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nable to the postal, copyright, and tariff laws, and subject to examination upon upon being intrusted to the mails. The department, not having itself authority to exempt private postal matter from the operation of law, can not depute to its subordinates any discretionary power in that regard.

Mr. Bergholz appears to understand this in part, for he says: "I should consider it a gross breach of propriety for a consular officer to forward under his seal printed matter for others than himself or his immediate family." but even in this statement he stretches the privilege into a personal prerogative of the consul, when, in fact, it is the official prerogative of his Government.

I am, etc.,

ELIHU ROOT.

INTERVENTION IN BEHALF OF THE ARMENIANS.

The Acting Secretary of State to Minister Leishman.

No. 996.]

DEPARTMENT OF STATE, Washington, January 30, 1906. SIR: I inclose herewith, for your information merely, a copy of a letter which I have addressed to Mr. Oscar S. Straus, answering a letter from him to the President in which he expressed the hope that the President may find it possible to exercise his good offices in behalf of the oppressed people of Armenia.

I am, etc.,

ROBERT BACON.

[Inclosure.--Extract.]

The Secretary of State to Mr. Straus.

DEPARTMENT OF STATE, Washington, January 25, 1906.

SIR: I have to acknowledge, by reference from the President, your letter of the 19th instant in regard to the exercise of his good offices in behalf of the Armenians.

The President has referred to this department for acknowledgment Mr. James B. Reynolds's letter of the 18th instant, with which was presented a petition unanimously signed by influential representative men in France, Italy, Belgium, Sweden, Denmark, Great Britain, Holland, Germany, and Austria-Hungary, appealing to the President to take action to prevent cruelties suffered by the Armenian subjects of Turkey.

The high standing of the petitioners would lend, if that were possible, even greater interest to this question, which has already had the earnest consideration of the President for many years past.

The sympathy of the American people with the oppressed of every country has been repeatedly expressed by various branches of this Government, and in the case of the unfortunate Armenians has been eloquently voiced by the American nation itself. There is no room for doubt in any quarter as to the desire of the President that these Armenians should possess the security of life and property which it has been the concerted aim of the European powers to secure to them. The powers so concerting to conclude the existing treaty of Berlin in 1878Great Britain, Germany, Austria-Hungary, France, Italy, Russia, and Turkeyare, with exception of the last named, represented among the signers of this petition by many of their eminent citizens and subjects. Others of the petitioners belong to European powers not signatories of that treaty but interested in all that may tend to the maintenance of wholesome government and the conservation of a political balance throughout Europe. The United States, also a

nonsignatory, is by the unwritten law of more than a century debarred from sharing in the political aims, interests, or responsibilities of Europe, just as by the equally potent doctrine, now nearly a century old, the European powers are excluded from sharing or interfering in the political concerns of the sovereign states of the Western Hemisphere.

The fulfillment of treaty obligations between the European states is distinctly a political question, as to which the Western Hemisphere can have no voice or part beyond expression or sympathy within appropriate bounds. It is only when the United States is itself a party to a treaty with a European state, or is aggrieved by some act of a European state done contrary to international law and justice, that the United States can act in defense of its own rights, or in redress of the wrongs it may suffer.

As regards the specific suggestions of Mr. Reynolds's letter, it may be said that as the interpretation and fulfillment of treaty obligations is one of the questions which the enlightened sentiment of the age declares should, in default of a direct settlement by mutual agreement, be referred to impartial arbitration, it might be found difficult, if not inconsistent, to bring those very questions of treaty construction and fulfillment before a conference assembled to discuss the provisions to be made for impartial international arbitration. I presume that Mr. Reynolds may really have had the approaching second peace conference of The Hague in mind when he asks the President to "secure the consideration of the needs of Armenia by The Hague tribunal at its next session." There is no Hague tribunal holding periodic sessions. The permanent court of The Hague has no judicial organization or jurisdiction as a body. It merely furnishes an array of impartial jurists. from among whom two or more parties to an international difference may, at their own pleasure, draw arbitrators or an umpire. If the Armenian question is to be brought forward for consideration as a general proposition by the second Hague conference, it would be appropriate that it should be introduced by a treaty party, rather than by an outsider. Once before that conference, the delegates of the United States could treat it with a free hand and within permissible limits.

