Mr. Blaine to Mr. Anderson.

No. 130.]

Sir: I have to inform you that the ratifications of the treaty for the settlement of the claim of Carlos Butterfield were exchanged in this city on the 23d ultimo, and that it was duly proclaimed by the President on the following day.

The next step to be taken is the extension to Sir Edmund Monson, the arbitrator named in the treaty, of a formal invitation to accept the power therein conferred upon him.

It is thought that the best way of extending such invitation will be for the Government of the United States and the Government of Denmark, respectively, to instruct their diplomatic representatives at Athens, where Sir Edmund Monson holds the position of diplomatic representative of Her Britannic Majesty, to write to him jointly, informing him of the mutual desire of their Governments that he should discharge the task of arbitrator. For such a course there are precedents, of which an example is that of the invitation extended on behalf of the Governments the United States and Spain to Baron Blanc to accept the position of arbitrator in the cases of the Masonic. (See Foreign Relations, 1885, p. 693.) Such a course secures absolute uniformity of language in the invitation and avoids the raising of any question as to the effect or intention of variant phraseologies.

[Page 153]

With this view I inclose herewith a draft of a note to be written to Sir Edmund Monson by the diplomatic representatives of the United States and Denmark at Athens, requesting his acceptance of the post of arbitrator.

At the same time a copy of this draft note will be sent to our diplomatic representative at Athens, with instructions to hold it until the representative of his majesty the King of Denmark at that place shall have been directed to join in its signature.

While it is not anticipated that any objection will be raised by the Danish Government to the extension of the invitation by a joint note, yet, in order to avoid delay in case such objection should be raised, I inclose herewith a draft of an identic note, which may, in that case, be written to Sir Edmund Monson by the diplomatic representatives of the United States and Denmark at Athens, respectively.

I inclose herewith printed copies of the treaty in question.

You are instructed to bring this matter to the attention of the Danish Government as early as possible.

I am, etc.,

James G. Blaine.
[Inclosure 1 in No. 130.]

Joint note to be written by the diplomatic representatives of the United States and Denmark at Athens to Sir Edmund Monson, British minister there.

Excellency: The Government of the United States of America and the Government of his majesty the King of Denmark have, by a treaty concluded on the 6th day of December, 1888, of which the ratifications have been duly exchanged, agreed to submit to the decision of an arbitrator the claim of Carlos Butterfield and Company, of which Carlos Butterfield, now deceased, was the surviving partner, presented by the Government of the United States against the Government of Denmark for an indemnity for the seizure and detention of the two vessels, the steamer Ben Franklin and the barque Catherine Augusta, by the authorities of the island of St. Thomas of the Danish West India Islands, in the years 1854 and 1855; for the refusal of the ordinary right to land cargo for the purpose of making repairs; for the injuries resulting from a shot fired into one of the vessels, and for Other wrongs. A copy of the treaty is hereto annexed.

Both Governments having entire confidence in the learning, ability, and impartiality of your excellency, they have had great satisfaction in agreeing upon you as the proper person to whom to submit for decision the questions involved in the claim referred to.

In performing the grateful duty of inviting your excellency to accept the power conferred upon you by the treaty, we have the honor to express the hope that we may have the pleasure, as soon as it may suit your convenience to communicate to us your wishes, of sending a notice to our respective Governments that you have accepted the task now jointly tendered by us in their behalf.

[Inclosure 2 in No. 130.]

Note to be written by the diplomatic representative of the United States at Athens to Sir Edmund Monson in case a joint note is not signed.

Sir: The Government of the United States of America and the Government of his majesty the King of Denmark have, by a treaty concluded on the 6th day of December, 1888, of which the ratifications have been duly exchanged, agreed to submit to the decision of an arbitrator the claim of Carlos Butterfield and Company, of which Carlos Butterfield, now deceased, was the surviving partner, presented by the Government of the United States against the Government of Denmark, for an indemnity for the seizure and detention of the two vessels, the steamer Ben Franklin and the barque Catherine Augusta, by the authorities of the island of St. Thomas, of the Danish West [Page 154] India Islands, in the years 1854 and 1855; for the refusal of the ordinary right to land cargo for the purpose of making repairs; for the injuries resulting from a shot fired into one of the vessels, and for other wrongs. A copy of the treaty is hereto annexed.

Both Governments having, as stated in the treaty, entire confidence in the learning, ability, and impartiality of your excellency, I have the honor to express the great satisfaction of my Government in agreeing upon you as the proper person to whom to submit for decision the questions involved in the claim referred to.

In performing the grateful duty of inviting your excellency, in behalf of my Government, to accept the power conferred upon you by the treaty, I have the honor to express the hope that I may have the pleasure, as soon as it may suit your convenience to communicate to me your wishes, of sending a notice to my Government that you have accepted the task now tendered by me in its behalf.