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ment to express the hope that the Treasury Department, which has had the kindness to again accept the former Norwegian tonnage certificates, will, pending the discussion of the question in regard to steamships, also accept the new certificates of Norwegian sailing vessels.

As your excellency will see by the copies of tonnage certificates which accompanied my letter of 22d December last the spaces which are exempt in Norway, while they are reckoned in the United States, are indicated in the certificate itself by the letters c and d. If, then, the Government of the United States is not willing to accept the net space (capacité) of the Norwegian certificates, I am pleased to hope that the calculation of the space may be made without new admeasurement and by adding to the net tonnage the spaces above mentioned.

I take the liberty to add that all the maritime powers have exempted from new admeasurement Norwegian sailing vessels provided with new tonnage certificates, and that in Norway the certificates of American sailing vessels, as well as those of all other nations, are accepted. Accept, etc.,

A. GRIP.

Mr. Uhl to Mr. Grip.

DEPARTMENT OF STATE,
Washington, October 3, 1894.

SIR: Referring to your note of the 16th of July last, in relation to the reciprocal acceptance of certificates of admeasurement of vessels by the United States and Sweden, I have the honor to inclose herewith copy of a letter of the 29th ultimo from the Acting Secretary of the Treasury upon the subject. Accept, etc.,

[Inclosure.]

EDWIN F. UHL,

Acting Secretary.

Mr. Wike to Mr. Gresham.

TREASURY DEPARTMENT,

OFFICE OF THE SECRETARY,
Washington, September 29, 1894.

SIR: I have the honor to acknowledge the receipt of your letter of July 28, transmitting copy of a note dated July 16, 1894, from the Swedish minister at this capital, announcing that by a decree of May 18, 1894, certain modifications have been introduced into the rules in force in Sweden with regard to the admeasurement of vessels, and requesting an exchange of notes defining modifications to be made in the arrangement of 1882 concerning the reciprocal acceptance of certificates of measurement by the United States and Sweden.

The minister states:

By a royal decision of the 18th of May last, certain modifications were introduced into the rules in force in Sweden with regard to the admeasurement of vessels, which rules were established by the royal ordinance of November 12, 1880. The new provisions were to take effect on July 1, 1894.

These modifications bear upon the following points:

(1) The contents of the spaces for water ballast (tanks for water ballast) are not to be included in the total capacity of double-bottomed vessels.

2. The total capacity is to be increased by the contents of the domes and skylights belonging to the engine which are above the deck, if the owner or captain of the vessel desires it, in order to secure a larger deduction for the motive apparatus in the appendix indicating the tonnage calculated according to the English rule or the Danube rule.

3. The following spaces, which have hitherto not been deducted, are to be deducted from the gross tonnage:

(a) Compartments set apart for the exclusive use of the captain.

(b) Compartments specially reserved for the donkey boiler and engine, even when these are below the deck; these compartments were formerly deducted only when they were on deck.

(c) Boatswain's stores.

(d) Compartment for the capstan.

(e) Sail rooms; the deduction shall, however, not exceed 24 per cent of the total capacity of the vessel.

The modifications made in the aforesaid royal ordinance of November 12, 1880, make no changes in the method now in use in Sweden for ascertaining the deduction to be made for the engine room; this deduction is still ascertained by the so-called German rule.

It appears that the only deductions permitted by the new Swedish ordinance which are not allowed by the laws of the United States are: (b) Compartments specially reserved for the donkey boiler and engine when below deck.

(c) Boatswain's stores.

(d) Compartment for the capstan.

(e) Sail rooms; the deduction shall, however, not exceed 2 per cent of the total capacity of the vessel.

This Department perceives no objection to the continuance of the existing arrangement with Sweden for the acceptance of Swedish cer tificates of measurement, and to the net tonnage of Swedish vessels, as stated in their certificates of measurement, will be added without meas urement the spaces above mentioned, as stated in such certificates, which may be deducted according to the laws of Sweden, but are not allowed by the laws of the United States, together with any deduction in excess of 5 per cent of gross tonnage for crew spaces.

This Department suggests that the Swedish Government continue to accept American certificates of measurement if provided with an appendix stating the measurement of the spaces above mentioned, or, if not so provided, that upon application of the master of an American vessel in a Swedish port those spaces may be measured and deduction be allowed to them.