The proposition that the President take the initiative in convening a special conference to settle the Armenian question could not be admitted unless it were admissible that a European power could rightfully take similar action to bring about a special conference for the settlement of a question of the internal administration of an American republic, or of the treaty relation of other American republics thereto.

The sufferings of the Armenian subjects of Turkey cry aloud for remedy and redress. They shock the humanitarian sense of all mankind, and the world has joined in deploring and condemning the racial antagonisms which have arrayed the incompatible elements of the Turkish population against each other, even as they have arrayed the incompatible elements of the Russian population against the Jew in Russia. No right-minded man can witness such occurrences without craving the power to prevent them; I most sincerely wish that the United States had that power; but in equal sincerity I am convinced that efforts on our part short of rightful and potential intervention could accomplish nothing, and, implying, as they necessarily would, unstinted reprobation of the acts and motives of another State, would do more harm than good to the unfortunate creatures whom it is aimed to benefit. As for moral persuasion being brought to bear, that implies a susceptibility to persuasive influences which is hardly to be presumed in the present instance. I am, sir, etc.,

ELIHU ROOT.

Minister Leishman to the Secretary of State.

[Extract.]

No. 1283.]

AMERICAN LEGATION, Constantinople, February 15, 1906.

SIR: I have the honor to acknowledge the receipt of your dispatch No. 996 of January 30, 1906, inclosing copy of the note addressed to Mr. Oscar S. Straus in reply to the communication addressed to the

President by Mr. James B. Reynolds, presenting a petition numerously signed by influential representative men in France, Italy, Belgium, Sweden, Denmark, Great Britain, Holland, Germany, and Austria-Hungary, appealing to the President to take action to prevent the cruelties suffered by the Armenian subjects of Turkey.

I note with much interest the position assumed by the department regarding this matter, and might add that the action of the President in declining to offer any interference will no doubt prove a great relief not only to the Sultan but also to the European powers, who find the Turkish question a most difficult problem to solve. The mere suggestion of a conference was sufficient to cause considerable worry and anxiety.

I have, etc.,

JOHN G. A. LEISHMAN.

The Acting Secretary of State to Minister Leishman.

No. 1030.]

DEPARTMENT OF STATE, Washington, March 5, 1906. SIR: Your dispatch No. 1283, of the 15th ultimo, is received. Referring to the department's instruction inclosing copy of the letter to Mr. Oscar S. Straus in regard to a petition for the President to take action to prevent the cruelties suffered by the Armenian subjects of Turkey, you say "that the action of the President in declining to offer any interference will no doubt prove a great relief not only to the Sultan, but also to the European powers, who find the Turkish question a most difficult problem to solve; that the mere suggestion of a conference was sufficient to cause considerable worry and anxiety." It is desirable that the position of the United States in this regard be not misunderstood. This Government does not oppose a conference of the Berlin treaty powers. It is simply without the right or opportunity to move toward bringing about such a conference, but that inability to act on our part does not in any way affect the powers or duties which may pertain to the signatories under the Berlin treaty, nor does it tend to relieve the signatories from any obligations they may have contracted among themselves. This Government could not assume to announce any opinion as to the nature or extent of such obligations, except in the case of the interests of equitable rights of the United States being affected by the failure of a signatory to fulfill a plainly expressed obligation of the common treaty. It should be understood that this Government can not renounce in advance its right to protect any legal and equitable interests.

Your obedient servant,

ROBERT BACON.

No. 99.]

URUGUAY AND PARAGUAY.

VISIT OF SECRETARY ROOT.

Minister O'Brien to the Secretary of State.

AMERICAN LEGATION, Montevideo, Uruguay, March 16, 1906. SIR: I have the honor to advise you that I have received a personal note from the minister of foreign affairs relating to your acceptance of Uruguay's invitation, a copy of which is herewith inclosed.

