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formulated for the guidance of the legations shall have been accepted by the diplomatic body each legation will proceed to dispose of the claims of its own nationals in accordance with the principles agreed upon.
In explanation of this action I have the honor to recall to the attention of the Department the fact that in past instances of the presentation of claims against the Chinese Government for losses sustained on account of riots some firms have included in their claim indemnities to Chinese employees. Some have included in the firm's claims those for losses of personal property sustained by members of the firm, while others have separated personal claims from those if the company. In many cases there has been difficulty in determining the amount of compensation for bodily injuries or loss of life, some legations demanding much greater compensation than others.
It is very desirable that there be uniformity of action by the several legations with respect to these and similar questions that may arise in considering the claims presented, and this result can perhaps be secured through the recommendations of such a commission as has been agreed upon. I have (etc.)
W. J. CALHOUN.
File No. 493.00.
The Acting Secretary of State to the American Minister.
DEPARTMENT OF STATE, No. 250.]
Washington, May 13, 1912. Sir: The Department is in receipt of your dispatch No. 513 of April 11 last, and approves of the common plan of procedure proposed by the diplomatic body by which a commission appointed by it shall formulate certain general principles for the guidance of the various legations in disposing of the claims of their respective nationals growing out of the recent disturbances in China.
In this connection however you are referred to the Department's instruction of April 4, 1912, relating to the manner of treating the claims of American citizens and firms. I am [etc.]
ASYLUM REQUESTED AT THE AMERICAN LEGATION AND CONSUL
ATE AT FOOCHOW; TEMPORARY REFUGE OFFERED.
File No. 893.00/635.
The American Vice Consul at Foochow to the Secretary of State.
Foochow, (Received November 17, 1911.) The right of asylum may be requested by the mandarins. Instructions requested.
The Acting Secretary of State to the Vice Consul at Foochoro.
DEPARTMENT OF STATE,
Washington, November 7, 1911. The right of consular asylum is not claimed by this Government, but you may use your discretion as to granting temporary refuge where such is necessary to preserve innocent human life, carefully avoiding action that might appear partisan.
File No. 893.00/650.
Peking, November 10, 1911. Asylum at the Legation has been asked by the Emperor and Empress Dowager, which I strongly urge be granted.
The Secretary of State to the American Chargé d'Affaires.
DEPARTMENT OF STATE,
Washington, November 10, 1911. In accordance with the uniform policy of this Government you may at your discretion afford temporary refuge where such is necessary to preserve innocent human life, first ascertaining that your colleagues believe safety of the legation quarter not thereby endangered.
SEARCH OF FOREIGN MERCHANT VESSELS BY REBEL FORCES FOR
CONTRABAND OF WAR. File No. 893.00/607.
The American Chargé d'Affaires to the Secretary of State.
Peking, October 26, 1911. The rebel commanding general, Li, informed consuls October 22 that he will confiscate ships carrying contraband, and gave a list of goods to be considered contraband. The Dean of the diplomatic corps suggests that although General Li has no power to confiscate foreign ships carrying articles not prohibited by treaty with China, foreign shipping companies should nevertheless be advised to abstain from trade in munitions of war until the situation clears. May I concur? Consular body has informed General Li that they have taken notice of his communication.
File No. 893.00/739.
of the Navy.
Shanghai, December 2, 1911. A communication signed Wu Ting Fang, received through the American Consul General, announces intention to patrol near Woosung and Kiang Yin forts for the purpose of boarding and searching foreign merchant vessels for contraband of war, and threatening seizure and confiscation before prize court if discovered; also requesting that vessels do not anchor near Woosung forts, in order to preserve line of fire. I have replied to the Consul General that, as the rebels are not recognized by the United States as belligerents, I can not allow the seizure of American ships under any pretext; and that, while American vessel will clear line of fire in case of actual fighting, the request to do so while there are not any hostile men-of-war in China involves unnecessary inconvenience to trade guaranteed by treaty with titular Government.
It is currently reported that munitions of war have been carried to Hankow by German steamers.
Me No. 893.00/747.
SHANGHAI, December 4, 1911. The Nanshan fired at from Kiukiang forts; the error has been admitted. I have directed the Albany's commanding officer to investigate and if necessary obtain an apology.
File No. 893.00/772. [Telegram.-Extract. Transmitted to the Secretary of State December 12, 1911.)
DECEMBER 12, 1911. Wu Ting Fang, recognized by all factions as in charge of foreign affairs, has submitted apology for firing upon Nanshan and has given assurance of no repetition.
ARRANGEMENT BETWEEN THE UNITED STATES AND FRANCE FOR
RECIPROCAL PROTECTION IN CHINA OF LITERARY AND ARTISTIC PROPERTY.
