autorisé et agissant au nom de son Gouvernement adhère au protocole ci-dessus.

12 JUIN 1903

[SEAL.]

BN. MONCHEUR.

Le Ministre des Pays-Bas, dûment autorisé et agissant au nom de son Gouvernement adhère au protocole ci-dessus. WASHINGTON, le 13 Juin, 1903.

[SEAL.]

GEVERS.

DEATH OF POPE LEO XIII AND ELECTION OF POPE PIUS X.

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The President desires me to express his profound sense of loss which the Christian world has sustained in the death of His Holiness Leo XIII. By his lofty character, his great learning, and his comprehensive charity, he adorned his exalted station and made his reign one of the most illustrious as it has been one of the longest in the history of the Catholic Church.

Cardinal Rampolla to Mr. Hay.

[Telegram.]

JOHN HAY.

ROME, July 23, 1903.

I have not failed to convey to the Sacred College the heartfelt sympathy expressed by you in the President's name on the sad occasion of His Holiness's death.

The Sacred College desires me to express to the President its deep and sincere gratitude for such a noble manifestation.

RAMPOLLA.

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JAPAN.

NEGOTIATIONS BETWEEN JAPAN AND RUSSIA CONCERNING MANCHURIA AND KOREA.

Mr. Griscom to Mr. Hay.

[Telegram.-Paraphrase.]

LEGATION OF THE UNITED STATES,

Tokyo, July 14, 1903.

(Mr. Griscom reports that he is credibly informed that the Japanese Government proposes soon to address the Russian Government directly at St. Petersburg regarding Manchuria;

No. 6.]

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Mr. Griscom to Mr. Hay.

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UNITED STATES LEGATION,
Tokyo, July 14, 1903.

SIR: I have the honor to confirm my telegram of this date. The Government of Japan appears to have been for some time past gradually working up to the point of seeking a solution of the situation in Manchuria by direct negotiations with the Russian Government at at St. Petersburg. The Japanese minister at Peking has been endeavoring to the best of his ability to strengthen the Chinese Government in its attitude toward the Russian demands concerning Manchuria. About the 18th of June the Chinese Government went so far as to send a memorandum to the Russian minister, Mr. Lessar, wherein it was set forth that the Russian demands could not be conceded. Mr. Lessar returned this memorandum to the Chinese Government with the statement that it could not possibly be made the basis for future negotiations. Although this result is in a measure satisfactory, yet the Japanese Government apparently considers that there is little prospect of arriving at a definite settlement of the Manchurian question by any negotiations at Peking. It would seem evident that a practical solution can be reached only by taking the matter up with the Russian Government at St. Petersburg, or at least it is to this conclusion that the Japanese Government has now arrived.

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The present Japanese ministry is inclined, apparently, to approach Russia in a friendly spirit, but with firm intention of bringing about a full discussion of the Manchurian question. I am given to understand that the steps to be taken have not yet been precisely determined. The ministry for foreign affairs is carefully considering the various methods of approaching Russia and the nature of the proposals to be made. This cabinet, if allowed a free hand, will undoubtedly make some move. The only element of doubt lies in the present condition of Japanese

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