Add to the end of Article IV the words, or for any offense other than that in respect of which the extradition is granted. Amend Article VI, as follows: Insert in the first line after the word "telegraph," the words or other written communication; insert, in the second line after the word "a," the word lawful; and after the word "authority," in same line, the words upon probable cause; and in the seventh line, after the word "procure," the words so far as it lawfully may, so that said paragraph shall read as follows: ARTICLE VI. On being informed by telegraph, or other written communication, through the diplomatic channel that a lawful warrant has been issued by competent authority upon probable cause, for the arrest of a fugitive criminal charged with any of the crimes enumerated in Article II of this treaty, and, on being assured from the same source that a request for the surrender of such criminal is about to be made in accordance with the provisions of this treaty, each Government will endeavor to procure, so far as it lawfully may, the provisional arrest of such criminal, and keep him in safe custody for a reasonable time, not exceeding two months, to await the production of the documents upon which the claim for extradition is founded. June 18, 1886. Mr. Sherman made the following report: The Committee on Foreign Relations, to whom was referred the message of the President of February 4, 1886, with its inclosures, concerning certain modifications in the convention concluded November 12, 1884, between the United States of America and the United States of Mexico touching the boundary line between the two countries, have considered the same and submit the following modifications of said convention, and recommend that the Senate advise and consent to the changes: In the heading of the convention substitute the word Colorado instead of the word "Gila." In the third line of the preamble, after "1848," insert the words and of the first article of that of December 30, 1853, and strike out the word "Gila" in the fifth line, after the word "Rio," and insert in lieu thereof the word Colorado. Strike out the word "facings," in the ninth line of Article III, and insert in lieu thereof the word revetments. Strike out the word "Gila" after the word "Rio," in the eleventh line of Article V, and insert in lieu thereof the word Colorado. June 18, 1886. Mr. Sherman made the following report: The Committee on Foreign Relations, to whom was referred "an additional article, signed December 5, 1885, extending for a period of eighteen months from the date of the exchange of ratifications of the same the provisions of Article VIII of the convention of July 29, 1882, between the United States and Mexico, in regard to the resurvey of the boundary line," beg leave to report it back with the recommenda tion that it be amended as hereinafter set forth, and that the Senate do advise and consent to its ratification as so amended. Strike out, in the seventh line of said additional article, the words "date of the exchange of ratifications of this additional article," and substitute in lieu thereof, after the word "the," the words following: expiration of the term fixed in Article VIII of said treaty of July 29, 1882. July 8, 1886. Mr. Edmunds made the following report: The Committee on Foreign Relations, to whom was referred the subject of providing for the early building of a ship canal to connect the Atlantic and Pacific oceans, by way of Lake Nicaragua, having had the same under consideration, beg leave to report the accompanying resolution, and to recommend its adoption by the Senate: Resolved, As the judgment of the Senate, that the United States ought, with the consent and concurrence of the Republic of Nicaragua, to take measures for the early building of a ship canal connecting the Atlantic and Pacific oceans, by way of Lake Nicaragua, for the benefit of the people of the United States and of the Republic of Nicaragua and of the other Republics of Central America, and also for the general advantage of the trade and commerce of all nations. July 17, 1886. Mr. Sherman, from the Committee on Foreign Relations, submitted the following report: The Committee on Foreign Relations, to whom was referred the "Message from the President of the United States transmitting a convention between the United States and Great Britain concerning the extradition of persons charged with crime, signed at London, June 25, 1886, being an amended extension of the provisions of Article X of the treaty of 1842," having had the same under consideration, beg leave to report it back with the recommendation that the said convention be amended as follows, viz: After the word "manslaughter," in line 4 of Article I, insert the words 2. Rape; change the numbering of subsequent sections or clauses of Article I so that the clause numbered 2 in the original convention shall be numbered 3, 3 shall be numbered 4, and 4 shall be numbered 5; strike out of line 3 of section or clause 5, as amended (4 in the original), the words "both the High Contracting Parties," and insert in lieu thereof the words the place where the offense shall be committed; and that the Senate advise and consent to the ratification