Respectfully, yours,

Mr. Uhl to Mr. Grip.

S. WIKE, Acting Secretary.

DEPARTMENT OF STATE,
Washington, October 3, 1894.

SIR: I have the honor to inclose for your information copy of a letter from the Acting Secretary of the Treasury, transmitting a copy of a circular issued by that Department relative to the admeasurement of Norwegian vessels.

Accept, etc.,

EDWIN F. UHL,

Acting Secretary.

[Inclosure.]

Mr. Wike to Mr. Gresham.

TREASURY DEPARTMENT,

OFFICE OF THE SECRETARY,
Washington, September 29, 1894.

SIR: I have the honor to transmit herewith for your information a copy of a circular of this date, relative to the admeasurement of Norwegian vessels, etc.

It is suggested that the attention of the minister of Norway and Sweden be invited to the action taken by this Department in the matter. Respectfully, yours,

[Subinclosure.]

S. WIKE, Acting Secretary.

To Collectors of Customs:

Admeasurement of Norwegian vessels.

TREASURY DEPARTMENT, BUREAU OF NAVIGATION,
Washington, D. C., September 24, 1894.

Department circular No. 92, of June 30, 1894, concerning the admeasurement of Norwegian vessels, is modified in the following particulars:

The Norwegian Government, by a decree issued August 24, 1894, will accept American certificates of tonnage containing an appendix stating the measurement of spaces where they may be deducted under the new Norwegian rules, but may not be deducted under the laws of the United States, as follows:

NAVIGATION SPACES.

(1) Any spaces set apart exclusively for keeping charts, instruments, signal apparatus, and signal lights, etc., necessary for navigation.

(2) Spaces for the anchor capstan, the steering apparatus, and the donkey engine and machinery, if arranged to work the vessel's pump.

(3) Spaces set apart exclusively for boatswain's stores.

(4) Spaces set apart for storage of sails.

Provided that the deduction for each of the spaces enumerated in 3 and 4 not to exceed 24 per cent of the vessel's gross tonnage.

(5) Any excess of crew space over 5 per cent of gross tonnage, including therein mess rooms, bathrooms, and water-closets of reasonable size for use of officers or crew, cook's galley, and distilling galley.

Upon application by the master of any American sailing vessel about to proceed to a Norwegian port you are authorized to measure the spaces enumerated, and attach the results of such measurement to the certificate in an appendix, duly signed.

Upon application by the master of any American steam vessel about to proceed to a Norwegian port you will be further instructed.

You will accept without readmeasurement Norwegian certificates issued previous to September 14, 1893.

You will accept without readmeasurement Norwegian certificates of sailing vessels issued subsequent to September 14, 1893, adding to their net tonnage the measurement contained therein of spaces above enumerated which are permitted by the laws of Norway, but not permitted by the laws of the United States, and any excess over 5 per cent of gross tonnage allowed for crew spaces.

You will accept without readmeasurement the certificate of gross tonnage of Norwegian steam vessels issued subsequent to September 14, 1893, and the measurement of crew spaces, provided the same does not exceed 5 per cent of the gross tonnage. As the Norwegian law governing the deduction for propelling power is substantially different from the law of the United States, you will measure the engine, boiler spaces, etc., according to the laws of the United States, and ascertain net tonnage as prescribed by law.

Approved:

S. WIKE,

Acting Secretary.

EUGENE T. CHAMBERLAIN,
Commissioner.

No. 102.]

SWITZERLAND.

ABDUCTION OF CONSTANCE MADELEINE HIS.1

Mr. Blaine to Mr. Washburn.

DEPARTMENT OF STATE,
Washington, March 1, 1892.

SIR: I have to acknowledge the receipt of your dispatch No. 1122 of the 6th ultimo, relative to the case of Constance Madeleine His. In accordance with its suggestion, the Hon. John De Witt Warner, M. C., who first presented the case to the Department, was invited to furnish any additional facts which, in the meantime, had been reported to him by Mr. Roberts, Mrs. His's counsel in Switzerland. On the 25th ultimo he submitted a statement, a copy of which is herewith transmitted for your information. From this communication and from his previous ones, the case, so far as pertinent for the present purpose, may be briefly summarized as follows:

