Mr. Barrett to Mr. Olney.

No. 176.]

Sir: Acting on your telegraphed instructions of February 17, various suggestions were made as to the selection of the arbitrator. While the governor of the Straits Settlement might have been accepted, it was thought best to secure a distinguished jurist, if possible.

I presented the name of Sir Nicholas J. Hannen, British chief justice and consul-general at Shanghai. The foreign minister at once accepted, and we agreed to address him a joint note asking him to serve. We hope to telegraph or write him within a few days.

In my opinion, if Sir Nicholas J. Hannen will consent to act, we will be assured of an able and impartial arbitrator. He ranks as one of the most capable jurists in the Far East, is an authority on extraterritoriality and international law, and has a thorough knowledge of Asiatics.

The foreign minister held that the arbitrator should sit in Siam. While I thought that this should be left to the arbitrator, I saw that objection to the wish would prolong discussion, and hence yielded. We will therefore suggest to the arbitrator that he sit here in November or December. Before that date climatic conditions would hardly warrant us in asking him to come to Siam. It also gives sufficient time to make full arrangements without undue haste.

I have the honor to await, any further instructions and trust that you will be good enough to forward them at your earliest convenience, as it is my desire to have all details settled before going to Cheangmai in June or July to investigate the Kellett matter.

I have the honor, etc.,

John Barrett,
Minister Resident.