I am, etc.,

[Inclosure.]

EDWARD C. O'BRIEN.

The Minister of Foreign Relations to Minister O'Brien.

MONTEVIDEO, March 15, 1906. DEAR MR. MINISTER: With my best compliments I can inform you that yester day at 11 p. m. I received from Washington the following cablegram: Secretary accepts with especial thanks. I made him aware of initiative.

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MONTEVIDEO, August 10, 1906. I have just given the first hand-shaking to Secretary of State Elihu Root. I salute you with lively sentiments of American brotherhood. JOSÉ BATLLE Y ORDOÑEZ.

No. 169 B.]

Minister O'Brien to the Secretary of State.

[Extracts.]

AMERICAN LEGATION, Montevideo, Uruguay, August 23, 1906. SIR: I think it proper that I should, in a dispatch to the depart ment, give full account of the visit to Uruguay of the Secretary State, Mr. Elihu Root, and for this purpose I am inclosing clippings

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from local newspapers covering the period of his stay in UruguayAugust 10-13, 1906-which it is thought furnishes complete information.

It is difficult for me to describe adequately the vast advantages to the humanity of Uruguay to be gained from Secretary Root's visit.

I will state, however, that it is the consensus of opinion among those whose first concern is the welfare of the whole country that Secretary Root has, by his declarations before the Pan-American Congress at Rio de Janeiro, given a better direction to the political affairs of South America than any other public man who has addressed himself to pan-American fraternity.

A careful perusal of the inclosures herein will show that his declarations have been received and accepted in Uruguay as the fundamental principles only under which pan-American fraternity can be attained.

I have no hesitancy in saying that time will fully justify this high estimate of the good which will follow Secretary Root's visit to Uruguay.

I am, etc.,

EDWARD C. O'BRIEN.

[Inclosure 1.-Translation of article from El Dia of August 9, 1906.] MR. ROOT'S VOYAGE-PROGRAMME OF FESTIVITIES OTHER RESOLUTIONS-TO-MORROW DECLARED HOLIDAY-OTHER NOTICES-COMMITTEE ON FESTIVITIES.

To the end of formulating the definite programme of the festivities, the committee on festivities met yesterday in the salons of the Jefatura Politica, Mr. Sumaran being in the chair. Messrs. Blas Vidal, jr., Salgado, Garcia Acévedo (C.), Saavedra (L.), Brizuela, Manini Rios, Arena, Oneto y Viana, Vidiella, Garcia Acevedo (I.), Amezaga, Blanco Acevedo (P.), Piera (A.), Prat, and del Castillo.

After a long deliberation it was agreed to give the complete programme to publicity, which is below, of the festivities to take place on August 10, 11, and 12.

Lastly, a new number was introduced into the programme, fireworks in Plaza Independencia on Saturday night.

The programme of festivities:

August 10-10 a. m., reception. The committee will go out in the national steamer Triton, which will anchor near the Charleston. A delegation will go aboard said cruiser to invite Mr. Root and suite to land.

12 m., breakfast in the American legation.

3 p. m., reception in the Government House and military defile.

7.30 p. m., banquet offered by the minister for foreign affairs.

9.30 p. m., gala performance in honor of Mr. Root in the Urquiza theater.

August 11-10 a. m., excursion through the suburbs of Montevideo and breakfast at Villa Colon.

3.30 p. m., garden party offered by the students in Prado.

4.30 p. m., reception in the municipal building.

7.30 p. m., banquet offered by the President of the Republic in the Government house.

9.30 p. m., fireworks in Plaza Independencia.

10 p. m., gala performance in Solis theater, the public powers assisting. August 12-12 m., breakfast offered by the committee on honors in the salon of the Atheneum.

5.30 p. m., fête offered by Mr. Rosselly Rius in Villa Dolores.

7.30 p. m., banquet in the American legation.

11 p. m., ball at Uruguay Club.

August 13, embarkment of Mr. Root and reception aboard cruiser Charleston.

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