No. 230.] Mr. Hay to Mr. Merry. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch No. 240 of the 24th ultimo, reporting that the Nicaraguan minister for foreign affairs verbally requested you to order the hauling down of the American flags over the stores of American citizens in Bluefields, and that you declined to accede to his request. The display of the flag, not as denoting extraterritorial jurisdiction, but as indicating the foreign ownership of the property covered thereby, has become so far a usage in countries liable to domestic disturbances as to warrant its convenient continuance. In this view of the matter your action in declining to order the owners to remove the flags is approved by the Department. I am, etc., JOHN HAY. Mr. Merry to Mr. Hay. No. 251.] LEGATION OF THE UNITED STATES OF AMERICA, San José, Costa Rica, May 9, 1899. SIR: I have the honor to inclose herewith the list of parties organized at Bluefields for the purpose of aiding the revolt of General Reyes. I regret that it is not complete, as there were in all 42 returned to New Orleans on steamship Condor. I was informed that the Americans numbered 28. I am under the impression that some of the missing names were not registered by anyone in Bluefields, and the parties themselves would not be likely to furnish them willingly. I shall write to Mr. Clancy, consular agent at Bluefields, to see if the local Government will furnish him a complete list of the 42 passports issued. The inclosed list I was furnished by Mr. Consul Sorsby. With assurances, etc., WILLIAM LAWRENCE MERRY, [Inclosure.] List of "Rough Riders" aiding General Reyes at Bluefields, Nicaragua, between J. M. Boate, American. E. S. Beale, American. February 3 and 25, 1899. Jno. Teal, American. Bert Umstead, American. Isaac Vincent, American. Geo. Winchester, American. A. K. Silva, Cuban. Henry Carlonson. Swede. E. G. Sturidge, Jamaican. No. 252.] Mr. Merry to Mr. Hay. SAN JOSÉ, COSTA RICA, May 9, 1899. SIR: Respectfully requesting reference to your No. 217, dated April 17, I desire to state that before its receipt I had telegraphed from Managua to Mr. Sorsby, at Bluefields, supporting his decision as to refusal to testify before the Torres court-martial. Three days prior to my departure from Bluefields the dispatch reached me, when the matter had already been dropped by General Torres. Although aware that within the limitations explained in your instruction consular officers might be required to testify before the civil courts of the country to which they are accredited, I arrived at the conclusion that such evidence could not be properly given before a court-martial. The English vice-consul, taking the same ground, appeared, and after giving his name and address, refused to testify without the order of his superior, who has supported him. I was also influenced by the desire to avoid a dangerous precedent. Martial law is often declared in the Spanish-American Republics during the time of peace, as at Bluefields, for political purposes. If these military courts are authorized to demand the presence of our consular officers as witnesses there is no limit to the possibility of abuse resulting therefrom, as no restriction will be placed by them upon the information they will ask for, and the privileged consular information will thus be accessible to them. In the case of Mr. Clancy it was doubly dangerous, because, not understanding Spanish, he would have no means of knowing if his evidence was correctly translated. Instances have occurred recently at Bluefields where the hired Government translator tried to have recorded what the foreign witness had not stated, but, the witness understanding Spanish, he was promptly corrected and reprimanded by the witness. The matter having been practically closed, and no demand made upon me for consular evidence after my arrival at Bluefields, the precedent is now established that before courts-martial in Central America ministers and consular officers need not testify-a position which I respectfully suggest may be of importance hereafter. Had I received your No. 217, dated April 17, in time, I should, of course, have strictly obeyed the instruction. With assurances, etc., WILLIAM LAWRENCE MERRY, Mr. Merry to Mr. Hay. No. 288.] LEGATION OF THE UNITED STATES OF AMERICA, San José, Costa Rica, July 25, 1899. SIR: As supplementary to my No. 251, of May 9, I have the honor to inclose herewith a complete list of all Europeans and Americans sent away from Bluefields under arrangement made by Commander Symonds, U. S. N., and Captain Burr, H. B. M. N., with General Reuling, Nicaraguan army, after the Reyes revolt in March last. copy of their names is kept at this legation for future reference. With assurances, etc., WILLIAM LAWRENCE MERRY, A [Inclosure.] List of Americans and Europeans sent from Bluefields to New Orleans and Mobile under arrangement made by General Reuling, Nicaraguan army, and Commander Symonds, U.S. S. Marietta, and Commander Burr, H. B. M. S. Intrepid, March, 1899. American.