dian courts, the President adopted proceedings which have practically assured the continuance of peace upon the Canadian border. It was believed here that similar clemency could be practiced in the Manchester case with benign results. Your dispatch leads us to believe that Her Majesty's Government was so thoroughly convinced of the neces sity of pursuing a different course in that case that further interposition than that which you adopted would have been unavailing and injurious to citizens of the United States. Certainly it belonged to the British Government to decide whether the principle which we invoked could be wisely applied in the Manchester case." Mr. Seward, Sec. of State, to Mr. Adams, Dec. 9, 1867; MSS. Inst., Great "Although this [a proclamation by the Governor-General of Cuba, threatening death to insurgents taken prisoners with arms in their hands] is a measure touching the internal affairs of a country which is within the exclusive jurisdiction of the Government of that country, it seems to be of a character so inhuman and so much at variance with the practice of Christian and civilized states in modern times under similar circumstances, that this Government regards it as its duty merely as a friend of Spain, to protest and remonstrate against the carrying it into effect." Mr. Fish, Sec. of State, to Mr. Roberts, Jan. 8, 1872; MSS. Notes, Spain. As to interposition with the British Government in favor of certain Fenian For the application of Mr. Fish, Sec. of State, to the Spanish Government for the release of Santa Rosa, in 1872, see Mr. Fish to Admiral Polo, Dec. 17, 1872; MSS. Notes, Spain; For. Rel., 1873. "Mr. Frelinghuysen informed Mr. Lowell of the action of the House of Representatives, as contained in the resolution of December 10, repeated his former instruction to consider the citizenship of O'Donnell established, and concluded by saying: "There being in Great Britain no judicial examination on appeal of the proceedings at a criminal trial, possible errors can only be corrected through a new trial or by executive action upon the sentence. Therefore this Government is anxious that such careful examination be given to the proceedings in this case as to discover error, should one have been committed. You are therefore directed by the President to request a delay of the execution of the sentence, and that a careful exam ination of the case be made by Her Majesty's Government, and that the prisoner's counsel be permitted to present any alleged points of error."" Telegram, Mr. Frelinghuysen, Sec. of State, to Mr. Lowell, Dec. 11, 1883; MSS. Inst., Gr. Brit.; For. Rel., 1883. As to joint resolution of Congress for intercession in Condon's case, see infra, § 230. (9) INTERNATIONAL COURTS IN SEMICIVILIZED OR BARBAROUS LANDS. § 53. This subject, so far as concerns the action of consular courts, is hereafter considered. Infra, § 125. "I have the honor to acknowledge the receipt of Sir Edward Thornton's note of the 12th ultimo, in relation to the proposed commission of liquidation for the settlement of the Egyptian debts, which has resulted from the negotiations carried on for some time between the Governments of Great Britain, Austria-Hungary, France, Germany, and Italy, and have given the most considerate attention to the statements therein presented respecting the Khedival decree of March 31 last, and the declaration of the same date signed by the representatives of the five powers above mentioned, of which documents you kindly furnish me with copies. "It appears from those documents, taken conjointly with your statements, that the five powers, whose subjects own nearly the whole of the Egyptian debt, have organized among themselves a commission of liqui'dation for the benefit of the creditors, whether large or small, whose interests are confided to its prudence; that the same powers have united in a declaration to the end of giving force of law to the decisions which the commission shall have arrived at; that the five Cabinets are desirous that the decisions of the commission should hold applicable with like force to creditors belonging to powers which, while not represented in the preliminary negotiations for the commission, or in the commission itself, have concurred in establishing the legal administration of Egypt by participating in the establishment of the mixed tribunals; that to this end the adherence of such powers to the work of the commission is requested, in order that those tribunals may have unimpeded jurisdiction over cases of rescinded contracts and other questions which may arise under the operations of the commission; and that you are instructed by your Government to ask the formal adhesion of that of the United States to the joint declaration referred to. Hence you ask that I will acquaint you, so soon as it may be in my power, with the views of this Government upon the subject. "The important question to which the attention of this Government is thus called had already had careful consideration, based upon the aplication directly made to it by that of His Highness the Khedive through the United States agent at Cairo, and also upon the approaches made to it by that of France in the sense of obtaining the adhesion of the United States to the scheme. The first results of that consideration were not, on the whole, favorable to the concurrence of the United States in the proposal of the foreign powers, and the expressed opinion of the Department was that the United States Government did not feel called upon to accept, in advance, as binding upon its citizens, the action of a commission in the organization of which neither it nor they had had any part. Although, so far as was known, the interests of American citizens concerned in contracts and like engagements with the Egyptian Government were not so numerous or important as to make participation in the organization of the commission an indispensable requisite, yet it was regarded as proper to leave undecided, for the time being at least, the question of the acceptability of such action as that commission might hereafter take so far as concerned its operation upon the rights of citizens of the United States, and this view was strengthened by the natural desire of the United States to take no action which, on the one hand, might be tantamount to enforcing its own procedure and remedies, in conjunction with other powers, upon the Khedival Gov. ernment in matters of its own internal economy, and, on the other, might forego the reservation of the rights of United States citizens in their direct relations to the Egyptian Government, in case the dispar agement of such rights should call for diplomatic representations in their defense. . "In leaning to the adoption of such a course on the part of the United States, it was, however, entirely foreign to the purposes of