en route, to pass through Canadian territory under the same regulations which govern the passage of Canadian mounted police through United States territory, I have the honor to inform you that the Department has received a letter from the Acting Secretary of War stating that the arrangements indicated in your note will be entirely satisfactory to the War Department. The Acting Secretary of War adds that the courtesies so kindly extended to facilitate the expedition are fully appreciated by this Government. SIR: I have to inform you that the passport applications which accompanied your dispatch of December 31 last have been received and examined. It is observed that a passport was issued (No. 144, October 22, 1897) to Albert Foy, who was born in England, emigrated to this country, and was naturalized before "a court at Boston on or about the year 1874." He produced no naturalization certificate, nor is there any statement from the embassy showing that other proof that he acquired citizenship was produced. In proof of his identification the embassy accepted a circular letter of instruction, but such a letter is not evidence of citizenship, nor does it usually contain any statement that the holder is an American citizen. It contained no such statement in this case. People in Mr. Foy's class are the very ones whose applications require close scrutiny. Growing up in the United States and identified with no other country, they imagine they are citizens, and even in many cases perform functions of citizenship although they have never legally acquired it. Respectfully yours, WILLIAM R. DAY, TAMPA (FLA.) CELEBRATION OF QUEEN'S BIRTHDAY-PARTICIPATION OF BRITISH WAR VESSEL. Mr. Sherman to Sir Julian Pauncefote. DEPARTMENT OF STATE, MY DEAR SIR JULIAN: His excellency the governor of Florida writes me that the chamber of commerce of the port of Tampa, together with other citizens of Florida, have decided to again celebrate the birthday of Her Majesty Queen Victoria on the 24th day of May At the governor's instance, I have the pleasure to acquaint you with this purpose, and, in view of the very good impression produced last year when a ship of Her Majesty's navy visited Tampa on a like occasion, to invite your kindly offices, with the view of extending to Her Majesty's Government the invitation and request that a British naval vessel again visit Tampa and unite with the citizens of Florida in this friendly commemoration. Believe me, etc. JOHN SHERMAN. Sir Julian Pauncefote to Mr. Sherman. BRITISH EMBASSY, March 16, 1898. DEAR MR. SECRETARY: In acknowledging the receipt of your letter of the 14th instant, I have pleasure in informing you that I have forwarded to the Marquis of Salisbury the courteous invitation, indorsed by you, from the governor of Florida, for a British ship to be present at Tampa on May 24 next, on the occasion of the celebration of the Queen's birthday. I am, etc., JULIAN PAUNCEFOTE. Sir Julian Pauncefote to Mr. Moore. WASHINGTON, May 3, 1898. SIR: With reference to Mr. Sherman's note of March 14 last, conveying, at the instance of the governor of Florida, an invitation and request that a British man-of-war should again visit Tampa on the 24th instant, on the occasion of the Queen's birthday, I have the honor to inform you that I am in receipt of a dispatch from Her Majesty's principal secretary of state for foreign affairs stating that the invitation in question has been referred to the commander in chief on the North American and West Indies station, who will, I have no doubt, take such steps as the exigencies of the service permit to meet the desire so kindly expressed by the governor of Florida. I have, etc., JULIAN PAUNCEFOTE. No. 1001.] Mr. Moore to Sir Julian Pauncefote. DEPARTMENT OF STATE, EXCELLENCY: Referring to the Department's note of March 14th last, inviting your Government to take part in the commemoration by the Port Tampa Chamber of Commerce of Queen Victoria's birthday on the 24th instant, I have the honor to acknowledge the receipt of your communication of the 3d instant stating that the matter in question has been referred to Her Majesty's commander in chief on the North American and West Indian station. A copy of your note has been sent to the governor of Florida for his information. I have, etc., J. B. MOORE, Acting Secretary. No. 354.] CANADIAN COPYRIGHT. Mr. Hay to Mr. Sherman. AMERICAN EMBASSY, SIR: I have the honor to transmit herewith a copy of a note received to-day from the foreign office in answer to a note of the 9th of last June on the subject of Canadian copyright. This long delay has been occasioned as stated in the note by the necessity of consulting with the Dominion Government in regard to the matters under discussion. The present position of the British and Dominion governments as to copyright is so clearly stated in the note that I need not repeat the statement. The essential point is that the Canadian government are not disposed to entertain our proposal for a convention, but they are considering the whole question of copyright, and hope to submit to Parliament amended legislation on the subject. I am, etc., [Inclosure in No. 354.] JOHN HAY. Mr. Villiers to Mr. Hay. FOREIGN OFFICE, April 12, 1898. YOUR EXCELLENCY: I have carefully considered, in consultation with the secretary of state for the colonies, your excellency's note of the 9th of June last, pointing out the difficulty experienced by United States authors in obtaining copyright in Canada, and inquiring whether the draft convention submitted by the United States Government on the 4th of February, 1896, would, in the opinion of Her Majesty's Government, have the effect of putting the question upon a more satisfactory basis. The somewhat complicated nature of the question and the necessity of consulting with the Dominion government have occasioned, I regret to say, considerable delay in replying to your excellency's note, but I am now in a