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to the United States if the Pacific Cable Company of New York were authorized to establish cable communication between the United States and Japan, and directing me to ascertain the attitude of the Japanese Government toward a distinctively American cable.

I to-day had an interview with the minister for foreign affairs, who appears to be well disposed to the proposal embodied in the telegram herewith confirmed. He said that he would refer the matter to the minister for communication, and then to the full cabinet for their consideration. I will immediately communicate to you the results as soon as known.

I have, etc.,

A. E. BUCK.

No. 386.]

Mr. Buck to Mr. Hay.

UNITED STATES LEGATION, Tokyo, December 11, 1899. SIR: Referring to your telegraphic instruction of September 7 last, in respect to the desirability of establishing cable communication between the United States and Japan under American control, directing that, if I could discreetly ascertain that the Japanese Government was well disposed to a distinctively American cable, I might represent that it would be agreeable to the United States should the Pacific Cable Company of New York be authorized to establish such communication between the two countries, I have the honor to state that, on learning the favorable attitude of the Japanese Government from the minister of foreign affairs, upon his suggestion, I addressed a note to him upon the subject (copy inclosed), to which a reply has now been received (copy inclosed).

Before replying to my note, the minister, in a personal interview, informed me of the conclusion of the Government, which was that the cabinet had accepted and approved in principle the proposition submitted, which, as I have been unofficially informed, was prepared by the director-general of telegraphs, and by him, through the minister of communications, presented to the cabinet.

I have the honor to inclose herewith a copy of the proposition which has been furnished me. A. E. BUCK.

I have, etc.,

[Inclosure.]

Mr. Buck to Viscount Aoki.

LEGATION OF THE UNITED STATES,
Tokyo, September 19, 1899.

SIR: I have the honor to inform your excellency that I am in receipt of telegraphic instructions from my Government concerning the desirability of creating direct telegraphic union of the Japanese Empire with the United States under American auspices, and that I am authorized to communicate to your excel ency the fact that it will be agreeable to the United States if the Pacific Cable Company of New York be authorized to establish cable communications between the two countries.

In view of the interests involved, I entertain the hope that your excellency's Government may give consideration to the above suggestion, and that the Pacific Cable Company of New York may present such considerations in respect to

commercial benefits to the Empire to be derived from the establishment of their line of cable as will justify favorable action of the Imperial Government. I avail myself, etc.,

[Inclosure 2-Translation.]

Viscount Aoki to Mr. Buck.

A. E. BUCK.

DEPARTMENT OF FOREIGN AFFAIRS,
Tokyo, the 8th day, the 12th month,
the 32 year of Meiji (December 8, 1899).

Mr. MINISTER: I have the honor to acknowledge the receipt of your excellency's note of the 19th September, in which, under telegraphic instructions from your Government, you called the attention of the Imperial Government to the desirability of creating direct telegraphic union between our two countries, and expressed the hope that the Pacific Cable Company of New York might be authorized to establish such communications.

I beg to say in reply that the Imperial Government fully recognizes the utility of establishing the proposed telegraphic cable, and they will be prepared, when the charter shall have been granted to the company by the United States Government and all the necessary preparations for the project shall have also been completed, to open negotiations with the said company and consider how far they may afford facilities to the enterprise.

I avail myself, etc.,

VISCOUNT AOKI SIUZO.

[Inclosure 3-Translation.]

CONDITIONS TO BE PROPOSED FOR THE LAYING AND WORKING OF A SUBMARINE TELEGRAPH CABLE BETWEEN THE UNITED STATES AND JAPAN.

1. The submarine telegraph cable to be laid from the coast of the United States of America to the coast of Japan shall be established in a proper and efficient working order within five years from and after the date of the concession granted the Pacific Cable Company of New York by the Japanese Government. If the company shall fail to construct the said cable within the said period of five years the rights and privileges secured by the company to construct and operate the cable shall be null and void.

2. The Japanese Government shall, from and after the efficient completion of the said cable, grant the company an annual subsidy of 150,000 yen during a term of twenty years. Provided, however, that the said amount of 150.000 yen shall cover the charges for the Japanese Government telegrams to be forwarded over the said cable (exclusive of out payments).

3. The rate to be charged for private telegrams over the said cable owned and operated by the company shall not exceed 2 yen per word, and the rate per word for Japanese telegrams shall be half the amount collected from the general public for ordinary telegrams.

4. During the said term of twenty years from and after the completion of the said cable the Japanese Government may not authorize any undertakers to construct and lay a further submarine telegraph cable across the Pacific between the continents of America and Japan, with or without any intermediate station at any place or island in the Pacific.

