No. 1049.] Minister Rockhill to the Secretary of State. AMERICAN LEGATION, Peking, November 25, 1908. SIR: I have the honor to transmit herewith a translation from the Chinese text of the supplementary agreement signed on the 12th instant concerning the construction of the Kirin Ch'ang-chun Railway, here called the Chi-ch'ang Railway, in Manchuria. I have, etc., W. W. ROCKHILL. [Inclosure Translation.] Supplementary Agreement between Japan and China. According to article 4 of the Hsin-Feng and Chi-Ch'ang Railway agreement between the two Governments of Japan and China, dated Ming Chih, fortieth year, fourth month, fifteenth day; Kuanghsü, thirty-third year, third month, third day (April 15, 1907), it was agreed that before settling the loan contract for the said railways, the two Governments should draw up a supplementary agreement regarding matters not settled in the original agreement. Now, the two officials designated below have concluded the following agreement: ARTICLE 1. It is agreed by articles 1 and 2 of the "Hsin-Feng and Chi-Ch'ang Railway agreement between the Governments of Japan and China (hereafter to be called the agreement) that half of the capital needed for that portion of the Ching-Feng Railway lying east of the Liao River, amounting to 320,000 yen, and half of the capital needed for the Chi-Ch'ang Railway, amounting to 2,150,000 yen, should be borrowed from the Southern Manchurian Railway Company. ART. 2. The interest on this loan shall be at the rate of 5 per cent per annum. ART. 3. The actual rate at which the loan shall be realized shall be 93 for every 100 as agreed upon in article 6 of the agreement. ART. 4. It is stipulated in article 3 of the agreement that during the term of the loan, the Chinese Government shall employ a Japanese engineer in chief for that portion of the Ching-Feng Railway, which lies east of the Lino River. For the present the Japanese engineers now in the employ of he Ching-Feng Railway may continue to act and as at present will continue to be under the control of the director and engineer in chief of the Ching-Feng Railway. If in future changes are made in the engineering staff, as provided in the agreement, application shall be made to the Southern Manchurian Railway Company, which will make appointments after full consultation. The status of these engineers shall be as stated above. ART. 5. Since it as difficult for the Chinese Government to keep separate accounts for that portion of the Ching-Feng Railway which lies east of the Llao River, the Japanese Government consents that no Japanese accountants shall be specially appointed, and the Japanese Government consents that the Chinese Government shall set aside monthly a sum calculated to be sufficient for the monthly payment of capital and interest on the amount of the loan for the said section of railway. This sum shall be deposited on the 1st day of every month in some Japanese bank in China, designated by the Southern Manchurian Railway Company. This deposit shall be regarded as a sinking fund for the redemption of the capital and interest of the loan when due. The manner of making the payments of the capital and interest of the loan when due, and the interest which shall be allowed by the bank on the sums deposited shall be decided when the detailed loan contract is drawn up. The Chinese Government also consents that the monthly balance sheets for the whole Ching-Feng Railway line and the annular exact statement of accounts in English shall be sent monthly and annually to the South Manchurian Railway Company for inspection. ART. 6. The engineer in chief and the accountants of the Chi-Ch'ang Railway should all be Japanese, as provided in article 3 of the agreement. The method of appointment shall be as follows: The Chinese Government will select a welltrained and capable engineer in chief and appoint him, after full consultation with the South Manchurian Railway Company. The accountants shall be selected by the South Manchurian Railway Company, and after consultation with the Chinese Government the Chinese Government shall appoint them. If in the future it shall be necessary to change the engineer in chief or accountants, there must be consultation with the South Manchurian Railway Company according to the agreement, and the appointments must be made as arranged above. ART. 7. The special loan contract must conform to the stipulations of the agreement and of this supplementary agreement. It will be drawn up between the South Manchurian Railway Company and an official appointed by the board of posts and communications. This supplementary agreement will be in force when ratified by the two Governments. Signed at Peking, Ming Chih, forty-first year eleventh month twelfth day; Kuang-has, thirty-fourth year tenth month nineteenth day (November 12, 1908). MORITARO ABÉ, First Secretary of Legation. Director of the Head Railway, Office of the Board of