The Acting Secretary of State to Chargé Sleeper. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, September 21, 1905. (Mr. Adee informs Mr. Sleeper that the Cuban minister expressed his regrets at the deplorable outrage at Cienfuegos and promises of vigorous action by the Cuban Government toward the punishment of the perpetrators. This exhibition of good will by the Cuban Government is highly appreciated by the Government of the United States.) No. 147.] The Acting Secretary of State to the Cuban Minister. DEPARTMENT OF STATE, Washington, September 23, 1905. SIR: I have the honor to acknowledge the receipt of your note of the 21st instant, in which you quote your government's telegram expressing its deep regret at the deplorable outrage perpetrated on the American consulate at Cienfuegos, and renew the assurances previously given that no effort will be spared to punish the offender. I have the honor to say that the good will thus exhibited by the Cuban Government is highly appreciated by this government. Accept, etc., No. 1343.] ALVEY A. ADEE. Chargé Sleeper to the Secretary of State. AMERICAN LEGATION, Habana, Cuba, September 23, 1905. SIR: In confirming my telegram of the 20th instant, relative to the besmirching of the door and escutcheon of the American consulate at Cienfuegos, I have the honor to transmit to the Department herewith copy of my notes to the foreign office of the 20th and 22d instant, respectively, and translations of foreign office notes of the 20th and 21st instant, the former of which was handed me by Mr. Hevia, director of the department of state, in person. I also inclose a partial report from Vice and Deputy Consul Vincent P. Lombard at Cienfuegos, and confirm on the overleaf the remaining telegrams bearing on the matter. The result of the investigations made by the government and Mr. Lombard's further report will, I trust, throw more light on the subject and will be communícated to the Department at the earliest possible YOUR EXCELLENCY: It is with profound regret that I call to your excellency's attention the besmearing with excrement of the escutcheon and door of the American consulate at Cienfuegos last night. FR 1905-19 This, unfortunately, is not the first occurrence of this kind, as the legation was forced to call the attention of the foreign office to an act of similar nature which took place on the night of January 30, 1904. I refer you to Mr. Squiers's personal note to Mr. Zaldo of January 31, 1904.a In bringing this disgraceful affair to your excellency's notice I respectfully and earnestly request that prompt and vigorous action be taken toward the apprehension and punishment of the guilty party or parties and that no effort be spared to prevent a recurrence of such a deplorable act. Reserving the right to make further representations regarding this incident after consultation with my government and requesting that your excellency advise me of the result of your investigation at the earliest possible moment, I take the occasion to renew, etc., JACOB SLEEPER. [Inclosure 2.-Translation.] The Secretary of State and Justice to Chargé Sleeper. DEPARTMENT OF STATE AND JUSTICE, MR. CHARGÉ D'AFFAIRES: With most profound regret I have the honor to inform your honor that, according to a telegram received by the secretary of government from the mayor of Cienfuegos, persons unknown last night besmirched the door and escutcheon of the American consulate in that city. This act, similar to that committed on January 31, 1904, shows an unworthy and insistent intention on the part of its perpetrators to provoke friction by these reprehensible means between the Government of this Republic and that of your honor. Since, however, the sentiments of sincere sympathy that exist in Cuba for the American nation are known to the Government of the United States, it is hoped that even so criminal an act may in no wise weaken the bonds of close and loyal friendship which unite the two countries. And your honor will also permit me to say that the government most energetically protests against such an attempt and profoundly deplores its consummation. In addition I take pleasure in informing you that a scrupulous and urgent investigation has been ordered in order to procure the punishment of those who are found to be the perpetrators. The above had been written when I had the honor to receive your polite note of to-day relative to the same matter. I can assure your honor that no effort will be spared to secur the apprehension and just punishment of the guilty parties and that every precaution will b taken to avoid the repetition of so regretable an occurrence. I reiterate, etc., JUAN F.O'FARRILL. [Inclosure 3.--Translation.] The Secretary of State and Justice to Chargé Sleeper. DEPARTMENT OF STATE AND JUSTICE, MR. CHARGÉ D'AFFAIRES: I have the honor to inform your honor that, having brought the occurrence of the 19th instant at the American consulate in Cienfuegos to the knowledge of the prosecuting attorney of the supreme court, he communicates to me, under date of yesterday, that he has instructed the prosecuting attorney of the court of Santa Clara by telegraph to institute and carry through the case immediately in that city, visiting in person the place where the occurrence took place, so that the person culpable of so execrable an act shall be discovered and punished at once. JUAN F. O'FARRILL I reiterate, etc., a Foreign Relations 1904, p. 237. [Inclosure 4.] Chargé Sleeper to the Secretary of State and Justice. AMERICAN LEGATION, Habana, September 22, 1905. YOUR EXCELLENCY: I have the honor to acknowledge receipt of your excellency's polite notes of the 20th and 21st instant, respectively, relative to the outrage recently perpetrated upon the American consulate at Cienfuegos, and beg to convey to your excellency the appreciation of my government at the efforts now being made by the Cuban authorities to discover the author or authors of so despicable an act. Trusting that I may shortly be in a position to advise my government of the discovery and apprehension of the guilty party or parties, I take the occasion, etc., No. 548.] The Secretary of State to Minister Squiers. JACOB SLEEPER. DEPARTMENT OF STATE, Washington, October 3, 1905. SIR: I have to acknowledge the receipt of Mr. Sleeper's No. 1343, of the 23d ultimo, in regard to the besmirching of the door