signed with the fallen Government. He, moreover, announced to him that he would have soon to confer with him on the Message of General Baëz, which had just been communicated to him. Mr. Cárlos Nouel declared to us that it was not his mission to treat these questions; that he was about to refer them to his Government, and demanded his passports. The Government remitted them to him; but, endeavouring to show its firm desire to preserve the best relations between Santo Domingo and Hayti, it did not consider this demand as a rupture, and asked to know the person left in charge of the Dominican Legation during Mr. Cárlos Nouel's absence. I have said enough on the state of our relations with Santo Domingo, so that you may form a just idea of them. Knowledge of the men that are in power in the East, and a narrative of facts that took place there, suffice to put the question in its true light. Notwithstanding, if some incidents independent of the will, distorted even for the most part, have been produced, which have exercised a happy influence on the relations of Haytians and Dominicans, my Government proposes to bring them to a common satisfaction of the two countries, counting on the patriotism and good sense of the Dominican population. It hopes that these clouds will very soon disappear after loyal explanations, and that the two Republics, understanding that it is their common interest to unite and understand each other, will re-establish and strengthen those ties so far as to gather all the fruits of happiness and satisfaction possible. As for us Haytians, whatever they may say or do, we must try to preserve and cement peace with our sister, Santo Domingo. It would be puerile to defend ourselves from the idea of conquest or of domination, which we are reproached with. Such accusations fall of themselves. We have no interest in fomenting troubles among neighbours, whose independence we respect as well as we cherish our own. Let our attention constantly bear upon the Government established at Santo Domingo, and, if it is desirous, as we are, to maintain in their fulness these great principles of territorial inalienability which we proclaim, let us extend to it a fraternal hand, and, by a frank and sincere union, march with it to the conquest of progress and of civilization. DECLARATION between Italy and Sweden and Norway for the Interpretation of Article VIII of the Treaty of Commerce of June 14, 1862,* relative to the Exemption of Consular Officers from Military Service.-Signed at Rome, July 4, 1877. LES Soussignés, Ministre des Affaires Étrangères de Sa Majesté le Roi d'Italie, et Envoyé Extraordinaire et Ministre Plénipotentiaire de Sa Majesté le Roi de Suède et Norvège près Sa Majesté le Roi d'Italie, dûment autorisés à cet effet, déclarent: Que l'exemption du service militaire et de celui de la Garde Nationale, stipulée par l'Article VIII du Traité de Commerce et de Navigation conclu à Turin le 14 Juin, 1862, en faveur des Consuls, Vice-Consuls, et Agents Consulaires de l'un des deux États dans l'autre, ne saurait être appliquée aux sujets respectifs, qui restent à cet égard entièrement soumis aux prescriptions des lois en vigueur dans les propres pays. En foi de quoi ils ont signé la présente Déclaration, faite en double exemplaire, et y ont apposé le sceau de leurs armes. Fait à Rome, le 4 Juillet, 1877. (L.S.) MELEGARI.. (L.S.) ESSEN. CORRESPONDENCE between Great Britain and the United States, respecting the Trial, within British Territory, of a naturalized American citizen (Peter Martin) for an Assault committed by him when within the jurisdiction of the United States. (Stickine River. Alaska.)-1876--1877. SIR, Mr. Fish to Sir Edward Thornton. Department of State, Washington, November 2, 1876. I HAVE the honour to invite your attention to a case which has recently been reported to this Department by the Consul of the United States at Victoria, British Columbia. It appears that one Peter Martin, who is said to be a naturalized citizen of the United States, and formerly a resident of Washington Territory, was on the 6th of September last tried before the Court of Assize, held at Laketon, Cassiar, Province of British Columbia, upon true bills found by the grand jury, alleging assault upon am officer in the execution of his duty, prison breach, and escape from * Vol. LVII. Page 313. custody; he was found guilty, and sentenced to 15 mouths' imprisonment in the jail at Victoria. The prisoner was in the custody of constables, and the route travelled through Alaska was by canoe, via the Stickine River. On the 12th of September they made a landing at a point on that river, only a few miles from its mouth, within the Territory of Alaska, for the purpose of cooking food. While thus engaged the prisoner, although manacled, by some means obtained possession of a loaded shot gun, and made a deadly assault upon Francis Beegan, one of the constables, at whose hands, it is alleged, the prisoner had suffered indignities. He was, however, overpowered, and at once conveyed to Wrangle Harbour, where he was placed on board the British steamer Grappler, and taken to Victoria. It further appears, from what has been intimated to the Consul, that Martin will be fully committed for this assault, and that his case will be given to the grand jury, where a true bill will most likely be found against him, and that the case will then come up in the Supreme Court scme time during the present month. From the facts presented in this case, it is suggested that the verson in question should not be tried for the offence with which he is charged, it having been committed, as is reported, within the jurisdiction of the United States, and that, such being the case, he should be set at liberty. I will, therefore, thank you, at your earliest convenience, to call the attention of Her Majesty's proper authorities to