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2d. Consequently whenever persons under American jurisdiction shall have occasion to address them in order to obtain respect from persons under French jurisdiction of their rights of authorship over their literary and artistic productions, including photographs, the complaints will henceforth be laid, in the first instance, before the consular court, and appeals will come before the appellate court at Saigon or Hanoi.
3d. The citizens of the possessions of the United States of America will enjoy in China the same treatment as the citizens of the United States of America.
4th. Unauthorized reproductions by persons under French jurisdiction, made previous to the first of January next, of literary, artistic or photographic works executed by persons under American jurisdiction, will be withdrawn from sille or circulation in China before December 31, 1912.
5th. Literary and artistic property in France is regulated by the law of March 29, 1897, which approves the convention signed at Berne on September 9, 1896, for the protection of literary and artistic productions, and also by the law of April 15, 1897, which approves the additional enactment and the declaration of May 4, 1896, modifying the convention of Berne.
I will be under great obligation to you if you will kindly take note of the present declaration and will inform me whether persons under French jurisdiction may count on the same legal protection from the consular authorities in China of the United States of America in all that concerns the ownership of Literary and artistic productions. Accept (etc.]
F. GEORGES Picot.
The American Minister to the French Chargé d'Affaires.
Peking, December 27, 1911. MR. CHARGÉ D'AFFAIRES AND DEAR COLLEAGUE: I have the honor to acknowledge the receipt of your note of December 26, 1911, informing me that you have been authorized by your Government to effect with me by an exchange of notes an agreement for the reciprocal protection in China of French and American copyrights for literary and artistic productions,
I have the honor to inform you in reply that I have been authorized to state that henceforth protection will be afforded in China, in accordance with the laws of the United States and on condition of reciprocity, for the copyrights of French literary, artistic, musical or dramatic works, including photographs, duly registered in the United States, against infringement by persons under American jurisdiction. To that end the American courts in China will be competent to hear all such cases presented by citizens or subjects of France.
I have the honor further to inform you that the protection of literary and artistic property in the United States of America is provided for by the act of Congress of March 4, 1909, amending and consolidating previous acts respecting copyright (U. S. Statutes at Large, vol. 35, chapter 320); and that by a Presidential proclamation of April 9, 1910, this protection is extended to works of authors or proprietors who are citizens or subjects of France. Accept (etc.)
W. J. CALHOUN.
File No. 893.52/6.
REGISTRATION OF THE PROPERTY OF FOREIGNERS IN CHINA.
The American Minister to the Secretary of State.
AMERICAN LEGATION, No. 416.)
Peking, February 5, 1912. Sir: I have the honor to enclose herewith copy of a despatch from the American Vice and Deputy Consul in Charge at Foochow, dated January 12, 1912, and numbered 563, with enclosures thereto; and copies of telegrams exchanged between the Legation and the Consulate at that port, regarding the requirements of the revolutionary authorities there in the matter of registering the property of foreign
The Department's attention is invited to enclosure number 4, being a copy of the Legation's telegram of the 3rd instant to the Consulate at Foochow, in which is communicated the decision of the diplomatic body that property-holding by foreigners is regulated by treaty provision, in which matter consuls can take no action. It will be noted that the Vice Consul in Charge was directed to communicate informally this information to the revolutionary authorities. I have [etc.]
W. J. CALHOUN.
The American Vice and Deputy Consul in Charge at Poochow to the American
AMERICAN CONSULAR SERVICE,
Foochow, China, January 12, 1912.
Although I have answered no despatches except those relating to the actual protection of the life of Americans, and then only by a personal letter, the new Government is constantly sending me despatches. These I am filing and leaving unanswered and have referred all of any importance or interest to the Legation,
Until this Provisional Government is recognized, their statement that “Property not shown in the lists,
will not be regarded as foreign property and on no account can foreigners request that the Chinese Government do anything for them in connection with the same ", seems a little premature.
All property bought under the old regime was registered at the Yamens or at this Consulate, and was always considered foreign property if foreigners held the deeds thereto. Any change in this procedure seems to me to be a matter for arrangement between the Chinese Government and our Legation. Unless instructed to the contrary I shall continue to maintain this position in regard to American property. Awaiting any instructions the Legation may have on this point, I have [etc.]
