Nr. 13150. AUSTRALIEN. 9. Juli 1900. Bundesverfassung. Genehmigt Der Text ist wie in Nr. 13132 mit folgenden Änderungen: 2. The provisions of this Act and of the Constitution set forth in the schedule to this Act referring to the Queen shall extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom. 3. It shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Australia, shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia. But the Queen may, at any time after the proclamation, appoint a Governor-General for the Commonwealth. 6.,,The Commonwealth" shall mean the Commonwealth of Australia as established under this Act. ,,The States" shall mean such of the colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, Western Australia, and South Australia, including the northern territory of South Australia, as for the time being are parts of the Commonwealth, and such colonies or territories as may be admitted into or established by the Commonwealth as States; and each of such parts of the Commonwealth shall be called ,,a State". „Original States" shall mean such States as are parts of the Commonwealth at its establishment. 74. No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question howsoever arising as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave. Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor General for Her Majesty's pleasure. 125. The seat of Government of the Commonwealth shall be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth, and shall be in the State of New South Wales, and be distant not less than one hundred miles from Sydney. Such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of Crown lands shall be granted to the Commonwealth without any payment therefor. The Parliament shall sit at Melbourne until it meet at the seat of Government. Staatsarchiv LXIX. 14 Zur Entstehung des russisch-japanischen Krieges von 1904. Verhandlungen über Korea und die Mandschurei.*) Nr. 13151. JAPAN. Minister des Ausw. Baron Komura an den Gesandten in Petersburg Kurino. — Protest gegen die dauernde Besetzung der Mandschurei durch Rußland als bedrohlich für Korea und Japan. Soll die russische Regierung zu Verhandlungen auffordern. Tokyo, July 28th, 1903. (Telegram.) || The Japanese Government have observed with close attention the development of affairs in Manchuria, and they view with grave concern the present situation there. So long as there were grounds for hope that Russia would carry out her engagement to China and her assurances to other Powers on the subject of the evacuation of Manchuria, the Japanese Government maintained an attitude of watchful reserve. But the recent action of Russia in formulating new demands in Peking and in consolidating rather than relaxing her hold on Manchuria compels belief that she has abandoned the intention of retiring from Manchuria, while her increased activity along the Korean frontier is such as to raise doubts regarding the limits of her ambition. The unrestrained permanent occupation of Manchuria by Russia would. create a condition of things prejudicial to the security and interest of Japan. Such occupation would be destructive of the principle of equal opportunity and in impairment of the territorial integrity of China. But, what is of still more serious moment to the Japanese Government, Russia stationed on the flank of Korea would be a constant menace to the separate existence of that Empire, and in any event it would make Russia the dominant power in Korea. Korea is an important outpost in Japan's line of defence, and Japan consequently sonsiders the independence of Korea absolutely *),,Japan Times" 25. März 1904. Red. essential to her own repose and safety. Japan possesses paramount political as well as commercial and industrial interests and influence in Korea, which, having regard to her own security, she cannot consent to surrender to, or share with, any other Power. The Japanese Government have given the matter their most serious consideration and have resolved. to approach the Russian Government in a spirit of conciliation and frankness with a view to the conclusion of an understanding designed to compose questions which are at this time the cause of just and natural anxiety; and in the estimation of the Japanese Government, the moment is opportune for making the attempt to bring about the desired adjustment. | The Japanese Government, reposing confidence in your judgment and discretion, have decided to place these delicate negotiations in your hands. It is the wish of the Japanese Government to place their present invitation to the Russian Government entirely on an official footing, and you are accordingly instructed to open the question by presenting to Count Lamsdorff a Note Verbale to the following effect: „The Imperial Japanese Government, believing that the Imperial Russian Government share with them the desire to remove from the relations of the two Empires every cause of future misunderstanding, would be glad to enter with the Imperial Russian Government upon examination of the condition of affairs in the Extreme East where their interests meet, with a view to a definition of their respective special interests in those regions. If, as is confidently hoped, this suggestion meets approval in principle, the Imperial Japanese Government will be prepared to present to the Imperial Russian Government their views as to the nature and scope of the proposed understanding." In presenting the foregoing note to Count Lamsdorff, you will be careful to make him understand that our purposes are entirely friendly, but that we attach great importance to the subject. You will present the note to Count Lamsdorff as soon as possible, and keep me fully informed regarding the steps taken by you under this instruction; and immediately upon the receipt of an affirmative reply from the Russian Government, the substance of our proposals will be telegraphed to you. Lamsdorff, der mit dem Zaren über den Vorschlag Petersburg, July 31ts, 1903. (Received, Angust 2nd, 1903.) (Telegram.) || Your Excellency's telegram of the duly received. In accordance with the instructions contained therein, I saw Count Lamsdorff to-day and, before handing to His Excellency the Note Verbale, I stated substantially as follows: „The condition of affairs in the Far East is becoming more and more complicated, and unless something be done at present with the view of removing all causes of misunderstanding between Japan and Russia, the relations of the two countries will increase in difficulty, entailing nothing but disadvantages to both countries. Under the circumstances, the Imperial Government, fully animated by a spirit of frankness and conciliation, have decided to approach the Imperial Russian Government with a view to arrive at an understanding." I then handed to him the Note Verbale, saying that I was so instructed. After he had seen it, I expressed my ardent hope that the Russian Government would share the above view in the same spirit, Count Lamsdorff said that he was perfectly satisfied with the decision of the Japanese Government, for, as he had said to me very often, an understanding between the two countries is not only desirable, but is the best policy; should Russia and Japan enter into full unterstanding, no one would in future attempt to sow the seeds of discord between the two countries. So far as he was concerned, he was, he said, in perfect accord with the view of the Japanese Government; but he wished to see the Emperor on the subject before a definite answer was given. He expects to see the Emperor next Tuesday, and promised to give me an answer on the following day. He added that the Emperor would surely approve the matter. Nr. 13153. JAPAN. - Komura an Kurino. Entwurf eines Vertrags; Garantie der Integrität Chinas und Tokyo, August 3rd, 1903. Koreas. (Telegram.) In reference to my telegram of the 28th July, the Japanese Government, after giving most serious consideration to the condition of affairs in those centres where the interests of the two Powers meet, have decided to propose the following as the basis of an understanding between Japan and Russia. 1. --- Mutual engagement to respect the independence and territorial integrity of the Chinese and Korean Empires and to maintain the principle of equal opportunity for the commerce and industry of all nations in those countries. 2. Reciprocal recognition of Japan's preponderating interests in Korea and Russia's special interests in railway enterprises in Manchuria, |