position to state to your excellency the views of Her Majesty's Government on the subject. It may be of advantage briefly to resume the facts of the case. Under the English copyright law any person, whether a native or an alien, can obtain copyright throughout Her Majesty's dominions (Canada, of course, included) by the mere fact of first publication in any part of those dominions; but first publication in some part of Her Majesty's dominions, even by a native author, is a necessary condition for acquiring copyright. It is not, however, necessary that a book should be printed as well as first published within Her Majesty's dominions. By virtue of the President's proclamation under the United States copyright act of 1891, British authors can get copyright in the United States on the condition, so far as regards literary works, of republishing and reprinting from the type set in the United States. The balance of advantage would therefore seem to be on the side of the United States. There is, however, a Canadian copyright act in force which conflicts to some extent with the imperial law. The fourth section of this act provides that any person domiciled in Canada or in any part of the British possessions, or being a citizen of any country having an international copyright treaty with the United Kingdom, who is the author of any book, map, chart, etc., shall have the sole right of printing, publishing, etc., for a certain term of years, on the conditions laid down in subsection (2). It is contended that the United States enactment of March 3, 1891, and the President's proclamation of July 1, 1891, does not constitute an international agreement within the meaning of the act, and United States authors are therefore debarred from benefiting under it. This is it which gives rise to remonstrance on the part of your excellency's Government and to their present proposals. Before discussing the latter, I may be permitted to reiterate on behalf of Her Majesty's Government the assurances already given to Mr. Lincoln and Mr. White on the 16th of June, 1891, and on the 12th of November, 1892, respectively, and to point out again that the English copyright law runs in Canada as in every part of Her Majesty's dominions, and that it is therefore open to United States authors to protect their rights in Canada by registering at Stationers' Hall in London. Her Majesty's Government are, however, most anxious-as a matter of good feeling to do all in their power to facilitate registration by United States authors under the Canadian copyright act, also if this privilege should appear to your Government to present any additional advantages to that of registration at Stationers' Hall. The Dominion government has therefore been consulted as to their willingness to agree to the conclusion by Her Majesty's Government of the convention proposed by your Government. A reply has now been received that the Dominion government are not disposed in present circumstances to entertain the proposal. The whole question of copyright is at present under their consideration, and they hope to submit to Parliament amended legislation on the subject. They will be prepared to accord to the United States authors under the Canadian, as distinct from the Imperial English law, the privilege of copyright in Canada on publishing only, if a similar favor were conceded to Canadian authors who desire copyright in the United States. I trust that the above explanations will convince your Government, not only that citizens of the United States do now enjoy in Canada, under the English law, the same measure of protection as British subjects, but that the Canadian government is prepared to amend the Canadian law upon the subject in a spirit of the most complete reciprocity. I have, etc., F. H. VILLIERS. SIERRA LEONE-MASSACRE OF MISSIONARIES. Mr. Hay to Mr. Day. No. 383.] AMERICAN EMBASSY, London, May 9, 1898. SIR: I have the honor to inform you that I received a note this morning from the foreign office, dated the 7th instant, transmitting an extract from a telegram to Her Majesty's secretary of state for the colonies from the governor of Sierra Leone, reporting the death of certain American missionaries at the hand of the insurgents in that colony and mentioning others as being safe at Freetown, of both of which I inclose herewith copies. I beg also to inclose herewith a copy of your telegraphic instruction, together with my telegraphic reply thereto, both of this date and relative to the above subject. I have, etc., JOHN HAY. [Inclosure 1 in No. 383.] Lord Salisbury to Mr. Hay. FOREIGN OFFICE, May 7, 1898. YOUR EXCELLENCY: I have the honor to transmit to you an extract from a telegram received through Her Majesty's secretary of state for the colonies from the governor of Sierra Leone, reporting the death of certain American missionaries at the hands of the insurgents in that colony and mentioning certain others as being safe at Freetown. I have received the news of this sad loss of life with much concern, and I have to request your excellency to accept on behalf of the relatives of those killed the expression of the sincere sympathy with them of Mr. Chamberlain and myself. FRANCIS BERTIE. (In the absence of the Marquis of Salisbury.) I have, etc., [Subinclosure in No. 383.] Extract from a telegram from Governor Sir F. Cardew to Mr. Chamberlain. Regret to inform you that the following American missionaries, Mr. and Mrs. Cain, Misses Archer, Hatfield, and Schenck, killed by insurgent bands at Rotifunk; but Miss Ward, as well as the following American missionaries, Mr. and Mrs. Minshall, from Shengeh, and Miss Mullen, from Mamaligi, are here quite safe. Please inform American ambassador. [Inclosure 2 in No. 383.-Telegram.] Mr. Day to Mr. Hay. DEPARTMENT OF STATE, Inquire what information foreign office has regarding alleged massacre American missionaries and destruction mission property Sierra Leone. DAY. |