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ARTICLE XXVIII.

The Consuls-General, Consuls, Vice-Consuls and Consular Agents, as likewise the Consular Chancellors, Secretaries or Clerks of the High Contracting Parties shall reciprocally enjoy in both countries all the rights, immunities and privileges which are or may hereafter be granted to the officers of the same grade of the most favored Nation.

ARTICLE XXIX.

All treaties, agreements, conventions and contracts between the United States and Spain prior to the Treaty of Paris shall be expressly abrogated and annulled, with the exception of the Treaty signed the seventeenth of February 1834 between the two countries, for the settlement of claims between the United States of America and the Government of His Catholic Majesty, which is continued in force by the present Convention.

ARTICLE XXX.

The present Treaty of Friendship and General Relations shall remain in full force and vigor for the term of ten years from the day of the exchange of ratifications. Notwithstanding the foregoing, if neither Party notifies to the other its intention of reforming any of, or all, the articles of this Treaty, or of terminating it twelve months before the expiration of the ten years stipulated above, the said Treaty shall continue binding on both Parties beyond the said ten years, until twelve months from the time that one of the Parties notifies its intention of proceeding to its reform or of terminating it.

ARTICLE XXXI.

The present Convention shall be ratified and the ratifications thereof shall be exchanged at the City of Madrid as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.

Done in duplicate at Madrid this third day of July in the year of Our Lord one thousand nine hundred and two.

[SEAL.] [SEAL.]

BELLAMY STORER

EL DUQUE DE ALMODÓVAR DEL RIO. And whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Madrid, on the fourteenth day of April one thousand nine hundred and three;

Now, therefore, be it known that I, THEODORE ROOSEVELT, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

Done at the City of Washington, this twentieth day of April, in the year of our Lord one thousand nine hundred and three, and of the Independence of the United States the one hundred and twenty-seventh. [SEAL] THEODORE ROOSEVELT

By the President:

JOHN HAY Secretary of State.

SWEDEN AND NORWAY.

THANKS FOR ASSISTANCE RENDERED BY UNITED STATES CITIZENS TO FAMINE SUFFERERS IN SWEDEN.

No. 306.]

Mr. Thomas to Mr. Hay.

LEGATION OF THE UNITED STATES,

Stockholm, March 20, 1903.

SIR: I have the honor to inclose herewith, in English translation, copy of a letter received by me from Hon. Karl J. Bergström, governor of the province of Norrbotten, the most northern and territorially the largest province of Sweden. It is also the province which has suffered most from the failure of the crops of last year.

In this letter Governor Bergström extends to me, as the representative of America, an expression of the warm and profound sentiments of heartfelt gratitude of the inhabitants of Norrbotten for the generous contributions to famine sufferers received from SwedishAmericans and from American citizens generally.

As Governor Bergström desires that a knowledge of the feelings of gratitude which fill the breasts of the famine sufferers of Norrbotten should be communicated to the American people, I would suggest that the widest publicity be given to his letter.

In transmitting these honorable sentiments, I embrace the opportunity personally to testify that the noble donations of American citizens to the famine-stricken people of northern Sweden, in this time of their greatest need, have drawn more closely together the strong bonds of friendship and good will that have always united America and Sweden. I have, etc.,

W. W. THOMAS.

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I am very anxious, Mr. Minister, to extend to you, as the representative of the United States of America, an expression of the warm and profound sentiments of heartfelt and devoted gratitude which fill the souls of the inhabitants of the province of Norrbotten, so severely afflicted by failure of crops, for the gifts which they have already received from the noble and warm-hearted people of the United States. Although the first gifts to the sufferers came from the sons and daughters of Sweden, who in the New World have won respected and economically independent positions, it seems that now the whole great and free American nation has with sympathy and brotherly love taken in hand those here in the lofty north who are so cruelly visited by severe misfortunes.

For the ample proofs of noble self-sacrifice and magnanimous generosity toward the people of Sweden, Finland, and Norway, of which Norrbotten will doubtless receive a portion, the Swedish people and the inhabitants of the province of Norrbotten can not feel sufficiently grateful.

For Norrbotten it has been a great comfort to feel the interest which has been shown this remote part of the world by the people of America and its influential newspapers, two of which have sent to Sweden special correspondents to investigate the situation.

The esteem which the Swedish people have always cherished and evinced for the American people will, through the sympathy now shown, be still more confirmed and united with grateful feelings.

It would be exceptionally dear to my heart if the American people could be given a knowledge of these feelings of gratitude, so feebly interpreted by me, which fill the breasts of the famine sufferers in the province of Norrbotten.

I wish to avail myself of this opportunity to express to you, Mr. Minister, my recognition of the great zeal and self-sacrificing work which Mr. D. O. Bell, in your service, has laid down for the sufferers in Norrbotten. I feel that I am deeply indebted to him for all that he has done for the famine sufferers.

With great respect, etc.,

KARL J. BERGSTRÖM, Governor of the Province of Norrbotten.

TURKEY.

ATTACK ON H. C. SHIPLEY, AMERICAN CITIZEN, BY POLICEMAN AT SMYRNA, AND REPARATION MADE THEREFOR.

No. 341.]

Mr. Eddy to Mr. Hay.