-Edward Henrotin, Isaac H. Vincent, Ogden S. Beale, Thos. D. Frey, John Hay, E. S. Newman, O. L. Simmons, C. G. Ausburn, D. C. Laws, jr., Howard White, P. F. Connors, J. T. Teel, J. T. Floyd, J. M, Beale, D. R. Lyons, J. M. Harpen, J. A. Harland, J. H. Cutting, T. A. Wallace, B. D. Garrison, T. J. Whalen. A. L. Chapman, Alex. F. Tarin, James C. Kennedy, J. H. Hosgard, Geo. H. Haymond, Geo. W. Winchester, W. E. Payne, R. M. Hudson, J. C. Coultoen, M. J. O'Brien, Dan Crimins. Norwegian.-Martin Lorentzson, Moritz Tagon, Henry Carlson, G. W. Henson, John Zeitz, Robert Roiley. Russian.-J. Herling. English.-F. W. Chapman, Dan'l Fisher, Edward G. Sturidge, H. H. Vojs, Jno. Thompson, Chas. A. Campbell, Fred. H. Cornell. German.-Jack Martin. Dane.-H. P. Hanson. Cuban.-A. R. Silver. Austrian.-H. Klien. Creole.-Colored boy. No. 305.] COPYRIGHT IN COSTA RICA. Mr. Merry to Mr. Hay. LEGATION OF THE UNITED STATES OF AMERICA, San José, Costa Rica, August 30, 1899. SIR: I have the honor to forward herewith decree (inclosure No. 1) to be published on September 4 by the Government of Costa Rica, establishing international copyright between the Republic and the United States. When proclamation is made at Washington will you kindly send two copies thereof to this legation. As the decree refers to the preexisting law on that subject, I also forward a copy of the Official Gazette,1 dated June 30, 1896 (inclosure No. 2), for the further information of the Department of State. With assurances, etc., WILLIAM LAWRENCE MERRY, [Inclosure-Translation.] Rafael Yglesias, Constitutional President of the Republic of Costa Rica. Inasmuch as the Federal law of the United States of North America guarantees to foreigners the rights of literary ownership that the laws of that Republic concede to its citizens, on the condition that the nation of such foreigners declares equal advantages to the citizens of North America; In view of the action taken by the honorable envoy extraordinary and minister plenipotentiary of the United States in Costa Rica that there be made effective in the Republic the reciprocity assigned by the American law, and in view of the final article of the law of June 26, 1896, regarding literary proprietorship, which provides a condition identical with that established by the law of the United States, article —, single, decrees: From the 4th of September of the present year the North American citizen residing outside of Costa Rica shall enjoy in this Republic the rights of literary 1 Not printed. ownership that the law referred to of June 26 establishes, on the understanding that on that date a similar order will have been given by the United States of North America with respect to the Costa Rican citizens who do not reside in that country. Given in the national palace in San José, the 26th day of August, 1899. RAFAEL YGLESIAS. Subsecretary of State in the Department of Foreign Relations. No. 310.] Mr. Merry to Mr. Hay. LEGATION OF THE UNITED STATES OF AMERICA, SIR: I have the honor to advise that the decree of the Government of Costa Rica, in relation to reciprocity in international copyright, copy and translation of which accompanied my No. 305 of August 30, was published on September 4 in the Official Gazette at this capital, as becoming effective on the 1st of November, 1899. With assurances, etc., WILLIAM LAWRENCE MERRY, United States Minister. Mr. Adee to Mr. Merry. No. 266.] DEPARTMENT OF STATE, Washington, September 15, 1899. SIR: I have to acknowledge the receipt of your dispatch No. 305 of the 30th ultimo, with which you forward a decree which was to be published on September 4 by the Government of Costa Rica establishing international copyright between that Republic and the United States. It appears from the text of this decree, dated August 26, 1899, that "in view of the final article of the law of June 26, 1896, regarding literary proprietorship which provides a condition identical with that established by the law of the United States" it is decreed that "from the 4th of September of the present year the North American citizens residing outside of Costa Rica shall enjoy in this Republic the rights of literary ownership that the law referred to of June 26 