The Japanese Government reserve, however, the right to grant a concession, if they should deem it important, to establish and work another submarine telegraph cable to any undertakers who may hereafter project to link Japan with any of the American continents under conditions which the Government may judge just and reasonable, provided, nevertheless, that in such case the Government shall first approach the company to undertake the establishment of such cable under the same conditions as have been tendered by the undertakers of the Government. If the company shall decline to accept the offer, the Government shall then be at liberty to grant the concessions to the undertakers who may be willing to promote such undertaking.

Other conditions to be mutually determined and agreed upon.

KOREA.

CONCESSION OF WHALING PRIVILEGES BY KOREA TO A RUSSIAN

No. 192.]

SUBJECT.

Mr. Allen to Mr. Hay.

LEGATION OF THE UNITED STATES,
Seoul, Korea, April 3, 1899.

SIR: I have the honor to hand you inclosed a copy of a concession granted to a Russian subject by the Korean Government after several months' negotiations, and covering a right to take whales off the coast of Korea and use three ports for their purposes.

This concession was signed on the 29th ultimo.

I have, etc.,

HORACE N. ALLEN.

[Inclosure.]

This writing witness that the Government of Dai Han does hereby make to Count Henry Keyserling the concessions herein mentioned and that said Government and said Count Keyserling hereby make the following stipulations and agreements respecting the same:

ARTICLE 1.

There shall be set apart without delay for the use and occupation of Count Keyserling, as herein agreed upon, three places, viz:

1. In the province of Kiongsang, along the coast near Cape Tikhmeneff (Oolsan Bay).

2. In the province of Kang Wan, at the place of Chang Shing-Takoo.

3. In the province of Ham Kiung, on the island of Ching-po.

Each of said places shall not exceed in extent 700 feet in length and 350 feet in width, and they shall be located on convenient spots near the seashore.

ARTICLE 2.

The location and limits of the above-mentioned three places shall without delay be made by the Government of Dai Han through a duly appointed representative and Count Keyserling acting jointly, and the limits of the same shall be clearly marked on the spots by stone or wooden posts, and a map and description of each place in Russian and Chinese shall be made in duplicate and signed by said representative and Count Keyserling. One duplicate to be delivered to and kept by the foreign office of the Dai Han Government and the other to be delivered to and kept by Count Keyserling, and the same shall, when so delivered, be considered and taken as part of his agreement.

ARTICLE 3.

If the places mentioned in article 1 belong wholly or in part to the Dai Han Government, then Count Keyserling may take possession of such part as belongs to the Government as soon as the maps and description have been signed and delivered as provided in article 2; but if any part of the same belongs to a Dai Han subject, such part shall not be taken or occupied until such subject is paid the full value of his property and rights of every kind, such payment to be made by Count

Keyserling, If Count Keyserling is unable to agree with such owners as to the value and price to be paid, such price and value shall be determined by the joint action of a representative of the Dai Han foreign office and Count Keyserling, and in no case shall property belonging to a Dai Han subject be taken or occupied until special permission so to do shall be issued under the seal of the Dai Han foreign office.

ARTICLE 4.

When Count Keyserling shall obtain possession of said three places as mentioned and described above he shall have the right to use and occupy the same during the term of this agreement for the purpose of working up whales and their products, and for that purpose may erect nd maintain thereon all necessary buildings, godowns, ware and store nouses, and other houses and structures necessary for carrying on said business with the right to fix and operate necessary machinery and other appliances for such purpose.

ARTICLE 5.

Count Keyserling will employ for the work under this agreement preferably Dai Han subjects; but in case of strikes or insufficiency of special knowledge or unsuccessful workmanship he can replace them by workmen of other nationalities, provided that, with the exception of Chinese, no foreigner shail be employed unless his government is in treaty relations with the Dai Han Government, and passports must be procured from the Dai Han Government for all such workmen, as well as for all foreign employees of Count Keyserling. If any of such foreign employees or workmen break the laws of Dai Han or the customs regulations or cause trouble with the natives or engage in smuggling either by export or import or break any of the regulations of this agreement, the Dai Han Government may cancel and withdraw such passport and will give notice thereof to the representative of the government to which the offender belongs, and such offender shall no longer have the right to reside outside the treaty ports; and Count Keyserling shall thereupon discharge from his employment the offender and use his best efforts to have such offender leave the country or go to an open port.

Count Keyserling further undertakes that he and his representatives will in good faith endeavor to preserve order among his foreign employees and workmen and to prevent them from breaking the laws of Dai Han or the customs regulations or causing trouble and to bring them to justice and punishment in case they do so.

ARTICLE 6.