LEGATION OF THE UNITED STATES,
Constantinople, January 20, 1903.

SIR: I have the honor to inform you that on August 5 last a certain Doctor Shipley, an American citizen visiting Smyrna, was wantonly attacked by a member of the Turkish police in broad daylight within the city limits of the above town. He was knocked down, wounded, and robbed, while a second member of the police looked on and offered no assistance.

Doctor Shipley's assailant was afterwards identified, and the authorities of Smyrna stated that the value of the property stolen from Doctor Shipley would be refunded to him, but that nothing could be done by way of an apology from the commandant of the gendarmerie.

The legation brought the matter to the attention of the ministry for foreign affairs by a note verbal, dated August 13, 1902, which read as follows:

The United States legation has the honor to inform the Imperial ministry for foreign affairs that on Saturday, August 2, at 3 o'clock in the afternoon, Mr. H. Č. Shipley, a citizen of the United States, while walking in the ruins of the ancient castle at the back of the city of Smyrna, was assaulted, knocked down, and robbed by an officer of the Turkish police. This disgraceful affair happened in broad daylight and within the city limits.

This officer of the law was afterwards arrested, and identified by Mr. Shipley and by two witnesses of the assault; but although arrested and imprisoned, the stolen property has not been returned.

The legation of the United States has, therefore, the honor to lodge a claim herewith against the Turkish Government for the sum of Lt. 10.74, this being the estimated loss sustained by Mr. Shipley, and to request its immediate settlement.

The legation has also the honor to inclose, for the information of the Ottoman Government, a copy of the formal claim lodged by Mr. Shipley with this legation. On the 21st of October last I received a reply from the Porte, a translation of which I give herewith:

The ministry for foreign affairs has received the note verbal of August 13 last, which the legation of the United States of America has kindly addressed to the ministry relative to the aggression of which Mr. Shipley has been the object at Smyrna, and to the indemnity which he claims for the objects taken away from him.

The Imperial department of the interior, to whom this document was communicated, states in reply that, according to information furnished by the governor-general of the vilayet of Aidin, the policeman who had been designated as the author of this act of aggression having been acquitted by the proper tribunal, the police are actively searching for the true culprit.

While awaiting his arrest and the restitution by him of the stolen objects, the local authority has caused to be sent to the United States consul at Smyrna the sum of Lt. 10. and 70 piasters, claimed by Mr. Shipley, in order to be sent to the latter, who has already returned to his country, but the above-mentioned agent has declared that he can not accept it before receiving from the commandant of the gendarmerie an apology for the incident concerned.

This unjustified pretension being inadmissible, the Imperial ministry has the honor to beg the United States legation to kindly request its above-mentioned agent not to maintain it, and to receive the said sum without further delay in order to cause it to be transmitted to the claimant.

As this reply was in no way satisfactory, and as I had already seen both the minister for foreign affairs and the grand vizier personally with regard to the matter, I thought best to transmit a rather stronger note verbal, which read as follows:

The legation of the United States has received the note verbal from the ministry for foreign affairs, dated October 21, 1902, relative to the outrage committed on Doctor Shipley at Smyrna, in which outrage the gentleman referred to was assaulted, wounded, and robbed in broad daylight within the city limits of Smyrna.

The serious part of this matter is that the assault was committed by a member of the police, in the presence of other policemen, who, according to the custom of most countries, are supposed to be placed in their office for the upholding of law and order and not (as one would suppose from this case) in order to commit felonious assaults upon peaceful visitors.

That the Lt. 10.70 which were stolen by this officer of the law are returned to Mr. Shipley, goes without saying. Had they not been returned to him it would have been another extraordinary action in this more than extraordinary case.

The United States legation can not agree with the opinion offered by the ministry for foreign affairs that the demand for an apology from the commandant of gendarmerie is a pretension injustifiée, and therefore I must emphatically request that such an apology be made as soon as possible to the United States consul at Smyrna, who, in demanding the above-mentioned apology, is acting upon instructions from this legation.

If the commandant of the gendarmerie at Smyrna is unfitted for his post, in that he has no control whatever over his subordinates, who seem to conduct themselves in a reprehensible manner, it would seem justifiable that he be dismissed and his post refilled by some one capable of filling it. The fact of this legation merely requesting an apology from him is a sufficiently mild course to pursue, and one which, by bringing to the commandant some adequate idea of his negligence in his duties, may cause more effective measures to be taken by him in the future for the protection of peaceful and harmless foreigners who are passing through his district.

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A most complete and formal apology has (since) been received from the commandant of the police at Smyrna, both by the United States consul and by Doctor Shipley. Moreover, Doctor Shipley's claims were paid in full.

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DEPARTMENT OF STATE, Washington, February 13, 1903.

SIR: I have to acknowledge the receipt of Mr. Eddy's dispatch, No. 341, of the 20th ultimo, reporting that he has obtained from the Turkish Government full payment of Dr. H. C. Shipley's claim for the value of property robbed from him by a member of the Turkish police when he was assaulted by the policeman at Smyrna on August 2 last, and that a most complete and formal apology for the robbery and assault has been received from the commandant of police at Smyrna, both by the United States consul at that place and by Doctor Shipley.

In reply I have to say that the incident may be regarded as closed. I am, etc.,

JOHN HAY.

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