Foreign Relations of the United States, 1894, Appendix I, Chinese-Japanese War, Enforcement of Regulation Respective to Fur Seals, Mosquito Territory, Affairs at Bluefields, Claim of Antonio Maximo Mora, Import Duties on Certain Products of Colombia, Haiti, and Venezuela, Affairs in the Samoan Islands

Mr. Foster to Mr. Tupper.

Agency of the United States,
Paris, May 27, 1893.

Dear Mr. Tupper: I have the honor to acknowledge the receipt of your communication of the 26th instant, in which you inform me that a Mr. Boscowitz “happens at the present moment to be in Paris,” and, in view of certain proofs adduced in behalf of the United States respecting him, you suggest that he be examined and cross-examined here for the purpose of submitting his evidence to the arbitrators as material for a decision on their part.

An examination of the treaty under which the pending arbitration is constituted must satisfy you that I have no power or authority to accede to your request. The manner in which evidence is to be submitted to the-arbitrators is precisely fixed by the terms of the treaty, and no opportunity or method for such submission is therein afforded to either party, except through its respective case and counter case.

Besides, it would hardly seem reasonable to allow one party, after the case, counter case, and printed argument had been submitted, and while the oral argument was in progress and near its close, to examine an important witness on its behalf, when the witnesses of the other party, whose testimony might be material to refute his statements, were 6,000 miles away, and who could not be reached in time to submit their testimony to the tribunal.

Referring to your inquiry as to whether we can agree upon the facts in dispute in order that the suggestion of Sir Charles Russell might be made effective, I have pleasure in saying that I am prepared to concur with you in any statement of facts proper to be considered by the tribunal and warrranted by the evidence now legitimately before that body.

In closing I beg to remind you that “the suggestion * * * that some of the vessels for the seizure of which damages were claimed by Her. Majesty’s Government were owned by citizens of the United States” was not for the first time advanced by the United States in its counter case, as will be seen by references to the case of the United States, App., Vol. II, p. 505.

I am, etc.,

John W. Foster.

[Inclosure 3.]

Memoranda as to ownership and value of vessels for which damages are claimed by the British Government, with accompanying envelope.

Carolena (p. 1 of Schedule to Claims, British case).—Was owned by A. J. Bechtel, American citizen (United States Argument, p. 219). Upon the question of American ownership of vessels, see, generally, United States case, Vol. II, p. 497. Mortgaged to A. J. Bechtel for $1,000 (U. S. C. C., p. 261).

British Government claims $125 per ton for this vessel (Schedule of Claims, p. 1).

That this is excessive, see United States Counter Case, pp. 247 and 248, where it appears that the Marvin, a fine boat, sold in 1892 for $58 per ton. A survey in 1885 shows her value to have been $3,000. (See report on survey on Carolena, envelope A.

As to value of sealing vessels and equipments, generally, see, report of United States Special Agent Henry, United States Counter Case, p. 245.

Thornton (p. 6).—Owned one-half by Boscowitz, American (United States Argument (p. 218), and in addition to references there given see also United States Counter Case, p. 314).

Value: British Government alleges 78 tons burden and value of $6,000, or $76.92 per ton. Her actual registered tonnage was 29.36 (U. S. C. C., pp. 339, 258).

Note.—That all calculations for value are made on net registered tonnage. See ibid., p. 350, per Turner.

Mortgaged to Boscowitz for $4,000 (U. S. C. C., p. 261). Actual value, at $76.92 per ton (which is probably excessive), $2,258.37.

Onward, (p. 10).—Maj. Wm. H. Williams says that Capt. Alexander McLean, sealing captain of San Francisco, has stated to him that he, McLean, was part owner of this vessel. Major Williams believes that Captain McLean would be willing to make an affidavit to this effect.

Value: Alleged tonnage, 94; value claimed, $4,000; i. e., $42.55 per ton; actual tonnage, 32.20 (U. S. C. C., p. 339); actual value; at $42.55 per ton, $1,497.76.

W. P. Sayward (p. 17).—Owned by Boscowitz (see mem. for Thornton). Mortgaged in 1887 to Boscowitz for $2,500 (U. S. C. C., p. 261).

Grace (p. 20).—Owned by Boscowitz (see mem. for Thornton). Mortgaged to Boscowitz in 1886 for $6,000 (U. S. C. C., p. 261).

Value: Alleged tonnage, 182; alleged value, $12,000; i. e., value per ton, $65.93; actual tonnage, 76.87; actual value (at $65.93 per ton), $5,068.03 (U. S. C. C., p. 339); appraised value, $10,404 (U. S. C. C., p. 339); amount realized at sale, $1,525 (U. S. C. C., p. 339). The Grace was a steamer (U. S. C. C, p. 258). That the appraised value was considered too high at the time, see Senate Ex. Doc. No. 106, Fiftieth Congress, second session, p. 72. That no steps were taken by owners of Grace, Anna Beck., Dolphin, or Ada, to obtain their release, see ibid., p. 80.

Anna Beck (p. 24).—Owned by Boscowitz (see mem. for Thornton). Mortgaged in 1886 to Boscowitz for $6,000 (U. S. C. C., p. 261).

Value: Appraised value, $2,600; sold for $907; value claimed, $8,000 (U. S. C. C., p. 339); registered tonnage (U. S. C. C., p. 258), 40.38.

(In confirmation of the actual tonnage given by the United States, and hereinafter mentioned, of Grace, Anna Beck, Dolphin, and Ada, see Senate Ex. Doc. No. 106, Fiftieth Congress, second session, p. 72, where it is stated from a wholly independent source that the total tonnage of these four vessels is 249; this tallies closely with that now alleged by the United States.)

As to appraised value, see under Grace. Her appraised value was accepted by owner for purposes of bonding (Senate Ex. Doc. No. 106, Fiftieth Congress, second session, p. 76). She was built in 1865 (see certificate of enrollment). Now called the James G. Swan (envelope A).

Dolphin (p. 28).—Owned by Boscowitz (see mem. for Thornton).

Value: Mortgaged in 1886 to Boscowitz for $6,000 (U. S. C. C., p. 261); alleged tonnage, 174 tons; alleged value, $12,000; i. e., $68.96 per ton; actual tonnage, 60.10; actual value, at $68.96 per ton, $4,144.49 (U. S. C. C., p. 339); a steamer (U. S. C. C., p. 258): appraised value, $7,750 (U. S. C. C., p. 339); sold for $1,225 (ibid). (See remarks under Grace as to appraised value.)

Alfred Adams (p. 32).—Owned by A. Frank, American (United States) Argument, p. 219.)

Ada (p. 34).—Value: Tonnage alleged, 68; value alleged, $7,000, i. e., $103 per ton. This valuation is excessive (see value of Marvin, U. S. C. C., pp. 248 and 257.) Actual tonnage, 56.95 (U. S. C. C., p. 339); appraised value, $2,900; sold for $1,900 (U. S. C. C., p. 339).

(See remarks under Grace as to appraised value.)

That her appraisement was generally accepted, see Senate Ex. Doc. No. 106, Fiftieth Congress, second session, p. 78. Became in 1888 the James Hamilton Lewis; was seized by Russia for raiding Copper Island in 1891.

Lily (p. 50).—Owned by A. Frank, American (United States Argument, p. 219).

Black Diamond (p. 48).—Owned by A. Frank, American (United States Argument, p. 219).

Pathfinder (pp. 40 and 57).—Owned by A. J. Bechtel, American United States Argument, p. 219).