T. PERCIVALE THOMPSON.
The Revolutionary Commissioner of Foreign Affairs to the American Vice and
Deputy Consul in Charge at Foochow.
DECEMBER 30, 1911 (received Jan. 3, 1912). SIB: I have the honor to state that I have received a despatch from General Sun reading as follows:
As I intend to take special care of the Church and foreign property, I have requested the different consuls at Foochow and Amoy to make definite investigations into their respective Church property at Fukien and the property of their respective merchants at the coast ports of this Province. I have also requested them to forward lists of the property to the Board of Foreign Affairs so that the same Board could instruct their subordinates to give universal protection to the foreign property. As to how detailed reports could be had on foreign property, I have requested the different consuls at Foochow and Amyy to consider this matter. I have also to instruct the Board of Foreign Affairs to look into the matter, and prepare lists and request the foreign consuls to report on the lists.
As I have now got the lists ready for use, I beg to forward them to you, and I re. quest that your honor would instruct your missionaries and merchants to fill in the blanks, and when they have done so, that your bonor would sign them and return them
to me, so that I could instruct my subordinates to give due protection to the American property. After the investigations on American property have been made this time, should new property be bought and owned by American citizens, they will have to at once report same on lists, so that there will be no property left unreported. As to the property not shown in the lists, the same will not be regarded as foreign property and on no account can foreigners request that the Chinese Government do anything for them in connection with same. I deem it necessary to let your honor know of this beforehand. As records show, I have already forwarded a list to your honor and requested that when your honor have got the Church property etc. put down on the blanks your honor will return same to me. This time, it is General Sun's order to investigate also into the property of foreign merchants at coast ports. Comparing with my last request this carries the investigations further. I am in duty bound to address your honor this despatch and I request that your honor will act accordingly.
The American Vice and Deputy Consul in Charge at Foochow to the American
Foochow, January 2, 1912. Shall I furnish Provisional Government complete list American property signed by consular officer, giving area and full value including improvements, as has been requested?
(Inclosures 3 and 4.)
The American Alinister to the Vice and Deputy Consul in Charge at Foochou.
Peking, January 3, 1912. You may give such list unofficially and unsigned.
FEBRUARY 3, 1912. In regard to property list requested by revolutionists, the diplomatic representatives have agreed to instruct consuls to inform de facto authorities that property-holding is a treaty provision; that action cannot be taken by consuls; that reference must be had to diplomatic representatives. Informally com. municate this.
The Acting Secretary of State to the American Minister.
DEPARTMENT OF STATE,
Washington, March 30, 1912. . Sır: The Department is in receipt of your dispatch No. 416 of February 5, 1912, enclosing copies of telegrams exchanged between the Legation and the Consulate at Foochow regarding the requirements of the revolutionary authorities there in the matter of registering the property of foreigners.
Your action in instructing the Vice and Deputy Consul in Charge at Foochow in accordance with the decision reached by the diplomatic body: that property holding by foreigners is regulated by treaty provision, in which matter consuls can take no action, is approved. I am [etc.]
Filc No. 893.015/6.
ADOPTION OF A NATIONAL FLAG.
The American Minister to the Secretary of State. No. 603.]
Peking, July 20, 1912. Sir: I have the honor to enclose herewith two copies of a note from the Chinese Foreign Oflice dated July 13, 1912, quoting an Executive order regarding the national flag, and transmitting copies of designs of naval flags, which are also enclosed herewith, it being thought probable that the Department may deem it advisable to send these designs to the Navy Department. The Commander-in-chief of the United States Asiatic Fleet has been furnished with copies of the enclosures herein mentioned: I have [etc.]
W. J. CALHOUN.
The Vice Minister for Foreign Affairs to the American Minister.
Peking, July 15, 1912. SIR: The Minister for Foreign Affairs, Lou Cheng Hsiang, has received a communication from the Ministry of Marine saying:
" This Ministry has received the order of the President as follows:
The Advisory Council has deliberated and decided that the five-colored flag shall be the National flag; that for the Mercantile flag the National flag will serve very well; that the nineteen-star flag shall be the Army flag ; and the blue sky with a white sun the fag of the Navy. In accordance with Article 22 of the Constitution, I the President Dow therefore proclaim the same.
