I have been led to believe that the Kurdish tribes in sympathy with the accused are willing to pay to the widow of Mr. Labaree the $20,000 which was conditionally rebated from the amount of the indemnity and that the prisoners expect release on such terms; but I now notify your excellency, in the most emphatic terms, that my government will never assent to or even consider such a disposition of the case. Gold can not atone for American blood. "Punishment according to the measure of their guilt" is the only reparation which my government will accept, and for this it relies upon the strict performance of the pledge above given forth in which you solemnly bind the honor and faith of Persia. I avail, etc., RICHMOND PEARSON. No. 62.] The Secretary of State to Minister Pearson. DEPARTMENT OF STATE, Washington, November 6, 1905. SIR: I have to acknowledge the receipt of your dispatch No. 121, of the 7th ultimo, in relation to the protection of witnesses in the Labaree case, and to commend the attitude taken in your note in which you requested the Persian Government to protect the said witnesses. I am, etc., ELIHU ROOT. NOTE. Subsequent correspondence will be printed in Foreign Relations, 1906. No. 119.] PERU. CITIZENSHIP OF CHINESE BORN IN HAWAII. Minister Dudley to the Secretary of State. AMERICAN LEGATION, Lima, Peru, May 17, 1905. SIR: A Chinaman, giving his name as Chung Dai Yau, called yesterday at this legation and requested a passport. It appearing that he had arrived in Peru from Panama the day before, and was without any acquaintance to attest a formal application therefor, he was told that it could not be issued to him. He was the bearer of a passport issued in due form under the territorial seal to Chung Dai Yau on February 5, 1903, by Sanford B. Dole, governor of the Territory of Hawaii; and he showed me also a copy of a certificate of his birth, certified on the same date at Honolulu, as correct by Alexander G. Hawes, jr., secretary to the governor. The birth certificate recited that Chung Dai Yau was born on July 14, 1879, of Chinese parents, in the district of Kona on the island of Oahu, in the Territory of Hawaii. The appearance of the young man before me tallied with the description of the passport, and his handwriting, when he wrote his name in my presence, was found to correspond satisfactorily to the signature, Chung Dai Yau, attached to the passport. He also submitted to my inspection two testimonials as to his character; one signed by J. T. De Bolt, judge circuit court, 1st circuit, Territory of Hawaii, and the other by James L. Holt, deputy assessor 1st division, Island of Oahu, Territory of Hawaii. In the first it is stated that the bearer had been Judge De Bolt's Chinese clerk and interpreter before the judge went upon the bench; and in the second that the bearer was in the employ of the tax department at Honolulu during 1900 and 1901, as a Chinese interpreter and clerk, and that he was a citizen of the United States by virtue of having been born in Hawaii. The request he made of me for passport was to enable him to land at Ancon, on the Canal Zone, or to be admitted into the United States or any American territory to which he might go. It appears from his statement that he left Honolulu to better his fortunes in May or June of 1903. Consul-General McWade's visé on the passport shows that its bearer was in Canton July 8, 1903, and an indorsement thereon by W. E. Days, inspector of immigration, that he landed at Manila December 22, 1903. After various vicissitudes in those parts, he proceeded to Salinas Cruz, Mexico, where he also met with disappointment, but was advised that his knowledge of English and Chinese would assure him lucrative employment at the Isthmus. He therefore took the Pacific Mail steamship City of Para, at San José de Guatemala and sailed for Ancon where he arrived the 12th or 13th of last month and where his present troubles began. The ship having come alongside the wharf at La Boca, he was preparing to disembark with the other passengers, when, in view of his obvious Chinese lineage, he was forbidden to do so by the purser of the ship and was prevented by a policeman at the end of the gang plank on the wharf. According to Yau's statement to me he produced the passport and the certificate of birth hereinabove referred to and they were submitted to some one on the shore; but whether to the proper American authority or to some one else, he was not able to inform me. At the end of several days, however, the papers were returned to him in a Pacific Mail envelope with the notification that as the passport had expired he could not be allowed to land. In consequence he has found his way down the coast to Peru, arriving at Lima without funds, and