this Government to interfere with, or embarrass in any way, the financial relatious of the Khedive toward the other powers, or the adjustment, by whatever means it and they might determine, of such obligations as might have arisen and become matters of dispute or compromise between them. It was not perceived that the attitude of discreet reserve, which thus so properly commended itself to this Government in respect of a matter wherein it, as a Government, had no direct concern, and wherein the interests of its citizens were amply guarded by the direct relations it maintains so happily with the Government of the Khedive, could be regarded as interfering with the entire freedom of that Government to make any administrative adjustment of its financial relations with Governments having representation in such administration. "While holding these views, therefore, and expressing them frankly through the medium of its diplomatic representation at Cairo, the Government of the United States held itself ready to receive and consider in the most friendly spirit any indications which the Khedive's Govern. ment might present of embarrassment caused to it on this account. "Matters being in this state, advices from the representative of the United States at Cairo were received, exhibiting the apparent interest S. Mis. 162-VOL. I——— -16 241 of the Egyptian Government itself in the solutions reached by the commission of liquidation, and soliciting in the most unequivocal and earnest manner the concurrence of the United States in order to remove the embarrassments which it was represented would flow from the attempt on the part of the Khedive's Government to apply, through the tribunals, the decisions of the commission without the adhesion of the powers represented in the organization of those tribunals; and these considerations induced this Government to waive its reserve and accord its adhesion to the administrative plan upon which the Government of His Highness the Khedive seemed to put so much value. "The diplomatic agent of the United States at Cairo was accordingly instructed, on the 17th instant, by telegraph, to give the adhesion of this Government, if that of Egypt regarded it as material to the scheme, and I am since in receipt of advices that he has done so." Mr. Evarts, Sec. of State, to Mr. Drummond, July 30, 1880; MSS. Notes, Gr. A similar communication was addressed, the same day, to the representatives As to institution of international courts in Egypt, see Mr. Seward, Sec. of State, to Mr. Adams, April 13, 1868; MSS. Inst., Great Britain. (10) GOOD OFFICES FOR MISSIONARIES ABROAD. § 54. Missionaries sent out by religious communions in the United States to Mohammedau or pagan lands" are entitled to all the protection which the law of nations allows the Government to extend to citizens who reside in foreign countries in the pursuit of their lawful avocations, but it would be a source of endless embarrassment to attempt to reverse the decisions of regular tribunals” when such missionaries are condemned for teaching doctrines not tolerated by the secular power, in cases where there is no treaty guarantee for their toleration. Mr. Everett, Sec. of State, to Mr. Marsh, Feb. 5, 1853; MSS. Inst., Turkey. The Government of the United States, while protecting citizens of the United States in Turkey so far as concerns their international rights, cannot in any way assume a protectorship of Christian communions in Turkey, as is done by some European powers, nor in any way under take to determine their dissensions. Mr. Cass, Sec. of State, to Mr. Williams, Oct. 22, 1860; MSS. Inst., Turkey. "It is a matter of regret that the Christian missionaries of the United States and of Hawaii to the Micronesian group should have experienced any obstacle in the prosecution of their calling, and especially that they should have been wronged in their person and property by the savage aborigines. It is hoped that the vessel of war which, it is understood, has been ordered thither, will have the effect of preventing any further outrages upon our citizens. Our right, however, to demand redress for injuries to subjects of the Hawaiian Kingdom, independent, though a friendly state, may be regarded as questionable. We should, consequently, prefer not to direct an application to be made in their behalf, notwithstanding the connection between missionaries of this country and those of Hawaii, adverted to by Mr. Harris in his note to you of the 26th February. Still, as the native inhabitants of Micronesia are not understood to acknowledge the obligations of the law of nations, it will be competent for, and there would be no objection to, a United States naval commander interposing in behalf of any subjects of the Hawaiian Kingdom to protect them against any further injuries with which they might be threatened during his abode in Micronesia." Mr. Fish, Sec. of State, to Mr. Peirce, Apr. 6, 1870; MSS. Inst., Hawaii. The minister of the United States at Constantinople may employ his good offices with the Turkish authorities to obtain for the Syrian Protestant College authority to graut medical degrees. This privilege, however, is not to be claimed as a matter of right, either under public law or treaty, but merely as a mark of good-will. Mr. Fish, Sec. of State, to Mr. Brown, July 31, 1871; MSS. Inst., Turkey. "I have received your dispatch No. 28, of the 6th ultimo, inclosing correspondence between yourself and the vice-consul-general at Beirut, in regard to the amount of protection, if any, consuls can give to the teachers, pupils, and natives who have been converted through the ministry of the American missionaries, from persecution on account of their religious belief.' "In reply, I have to state that the general position and principles advanced by you on the subject are correct, and are within the provis. ion of the treaty between the United States and Turkey, and your communication to the vice consul-general is approved." Mr. Fish, Sec. of State, to Mr. Brown, Dec. 5, 1871; MSS. Inst., Turkey; For. This instruction was in response to the following: No. 457. Mr. Brown to Mr. Fish. No. 28. ] LEGATION OF THE UNITED STATES, Constantinople, November 6, 1871. (Received December 2.) "SIR: I have the honor to transmit to the Department copies of a correspondence with the consulate-general at Beirut, and to request most respectfully your instructions on the subject to which it relates. "I have very great respect for all of the American missionaries in all parts of this country, and many of them are personal friends. They are fully entitled to all the protection which the legation can secure for them. The opinions which I have expressed in my reply to the vice-consul-general are based upon my experience and knowledge of the feelings of the Turkish Government. I have, &c., JOHN P. BROWN. |