“ Having received the above order this Ministry has drafted designs of the Naval flags and has fixed the first of August as the date on which the Naval flags will be officially raised, and this communication is written to request your Ministry to take note of the fact and to notify severally the ministers in Peking representing the various powers.”
I have the honor therefore to send enclosed two copies of the designs of the Naval flags, that your excellency may acquaint yourself therewith.
(Extracts from Inclosure 2.)
National flag or jack, and flag of Merchant Marine. Horizontal is to per. pendicular measurement as 4 to 3; horizontal measurement, 5 feet English; perpendicular measurement, 3 feet 9 inches English.
[The accompanying design shows a flag of above proportions with five horizontal stripes of equal width, which, beginning at the top, are consecutively red, yellow, blue, white and black.)
riaval flag, Naval ensign. Horizontal is to perpendicular as 4 to 3. The blue field is one fourth of the total surface of the flag. The radius of the circle of the white sun is one sixth of the perpendicular width of the blue field. The length of the points outside the circle of the sun is one half the radius of the
[The accompanying design shows a red flag with a blue canton, in the center of which is a white, 12-pointed sun.]
[The other designs and descriptions are: flags of the Minister of Marine, Vice Minister of Marine, Admiral in Command, Vice Admiral, Rear Admiral, Commodore, Senior Officer Present; flag of ship on duty or watch tlag; Nuval pennant.)
FIRST INTERNATIONAL OPIUM CONFERENCE.-INTERNATIONAL
OPIUM CONVENTION AND PROTOCOL DE CLOTURE.
Senate Doc. 736, 61st Cong., 8d sess.
Message of the President. To the Senate and House of Representatives: In my annual message transmitted to the Congress on December 7, 1909, I referred to the International Opium Commission as follows:
The results of the opium commission, held at Shanghai last spring at the invitation of the United States, have been laid before the Government. The report shows that China is making remarkable progress and admirable efforts toward the eradication of the opium evil, and that the Governments concerned have not allowed their commercial interests to interfere with a helpful coopera. tion in this reform. Collateral investigations of the opium question in this country lead me to recommend that the manufacture, sale, and use of opium and its derivatives in the United States should be, so far as possible, more rigorously controlled by legislation.
Since making that recommendation, I transmitted to the Congress on February 21, 1910, a report? on the International Opium Commission and on the opium problem as seen within the United States and its possessions, prepared on behalf of the American delegates to the commission, and I gave my approval to the recommendations made in a covering letter from the Secretary of State regarding an appropriation and the necessity for Federal legislation for the control of foreign and interstate traffic in certain menacing drugs, and requested that action should be taken accordingly.
The Congress has so far acted on the recommendations as to appropriate $25,000 to enable the Government to continue its efforts to mitigate, if not entirely stamp out, the opium evil through the proposed international opium conference and otherwise to further investigation and procedure.
I now transmit a further report from the Secretary of State giving cogent reasons why the opium-exclusion act of February 9, 1909, should be made more effective by amendments that will prohibit any vessel engaged in trade from any foreign port or place to any place within the jurisdiction of the United States, including the territorial waters thereof, or between places within the jurisdiction of the United States, from carrying opium prepared for smoking, and that would make it unlawful to export, or cause to be exported from the United States and from Territories under its control or jurisdiction or from countries in which the United States exercise extraterritorial rights where such exportation from such countries is made by persons owing permanent allegiance to the United States, any opium or cocaine, or any derivatives or preparations of opium or cocaine, to any country which prohibits or regulates their entry, unless the exporter conforms to the regulations of the regulating country.
The Secretary of State further points out a defect in the opiumexclusion act of February 9, 1909, in that smoking opium may
1 Continued from For, Rel. 1911, pp. 54-56 ; see also in that volume the pertinent passage in the Annual Message of the President, p. xxiv; and in this volume, p. xxi.
2 Not printed in For. Rel. ; see Senate Doc. No. 377, 61st Cong., 2d sess.