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that the Austrian government is disposed, however, to permit American sanitary officials to be present at the medical inspections made by the Austrian authorities of all persons intending to emigrate to the United States and that they (our representatives) may on such occasions, if deemed necessary, express their opinions.

As will be seen from the reply above referred to (a copy of which, together with translation is inclosed herewith), the Austrian government asks a guaranty from the United States Government that in all cases where emigrants may embark after passing the required medical inspection on this side in the presence of an American sanitary official and with the consent of the latter, they will not later be refused admittance by the United States immigration authorities on the basis of the act of March 3, 1903, saving when the reason justifying such refusal has developed after the medical examination at the port of embarkation. Respecting which, as well as in regard to a more detailed statement as to the sphere of action which the United States Government wishes to have granted to its sanitary officers, the Austrian government awaits further correspondence.

As also will be seen from the inclosed note from the foreign office, the Hungarian government's reply is on the same general lines as those of the Austrian government.

I have, etc.,

CHANDLER HALE,

[Inclosure. Translation.]

Mr. Müller to the American Legation.

IMPETIAL AND ROYAL MINISTRY FOR FOREIGN AFFAIRS. In the esteemed note, No. 24, of September 2 last, Mr. Chandler Hale, the chargé d'affaires, took occasion to ask whether permission would be granted to the Government of the United States to station at the ports of emigration of the Monarchy officers of the American Public Health and Marine-Hospital Service, whose duty would be to make a medical inspection of all emigrants intending to go to the United States and thus facilitate the enforcement of the immigration act of March 3, 1903.

The ministry for foreign affairs has not failed to communicate this suggestion to the Imperial Austrian and the Royal Hungarian Governments and now begs to inform the embassy of the United States of America of the replies received in answer thereto.

The Austrian Government, which has itself a great interest in preventing emigrants afflicted with loathsome or dangerous contagious diseases from going to the United States by the regularly established emigrant ships, fully appreciates the endeavor of the American Government to enforce the law above referred to in so far as it is its intention to prevent all such persons-viz, those falling within the sanitary regulations-from entering the country, and is, in principle, disposed to do its utmost to cooperate in this endeavor in Austrian territory. The Austrian Government is intending, on the regular emigrant steamship service under its control between the ports of Austria and the United States, to arrange regulations such as will guarantee the careful medical inspection of all emigrants prior to embarkation. It is not possible, however, in conformity with the existing regulations governing the practice of medicine in this country, to permit foreign sanitary officers, not licensed (in Austria), to make such a medical inspection.

The Austrian Government is disposed, however, to admit the presence of American sanitary officials at such medical inspections, undertaken in accordance with the provisions above referred to, and that they may on such occasions, if deemed necessary, express their opinions. This government would be the more willing to comply with the suggestion above referred to, if the American Government could see its way to guarantee that all emigrants who may embark

after medical inspection in the presence of an American sanitary officer and with the consent of the latter will not later be refused admittance by the American immigration authorities, despite of such inspection, on the basis of the section of the law above referred, saving in cases when the reason justifying such refusal has developed after the medical examination made at the port of embarkation. Respecting which, as well as in regard to a more detailed statement as to the sphere of action which the American Government wishes to have granted to its sanitary officers, in conformity with the suggestion above referred to, the Austrian Government awaits further correspondence.

The Royal Hungarian Government is also of the opinion that it is not possible to permit American health officers to act in their medical capacity at the port of Fiume.

But, owing to the purpose which the Government of the United States has in view, the Hungarian Government is likewise willing to comply with its wishes in so far as possible. In this respect it issued, on July 21, 1903, a circular regulation, in which the attention of all the municipalities of the country was called to the regulations of the law of March 3, 1903, restricting immigration, at the same time instructing them to publish the said regulation and make it known that the issuance of passports was forbidden to persons who, in conformity with the provisions of the said law, would not be allowed to enter the territories of the United States.

By another ordinance, which is already in force and which regulates the medical inspection of emigrants and the ships' crews, the exclusion of sick persons, the embarkation and the moral and hygienic protection of the said emigrants, a special official physician has been appointed to supervise the emigration sanitary inspection service, who has received strict instructions based on the regulations of the American immigration law.

How strictly the Hungarian officials have adhered to the regulations of these ordinances will be seen from the fact that out of 8,770 emigrants leaving Hungary since November 14, 1903, of whom 5,814 embarked at Fiume and went to the United States on nine ships, and 2,956 by way of Antwerp and Liverpool, but 15 persons-viz, not quite 0.02 per cent-were not allowed to land by the immigration officials of the United States of America, and the majority of these were not detained on sanitary grounds, but for other reasons, which proportion may be considered quite satisfactory.

As an example of how strictly the regulations (above referred to) have been adhered to, we may mention that as the result of medical inspection before embarking from Fiume the following number, intending to emigrate, were detained: 142 persons by Carpathia, on April 19, 1904; 36 persons by Ultonia, on May 3, 1904; 179 persons by Slavonia, on May 18, 1904, and it is certain that if the performance of this service were intrusted to health officers of the United States of America it could not be more rigorously and carefully undertaken.