establishes, on the understanding that on that date a similar order will have been given by the Government of the United States of North America with respect to the Costa Rican citizens who do not reside in that country." Did this decree stand alone it would not fulfill the first condition established by the copyright law of the United States, act of March 3, 1891, to wit, that the act shall apply to the citizens or subjects of a foreign state or nation "when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens." This condition requires the President to ascertain the actual existence in the foreign state of law or regulation according to citizens of the United States the benefit of copyright on substantially the same basis as to the citizens of such foreign state. It does not authorize the President to enter into reciprocal or conditional negotiation with such foreign state to the end of establishing equivalence of treatment in the two countries, which appears to be the purpose invited by the decree you now send. Negotiations with other governments in the past looking to the concession to their citizens or subjects of copyright privileges in the United States, by virtue of a proclamation of the President, in accordance with the terms of the act of March 3, 1891, have in several instances been complicated by the apparent desire of the other party to enter into an especial reciprocal engagement whereby the concessions granted by each should be in consideration for like concession similarly granted by the other It was not until the misunderstanding in this regard had been removed and this Government had obtained from the foreign Government an explicit declaration that its own law permitted to citizens of the United States of America the benefit of copyright on the same basis as its own citizens that the President found it possible to issue his proclamation. Turning from the Costa Rican decree of August 26 to the Costa Rican copyright act of June 26, 1896 (not July 26, 1895, as erroneously translated by you), the final article is found to read thus: Foreigners residing outside of the country shall enjoy in Costa Rica the same rights which this law establishes for natives of the country and for foreigners residing in the Republic, provided that the laws of their own nation grant equal privileges to Costa Ricans. This statutory provision would appear to enable the Government of the United States to act independently of the condition or so-called understanding (inteligencia) that the Government of the United States of America shall, upon the 4th of September of the present year, issue a similar order with respect to Costa Rican citizens not residing in the United States. As above explained, the act of March 3, 1891, does not contemplate entrance into a reciprocal engagement of this character, but the final section of the Costa Rican act of June 26, 1896, might, for the purpose of our act of March 3, 1891, be assumed to be communicated to this Government by that of Costa Rica through the reference contained in the decree you now transmit, and thereby to be tantamount to a declaration on the part of that Government that Costa Rica "permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens." This assumption is the more convenient inasmuch as the law of the United States draws no distinction between the alien residing in the United States and an alien not residing in the United States. To take the Costa Rican law and later decree conjointly as the basis of the President's action might serve to remove the limitation which the text of the decree appears to assign to the enjoyment by American citizens of the privileges of copyright in Costa Rica. Were the decree to be accepted as the sole basis it would limit the enjoyment of copyright to American citizens residing outside of Costa Rica, and would apparently exclude American citizens residing in Costa Rica, which is obviously not its intent. To understand the true right of American citizens in the matter it is necessary to go back to the Costa Rican law of June 26, 1896, which on examination appears to contain no qualification or restriction of the right of registry and copyright to any person residing in Costa Rica. It would appear desirable, before actually issuing the President's proclamation in the form shown on the last page of the Department's circular of July 25, 1899, heretofore sent to you, that you should obtain from the minister of foreign affairs confirmation of the Department's assumption that the Costa Rican law of June 26, 1896, does in fact grant, without restriction to American citizens residing in |