File No. 18942/28-32. No. 95.] The Secretary of State to Minister Heimké. DEPARTMENT OF STATE, Washington, August 6, 1909. SIR: Referring to your telegram of the 7th ultimo,1 to your dispatch No. 220, of the 6th ultimo, and to the department's No. 88, in reply, of the 24th ultimo, approving your conduct in the matter of the removal of Col. García from the office of jefe politico and comandante de armas at Livingston, and referring also to your No. 222, of the 7th ultimo, in which you report that the removal of García was made without friction, and that you will continue to give your attention to the arrest and punishment of the murderers of William Wright, I have now to say that in case the new prefect should not take steps at once to secure the apprehension and punishment of the parties responsible for the death of Wright, you will again bring that matter to the attention of the proper Guatemalan authorities, and you will insist that appropriate action be taken looking toward the arrest and adequate punishment of the murderers. I am, etc., HUNTINGTON WILSON. File No. 18942/33. No. 244.] Minister Heimké to the Secretary of State. AMERICAN LEGATION, Guatemala, September 21, 1909. SIR: Referring to instruction No. 95 of the 6th ultimo (file No. 18942/28-32), relative to the matter of the removal of Col. García from the office of jefe político and comandante de armas at Livingston, and referring also to my No. 222 of the 7th ultimo, in which I reported that the removal of García had been effected without friction and that I would continue to give my attention to the arrest and punishment of the murderers of William Wright, the department saying in its above-named instruction that in case the new prefect should not take steps at once to secure the apprehension and punishment of the parties responsible for the death of Wright, I should again bring the matter to the attention of the proper Guatemalan authorities, and that I shall insist that appropriate action be taken looking toward the arrest and adequate punishment of the murderers, I have the honor to report that Mr. Aguirre, the minister for foreign affairs, informed me to-day, in a discussion of this matter with him, that Fonnegra, the principal aggressor in the murderous assault upon William Wright, has just been arrested and imprisoned in the penitentiary at this capital, where he will be kept in close confinement until the time of his trial for his participation in the crime with which he is charged, of which arrest the minister for foreign affairs will formally notify this legation as soon as the ministry of justice has officially advised the ministry of foreign affairs. Mr. 1 Not printed. Aguirre added that the new jefe político at Livingston had long since received instructions to use all diligence in causing the arrest of every man connected with the murder of Wright, and he pointed to the arrest of Fonnegra as an evidence of the intention of the Government to bring the murderers of Wright to punishment; and now, as the alleged principal in this crime has been apprehended, Mr. Aguirre thought the arrest of the others guilty of participation in that crime would soon follow. I have, etc., WILLIAM HEIMKÉ. File No. 18942/33. The Acting Secretary of State to Minister Sands. DEPARTMENT OF STATE, Washington, October 22, 1909. SIR: The department is in receipt of Mr. Heimké's dispatch No. 244 of the 21st ultimo, in which he reports that the Guatemalan minister for foreign affairs has informed him that Fonnegra, the principal aggressor in the murderous assault on William Wright, has been arrested and is imprisoned in the penitentiary, where he will be confined awaiting his trial, and that it is believed that the arrest of the other assailants will soon follow. The department awaits your report of further proceedings in the ALVEY A. ADEE case. I am, etc., HAITÍ. ARBITRATION CONVENTION BETWEEN THE UNITED STATES AND HAITI. Signed at Washington, January 7, 1909. Ratification advised by the Senate, February 13, 1909. Ratified by the President, March 1, 1909. Ratified by Haiti, March 22, 1909. Ratifications exchanged at Washington, November 15, 1909. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas an Arbitration Convention between the United States of America and the Republic of Haiti was concluded and signed by their respective Plenipotentiaries at Washington on the seventh day of January, one thousand nine hundred and nine, the original of which Convention, being in the English and French languages, is word for word as follows: The Government of the United States of America, signatory of the two conventions for the Pacific Settlement of International Disputes, concluded at The Hague, respectively, on July 29, 1899, and October 18, 1907, and the Government of the Republic of Haiti, adherent to the said convention of July 29, 1899, and signatory of the said convention of October 18, 1907; Taking into consideration that by Article XIX of the convention of July 29, 1899, and by Article XL of the convention of October 18, 1907, the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment; Have authorized the Undersigned to conclude the following Convention: ARTICLE I. Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall, if not submitted to some other arbitral jurisdiction, be referred to the Permanent Court of Arbitration established at The Hague by the convention of July 29, 1899, for the pacific settlement of international disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. ARTICLE II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Haiti shall be subject to the procedure required by the Constitution and laws thereof. ARTICLE III. The present Convention is concluded for a period of five years and shall remain in force thereafter until one year's notice of termination shall be given by either party. ARTICLE IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Haiti in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate in the English and French languages at Washington, this 7th day of January, in the year one thousand nine hundred and nine. ELIHU ROOT [SEAL] And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the City of Washington, on the fifteenth day of November, one thousand nine hundred and nine; Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this sixteenth day of November in the year of our Lord one thousand nine hundred and [SEAL] nine, and of the Independence of the United States of America the one hundred and thirty-fourth. By the President: PC KNOX WM H TAFT Secretary of State. HONDURAS. HONDURANEAN LAW RESPECTING REGISTRATION OF FOR File No. 21481/12. No. 109.] EIGNERS. Minister Brown to the Secretary of State. AMERICAN LEGATION, Tegucigalpa, August 24, 1909. SIR: I have the honor to submit herewith copies of recent correspondence on the subject of the requirements of the Honduranean laws for the registration of foreigners in connection with the arrest and detention of Mr. John Hulse, an American citizen, at La Ceiba. As will be observed, the alien law (ley de extranjería), an extract of which is inclosed, provides that all foreigners must register with the competent authorities and be provided with a certificate of registration; that article 25 states: No authority or public functionary may recognize anyone as an individual of a determined foreign nationality who does not present his certificate of registration. Inasmuch as the foregoing law implies that foreigners who are not registered may not appeal to the protection of their nationality, I took occasion in my note to the foreign office of the 14th instant (inclosure No. 1) to state that— While it is to be expected that foreigners in Honduras shall conform to its municipal regulations, the failure of an American citizen to be registered as an American with the local authorities in no way can work forfeiture to his claims for protection as such, and consequently to the good offices of the American consul, whenever it may be deemed necessary. While the reply of the minister for foreign affairs (inclosure No. 2) is as unsatisfactory as it is awkward and ambiguous, yet I do not apprehend it is the intention of the Honduranean Government to deny the right of any American to appeal to his own representatives in case of need. I submit, however, this most important matter for such instructions as the department may desire to give in the premises. I have, etc., [Inclosure 1.] PHILIP BROWN. No. 48.] Minister Brown to the Minister for Foreign Affairs. AMERICAN LEGATION, Tegucigalpa, August 14, 1909. MR. MINISTER: I have the honor to submit for such action as Your Excellency may deem proper the following communication which was addressed by |