Posts and Communications. File No. 1576/9-10. No. 969.] Minister Rockhill to the Secretary of State. AMERICAN LEGATION, SIR: I have the honor to inclose herewith translation of an imperial edict, issued on the 18th instant, directing that his excellency Chang Chih-tung, grand councilor and member of the grand secretariat, shall assume absolute control of the Canton-Hankow Railway. I have, etc., W. W. ROCKHILL. [Inclosure-Translation.] Imperial edict, July 18, 1908. CANTON-HANKOW RAILWAY. Ch'en Ch'i-tal (governor of Kiangsu) memorializes to the effect that the Canton-Hankow Railway should be carried through under the direction of a single policy and requests that a high official of probity and intelligence be appointed to have supreme control of the affairs of the line. The Canton-Hankow Railway is of vital importance in that it affects so intimately the means of communication between the north and the south. Chang Chih-tung was in charge of the negotiations at the time of the redemption of this line and was untiring in his efforts at that juncture. But during the last few years the divergent policies advocated by officials, gentry, and financiers have prevented any substantial accomplishments. If this state of affairs continues, the consequent loss and delay in the progress of the road will be great. It is necessary, therefore, that we appoint an official who shall have supreme control of the affairs of the railway, so that they may be brought to a successful conclusion. We command that Chang Chih-tung, grand councilor and member of the grand secretariat, shall assume, in addition to his other duties, absolute control of the Canton-Hankow Railway. Let him act in consultation with the viceroys and governors of the three Provinces. Let him see that the officials, gentry, and financiers connected with the enterprise fulfill their duties with integrity. The said official may at all times come to such decisions as shall seem to him best in view of the circumstances of the three Provinces. Let all dissentions now be terminated and unity of purpose prevail to the end that useless expenditures and delays to the vital interests of transportation may be prevented. Respect this. File No. 1576/12-14. No. 1035.] Minister Rockhill to the Secretary of State. AMERICAN LEGATION, Peking, November 5, 1908. SIR: In continuation of my dispatch No. 969 of July 27 last, in which I inclosed a copy of an imperial edict giving Grand Councilor Chang Chih-tung absolute control of the construction of the CantonHankow Railway, I have the honor to transmit herewith another imperial edict of the 28th October on the same subject. I have, etc., W. W. ROCKHILL [Inclosure-Translation.] Imperial edict, October 28, 1908. CANTON-HANKOW RAILWAY. On the 4th of the tenth moon (October 28) the grand secretariat received the following imperial edict: We have already, in view of the importance of the undertaking, specially designated Chang Chih-tung, grand councillor and member of the grand secretariat, as director general of the Canton-Hankow Railway. We have inquired of the said grand secretary concerning the plans he has in view with regard to this railway, and he has informed us that the responsibility for managing its affairs has been too much distributed, that there have been too many conflicting counsels, and that these conditions have impeded progress. This railway is of the utmost importance in its influence on intercommunication. How can this delay be allowed? Hereafter let the raising of funds for the said project, the employment of men thereon, the determination of its policy, and all other matters in connection therewith rest absolutely with Chang Chih-tung, to be administered by him to the best of his powers and in sole responsibility; he must fix a definite time limit and he must determine all matters in connection with the line as circumstances of the three Provinces and the exigencies of the time require. The board of communications and the viceroys and governors of Hupeh, Hunan, and Kwangtung shall give him substantial aid and shall in no way obstruct his actions. All officials appointed by the three Provinces to direct the affairs of the railway, whether in principal or subordinate positions, shall hold themselves obedient to Chang Chihtung, and if he shall discoved that any official, member of the literati, or business man is wrongfully serving his own interests in the affairs of the line, spreading vilifying reports, or acting in an obstinate manner, to the impeding and injury of the several interests of the railway, let him memorialize against the said individual that he may be punished. Let the director general and his subordinates henceforth unite their efforts toward the accomplishment of this project, and let them make all haste; thus, by unifying the responsibility, it is to be hoped that the delaying of this important work may be avoided. 