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Mr. MacVeagh to Mr. Gresham.

No. 15.]

EMBASSY OF THE UNITED STATES,

Rome, April 10, 1894. (Received April 23.) SIR: On the 3d instant I sent you the following cablegram:

Delzoppo and Rinaldi found pursuant your cable January 26 and watched, but arrest impossible without warrant. Agent has never appeared with warrant. Italian Government now asks very prompt action as fugitives intend leaving country.

To this I received next day your reply, as follows:
Will Italian Government surrender Delzoppo and Rinaldi upon proof of guilt?

To my inquiry, dated the 4th instant, I this morning received a note from the minister of foreign affairs stating that the Government of the King could never consent to the extradition of its own subjects, but that the authorities were ready on presentation of the necessary documents to arrest and place on trial here Michele Delzoppo and Antonio Rinaldi.

On receipt of this note I to-day cabled you as follows:

Italian Government refuses surrender its subjects, but offers on arrival proof of guilt to arrest and try Delzoppo and Rinaldi here. I am, etc.,

WAYNE MACVEAGH.

[Inclosure 1 in No. 15.)
Mr. Mac Veagh to Baron Blanc.

EMBASSY OF THE UNITED STATES,

Rome, April 4, 1894. YOUR EXCELLENCY: On receipt of the note from the ministry for foreign affairs, dated the 2d instant, informing this embassy that Michele Delzoppo and Antonio Rinaldi, two criminals who are wanted in the United States for trial on a charge of murder, were at present under the surveillance of the police, the one at Alexandria and the other at Matrice, I telegraphed my Government as follows:

Delzoppo and Rinaldi found pursuant your cable January 26 and watched, but arrest impossible without warrant. Agent has never appeared with warrant. Italian Government now asks very prompt action as fugitives intend leaving country,

To the above telegram I have received the following reply:
Will Italian Government surrender Delzoppo and Rivaldi upon proof of guilt!

I would be obliged if your excellency would enable me to make an immediate reply to this telegram. I avail, etc.,

WAYNE MACVEAGH.

(Inclosure 2 in No. 15.— Translation.]
Baron Blanc to Mr. Mac Veagh.
MINISTRY FOR FOREIGN AFFAIRS,

Rome, April 9, 1894. MR. AMBASSADOR: In reply to the esteemed note of your excellency of the 4th instant I have the honor to inform you that the Government of the King could never consent to the delivery in extradition of two of

its subjects. The authorities of the Kingdom are ready, as soon as your excellency furnishes me with the necessary documents, to arrest Michele Delzoppo and Antonio Rinaldi and put them on trial. Accept, Mr. Ambassador, etc.,

BLANC.

Mr. Uhl to Mr. Mac Veagh. No. 18.]

DEPARTMENT OF STATE,

Washington, April 24, 1894. SIR: I have received your dispatch No. 15, of the 10th instant, relative to the extradition of the fugitives Michele Delzoppo and Antonio Rinaldi, with which you transmit a copy of the note of the minister for foreign affairs stating that the Italian Government 6 could never consent to the delivery in extradition of its subjects.”

Upon receipt of your telegram of the 10th instant, conveying the same information, the Department communicated it to the governor of New York. No further action will be taken in the case without the request of the authorities of that State. It is deemed proper, however, that you should state to the Italian minister for foreign affairs that while this Government will not at this time insist upon its rights under the treaty between the two Governments, it, nevertheless, does not waive such rights nor acquiesce in the view taken by the Government of Italy. I am, etc.,

EDWIN F. UAL,

Acting Secretary.

JAPAN.

FRIENDLY OFFICES TO CHINESE IN JAPAN.'
Mr. Gresham to Mr. Dun.
[Telegram.)

DEPARTMENT OF STATE,

Washington, July 26, 1894. Japan acceding, you may act as custodian Chinese legation and afford friendly offices for protection Chinese subjects in Japan either directly or through consuls acting under your instructions, but you will not represent China diplomatically.

Mr. Gresham to Mr. Dun.

[Telegram.]

DEPARTMENT OF STATE,

Washington, August 3, 1894.. Our minister to China was promptly instructed to exercise good offices for Japan, as requested, and he has informed the Department that he is doing so.

Mr. Gresham to Mr. Dun.

No. 101.]

DEPARTMENT OF STATE,

Washington, August 29, 1894. SIR: The action of the Government of China in committing the interests of its subjects in Japan to the care of the diplomatic representative of the United States during the existence of hostilities between Japan and China renders it expedient that you should be instructed as to the nature of your duties in the delicate situation in which you are thus placed.

The Chinese Government, when it solicited the interposition of our diplomatic representative in Japan in behalf of Chinese subjects during hostilities, was informed that such interposition would be permitted with the consent of the Japanese Government. Such consent has been given. Moreover, the diplomatic representative of the United States at Peking has, at the request of the Japanese Government and with the consent of the Government of China, been charged with the care of the interests of Japanese subjects in the latter country pending hostilities.

* See also China.