In the year 1883, Carrie A. Turner, a citizen of the United States, and Albert His, a citizen of Switzerland, intermarried. At the time they were both domiciled in New York City and continued to reside there. July 23, 1887, there was born of this union a child, named Constance Madeleine. A few months later, or in the autumn of 1887, Albert His returned to Switzerland, where he has since resided. The wife remained in New York with her child, whom, as well as herself, she supported by her earnings. In the autumn of 1889 Mrs. His was served, at New York, with papers in a suit of divorce begun by her husband in the district court of Zofingen, canton of Aargau. She went to Switzerland to defend the suit, and having succeeded in preventing a divorce on the grounds asked, Mrs. His herself, in the same court, secured an absolute divorce on the 22d of January, 1890. The judgment of the court, on the request of both parties, awarded to the mother the custody of the child and her upbringing and education. The child was not then and never had been in Switzerland.

Returning to America, Mrs. His continued to support her daughter until Albert His came to New York, and on May 4, 1891, abducted the child by stealth and unlawfully took her to Switzerland, where he now detains her. I need not detail the judicial proceedings in Switzerland since the child was thus unlawfully taken within its jurisdiction, and the baffled efforts of Mrs. His to secure possession of her through the medium of the Swiss courts. The obstacles interposed and the results so far afford a ground, at least, for the complaint made in Mrs. His's behalf of a denial of justice. That feature of the case, however, as

To show the history of this case, correspondence exchanged in 1892 and 1893 is necessarily printed.

2 Not printed.

well as the question now again sought to be raised regarding the ability of the mother to properly care for her child, it is unnecessary to consider at this time. There is a proper forum and a proper time for the consideration of that question when the child has been returned within the jurisdiction of this Government.

The child Constance Madeleine His was born in the United States and is an American citizen. What rights she might have on attaining majority to claim Swiss citizenship on account of the Swiss citizenship of her father, are immaterial in this connection. She was never lawfully within the jurisdiction of the Government of Switzerland, and is now and for many years will be incapable of exercising any choice. I am surprised to find that one of the principal reasons stated in the judgment of the superior court of the canton, January 15, 1892, for upholding the unlawful act of Mr. His and permitting him to profit by his own wrong is the fact that the child is an American citizen. The court says:

If taken to its mother, that is to America, the child would be withdrawn from the effective power of our decree because, although it is entitled to Swiss burgher-right, it is an American also, because born in America. * It is doubtful whether, even if the residence of the mother could be discovered, the American courts would recognize such a decree as valid against an American citizen. It is therefore evident that by taking from the complainant the child, Constance Madeleine, and taking it to America, he (the complainant) might in one way or another suffer irreparable damage.

The court, instead of finding in the American citizenship of the child a ground for returning her to the jurisdiction of the United States, from which she had been unlawfully taken, makes it rather a ground for retaining her in Switzerland, where she had been unlawfully brought. The abduction of the child by Mr. His was a criminal offense against the peace and law of the State of New York.

Section 211 of the penal code of that State provides that:

A person who willfully

* *

leads, takes, entices away, or detains a child under the age of 12 years with intent to keep or conceal it from its parent, guardian, or other person having the lawful care or control thereof kidnaping and is punishable by imprisonment for not more than fifteen years.

*

is guilty of

The child, even by the judgment of the Swiss courts, was lawfully in the possession of its mother, and it was unlawfully and criminally taken therefrom by the father. Mr. His's act was not only a criminal violation of the laws of this country, but it was equally in contempt of the authority and order of the courts of his own country.

In January, 1797, the Spanish minister complained to this Government that the territorial rights of Spain in Florida had been violated by certain persons residing in the United States. The matter was referred to the Attorney-General, who, on the 26th of that month, advised the Secretary of State:

It is an offense against the laws of nations for any persons, whether citizens or foreigners, inhabiting within the limits of the United States, to go into the territory of Spain with intent to recover their property by their own strength or in any other manner than its laws authorize and permit. (1 A. G., 68.)

And again, in a case in 1822 where a slave concealed himself in an American vessel lying at Ste. Croix, and was brought to New York, the Danish minister having demanded his restoration, the AttorneyGeneral, Mr. Wirt, September 27, 1822, advised that he was-

of the opinion that it is due to the sovereignty of Denmark and to our own character as a nation to restore this slave to the condition from which he has been taken by a ship earrying our flag and belonging to our citizens, and that the policy of our own laws conspires to enforce the performance of this duty (1 A. G., 566.)

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