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While in general terms saying that Austria-Hungary would take the same view and attitude as the other neutral powers in the direction pointed out by your instruction, he repeated what he had said on a previous occasion, already reported by me, that the interests of Austria-Hungary were so slight and remote in all the extreme Eastern questions that there should be no expectation from any quarter that his Government would take any initiative or active part nor do more than follow what might be agreed upon by such other neutral powers as had real and weighty interests at stake. He preferred to have some enlightenment as to what was meant by the "neutrality of China" from a territorial point of view, as to whether that was intended to include Manchuria or no, before giving any instructions to the Austro-Hungarian representatives at St. Petersburg, Tokyo, and Peking.

His views are that the military operations having necessarily to be conducted on land in Manchuria, recognized as part of China, or in Korea, two neutral countries, gave rise to an abnormal condition of affairs which made it difficult to be precise in terms, and also necessary to have a clear notion of the territorial extent of the neutrality which it is hoped will be respected by the belligerents.

I may add that these peculiar circumstances and the dangers of hitherto unsettled questions in international and belligerent law coming suddenly forward for consideration are looked on with great apprehension among official and diplomatic circles in Vienna.

As to that part of your instruction which asked the opinion of the Austro-Hungarian Government of the desirability of the neutral powers using concurrent good offices to induce the respect of Chinese neutrality, Count Goluchowski was quite cool and rather pessimistic so far as any great effect could be anticipated. In his opinion the proclamation of neutrality by all the powers, and the strict carrying out of the duties of neutrals, would probably do all that any concurrent effort to mediate further could be expected to accomplish.

However, as I have said above, Austria-Hungary feels disposed to follow the lead of powers having greater interests at stake, provided these powers can come to a definite agreement as to methods and aims.

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I have, etc.,

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Mr. Hay to Mr. Storer.

[Telegram.-Paraphrase.]

BELLAMY STORER.

DEPARTMENT OF STATE, Washington, February 13, 1904.

(Mr. Hay informs Mr. Storer that this Government desires China's neutrality to be respected everywhere so far as is practicable in a state of war which must of course be carried on in part on the waters or soil of China. But to make a general agreement of the powers possible this Government does not specify metes or bounds.)

Mr. Storer to Mr. Hay.

No. 106.]

AMERICAN LEGATION, Vienna, February 15, 1904. SIR: I have the honor to acknowledge the receipt of your instruction arriving midnight Saturday.

At the earliest moment to-day I had an interview with the minister for foreign affairs. He had considered the questions involved, and the effect of the above instruction was that he declared that under the limitations heretofore expressed by him, and reported by me, arising necessarily from the slight importance of Austria-Hungary's interests in the Far East in comparison with those of other powers, he was entirely in accord with the intentions, now understood, of your instruction and could find no fault with the view and wishes of the United States Government. He added he would at once instruct the diplomatic representatives of Austria-Hungary at St. Petersburg, Tokyo, and Peking in accordance with this view, and authorized me to cable this to you.

He repeated again that, in details, Austria-Hungary would not be disposed to take any initiative, but would be found in accord with whatever the powers more in interest might be able to agree upon.

I have, etc.,

BELLAMY STORER.

[NOTE. See circular of February 20, 1904, printed p. 2.]

a

VISIT OF AN AMERICAN FLEET TO AUSTRIAN PORTS.

Mr. Hay to Mr. Storer.

No. 72.]

DEPARTMENT OF STATE, Washington, February 26, 1904.

SIR: As long ago as last June it was planned by the Navy Depart ment that after the winter and spring maneuvers of the United States battle-ship squadron in the Caribbean Sea that squadron should make voyage to European waters, accompanied by the European Squadron.

It was proposed that the vessels should visit Lisbon, Trieste, and possibly one of the French Mediterranean ports, remaining in each port about three weeks, after which they would proceed together to Gibraltar, the battle-ship squadron then returning to the United States and the European Squadron of course remaining on its station.

The object of this visit being simply to afford the vessels and their crews the opportunities for practice incident to an extended transAtlantic voyage, and as the visit is without significance of any kind, this Government would be gratified if the courtesies and attentions to the squadrons were limited to the simple, ordinary formalities of such occasions on entering the port visited.

The date of the proposed visit is not yet fixed, but it will be shortly after the conclusion of the maneuvers in the Caribbean Sea now about to take place. You will be advised further as soon as the time shall be set.

I am, sir, etc.,

JOHN HAY.

Mr. Storer to Mr. Hay.

No. 115.]

AMERICAN LEGATION,
Vienna, April 14, 1904.

SIR: As your instruction No. 72, bearing date of February 26, called for no official action until further advice from the Department, I deemed it best to bring unofficially to the attention of the foreign office the intended cruise of our ships of war in the Mediterranean, as well as the wishes of our Government as to the courtesies and attentions which might otherwise be offered to the navy of a friendly power on such an occasion.

To this unofficial communication I have the honor to report I have to-day received the answer of the foreign office, also unofficial in form, but containing information of sufficient importance to transmit at once for the consideration of the Department. It will be seen that no more than three war ships of the United States may enter at the same time any Austrian or Hungarian port, nor more than six enter Austro-Hungarian waters until, as a preliminary, permission is asked for through the diplomatic channel.

I inclose a copy and a translation of the letter of the under secretary of state, Ritter von Mérey.