of the same as so amended. FORTY-NINTH CONGRESS, SECOND SESSION. December 22, 1886. [Senate Report No. 1621.] Mr. Edmunds, from the Committee on Foreign Relations, submitted the following report: The Committee of the Senate on Foreign Relations, to which was referred so much of the late message of the President as relates to foreign affairs, respectfully reports on the subject of the as yet unexecuted provisions of article 2 of the treaty concluded between the United States and the Emperor of China on the 17th day of November, 1880, and proclaimed on the 5th day of October, 1881. This article is in the following words: ARTICLE II. The Governments of China and of the United States mutually agree and undertake that Chinese subjects shall not be permitted to import opium into any of the ports of the United States; and citizens of the United States shall not be permitted to import opium into any of the open ports of China; to transport it from one open port to any other open port, or to buy and sell opium in any of the open ports of China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them, or the vessels owned by the citizens or subjects of either power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States; and the benefits of the favorednation clause in existing treaties shall not be claimed by the citizens or subjects of either power against the provisions of this article. It will be seen from this article that the two Governments undertook, without any limitation or qualification whatever, to repress the importation into the United States by Chinese subjects and the importation by citizens of the United States of opium into any of the open ports of China, or its transportation from one open port to another, or the buying and sale of opium in any of such open ports, etc. It is well known that the opium traffic in China is one of the greatest social evils with which that Government has to contend, and that its action in endeavoring to repress it is greatly embarrassed by the circumstance that Hongkong, which is for all practical, geographical, and commercial purposes a port of China, is under complete and exclusive British jurisdiction, and that the existing state of the relations between China and Great Britain is such that it appears at present impracticable for the Government of China to repress the opium traffic from Hongkong into the Empire. It thus becomes the more important that the United States, holding friendly and intimate commercial relations with China, and wishing for it the development of its trade, its social autonomy, and success in the desire of its Government to extirpate the enormous social evil of the misuse of opium, to do everything in its power to assist the Government of China in so good a work, and especially to fulfill to the utmost the engagements on the subject into which our Government has solemnly and sincerely entered. The committee therefore earnestly recommend that the accompanying bill be passed at the earliest practicable time. It will be seen that the bill is framed with a view to the strict fulfillment of article 2 of the treaty referred to, and does not undertake to do any other or different thing than to carry out in good faith the stipulations of our country on the subject. It may be desirable to state in this report what are now, under the treaties between the United States and China, the ports that are open to our vessels. By the treaty of 1844, negotiated by Mr. Cushing (Vol. of Treaties, p. 131, article 3), five free or open ports are provided for, viz, Kwang-Chow, Amoy, Fuchow, Ningpo, and Shanghai. And the same treaty provided, in its seventeenth article (p. 135), that citizens of the United States should have the right to obtain houses, places of business, etc., at those ports. By article 21 of the same treaty it was provided that citizens of the United States committing crimes in China should be dealt with only by the authorities of the United States (p. 136); but by that treaty it was provided (article 33, p. 139) that citizens of the United States who should trade in opium or any other contraband article of merchandise should be subject to be dealt with by the Chinese Government without being entitled to any countenance or protection from that of the United States. By the treaty of 1858, negotiated by Mr. Reed (Vol. of Treaties, p. 145), it was provided (Article XI, p. 148) that citizens of the United States committing any "improper"-i. e., illegal-act in China should be punished only by the authorized officials of the United States and according to their law, and that arrests in order to trial might be made by the authorities of either country. This provision in this latter treaty may perhaps be fairly considered as superseding the provisions in the treaty of 1844 remitting to the jurisdiction of the Chinese authorities the violators of the opium laws of the Empire, although, as the former provision was special in regard to one topic, it may not be clear that the later provision just referred to would supersede or repeal the former special one. The twelfth article of the same treaty of 1858 (p. 148) again provides for citizens of the United States acquiring by lease, etc., houses