76851°- B 1908- -14 COLOMBIA. PROTECTION AFFORDED SWISS CITIZENS IN COLOMBIA BY THE AMERICAN LEGATION. File No. 11960. No. 46.] Minister Dawson to the Secretary of State. AMERICAN LEGATION, Bogota, January 27, 1908. SIR: A Swiss citizen who contemplates emigrating to this country has written me that his Government informs him that the United States Government will, upon application, afford protection to Swiss citizens in countries like Colombia where Switzerland has no representatives; also that his Government advised him to make such application directly to this legation. I have answered that, with the permission of my Government, I would be glad to represent any interests he might have before this Government. Awaiting the instructions of the department in this regard, I have, etc., File No. 11960. No. 22.] T. C. DAWSON. The Acting Secretary of State to Minister Dawson. DEPARTMENT OF STATE, Washington, March 3, 1908. SIR: I have to acknowledge the receipt of your dispatch No. 46, of January 27 last, in which you state that a Swiss citizen who contemplates emigrating to Colombia had written to you that this Government would, upon application, afford protection to Swiss citizens in countries like Colombia, where Switzerland has no representatives, and that his Government had advised him to make such application directly to your legation. In reply I have to say that the question is still governed by the department's circulars of June 16, 1871 (F. R. 71, p. 28), December 15, 1871 (F. R. 72, p. 5), and June 28, 1877 (F. R. 77, p. 1). So far as the Swiss Government is concerned, not only did it in every case readily and thankfully accept the use of American good offices, but as early as 1864 made a proposition that the United States undertake the protection of its citizens by virtue of a treaty (F. R. 64, pp. 386–394), and in 1887 asked, through its legation at Washington, that the protection be as full as that accorded to the United States citizens (F. R. 87, p. 1074). From this position Secretary Bayard dissented in a note (F. R. 87, p. 1076), in which he defined the extent to which American repre sentatives could act in behalf of Swiss citizens. The correspondence exchanged with the Swiss legation in connection with the latest case of protection sought by Swiss citizens is printed in full in the Foreign Relations for 1901, pages 504-508, and is interesting in that it establishes the positions of both Governments and elicited from Minister Lardy-note of July 25, 1901-(F. R. 1901, p. 507) the broad statement that "the federal council leaves each one of its citizens who may settle in a country where the Confederation has no diplomatic or consular agent entirely free to place himself under the protection of such power as he sees fit," and the reservation that "as the protection afforded by the United States of America is confined, when granted, to extending to them their unofficial good offices, while Germany and other powers make absolutely no distinction it would be desirable that in each individual case Swiss citizens * * be expressly warned of the fact that the protection of representatives of the United States is limited, and particularly that the latter are under no circumstances permitted to intervene officially in their behalf with the authorities of the country to which they are accredited." * ** As for the third Government concerned, the rule and practice of the department have been, as prescribed in the circular of December 15, 1871, to seek and obtain the consent of that Government to the use of good offices in behalf of any Swiss citizen who might request them. I am, etc., ROBERT BACON. CONVENTION BETWEEN COLOMBIA AND SPAIN REGARDING THE RECIPROCAL RECOGNITION OF JUDGMENTS. File No. 15927-2. No. 156.] Minister Dawson to the Secretary of State. AMERICAN LEGATION, Bogota, September 4, 1908. SIR: I have the honor to inclose herewith a copy and translation of the recently ratified convention between Colombia and Spain in regard to giving effect in each country to the judgments of the courts of the other, and a copy and translation of the law of the National Assembly No. 7 of 1908 (August 13) approving the same. I have, etc., [Inclosure 1-Translation] T. C. DAWSON. Convention between Colombia and Spain. The Government of the Republic of Colombia and that of His Majesty the King of Spain, desirous of drawing each day closer the relations of friendship and good understanding happily existing between the two nations, have resolved to celebrate a convention for the carrying out of the civil judgments issued by the tribunals of both countries, and for this purpose have named: The Government of the Republic of Colombia, his excellency Juan Evangelista Manrique, envoy extraordinary and minister plenipotentiary in this court; and. The Government of His Majesty the King of Spain, his excellency Manuel Allendesalazar y Munoz de Salazar, grand cross of the Order of Piana, of |