Mr. Hay to Count Cassini.

No. 239.]

Excellency: I have the honor to acknowledge the receipt of your note of the 15th instant advising this Department, under instructions from your Government, that correspondents communicating war news by wireless telegraphy, who shall be arrested off the coast of Kwantung or within the zone of operations of the Russian fleet, will be regarded as spies, and that vessels provided with wireless telegraph apparatus shall be seized as lawful prize.

In taking note of this declaration the Government of the United States does not waive any right it may have in international law in the case of any American citizen who may be arrested or any American vessel that may be seized under it.

Accept, etc.,

John Hay.