and escutcheon of the consulate at Cienfuegos. The Department's telegram of the 21st ultimo has made known to the legation the Department's appreciation of the good will of the Cuban Government in this matter, as exhibited in both oral and written communications by the Cuban minister here. The sentiments of sincere regret and reprobation contained in Mr. O'Farrill's note of September 20 to Mr. Sleeper give additional gratification to the Department, which does not doubt that every effort will be put forth to apprehend and punish the guilty parties and to prevent a recurrence of the offense. I am, etc., ELIHU ROOT. DENMARK. ARBITRATION TREATIES CONCLUDED BY DENMARK WITH RUSSIA, GREAT BRITAIN, SPAIN, AND ITALY. No. 362.] Minister Swenson to the Secretary of State. AMERICAN LEGATION, Copenhagen, March 30, 1905. SIR: I transmit herewith for your information a copy of an arbitration treaty concluded at St. Petersburg between Denmark and Russia under date of the 1st instant. The Danish Rigsdag gave its required sanction to the instrument yesterday, no opposition manifesting itself; and the ratifications will shortly be exchanged at St. Petersburg. I have, etc., LAURITS S. SWENSON. [Inclosure. Translation.] CONVENTION. His Majesty the King of Denmark and His Majesty the Emperor of all the Russias, signatories of the convention for the pacific settlement of international disputes, concluded at The Hague on the 29th of July, 1899, desiring, pursuant to the principles set forth in articles 15-19 of the said convention, to enter into negotiations for the conclusion of a compulsory arbitration convention, have named as their plenipotentiaries: His Majesty the King of Denmark; Mr. Paul Ludvig Ernst de Lovenorn, His Majesty's chamberlain and envoy extraor dinary and minister plenipotentiary to the Imperial Russian Court; and His Majesty the Emperor of all the Russias; His Excellency Count Lamsdorf, His Majesty's secretary of state, actual privy counselor and minister for foreign affairs, who after having delivered to each other their full powers, which were found to be in good and proper form, have agreed upon the following articles: ARTICLE 1. The high contracting parties bind themselves to submit to the permanent court of arbitration established at The Hague by the convention of the 29th July, 1899, those differences that may arise between them in so far as they do not concern the independence of the countries concerned or their vital interests or the exercise of their sovereignty and in so far as it has not been possible to reach an amicable settlement through direct diplomatic negotiations. ARTICLE 2. Each party determines the question to what extent the controversy arisen concerns its independence, its vital interests, or the exercise of its sovereignty which, in consequence of its character, belongs to those which, in consequence of the foregoing articles, are excepted from the obligation of arbitration. ARTICLE 3. The high contracting parties bind themselves not to maintain exceptions with reference to the foregoing article in the following cases: 1. Cases of differences relating to the interpretation or application of any agreement which is concluded or shall be concluded between the high contracting parties, and which concern: a. Subjects of international private right; b. The regulation of those associations of commerce and industry which are lawfully organized in one of the countries; c. Questions of the civil or the criminal procedure and relative to extradition. 2. In cases of differences concerning pecuniary claims when the obligation to pay an indemnity, or any other payment, is acknowledged in principle by the parties. ARTICLE 4. The present convention is applicable, although the questions in dispute that may arise may have their origin in facts that antedate its conclusion. ARTICLE 5. It is understood that the foregoing articles are not applicable to such differences between subjects of the two contracting states or between a subject of one of these states and the other state, which the courts of the respective states, in accordance with their laws, may be competent to adjudicate. ARTICLE 6. When there is occasion for an arbitration between them, the high contracting parties will, in case there be no compromising exceptions to the contrary, as regards the designation of arbitrators and the procedure of arbitration, conduct themselves according to those stipulations which are established at The Hague by the convention of the 29th July, 1899, relative to the pacific settlement of international disputes with the exception of what concerns the points set forth hereafter. ARTICLE 7. None of the arbitrators can be subjects of those states which are signatories to the present convention or have a residence in their territory. They may not have any interests in those questions which may be the subject of arbitration. ARTICLE 8. If occasion, therefore, should arise, the decision of arbitration shall contain a statement of the periods of time within which it shall be carried out. ARTICLE 9. The compromise provided for in article 31 of the convention of July 29 shall fix a period within which the exchange of the memoranda and documents which bear on the object of the dispute shall take place. This exchange shall in every case be concluded before the beginning of the meetings of the arbitral tribunal. These stipulations in no way affect what is determined by The Hague convention with reference to the phase of the arbitration procedure (article 39), particularly the stipulations in articles 43-49. ARTICLE 10. The present convention shall continue in force for ten years from the date of the exchange of ratifications. In case neither of the high contracting parties shall, within this period, have declared its intention to terminate its operation, the convention shall continue in force until the expiration of one year from the day when one or the other of the high contracting parties shall have denounced it. ARTICLE 11. The present convention shall be ratified at the earliest possible date, and the ratifications shall be exchanged at St. Petersburg at the latest, the 14/1 April, 1905. In witness whereof the plenipotentiaries have subscribed the present convention and affixed their seals thereto. Done as St. Petersburg, the 1st day of March, the 16th day of February, 1905. P. LOVENORN. |