No part of the three places assigned to Count Keyserling by this agreement shall be used or occupied for any purpose except for those mentioned in this agreement: and all concessions herein made to Count Keyserling shall be strictly construed; and no concessions or rights are granted hereunder by the Dai Han Government unless expressly named, given, and provided for in this agreement. Neither Count Keyserling nor any foreign workmen or foreign employees of Count Keyserling shall engage in any business or occupation at said places except in the business embraced by this agreement; and in case such workman or employee does engage in any other business or occupation he shall be discharged by Count Keyserling and his passport canceled, and he shall not be permitted to remain outside of the treaty ports. Full jurisdiction shall be retained by the Dai Han Government over all its subjects employed by Count Keyserling, and no asylum shall be given by him or his foreign employees or workmen to such subjects.

ARTICLE 7.

The Dai Han administration will render all proper assistance to Count Keyserling in his dealings with the local population and workmen.

ARTICLE 8.

No work or operations shall be carried on in said places or in the ports in which they are situated which will create disease or be detrimental to public health.

As incident to the grant herein made of the places on which to work whales Count Keyserling may erect landing stages attached to and in front of each of said three places and extending into the water. Should it afterwards be found that the structure erected interferes with the navigation of the port or tends to fill up or injure the port the same shall forthwith be removed by Count Keyserling at

his expense, and if he fails to do so after notice of two months the Dai Han Government may remove the same.

ARTICLE 9.

It is expressly understood that nothing in this agreement, and no rights and concessions herein given or made, shall prevent the Dai Han Government from opening any port to foreign trade, and that in case any port is opened where any place selected and assigned to Count Keyserling is situated and the Dai Han Government desires to embrace such place within a foreign settlement, then such place shall be treated as Dai Han property and may be taken for the purpose of such foreign settlement after six months' notice to Count Keyserling, provided Count Keyserling shall be compensated for the same as follows:

1. He shall be repail whatever he has paid for such place, or part thereof, to any Dai Han subject, as provided in article 3, but if he is given a new place, as hereinafter provided, such repayment shall not be made.

2. He shall also be paid the actual cash value of all his buildings and machinery on the place so taken, and the same shall belong to the Dai Han Government. In estimating such cash value, the value of any concession herein made, or damages for the stoppage of his business or any other incidental loss to Count Keyserling, shall not be taken into account.

Provided that the rental of such places, viz, at the rate of 150 yen per year, shall cease and not be paid by Count Keyserling after the place is taken for a foreign settlement; and provided further, that Count Keyserling shall be at liberty to remove all the buildings and machinery, or either of them, within a reasonable time, in which case he shall not be paid for the same; and provided further, that in case any place is taken for a foreign settlement under this article a new place, of the same size, instead shall be assigned to Count Keyserling, if he so desires, free of cost, outside the settlement. Such new place shall be selected as was the place taken, and all the provisions of this agreement shall apply to said new place that applied to the old one for which it is substituted, and Count Keyserling shall pay rent for the same as for the old place, viz, at the rate of 150 yen per year. In case Count Keyserling desires to remove his machinery from the old place to such new place, the Dai Han Government will pay him the cost of such removal.

ARTICLE 10.

The term of this agreement shall be twelve years, commencing from the date hereof, and at the end of such term Count Keyserling shall cease operations hereunder, and he shall, within a reasonable time, remove all machinery and appliances for working whales and surrender said places to the Dai Han Government. All buildings and structures shall become the property of the Dai Han Government without any cost, and the Dai Han Government shall take full possession of said places.

ARTICLE 11.

As yearly rental for said three places, Count Keyserling agrees to pay the Dai Han Government at Seoul 450 yen each year, in advance; the first of the said payments to be made to the Dai Han foreign office when the agreement is signed, and the others to the same office on the same day of each year thereafter during the continuance of this agreement. If Count Keyserling fails to make any of the said payments for a period of one year after they become due, as in this article stipulated, all rights granted him in this agreement shall be forfeited and become null and void, and the Dai Han Government may enter upon and take possession of and own, without cost, all said three places, and all the buildings, structures, machinery, and other property thereon; provided, that if Count Keyserling shall pay within six months thereafter all the amounts due or to become due as rental and interest on said premises up to the end of the twelve years' term, he shall be at liberty to remove his buildings and machinery, and if he fails to make such payments within said six months, then all said buildings and machinery shall be forfeited to and belong to the Dai Han Government. If any payment of rental is not made when it becomes due, it shall bear interest at the rate of 1 per cent per month till paid.

ARTICLE 12.

If Count Keyserling or his representatives shall break any of the agreements herein made, or any of the things prohibited herein, he shall in addition to all treaty penalties indemnify and pay the Dai Han Government for all loss and damage sustained by it, and if he permits the same to be repeated or continued after notice by

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