WASHINGTON, November 7, 1905. DAWSON, American Legation, Santo Domingo:

Warship ordered to Macoris. If marines required to restore order, there should be first an express and clear request from the Dominican Government that they be landed for temporary protection of life of American citizens, which Dominican Government declares itself for time being unable to protect. Upon such request necessary force will be landed. Naval officers will be instructed to act upon notice from you that such assistance has been requested. An immediate understanding on this subject with the Dominican Government seems important.

Minister Dawson says of his further conduct:

ROOT.

Upon receiving this telegram I called upon the minister of foreign affairs and told him of its contents. He said that he had always understood that the primary duty of protecting American citizens in the Republic, including those who are employed by his Government to collect its customhouse revenues, falls upon the Dominican Government. In view of that duty and of your telegram to me, it remained clearly understood that the American Government would not land armed forces unless the Dominican Government, finding itself unable to protect the lives of American citizens employed in its customhouses, or elsewhere, should request such landing. Up to the present time the Dominican Government has maintained order, and its authority in the city of Macoris and its immediate vicinity, and at all the other ports of entry, with the exception, perhaps, of Monte Christi, and he hoped would continue to be able so to do. He had suggested, not the present landing of marines, but only the presence of a ship in the neighborhood, so as to be prepared for prompt action in the contingency of a sudden reverse to the Government forces.

I thereupon telegraphed you as follows:

SANTO DOMINGO, November 8, 1905.

SECRETARY OF STATE, Washington:

I have reached perfect understanding with the Dominican Government in accordance with instruction your cipher telegram of this morning. Macoris quiet in the city. No further news from the interior. Mere presence of a United States vessel probably will be sufficient.

DAWSON.

On the 10th the U. S. S. Denver reached Macoris, and on the same day the Olympia, with Admiral Bradford on board, anchored at this port. Since that time matters have outwardly continued in statu quo in the cities of Macoris and Santo Domingo. (U. S. Foreign Relations, 1905, p. 405.)

60252-12-4

On December 6, 1905, the American Secretary of State sent further instructions:

Dispatches received here by Navy Department from Bradford and by Joubert from Vasquez represent serious disturbance. The President wishes you to urge amicable settlement of differences in Government. There is good reason to expect early action on treaty here. We can not take any part in differences between factions or officers of Dominion Government. No troops are to be landed except when absolutely necessary to protect life and property of American citizens, and if landed they must confine themselves strictly to such protection, which will extend to the peaceable performance of duty by the Americans who are collecting revenue in the customhouses so long as the Dominican Government desires them to continue that service. If Dominican Government determines to end the modus vivendi and the collection of duties by Americans nominated by President of the United States, protection will extend to their safe withdrawal with their property.

Notice of such termination should be given formally. We are about to withdraw several of our ships, which will return to United States with Admiral Bradford.

(Ibid., p. 408.)

ROOT.

Cuba, 1906.-The following telegram sent by Mr. Sleeper, chargé d'affaires in Cuba, to the Secretary of State of the United States and the reply of the Secretary show the attitude of the United States toward protection of property of nationals:

HABANA, August 28, 1906.

In all cases of damage, destruction, or seizure of property against the will of the owner by agents of the Government or other parties, a complaint stating the facts and containing a list of the property so damaged, destroyed, or seized should be made to the court having jurisdiction, a copy of said complaint being forwarded at the same time to this legation. Wherever possible a statement in case property is damaged or destroyed and a receipt in case property is appropriated, subscribed to by the person or persons responsible for such damage or destruction or making such appropriation should be procured. (U. S. Foreign Relations, 1906, Pt. I, p. 457.)

The Secretary approved Mr. Sleeper's action in a telegram of August 29, 1906:

DEPARTMENT OF STATE, Washington, August 29, 1906.

Mr. Adee informs the legation that the proposed advice to parties despoiled by insurgents has the department's approval. Action Mercedita case also approved. (Ibid., p. 460.)

Colombia, 1907.-In a report upon the claim of Mr. Deeb, the American chargé at Bogota showed that Colombia still maintained that "there are no grounds for any recognition whatesoever on account of levies caused by the revolutionaries." The letter from the chargé and the judicial decision are as follows:

AMERICAN LEGATION, Bogota, September 2, 1907.

SIR: Referring to my No. 139, of December 29, 1906, relative to the claim of Richard A. Deeb, an American citizen, against the Government of Colombia for horses, mules, cattle, and merchandise taken from him by federal and insurgent troops during the revolution that existed in Colombia in the years of 1901 and 1902, in which dispatch I stated that I had taken up with the foreign office the settlement of that claim, I have the honor and pleasure to report that through my persistent efforts the Government has now issued a resolution allowing the claim of Mr.. Deeb in the sum of $25,069 gold, payable in foreign bonds, in accordance with the judicial decision pronounced by the examiner of the second section of the department of foreign affairs and with the concurrence of the council of ministers, a copy of which, clipped from the Diario Oficial of this city of to-day, I inclose in duplicate, as well as a translation of the same, also in duplicate.