I have, etc.,

BELLAMY STORER.

[Inclosure.-Translation.]

Mr. Mérey to Mr. Storer.

IMPERIAL AND ROYAL MINISTRY FOR FOREIGN AFFAIRS,
Vienna, April 12, 1904.

MY DEAR AMBASSADOR: I have at once communicated to the proper quarter the contents of the note that your excellency was good enough to send on the 30th of March to inform the Government of Austria-Hungary that a United States squadron was to visit several ports of Europe this summer, and among them would stop at Trieste.

The naval section of the war department of Austria-Hungary has received the news of this visit to one of our ports with the greatest pleasure. Yet it is thought that the attention of the Government of the United States should be called to article 2 of the law in force on " The approach to the Austro-Hungarian coast of war vessels of friendly powers." By the terms of this article it is interdicted for more than three ships of war of the same foreign navy to anchor at the same time in the same port; and for more than six of such ships of war to remain in the neighborhood of our coast, unless a special authorization therefor has been previously asked for through the diplomatic channel. The newspapers having spoken of a much larger number of ships, it is of importance, in order to avoid any misunderstanding, that timely notice should be given of this restriction to the Government of the United States.

I beg to add that the Austro-Hungarian naval authorities will take notice of the desire of your excellency to confine the marks of courtesy to the formalities of rule and custom and take this occasion to renew to you, my dear ambassador, the assurances, etc.

For the minister:

MÉREY.

Mr. Hay to Mr. Storer.
[Telegram.-Paraphrase.]

DEPARTMENT OF STATE,
Washington, April 29, 1904.

(Mr. Hay instructs Mr. Storer to request permission for a fleet of nine American naval vessels to make a friendly visit to Austro-Hungarian waters and to the port of Trieste.)

Mr. Loomis to Mr. Storer.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE,
Washington, May 2, 1904.

(Mr. Loomis instructs Mr. Storer to include Fiume when requesting permission for the United States fleet to enter Austro-Hungarian ports.)

Mr. Loomis to Mr. Storer.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE,
Washington, May 14, 1904.

(Mr. Loomis advises Mr. Storer that our fleet will arrive at Trieste about July 1 and will remain in Austrian waters about two or three weeks.)

Mr. Storer to Mr. Hay.

No. 131.]

AMERICAN LEGATION,
Vienna, May 18, 1904.

SIR: I have the honor to report that last evening I received the official answer of the Government of Austria-Hungary to the request for permission to visit Trieste and Fiume, as well as to remain in AustroHungarian waters, on the part of our fleet.

It will be seen from the copy and translation I have the honor to inclose that the answer is in the affirmative.

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I have, etc.,

[Inclosure. Translation.]

BELLAMY STORER.

Mr. Mérey to Mr. Storer.

IMPERIAL AND ROYAL MINISTRY OF FOREIGN AFFAIRS.
Vienna, May 14, 1904.

In reply to the highly esteemed note of the 2d instant, the Imperial and Royal ministry of foreign affairs has the honor most respectfully to bring to the

knowledge of his excellency the ambassador of the United States of America, Mr. Bellamy Storer, that the Imperial and Royal Government awaits with pleasure the intended visit to the ports of Trieste and Fiume by an American squadron consisting of nine ships.

The undersigned avails himself at the same time of this opportunity to renew, etc.

For the minister.

EMIGRATION LAW OF HUNGARY.

Mr. Storer to Mr. Hay.

No. 37.]

AMERICAN LEGATION,
Vienna, May 18, 1903.

SIR: I have the honor to inclose a translation of the proposed law of Hungary relating to emigration, with the amendments adopted up to the present time, together with the "exposé de motifs," or recommendations of the minister of the interior, which according to custom accompanies the bill for its explanation to the Parliament.

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I have, etc.,

I venture to call the Department's attention to the reasoning and admissions of the minister of the interior, who is, in addition, prime minister or president of the council of ministers of Hungary, as showing the attitude of that Government toward its former citizens and its desire to keep control over them even after they have become residents of the United States.

This attitude on the part of other governments constitutes an interesting and important subject of consideration for our own Govern

ment.

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MÉREY.

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[Inclosure 1.-Translation.]

Bill of regulation for emigration.

CHAPTER I. Emigration in general.

SEC. 1. In point of view of the application of this law he is considered an emigrant who goes to foreign countries with the object of continuously living there for an indefinite time.

SEC. 2. In regard to emigration the following restrictions have been established:

(a) Those who on account of military laws are obliged to present themselves before the authorities or are subject to military service are allowed to emigrate only with the permission of the respective competent authorities.

(b) Persons who are under preliminary investigation or examination, for having committed a crime or offense, against whom either the judicial or police authorities have issued a warrant of arrest, are not permitted to emigrate at all.

(c) Minors can emigrate only if they are able to show the written and officially legalized consent of their father or guardian, and those who have not yet attained their fifteenth year of age-even under those conditions only-can emigrate in company of a responsible adult, and then only on condition that a future home is provided for them at their place of destination.

The following are not allowed to emigrate :

(d) Those parents who intend to leave children under 15 years of age at home without providing for their proper care.

(e) Those who have not sufficient funds for the journey to the place of their destination or for the conditions which are established in regard to the immigration in the country to which they wish to emigrate.

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