The function with which you are thus charged, with the consent of the Government to which you are accredited, is one that calls for the exercise of personal judgment and discretion. It is an unofficial, not an official, function. A minister of the United States can not act officially as the diplomatic representative of another power, such an official relation being prohibited by the Constitution of the United States. But apart from this fact the circumstances under which the function in question is to be discharged imply personal and unofficial action. The state of war into which Japan and China have entered is inconsistent with the continuance of diplomatic intercourse between them. Your position is that of the representative of a neutral power, whose attitude toward the parties to the conflict is that of impartial amity. Your interposition in behalf of the subjects of one of them is not to be considered as an act of partisanship, but as a friendly office performed in accordance with the wishes of both parties. This principle you are constantly to bear in mind, in order that, while doing what you can consistently with international law for the protection of the interests of Chinese subjects in Japan, you may not compromise our position as a neutral.

By consenting to lend its good offices in behalf of Chinese subjects ir. Japan, this Government can not assume to assimilate such subjects to citizens of the United States, and to invest them with an extraterritoriality which they do not enjoy as subjects of the Emperor of China. It can not assume to hold them amenable to the laws of the United States or to the jurisdiction of our minister or consuls, nor can it permit our legation or consulates to be made an asylum for offenders against the laws from the pursuit of the legitimate agents of justice. In a word, Chinese subjects in Japan continue to be the subjects of their own sovereign, and answerable to the local law to the same extent as heretofore. The employment of good offices in their behalf by another power can not alter their situation in this regard.

On several prior occasions the Government of the United States has permitted its diplomatic and consular representatives to exercise their good offices in behalf of the citizens or subjects of a third power, as in Mexico in 1867, and in the Franco-German war in 1870. For many years good offices have been exercised by our diplomatic and consular representatives in behalf of citizens of Switzerland in China, as well as in other countries where the Swiss Republic is without such representatives. In this relation it is proper to refer to an instruction of this Department to its diplomatic representative in China, of July 25, 1872, in which the protection to be extended by our minister and consuls to Swiss citizens in that country is defined as follows:

The protection referred to must necessarily be confined to the personal and unoffi. cial good offices of such functionaries. Although when exercised to this extent merely this can properly be done only with the consent of the Chinese Governnient, that consent must not be allowed to imply an obligation on the part of a diplomatic or consular officer of the United States in that country to assume criminal or civil jurisdiction over Swiss citizens, or to make himself or his Government accountable for their acts.

But, while you are to act unofficially, you will carefully examine any complaints that may be laid before you in behalf of Chinese subjects, and make such representations to the Japanese Government as the circumstances may be found to warrant; and in all ways you will do what you can, consistently with the principles heretofore stated, for the protection of Chinese subjects in Japan and their interests. I am, etc.,

W. Q. GRESHAM.

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No. 109.)

DEPARTMENT OF STATE,

Washington, September 1, 1894. SIR: I have to acknowledge receipt of yours of the 31st of July, with which was inclosed copy of your instruction to the United States consuls in Japan to use their good offices to protect Chinese subjects in Japan.

Mr. Gresham's telegraphic instruction, sent to you on the 29th ultimo and confirmed in mine of the 31st ultimo, will suggest to you the proper limitation to be set to the exercise of the unofficial good offices of our consuls as the representatives of a friendly power and not as charged with Chinese consular functions. I am, etc.,

EDWIN F. UAL,

Acting Secretary.

Mr. Dun to Mr. Gresham.

No. 157.1

LEGATION OF THE UNITED STATES, Tokyo, Japan, September 1, 1894. (Received Sept. 22.) SIR: On the 27th ultimo I received from Mr. Jernigan, United States consul-general at Shanghai, a telegram to the effect that two Japanese, accused by the Chinese authorities of being spies, were at that time in his consulate; that the alleged spies were boys; that they had been students at Shanghai for three years, and that they had papers in their possession such as any intelligent boys might have. Mr. Jernigan requested me to act promptly in behalf of the accused young men.

I felt that it was difficult for me to do anything in the matter. However, I called at the foreign office here and ascertained that the young men in question were, as stated by Mr. Jernigan, students, and was assured by Mr. Hayashi, vice-minister for foreign affairs, that they were entirely guiltless of the offense charged. At Mr. Hayashi's request, I telegraphed to Mr. Jernigan to wire me the names of the young men, and also telegraphed to Mr. Denby that the young men were not spies, and asked him if the Chinese Government would not postpone action in the matter until his father, Minister Denby, arrived, stating that he was expected here on September 2. I have the honor to inclose reading of my telegram to Mr. Denby herewith.

I have since ascertained that I was misinformed as to Minister Denby's movements, and that he will not reach Japan at the time named in my telegram.

I also have the honor to inclose copy of a statement prepared by Mr. Yenjiro Yamada, late of the Japanese consulate-general at Shanghai, in regard to the two young men. I have sent a copy of this statement to Mr. Jernigan for his information.

It seems that the young men accused of being spies are students in a commercial school established some years since at Tokyo, with a branch at Shanghai, the object of which was to impart a knowledge of the commerce of China and Japan and to promote the trade relations between the two countries. I have, etc.,

Edwin Dun.

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