shall represent him in all measures taken for the security of the property in conformity with the laws of the Republic in which he resides. He may add his seals to those affixed by the local authority, and must attend on the day and at the hour fixed for removing them. The absence of the Consul at the time agreed upon, after proper delay, shall not suspend the legal proceedings of the local authority. In the case of one of his countrymen dying intestate, the Consul may assist in the formation of the inventories, the valuation of the property, the nomination of persons with whom it is to be deposited, and other similar proceedings concerning the security, administration, and liquidation of the property. The Consul shall be de jure the representative of any of his countrymen who may be interested in the succession, and who is absent without having appointed a legal agent as such representative, he shall have the same rights as the heir himself, except that of receiving the money and effects of the succession, for which a special power of attorney will always be required. Such moneys and effects shall, in the absence of a power of attorney, be deposited in a public chest, or in the hands of a person approved of by the local authority and by the Consul. The court, at the request of the Consul, may order the sale of such movable property of the succession as may be exposed to decay, and the deposit of the proceeds in a public chest; but this cannot be done as regards other effects until 4 years have elapsed since the decease of the individual without any heir having presented himself. Art. X of the Treaty with Sardinia of September 21, 1855:* If any citizen of either of the Contracting Parties should die intestate in any of the territories of the other, the Consul-General, Consul, or Consular Agents of the nation of the deceased, or their representatives in their absence, shall have the right of taking part in the possession, administration, and liquidation of the effects of the deceased, in conformity with the laws of the country, for the benefit of the creditors and legal heirs. Art. XVI of the Treaty with Paraguay of the 29th of July, 1856:† In the case of any Argentine citizen dying intestate in the territory of Paraguay or vice versa, the Consul-General, Consul, or Vice. Consul of his nation, shall assist in the inventory, deposit, sealing up, and disposal of the effects of the deceased, in concert with the executor or curator named by the Government, until the distribution of the property amongst the legitimate heirs or amongst the creditors. Art. IX of the Treaty with the States of the German Zollverein of September 19, 1857: * Page 939. + Vol. XLVI. Page 1305. Vol. XLVII. Page 1277. If any citizen or subject of either of the two Contracting Parties should die without will or testament in any of the territories of the other, the Consul-General or Consul of the nation of the deceased, or their representatives in their absence, shall have the right of taking part in the possession, administration, and judicial liquidation of the property of the deceased, in conformity with the laws of the country, for the benefit of the creditors and legitimate heirs. In the case of any question respecting the inheritance, or any of the goods composing it, or any debt due to or owed by the succession, which cannot be settled by arbitration, it shall be submitted to the tribunals of the country. It being likewise stipulated in these and other Treaties with other nations that all the Governments and their subjects shall be considered as the most favoured nation. It being the rule of the Argentine Government to consider all foreigners as in the enjoyment of perfect equality of rights. And it being of great importance to give uniformity to the intervention of foreign Consuls in the testamentary arrangements of the intestate successions of the subjects of their nation. The President of the Republic has determined and decrees: ART. I. In the case of any foreigner dying intestate without leaving legitimate descendants or wife publicly recognized as such, residing in the country; or if he leaves a will, but his heirs are foreigners and absent, and in the absence also of the executor appointed by the will, the Consul of his nation may intervene in the administration. II. The intervention of the Consul shall not take place when any Argentine, publicly recognized as such, is the heir in the ascending or descending line. III. This intervention shall be limited : 1°. To sealing up the goods, furniture, and papers of the deceased, giving previous notice to one of the judges of first instance in civil causes, if the death has occurred in the place of residence of the Consul. 2°. To naming administrators. IV. The Consuls shall communicate the nomination of the administrators directly to the judge of first instance. V. The judges of first instance will place the seal of their court upon the effects and papers of the deceased. VI. The judge shall not remove the double seals to make the inventory, without previously summoning the administrators. VII. Should there be no Consul at the place where the intestate individual dies, the inventory shall be made in conformity with existing laws, in the presence of two witnesses of the same nation as the deceased, or of some other nationality, should there be any such; notice to be given by the authority who makes the inventory to the nearest Consul. VIII. The administrators shall perform their duty subject to the laws of the country. IX. If there should be legitimate collateral heirs in the country, they may request the judge of the cause to name an administrator, the administrators nominated by the Consuls being thus reduced to the character of representatives of the absent heirs who have not named special agents. X. If there are no heirs whatever in the country, any claims for debts or claims concerning the succession, shall be decided by the judge of the cause with the assistance of the administrators. XI. Nothing can be handed over to the absent heirs until a year after the death of the intestate individual has elapsed, and all debts contracted within the territory of the State are paid. XII. If there are no heirs ab intestato, according to the laws of the country of the deceased, the administrators shall deliver up the property to the State. XIII. The rights recognized by this Decree shall extend only to nations which concede equal rights to Argentine Consuls and citizens. XIV. Nations which claim the execution of something not included in this law, but which is included in a Treaty, shall obtain only what is exactly stipulated for in the Treaty invoked. XV. Let this Decree be communicated in due time to the Congress of the nation for the requisite purposes, let it be notified, published, and given to the National Registry. RUFINO DE ELIZALDE. MITRE. CORRESPONDENCE between Great Britain, Austria, France, Italy, Portugal, Prussia, Russia, Spain, and Sweden, respecting the Affairs of Poland.