File No. 893.54/296.
The American Minister to the Secretary of State. No. 249.]
Peking, May 31, 1911. Sir: I have the honor to enclose herewith copy of a letter dated May 26, 1911, addressed to me by the French Minister here requesting to be informed as to the willingness of the American Government to conclude an arrangement with the French Government by an exchange of notes between our two Legations here for the reciprocal protection of literary and artistic property in China. Mr. de Margerie refers in this letter to the arrangement effected several years since by an exchange of notes between certain of the treaty powers represented at Peking, providing for the protection of their trademarks in China, and encloses copy of the convention of September 14, 1909, between Japan and France, which includes copyright as well as trademark protection in China. The French Minister states moreover that his Government, believing it might be to the common interests of our respective nationals to adopt, as regards the reciprocal protection of intellectual property in China, an arrangement similar to that contained in the Tokio convention, has instructed him to inquire whether the American Government would be favorable to the conclusion of such an arrangement, effected by an exchange of notes between our two Legations.
* Not printed.
While I have thus far received no complaint as to the infringement of American copyrights by foreigners in China, yet it is not at all unlikely that cases may arise at any time, particularly as large numbers of American textbooks are already in use and are gradually growing in favor in the new schools throughout the Empire, and the facilities for their re-publication are afforded by the numerous foreign publishing houses in the treaty ports of China.
In this connection I beg to report that the attention of the Legation has recently been called to a number of infringements of American copyrights by Chinese publishing houses in China. Protection against these infringements is most urgent, and I feel constrained therefore to call the Department's serious attention to the importance of concluding a copyright convention with China. As to the utter inadequacy of Article XI of our present treaty? to afford any real protection in China to American literary property the Department is well aware. In my opinion it is only by a new convention that any effectual protection for American copyrights in China can be obtained. Even with the American-Japanese convention of May 19, 1908, and the proposed arrangements with the other foreign treaty powers secured, and even if Chinese subjects were not given to infringing American copyrights, there would still be, in the absence of formal protection against Chinese infringement, the likelihood that foreigners in China would carry out their piracies under Chinese names or through Chinese agents. I have [etc.]
W. J. CALHOUN.
The Acting Secretary of State to the American Chargé d'Affaires.
DEPARTMENT OF STATE,
Washington, September 29, 1911. Sir: Referring to the Legation's dispatch No. 249 of May 31, 1911, relative to the inquiry of the French Minister at Peking as to the
1 See Foreign Relations 1905, p. 169. 2 See Foreign Relations 1903, p. 97. * See Foreign Relations 1908, p. 521.
willingness of the Government of the United States to enter into an arrangement with the French Government for the reciprocal protection of literary and artistic property in China, I have to inform you that the Register of Copyrights, to whom the question was referred, has replied that as the agreement proposed with France is identical with the treaty between the United States and Japan signed May 19, 1908, no obstacles are known to prevent the consideration and conclusion of a similar treaty relating to copyrights between the United States and France.
You are therefore instructed to endeavor to effect such an arrangement by an exchange of notes with the French Legation on the basis of precedents established for the protection of trademarks among foreigners in China. You will also sound the other legations at Peking in regard to the matter, with a view to concluding similar arrangements with their respective governments. I am [etc.]
ALVEY A. ADEE.
File No. 893.54/298.
The American Minister to the Secretary of State.
Peking, January 5, 1912. Sir: In acknowledging the receipt of the Department's instruction No. 175 of September 29, 1911, relating to a proposed arrangement with the French Government for the reciprocal protection of literary and artistic property in China, I have the honor to send enclosed copies of the notes recently exchanged with the French Legation following the precedents established for the protection of trademarks among foreigners in China.
I have the honor to state further that if these notes meet with your approval I shall approach the other legations in Peking in compliance with your instruction acknowledged above, with a view to concluding similar agreements with their respective governments. I hare (etc.)
W. J. CALIIOUN.
The French Chargé d'Affaires to the American Minister,
LEGATION OF THE FRENCH REPUBLIC IN CHINA,
Peking, December 26, 1911. Mr. MINISTER: Our Governments being desirous of assuring to French and American citizens and subjects reciprocal protection in China of the rights of anthors over their literary and artistic productions to the same extent that they are protected in French and American territories and possessions, I have been instructed by the Minister for Foreign Affairs of France to communicate to you the following:
Ist. By virtue of the civil and criminal jurisdiction with which they are vested and which they exercise in China, the consuls and consular courts of France are competent to take cognizance of all complaints that may be laid before them relative to the violation of the rights of authorship by persons under French jurisdiction.