the matter, in order that a thorough examination of the facts in the case may be made. I have, &c., Sir E. Thornton. SIR, HAMILTON FISH. Sir E. Thornton to Mr. Fish. Washington, November 6, 1876. I HAVE the honour to acknowledge the receipt of your note of the 2nd instant, relative to the case of Peter Martin, held for trial in British Columbia for an offence committed within the jurisdiction of the United States, and to inform you that I have transmitted a copy of your note to the Governor-General of the Dominion of Canada, in order that inquiries may be made into the circumstances of the case, and such action taken as may be proper. Hamilton Fish, Esq. SIR, I have, &c., EDWD. THORNTON. Mr. Fish to Sir E. Thornton. Department of State, Washington, December 6, 1876. REFERRING to my note of November 2, respecting the case of Peter Martin, who, while being transported through American territory, had made an assault upon his custodians, and had thereupon been arraigned for the same, I have the honour to inform you that I have been furnished with a copy of a communication addressed by Mr. J. B. Lovell, said to be a Justice of the Peace, to Captain Jocelyn, an officer of the United States' Army, commanding at Fort Wrangle, Alaska, bearing date Glenora, Cassiar, British Columbia, September, 1876, in which it is stated that "the absence of any jail here, or secure place of imprisonment, necessitates sending him (Peter Martin) through as soon as possible; and I hope you will excuse the liberty we take in forwarding him through the United States' territory without special permission." A copy of this communication I herewith inclose. It would appear thereby that there was no doubt as to the fact of the transmission of the prisoner through the territory of the United States, and that the presence of the prisoner upon American soil arose from no mistake, but from the intentional act of the Colonial authorities in so transporting him. I should be glad to be advised of any information concerning the case which you may receive, and have felt it my duty to transmit to you this further information. Sir E. Thornton. I have, &c., HAMILTON FISH. DEAR SIR, (Inclosure.)-Mr. Lovell to Captain Jocelyn. Glenora, Cassiar, British Columbia, September, 1876. I HAVE received advice from A. W. Nowell, Esq., Stipendiary Magistrate for the district, saying that a prisoner named Peter Martin, who has been sentenced to a term of imprisonment by the Supreme Court, is being conveyed by constables to Victoria, and requesting me, as one of Her Majesty's Justices of the Peace, to do what I can to have him conveyed safely. The absence of any jail here, or secure place of imprisonment, necessitates sending him through as soon as possible, and I hope you will excuse the liberty we take in forwarding him through United States' territory without special permission. The prisoner is in charge of constables, under sealed orders from the Supreme Court, and anything you can do to facilitate and secure his safe passage to Victoria will be highly appreciated. Captain Jocelyn, I have, &c., JOHN B. LOVELL, J.P. Officer Commanding Fort Wrangle, Alaska. SIR, Mr. Fish to Sir E. Thornton. Department of State, Washington, January 10, 1877. REFERRING to the correspondence which has take place concerning the case of Peter Martin, held in custody in British Columbia, and particularly to my notes of the 2nd of November and the 6th of December last, I have now the honour to inform you that a despatch has been received from the Consul of the United States at Victoria, dated December 20, stating that Martin had been brought to trial for the assault charged against him, in a Court of Assize held at Victoria, on the 16th December ultimo, before the Hon. P. P. Crease, a Justice of the Supreme Court of the Province, and had been found guilty and sentenced to one year and nine months' imprisonment at hard labour, to take effect after the expiration of the term of imprisonment of 15 months to which he was sentenced in September last. The Consul, who was present at the trial, states that two witnesses, who were on the spot at the happening of the occurrence, testified that the assault occurred in what is considered to be Alaska territory, one locating the point near the Stickine River, 8 or 10 miles from its mouth, the other at a distance of some 10 or 20 miles from its mouth, and that the Judge, in charging the jury, referred at some length to the point of jurisdiction, and to the fact that a question had been raised by this Government concerning the right of a Court in the province to try the prisoner for an offence committed in Alaska, and to correspondence between the two Governments, but stated to the jury that he would entirely disembarrass them on that point by saying that no evidence had been produced or could be produced to show that the offence for which the prisoner was on trial was really committed in Alaska, as the boundary between the two countries on the Stickine River remained undetermined, and no line of demarkation existed showing how far up that river American territory actually extends, whether it was 5 miles, 10 miles, or 30 miles; and that, under these circumstances, the Court had jurisdiction or concurrent jurisdiction, and the proceedings in trying the prisoner were just and proper. In the note originally addressed to you, under date of November 2, it was suggested that if it appeared that the assault was committed within the territory of the United States, Martin could not properly be tried for the offence with which he was charged, and that he should be set at liberty; and I had the honour to request that you would call the attention of Her Majesty's proper authorities to the case, that an examination of the facts might be made before the case was disposed of. The facts were laid before you, and while no unnecessary promi |