desirous of leaving for the Canal Zone or for the United States as soon as his finances again admit of his traveling. Though improper at present to issue him a passport, it seems quite clear that he is a citizen not merely of Hawaii but of the United States under section 4 of the act of April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii." If so, our Chinese exclusion law has no application to him, and I infer that he has the same right to enter the United States, or any territory or possession of the United States, or any place under their control, as any other American citizen. It is, however, impossible to distinguish by the outward semblance between individuals of the Chinese race who are citizens of the United States and those of them who are not; and I have the honor to inquire what evidence of personal identification and the fact of American citizenship would be exacted of one in the predicament of Chung Dai Yau to admit him into the United States, the Canal Zone, or one of our insular possessions; and whether he would be permitted to land pending the time necessary to secure from Hawaii such supplemental evidence, if any, as might be required. I have, etc., No. 360.] IRVING B. DUDLEY. The Acting Secretary of State to Minister Dudley. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch No. 1119, of the 17th ultimo, in regard to the case of Chung Dai Yau, a native of Hawaii, of Chinese parentage, claiming American citizenship under the provisions of Section IV of the act of April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii." In reply I have to inform you that as you are satisfied of the truth of the man's statements you may issue him a passport. The question of his admission to territory of the United States is under the jurisdiction of another Department. I am, etc., HERBERT H. D. PEIRCE. MESSAGE OF THE PRESIDENT OF PERU TO THE PERUVIAN CONGRESS. No. 1151.] Minister Dudley to the Secretary of State. AMERICAN LEGATION, Lima, Peru, August 1, 1905. SIR: I have the honor to mention that the Peruvian Congress assembled in ordinary session on the 28th ultimo. The organization of the two chambers shows that in each the government continues to have a strong majority. The opening ceremonies, held in a joint session, were attended, as is the custom, by members of the executive and judicial branches of the government who reside at the capital and by the diplomatic and consular corps at Lima. Under separate cover I inclose two copies of the message read by the President upon the occasion; and herewith inclose translation of extracts therefrom. I have, etc., IRVING B. DUDLEY. [Inclosure. Translation.] Extracts from the message to Congress of the President of Peru of July 28, 1905. The Peruvian Government has given instructions to its representative in Buenos Ayres to express to the Argentine Government the consent of Peru to the request of the Bolivian Government for the extension of ten months in the time fixed for the presentation of all documents for its defense in the question of limits submitted to the arbitration of the President of the Argentine Republic. And His Excellency the President of the Argentine Republic has thought fit to accede to the request fixing the 15th of May, 1906, as the definite date up to which both parties must present their respective documents. Our boundary questions with Brazil await the result of the protocol of July 12, 1904, which has been prorogued until the 31st of December of the present year. The mixed commissions stipulated in the said protocol are at the present moment carrying out the duties intrusted to them. On the 10th of May next there will convene at Rio the mixed arbitral tribunal charged with the settlement of the claims of Peruvians and Brazilians in consequence of the disturbances suffered by our citizens in the Perus and Yuruá. His Holiness Pius X has won the gratitude of the Republic by kindly permitting the apostolic nuncio at Rio to preside over the tribunal, thus assuring its decisions the stamp of wisdom and justice appropriate to its high functions. The representation of the Republic at Rio being newly provided for, my government is confident that within the extension agreed upon the final settlement of the boundary questions will be accomplished, or, in default thereof, that the arbitration agreed upon will be carried out. Inspired by a high spirit of confraternity, I celebrated, while I was minister for foreign relations, an agreement with the plenipotentiary of Colombia, Señor Tanco, for arbitration and the modus vivendi of April, 1904, which has not had the approval of the Government of Colombia. Various clauses of the recent treaty celebrated between Bolivia and Chile on October 20, 1904, gave