shall be in a lesser degree or proportion than those which the goods of the other contracting party have to pay the latter shall de facto enjoy the same reductions, immunities, and concessions, because in no case can the articles of one of the contracting parties be charged in that of the other with heavier taxes, duties, assessments, or tariffs than those existing in those countries for the similar products of the most-favored nation, nor can they be placed in an inferior condition to those of any other country. ART. 5. Cattle of any kind intended for the consumption of Peru or of Bolivia which may pass through the territory of the other country can not be charged with any tax except that of the tolls which are already established or which may be established hereafter for the transit of the cattle belonging to the country in which the tax is collected. ART. 6. In view of the reciprocal conveniences of the taxpayers of the frontier zones of both republics the importation of the following articles, provided they proceed from one or other of the two countries, shall be free from every government or municipal tax in Peru or in Bolivia and exempt from all consular or custom-house documents, viz: Fresh fruits, fresh fish, fresh shrimps, fresh meat, cheese, milk, eggs, potatoes, corn flour, quinoa, cañagua, maize, barley in grain. No government or municipal tax shall also be collected between the two countries on the following articles within the limits already expressed: Jerked meat, up to 10 kilograms; dried meats and sausages, up to 23 kilograms; butter, up to 6 kilograms; sheep's wool, alpaca, or llama wools, up to 12 kilograms; coca, up to 12 kilograms; cocoa, up to 6 kilograms; coffee, up to 12 kilograms; and chocolate, up to 5 kilograms. ART. 7. In order to prevent the clandestine and fraudulent introduction of merchandise to the respective territory of each of the high contracting parties, there shall be established a special protocol of the customs regulations, to which must be subjected the importation or exportation of goods in transit by the Mollendo route. ART. 8. The treaty of June 7, 1881, is hereby annulled in all its parts, as also the complementary protocols originating therefrom. ART. 9. The present treaty, once it is ratified and interchanged, shall commence to come in force on the 1st of July next, up to which date the present treaty of commerce of 1881 shall remain in force. ART. 10. This treaty shall remain in force for a period of five years, which shall be understood to be prorogued indefinitely as long as its expiration is not declared by one of the two contracting parties, in which case the notice of the denouncement shall be given to the other party with one year's anticipation. ART. 11. All the questions which may arise as regards the meaning and execution of the present treaty, and which can not be settled directly between the two parties, shall be submitted to arbitration, in accordance with the general treaty of arbitration between the two countries dated November 21, 1901. In proof of which both plenipotentiaries have signed the present treaty, in duplicate, sealing it with their respective private seals, in Lima, November 27, 1905. SIR: I have the honor to forward herewith copy, with translation, of the commercial convention concluded between Portugal and Switzerland and signed at Berne on the 20th of this month. I have, etc., CHARLES PAGE BRYAN. [Inclosure. Translation.] Commercial convention between Switzerland and Portugal, the Federal Council of the Swiss Confederation and His Majesty the King of Portugal and of the Algarves equally inspired by the wish to regulate the commercial relations of the two countries, have resolved to conclude a special convention for that purpose, and have named as their plenipotentiaries: The Federal Council of the Swiss Confederation: Dr. Adolphe Deucher, a federal councilor. chief of the department of commerce, industry, and agriculture, and His Majesty the King of Portugal and of the Algarves: His Excellency Alberto Oliveira, his envoy extraordinary and minister plenipotentiary to the Swiss Confederation, who, having exchanged their full powers, found in good and due form, have agreed upon the following articles: ARTICLE 1. The contracting parties mutually guarantee to each other the treatment accorded to the most favored nation in all that concerns importation, exportation, and transit. ARTICLE 2. In consequence of the agreement contained in the preceding article, it is agreed that cheeses of Swiss origin shall enjoy, on their entry into Portugal, the same privileges accorded to the cheeses of Holland or of any other country. ARTICLE 3. The particular brands of Portuguese wines (that is to say, Port and Madeira) at ther normal alcoholic test (23 maximum for Port and 21 for Madeira) will be admitted into Switzerland upon the same terms as the special Italian brands, Marsalia, Malvasia, Muscato, and Vernaccia, or of any other country whatever, without being subjected to any monopolizing tax, nor to any supplemental tax. The same treatment will be accorded by Switzerland to the wines of Malvoisie and Musest coming from Portugal, as well as to the Portuguese specialties called Carcavellos, Lavradio, Fuzeta, Borba, Dâo, and Barraida, of no higher test than 18 of alcohol. ARTICLE 4. It is understood that the special concessions already granted or which may be granted in the future by Portugal to Spain and Brazil