But in order to give further proof of its readiness to comply with the wishes of the Government of the United States, the Hungarian Government has willingly agreed that a medical officer attached to the American consular agency at Fiume may be present at the embarkation of emigrants and at the medical inspection taking place prior thereto, who, as a matter of course, would not be impowered to influence or to hinder the Hungarian officials in the discharge of their duty.

For the minister.

MÜLLER.

BELGIUM.

NEUTRALITY OF CHINA IN THE WAR BETWEEN RUSSIA AND

JAPAN.

Mr. Hay to Mr. Townsend.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE, Washington, February 10, 1904.

(Mr. Hay instructs Mr. Townsend to consult the Belgian Government in regard to the possibility and desirability of an arrangement between the neutral powers to use their good offices with Russia and Japan for the purpose of inducing them to respect China's neutrality and administrative entity as far as possible, limiting and localizing the area of hostile operations to minimize the disturbance and excitement of the Chinese people and the injury to commerce and to the peaceful intercourse of the world. If no opposition to this proposition is offered he is instructed to suggest that the representatives of Belgium at St. Petersburg, Tokyo, and Peking be instructed in this sense.)

No. 215.]

Mr. Townsend to Mr. Hay.

AMERICAN LEGATION, Brussels, February 11, 1904. SIR: I have the honor to acknowledge the receipt, at 8 a. m. to-day, of Department's cablegram.

In conformity with instructions, I have just had a consultation with the minister for foreign affairs, in which I outlined the proposition as set forth in Department's cablegram. I took occasion to point out to him how identical were the commercial interests of Belgium and the United States in China, which fact he agreed with.

He refrained, however, from expressing an opinion as to whether his government would or would not accept the proposition for joint action by the neutral powers. He informed me, however, that he would immediately submit the proposition to His Majesty the King and the Government, and would give me a reply as soon as possible.

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I will communicate by cable to the Department the reply of the Belgium Government to the proposition transmitted as soon as received.

I have, etc.,

LAWRENCE TOWNSEND.

Mr. Hay to Mr. Townsend.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE, Washington, February 15, 1904.

(Mr. Hay informs Mr. Townsend that the representatives of England, Germany, France, and Austria at St. Petersburg and Tokyo have already been instructed by their governments in the sense of our proposals.)

Mr. Hay to Mr. Townsend.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE, Washington, February 16, 1904.

(Mr. Hay informs Mr. Townsend that the Government of the United States desires China's neutrality to be respected everywhere as far as 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 can not specify metes and bounds. Our general view has been accepted by nearly all the powers, and their representatives at St. Petersburg, Peking, and Tokyo are being instructed in that sense.)

Mr. Townsend to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION, Brussels, February 16, 1904.

(Mr. Townsend reports that the Belgian Government is prepared to accept the proposition of the Government of the United States, with the understanding that "administrative entity" does not include Manchuria. The Belgian representatives at St. Petersburg, Tokyo, and Peking will be instructed to that effect.)

No. 216.]

Mr. Townsend to Mr. Hay.

AMERICAN LEGATION, Brussels, February 16, 1904.

SIR: I have the honor to confirm my cable of this day.

The above cable is the result of my consultation to-day with the minister for foreign affairs. He informed me that he was prepared to accept our propositions in principle, but with certain restrictions, as he understood it had been so accepted by the other powers. He desired to know what our position was in relation to Manchuriawhether we excluded that province in contemplating the neutrality of China and its administrative "whole."

I informed him that my understanding of our proposition as set forth in Department's cable of 10th instant was that it contained a general principle promulgated exclusively for the benefit of the world at large, and with the sole desire of preventing the possible spread of war and bloodshed throughout China, and at the same time offering a possible protection to the commerce of the neutral powers of the world. I explained to the minister, who does not speak English, that the wording of the proposition did not show a desire on the part of my Government to define the limits of the Chinese Empire or any of its provinces, that the expression "administrative entity of China" did not necessarily mean the integrity of China, but rather the existant administrative condition of China, that the delicate position of Manchuria being perhaps a "casus belli" was one that naturally my Government would not touch upon.

He accepted this view of the proposition and informed me that instructions in this sense would be immediately forwarded to the Belgian representatives at St. Petersburg, Tokyo, and Peking.

I have, etc.,

LAWRENCE TOWNSEND.

Mr. Townsend to Mr. Hay.

No. 217.]

AMERICAN LEGATION, Brussels, February 17, 1904.

SIR: I have the honor to acknowledge the receipt of cablegram of 16th instant.

I am glad that my view of the scope of the original proposition in regard to the neutrality of China, as explained yesterday to the minister for foreign affairs and outlined in my dispatch No. 216, of 16th instant, has been thus, in a measure, confirmed by the Department. Í have the honor to be, etc.,

LAWRENCE TOWNSEND.

[NOTE. On this subject see circular instruction of February 20, 1904, p. 2.]

FR 1904 M-7

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