-1862, 1863.* No. 2.-Baron Brunnow to Sir G. Grey. MY DEAR SIR GEORGE, Chesham House, July 31, 1862. PERMIT me to apply to your constant kindness towards me under a circumstance of peculiar importance, which I shall explain in a few words. The Grand Duke Constantine, during his former stay in this country, has been particularly impressed with the beneficial influence which your police regulations exercise for the maintenance of good order, legality, and public security. His Imperial Highness is desirous of establishing a similar institution in the Kingdom of Poland, whose welfare is entrusted * Laid before Parliament, 1863, 1864. now to his care by his Majesty the Emperor. The Grand Duke is the more anxious to introduce a useful reform into this branch of the public service, as such a reform may enable him to put an end, as soon as possible, to the now existing martial law, and to replace the country under the rule of a regular civil administration. For this purpose the Grand Duke has thought it highly important to secure for a very short time (say two months) the presence at Warsaw of an intelligent and active police officer, who might communicate to the authorities there his practical views on the subject of the organization of this branch of public service on a similar footing as it is in this country. Taking into consideration the importance of the contemplated reform, I do not hesitate to apply to you with the hope that you will kindly lend me your assistance for carrying it into effect, as far as it is in your power. The first step to be taken would be to allow Sir Richard Mayne to put himself into communication with a gentleman to whose care the Grand Duke has directly and privately entrusted this object, so intimately connected with the success of his own administration. Believe me, &c. Sir G. Grey. BRUNNOW. No. 3.-Acting Consul White to Earl Russell.-(Rec, Jan. 5, 1863.) I HAVE the honour to report to your Lordship that certain modifications have been introduced into the operation of martial law in the Kingdom of Poland. According to these modifications, which have been authorized by His Majesty the Emperor, the restrictions imposed by the state of siege have been removed in a great part of the Kingdom of Poland. They, however, remain in full force in the city of Warsaw and in seven other towns, in all those places which are situated on the two railway lines connecting Warsaw with foreign countries, and in the following 3 districts, viz., Lipno, Petricau, and Krasnystaw; it having been found necessary to restore the state of siege in the latter district after an interruption of 10 weeks, whilst it had never ceased to exist in the other two districts above mentioned since its promulgation in October, 1861. The practice of trying all political offences throughout the Kingdom of Poland by courts-martial is, however, positively retained by this enactment, having continued in force since the Ukase of the Emperor Nicholas on the 3rd April, 1833. It is also probable (though no mention is made to that effect) that the examination of political prisoners, the system of prison discipline previous to their condemnation, and the practice of the courts-martial in trying them, are to continue such as have been in force in Russia under martial law from time immemorial. These courts have been instructed, however, in passing sentence on civilians for political crimes within the Kingdom of Poland, to be guided in future by the provisions of the Civil Criminal Code introduced here in 1847, or rather according to its last Russian edition of 1857, instead of condemning to penalties prescribed by the Military Code heretofore in use in such cases.] Another important modification in the practice of these courts has been introduced both in Russia and here since September last. The prisoners are allowed counsel to defend them, and the military commander is to select a procurator to conduct the prosecution on behalf of the Crown, to draw up the indictment, and to watch the proceedings, and to reply to the objections of the prisoner's counsel. The right, however, to be last heard belongs to these. The right of being defended by an advocate was first conceded to Jaroszynski in August last, as until then it had been only nominal. In fact, both this privilege and the admission of the public to these trials is due to the intervention of the Grand Duke Constantine, who has throughout shown a most praiseworthy desire to amend the arbitrary system of proceeding in political cases heretofore in use; and although the whole system of military jurisprudence still continues to present in this country many striking instances of anomalies and irregularities, it is gratifying to see how anxious His Imperial Highness is to introduce amendments required by the ideas of modern civilization, however unpalatable to the men of the old school in his native country. I have, &c. Earl Russell. W. A. WHITE. No. 9.-Colonel Stanton to Earl Russell.-(Received February 2.) MY LORD, Warsaw, January 28, 1863. I HAVE the honour to forward herewith to your Lordship translations of two revolutionary proclamations that have been issued by the so-called National Committee at Warsaw. The first of these, dated the 16th instant, is forwarded to your Lordship in French, as I was unable to procure a copy of the original. This proclamation calls upon the country to rise against the Russians, and to resist the conscription to the last extremity, declaring also the Marquis Wielopolski and his son, as well as all the persons who had assisted in carrying out the conscription in Warsaw, as outlaws and traitors to their country. The second proclamation, under date of the 22nd instant, worthy of notice, from the attempt to induce the peasants to join the movement by the promise held out to them, of having the land |