Mr. Deeb claimed indemnity in the sum of $72,471.12 gold, $42,000 of which being, as was alleged, for levies caused by revolutionaries, and was disallowed, the Government holding that it did not recognize claims for damages caused by the insurgent forces; and of the remainder, namely, $30,471.12, the sum of $5,402.12 was disallowed for lack of proper evidence, resulting in a balance in Mr. Deeb's favor of $25,069, which that gentleman has accepted in full settlement of his claim against the Government of Colombia.

It is gratifying to me to add that, as with the two other claims against the Government of Colombia recently reported to the department (in dispatches Nos. 213, 217, and 225), and which I have had the satisfaction of bringing up to the point of settlement, the payment of the claim of Mr. Deeb was arranged by me with perfect harmony and attended by the exhibition of the greatest courtesy on the part of the officers of the Government.

Mr. Deeb, a Syrian by birth, although an American citizen by naturalization, whom I found to be a man of superior intelligence and exceptional refinement, informed me that it is his intention to return within a few months to the United States, where he would again take up his permanent residence.

I have, etc.,

(U. S. Foreign Relations, 1907, Pt. I, p. 290.)

WM. HEIMKE.

[Inclosure-Translation.]

[Extract of the judicial decision in the claim of Richard A. Deeb. ar American.]

Under date of the 28th of October, 1901, Mr. Richard A. Deeb presented to the ministry of war a memorial introducing his claim. Subsequently, on the 27th of July, 1906, it was passed to this department for its examination and decision.

He claimed $72,471.12 gold.

In this amount there are included $42,000 for levies caused by the revolutionists.

The record having been examined, the ministry found it in conformity with law 27 of 1903 and its organic decree, and proceeded to pronounce its decision on the 10th of August, 1907, which, in its determinate quality and with the concurrence of the council of ministers, says:

"First. There are no grounds for any recognition whatsoever on account of levies caused by revolutionaries, as defined in article 3 of law 27 of 1903.

'Second. The only and definitive indemnification adjudged to Mr. Richard A. Deeb, American citizen, as the sum total of the present claim, is the amount of twenty-five thousand and sixty. nine dollars ($25,069), payable in foreign bonds.

"Ordered to be entered in the register and published in the Daily Official Gazette; and if the result is accepted, an authentic copy hereof is to be sent to the ministry of the treasury for its action, and the record is to be filed.

"For the minister, the subsecretary,

"FRANCISCO JOSE URRUTIA."

China, 1911. The following correspondence in regard to the troubles in China in consequence of the change in the form of government is a recent example of protection afforded to foreign trade.

THE UNITED PROVINCES OF CHINA,
PROVISIONAL GOVERNMENT, FOREIGN OFFICE,

Shanghai, November 27, 1911.

SIR: It has been reported to this Government that munitions of war and other contraband goods are now frequently conveyed by foreign and other vessels, and at the request of the military com. mander, Mr. Chen, I have the honor to inform you that this Government will send gunboats to cruise the waterways at or about Woosung and Kiang-yin Forts for the purpose of boarding suspected foreign and native merchant steamers for contraband of war, and that if any should be discovered and seized they will be taken to the prize court for trial before confiscation.

As occasion may arise when it may be found necessary to fire upon the warships of our enemies from the Woosung Forts, we

would request that foreign vessels, as well as all foreign merchant ships, should no longer anchor within the range of firing from these forts, and that at night they should not pass the Woosung Forts, but if they should be compelled to do so in case of necessity, a few hours' notice in advance should be given to the officer in charge of the forts. I shall feel obliged if you will request your colleagues to communicate with their admirals about the matter. Sir, your obedient servant,

S. SIFFERT, Esq.,

WU TING FANG.

Consul General for Belgium and Senior Consul, Shanghai.

Rear Admiral J. B. MURDOCK,

AMERICAN CONSULAR SERVICE, Shanghai, China, December 7, 1911.

66

Commander in Chief, United States Asiatic Fleet, Shanghai. · SIR: I have the honor to append a letter addressed to the Senior Consul by Mr. Wu Ting Fang under head, The United Provinces of China, Provisional Government, Foreign Office, dated December 4, 1911:

SIR: With reference to my letter of November 27, I beg to say that this Government finds it necessary to send officers to board suspected foreign and native merchant vessels for contraband of war when passing through their territory.

I have the honor to be, your obedient servant,

WU TING FANG.

I may add that at a meeting of the consular body December 6 the decision was merely to acknowledge the receipt of Mr. Wu Ting Fang's letter of November 27, noting that in taking such action as he indicates, he and his associates proceed at their own risk.

I further inform you that I have personally sent copy of your letter of December 2 to me to Mr. Wu Ting Fang. In have the honor to be, sir, your obedient servant,

AMOS P. WILDER,

Consul General.

UNITED STATES ASIATIC FLEET,

U. S. S. "RAINBOW," TEMPORARY FLAGSHIP,

Shanghai, China, December 2, 1911.

SIR Referring to the letter from Mr. Wu Ting Fang, forwarded by you, I beg to state that as the United States has not accorded belligerent rights to the revolutionists in China, I should be unable to acquiesce in the seizure by them of American vessels under any pretext whatever.