are not included in the most-favored-nation clause. However, if Portugal should extend these concessions to any other country whatsoever, they will be immediately extended to Switzerland. ARTICLE 5. The terms of this convention are applicable, without exception, to the so-called adjacent Portuguese islands-that is to say, Madeira, Porto-Santo, and the Azores. ARTICLE 6. The products of Portuguese colonies, reexported from Portugal to Switzerland, shall have, on entry into the latter country, the benefit of the treatment of the most favored nation. ARTICLE 7. The present convention will come into force immediately after the exchange of ratifications and remain in force five years from that date. In the event that either of the contracting parties fail to give notice twelve months before the end of this period, of its intention to annul this convention, the same shall remain in force until the expiration of a year from the day when one of the contracting parties shall have denounced it. ARTICLE 8. The present convention will be ratified, and the ratifications shall be exchanged at Berne, as soon as possible. In faith whereof, the plenipotentiaries have signed the present convention and have affixed thereto their seals. Done in duplicate at Berne the twentieth of December one thousand nine hundred and five (1905). Dr. A. DEUCHER. [L. S.] RUSSIA. CONTRABAND OF WAR. PRIZE COURT DECISIONS. NOTE. For previous correspondence see Foreign Relations, 1904, p. 727 [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, January 4, 1905. (Mr. Hay instructs Mr. McCormick to ascertain the status of the Calchas, whether the appeal by the Russian procurer was against the entire decision of the Vladivostok prize court covering vessel and cargo; and if appeal did not extend to the cargo to ascertain what disposition was made of the merchandise declared to be noncontraband.) The Acting Secretary of State to Ambassador McCormick. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, January 5, 1905. (Mr. Adee advises Mr. McCormick that in conformity with Mr. Eddy's telegram of December 13, 1904, interested claimants have been informed that all appeals from decisions of the Vladivostok prize court must be filed in St. Petersburg; that his letter of December 20, 1904, states that appeals in the case of the Arabia and the Calchas must be filed at Vladivostok. Asks to be informed which statement is right. and whether Mr. Berline has received powers of attorney sufficient in form to enable him to effect appeals.) Chargé Eddy to the Secretary of State. [Telegram.] AMERICAN EMBASSY, St. Petersburg, January 6, 1905. Replying to telegram fourth, regarding Calchas, ship itself was liberated as well as 1,712 tons various goods. There were confiscated 13,300 sacks of flour, 36 bales of cotton, 472,420 pounds of timber, 77 pieces of electric machinery held over without definite decision. Against this entire decision appeal was made by the Russian procurer. Have telegraphed to Greener, asking him for information regarding whereabouts liberated cargo. EDDY. Chargé Eddy to the Secretary of State. [Telegram. Paraphrase.] AMERICAN EMBASSY, St. Petersburg, January 6, 1905. (Mr. Eddy requests that a formal statement declaring that the Department of State has been unable to communicate direct with Vladivostok be sent to him as evidence in assisting the postponement of the prize cases before the admiralty court.) The Acting Secretary of State to Ambassador McCormick. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Loomis advises Mr. McCormick that the Department of State and the American claimants did not fail to appreciate the duty of prompt action in the matter of appeals from the decisions of the Vladivostok prize court, but that serious delays and difficulties were experienced in the efforts to communicate directly with Vladivostok. The Department decided to send its communications through the American embassy at St. Petersburg, and they were then transmitted to the United States commercial agent at Vladivostok, and as soon as instructions in regard to appeals were received by the Department they were immediately communicated to all interested American claimants. The American claimants endeavored to communicate directly with the commercial agent at Vladivostok, and complained to the Department that they had been unable to get into communication with him. The Department also sought advices from the Russian foreign office through the American embassy as to the procedure, and as soon as received these advices were immediately transmitted to the interested parties. Delays and misunderstandings arose as to whether appeals must be initiated from the Vladivostok prize court or the council of admiralty. The claimants were required to execute powers of attorney in the Russian language, to have them legalized by Russian consuls in the United States, and to have them transmitted by cable by the latter. The Department was advised by several claimants that they had been informed by Russian consuls that they had no instructions and declined to transmit the powers of attorney. Not until December 23 last was the Department advised by the American embassy at St. Petersburg that the Russian foreign office had instructed their consuls to telegraph powers of attorney in all contraband cases, and the American claimants were immediately advised to that effect. In consideration of the importance of the questions involved and the |