No. 25.
Mr. Delaplaine to Mr. Fish.
Legation of
the United States,
Vienna, March 1, 1877.
(Received March 19.)
No. 41.]
Sir: Referring to my Nos. 39 and 40, I beg to
advise my receipt this morning of a note from his excellency Count Andrássy,
wherein I am informed that His Imperial and Royal Majesty has graciously
been pleased to consent that his ambassador in London should undertake the
duty of selecting a gentleman to act as third commissioner under the
twenty-third article of the treaty of Washington of 8th May, 1871, and that
Count Beust has been accordingly instructed by his excellency the
imperial-royal minister for foreign affairs.
His Imperial and Royal Majesty’s ambassador has been further instructed,
after having made the selection, to communicate forthwith the same to the
foreign office in London, and to the representative of the United States at
that court.
I herewith append a copy of my note to Count Andrássy, and his excellency’s
reply, together with translation.
I have, &c.,
[Inclosure 1 in No. 41.]
Mr. Delaplaine to
Count Andrássy.
Legation of the United States,
Vienna, February 26,
1877.
M. le Ministre: Articles XVIII, XIX, and XXI of
the treaty of Washington, of the 8th of May, 1871, of which I have the
honor herewith to inclose a copy, provide for certain privileges in
respect to fisheries and remission of customs duties, to be granted by
the United States and Great Britain respectively, and in the
twenty-second and twenty-third articles of the treaty it is further
provided:
- “Article XXII. Inasmuch as it is
asserted by the government of her Britannic Majesty that the
privileges accorded to the citizens of the United States under
Article XVIII of this treaty are of greater value than those
accorded by Articles XIX and XXI of this treaty to the subjects
of Her Britannic Majesty, and this assertion is not admitted by
the Government of the United States, it is further agreed that
commissioners shall be appointed to determine, having regard to
the privileges accorded by the United States to the subjects of
Her Britannic Majesty, as stated in Articles XIX and XXI of this
treaty, the amount of any compensation which, in their opinion,
ought to be paid by the Government of the United States to the
Government of Her Britannic Majesty in return for the privileges
accorded to the citizens of the United States under Article
XVIII of this treaty; and that any sum of money which the said
commissioners may so award shall be paid by the United States
Government, in a gross sum, within twelve months after such
award shall have been given.
- “Article XXIII. The commissioners
referred to in the preceding article shall be appointed in the
following manner, that is to say: one commissioner shall be
named by the President of the United States, one by Her
Britannic Majesty, and a third by the President of the United
States and Her Britannic Majesty conjointly; and in case the
third commissioner shall not have been so named within a period
of three months from the date when this article shall take
effect, then the third commissioner shall be named by the
representative at London of His Majesty the Emperor of Austria
and King of Hungary. In case of the death, absence, or
incapacity of any commissioner, or in the event of any
commissioner omitting or ceasing to act, the vacancy shall be
filled in the manner hereinbefore provided for making the
original appointment, the period of three months, in case of
such substitution, being calculated from the date of the
happening of the vacancy.
“The commissioners so named shall meet in the city of Halifax, in the
province of Nova Scotia, at the earliest convenient period after they
have been respectively named, and shall, before proceeding to any
business, make and subscribe a solemn declaration that they will
impartially and carefully examine and decide the matters referred to
them to the best of their judgment, and according to justice and equity;
and such declaration shall be entered on the record of their
proceedings.
“Each of the high contracting parties shall also name one person to
attend the commission as its agent, to represent it generally in all
matters connected with the commission.”
The period of three months specified in the article above quoted having
elapsed, it has become necessary to take steps for the appointment of
the third commissioner in accordance with its provisions, and with this
view I have received the instructions of my government to request you to
invite His Imperial and Royal Majesty to be graciously pleased to
instruct his ambassador at London to undertake the duty of selecting
some gentleman properly qualified to act in the capacity of third
commissioner.
In consideration of the fact that the proceedings at the Halifax
commission will be conducted in the English language, and that any
evidence, documents, or oral testimony will be also in English, it
appears to my government to be a necessary qualification that the third
commissioner should possess an accurate knowledge of that language.
The commissioner appointed by the President of the United States is the
Hon. Ensign H. Kellogg, and the commissioner appointed by Her Britannic
Majesty is Sir Alexander T. Galt, K. C. B., &c.
The arrangements for the constitution of the commission being otherwise
complete, I have the honor to suggest that it would be desirable that
the third commissioner should be named by the representative at London
of His Imperial and Royal Majesty as soon as may be convenient.
I have, further, the honor to inform you that my British colleague has
received instructions to act conjointly with me in making this request,
and he will address you a note in similar terms to that which I have now
the honor to present.
I have, &c.,
[Inclosure 2 in No.
41.—Translation.]
Count Andrássy to
Mr. Delaplaine.
Vienna, February 28,
1877.
The undersigned, minister of the imperial house and for foreign affairs,
has had the honor to receive the esteemed note of the 26th instant, in
which the chargé d’affaires of the United States of America, Mr.
Delaplaine, was pleased, under the instructions of his government, to
express the request that the imperial and royal ambassador in London of
His Majesty the Emperor and King should be authorized, in the sense of
Article XXIII of the treaty concluded at Washington on the 8th of May,
1871, between Great Britain and the United States of America, to
indicate the third commissioner for the negotiation of the differences
pending between these two states in the fisheries question.
In response to this note, the undersigned begs respectfully to inform the
chargé d’affaires that he has represented the matter to His Majesty, and
after having obtained His Majesty’s authorization, he has invited the
imperial and royal ambassador in London to undertake the nomination of
the third commissioner, in accordance with the enactment of the said
article.
At the same time Count Beust has been requested to communicate forthwith
the selection made by him to the foreign office in London, and to the
representative of the Government of the United States at that place.
The undersigned avails himself of this occasion to renew to the chargé
d’affaires the assurance of his distinguished consideration.