rise to a protest of our foreign office, presented to both of those governments, in defense of the territorial rights of Peru in our provinces of Tacna and Arica, rights which were affected by the said treaty. Both governments replied that the said clauses do not bind Peru, since it took no part in the arrangement, nor do they diminish her territorial rights in the said provinces, which are subject to the conditions of the treaty of Ancon. But as the reply of the Chilean Government laid down doctrines which invoked rights that Chile does not possess over the aforesaid territories and at the same time invited us to open new negotiations in order to come to a definite settlement, my government, considering it a duty to continue the negotiations suspended since 1901, addressed another note to the Chilean Government, wherein after correcting those doctrines it accepted the invitation "to negotiate the execution of the treaty of Ancon as regards the provinces of Tacna and Arica, feeling at the same time convinced that nothing will contribute more to strengthen the corFR 1905-47 dial relations which should unite American nations than the faithful fulfilment of their international engagements and the bonds of their respective interests." My government has placed in charge of this mission our representative in Washington, Dr. Manuel Alvarez Calderón, whose competency and patriotism is well known. In consequence of the arrangement made with Ecuador for submitting the definite solution of our questions of limits with that Republic to the arbitration of the King of Spain, His Majesty, the arbiter, has sent as his special commissioner to study the archives of Lima and Quito Señor Ramón Menéndez Pidal.'" I have the satisfaction to inform you that our foreign office has concluded with the Government of Italy a general arbitration treaty, which will be submitted to you for your approval. Its conditions are more ample than those laid down in other treaties of a similar nature signed between the great powers and the South American nations. TREATY OF COMMERCE AND CUSTOMS REGULATIONS BETWEEN BOLIVIA AND PERU. No. 1213.] Chargé Neill to the Secretary of State. AMERICAN LEGATION, Lima, Peru, December 4, 1905. SIR: I have the honor to communicate for the information of the Department of State that a new treaty of commerce and customs regulations was signed on November 27, 1905, by the Peruvian minister for foreign relations and the plenipotentiary of Bolivia. The clause of the most-favored nation and the free importation granted to the limited trade on the frontier place the commercial relations between both countries on a footing of equity and perfect reciprocity, which insures them peaceful development. The Congress of Bolivia and that of Peru, both now in session, will approve and sanction this treaty as soon as possible. I have, etc., [Inclosure. --Translation.] RICHARD R. NEILL. Treaty of commerce and customs regulations between Peru and Bolivia. The Governments of Peru and Bolivia, animated by the purpose of rendering closer their commercial relations and of subjecting them to rules which harmonize with the requirements of their respective countries, have resolved to celebrate a new treaty of commerce and customs regulations, and with this object have appointed as their plenipotentiaries His Excellency the President of the Peruvian Republic, Dr. Javier Prado y Ugarteche, minister of state for foreign relations, and His Excellency the President of Bolivia, Colonel Benedicto Goytia, envoy extraordinary and minister plenipotentiary in Peru. Who, after having exhibited their full powers, which were found to be in good and due form, have agreed upon the following: ARTICLE 1. Peru and Bolivia establish their commercial relations on the basis of the most complete reciprocity. ART. 2. Both countries agree to the free commercial transit of all the natural and industrial products of each country and such foreign ones as are introduced by routes by Mollendo and Puno to La Paz and from Mollendo to Pelechuco via Cojata, and vice versa. ART. 3. Peru and Bolivia are fully at liberty to levy import duties or local taxes on the natural industrial or manufactured products of one or the other country which may be introduced into their respective territories. ART. 4. Both countries oblige themselves to grant reciprocally the same advantages or commercial immunities which they concede to the most-favored nation in such a manner that if one of the contracting parties should stipulate or may have stipulated with a third power that the natural industrial or manufactured products of the said country may be introduced into its respective territory free of import duties or local taxes or that those that they pay |