and places of business, hospitals, churches, etc., and for their protection. The fourteenth article of the same treaty states that "the open ports which the citizens of the United States should be permitted to frequent are the ports and cities of Canton, Chau-Chau, or Swatow, in the province of Guangtun; Amoy, Fuh-Chu, and Tai-Wau, in Formosa, in the province of Fuh-Kien; Ningpo, in the province of Cheh-Kiang; and Shanghai, in the province of Kiang-Su, and any other port or places hereafter by treaty with other powers or with the United States open to commerce, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of China not declared to be legal, or along the coast thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese Government; and any citizen of the United States who shall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese Government without being entitled to any countenance or protection from that of the United States." Thus it will be seen that by the treaty of 1858, as well as by the preceding treaties of 1844, citizens of the United States violating the laws of China in regard to prohibited traffic are subject to the sole jurisdiction of the Chinese courts and authorities for trial and punishment, just as is the case in the United States in respect of every offense against its laws, and as is the case in respect of all the principal and civilized nations of the globe. The treaty of 1868, negotiated by Mr. Burlingame (Vol. of Treaties, p. 165), does not appear to contain any provisions changing the status of the matters hereinbefore stated. The treaty concluded November 17, 1880, by Messrs. Angell, Swift, and Trescott (Stat. L., vol. 22, p. 828), contains the article at the opening of this report, and contains no provision other than that article touching the special subject now under consideration. In respect of the punishment for the violation of the second article of this last treaty, it may be open to consideration whether the pro vision for compelling observance of that article withdraws from the ordinary and natural jurisdiction of China the punishment for offenses committed by citizens of the United States against its laws, for the only provision in that article touching its enforcement is in the following words: That its prohibitions "shall be enforced by proper legislation on the part of China and the United States.” Without the provisions in the preceding treaties, which have seemed to come at last to the point of leaving it to be the right and duty of the United States to punish its own citizens for the violations of the laws of China in respect of the subjects mentioned in the various treaties, it would not be easy to maintain that by this latter treaty citizens of the United States committing in China offenses against its laws and regulations should be brought to justice only through and under the judicial authority of our own country. If this inference should be asserted in favor of the United States on the second article of this last treaty, it apparently could be equally asserted on the part of the Empire of China in respect of its own subjects, for the language of this article is in this respect perfectly identical and equal as to both parties. Assuming, however, that the Government of China is willing to trust the United States to compel obedience on the part of our own citizens to these treaty stipulations and withdraw her natural jurisdiction over such offenses, it only adds to the urgency of our own Government providing for the trial and punishment of our citizens offending against the provisions of this treaty. It seems, therefore, to the committee that this is a case in which it is the bounden duty of our own Government to proceed with diligence to provide for the actions referred to and to show by positive and effective legislation that it intends to keep to the utmost its obligations created by treaty stipulations. All of which is respectfully submitted. GEO. F. EDMUNDS, [Executive H.] January 12, 1887. Mr. Morgan, from the Committee on Foreign Relations, submitted the following report: The Committee on Foreign Relations, to whom was referred the message from the President of the United States transmitting "A convention between the United States and Great Britain concerning the extradition of persons charged with crime, signed at London, June 25, 1886, being an amended extension of the provisions of Article X of the treaty of 1842," having considered the same, report back the said convention with the recommendation that it be amended by inserting after the words "High Contracting Parties," in the last line of the paragraph or clause numbered 4, in Article I, the following words: or according to the laws of that political division of either country in which the offense shall have been committed, and of that political division of either country in which the offender shall be arrested; so that it shall read as follows: Whereas by the 10th Article of the Treaty concluded between the United States of America and Her Britannic Majesty on the 9th day of August, 1842, provision is made for the Extradition of persons charged with certain crimes; And whereas it is now desired by the High Contracting Parties that |