Inasmuch as the protocol includes all the points for which I contended,
as well as the essential features named in your No. 111, of May 25, and
is acceptable to the Cheek estate, I trust that it will meet your
esteemed approval.
Whenever you see fit to telegraph, as soon as possible after the arrival
of this letter, as intimated in the dispatch just named, I beg to
suggest that you communicate also with the Siamese consul-general in New
York that he may send a confirmatory message to the Siamese
Government.
Objections which I feared the Siamese Government might raise I succeeded
in overcoming by discussing, in a friendly and frank manner, with the
foreign minister and other high officials, including the foreign
adviser, the points at issue until perfect accord was attained; and
although the Siamese Government consumed nearly four weeks in preparing
to sign the protocol, it finally yielded to my representation, enabling
the foreign minister and myself to affix this day our signatures
thereto, which we did with reciprocal expressions of kindly feelings and
high esteem—both glad that a most important step had been taken leading
to the settlement of this great case.
[Inclosure in No. 223.]
Protocol of an agreement between His Royal Highness
Prince Devawongse Varo-praker, minister for foreign affairs of His
Majesty the King of Siam, and John Barrett, minister resident and
consul-general of the United States of America, for submission to an
arbitrator of the claims of the late Marion A. Cheek (or of the
estate of said Marion A. Cheek) against the Government of His
Majesty the King of Siam, and of the Government of His Majesty the
King of Siam against the late Marion A. Cheek (or the estate of said
Marion A. Cheek).
His Majesty the King of Siam and the United States of America,
through their representatives, His Royal Highness Prince Devawongse
Varopraker, minister for foreign affairs of His Majesty the King of
Siam, and John Barrett, minister resident and consul-general of the
United States of America, have agreed upon and signed the following
protocol:
Whereas the .United States of America, on behalf of the late Marion
A. Cheek, a citizen of the United States (or of the estate of said
Marion A. Cheek), have claimed indemnity from the Government of Siam
for arbitrary, unjustifiable, and other injurious action alleged to
have been taken against the said Marion A. Cheek by the Government
of Siam; and whereas the Government of Siam denies either the
allegations of fact or contentions of law on which the claims of the
other party are based, or the right of the other party to demand
indemnity on account of such facts and contentions of law, and holds
that in any case said Marion A. Cheek’s liabilities to the Siamese
Government, eventually including the amount of damages that might be
awarded to Siam in consequence of the injurious action of said
Marion A. Cheek or of the administrator of his estate (which
injurious action is denied by the other party) exceeds the amount of
damages that might be awarded to said Marion A. Cheek, or his
estate, in consequence of the injurious action of the Government of
Siam; it is therefore agreed between the two Governments, with the
consent of the administrator of the estate of Marion A. Cheek:
I. That every matter of dispute, both facts and law, brought into
issue between the two parties shall be referred to the decision of
Sir Nicholas J. Hannen, Her Britannic Majesty’s chief justice and
consul-general at Shanghai, who is hereby authorized as arbitrator,
and who has given to both Governments official notice that he has
accepted this office by permission of his Government.
[Page 480]
II. a. That the parties to this agreement
shall jointly have printed, not later than the 25th day of
September, 1897, copies of the correspondence, documents, evidence,
proofs, and other matter which have passed between them or which
have been submitted by one of said parties to the other party in the
consideration or discussion of said case; and each party shall be
provided with six copies of said printed matter, and two signed
copies shall be immediately forwarded to the arbitrator through the
British representative in Bangkok.
b. That on, or not later than, the 20th day of
November, 1897, the parties hereto shall exchange with each other,
and file with the British representative in Bangkok, to be
immediately forwarded to the arbitrator, such pleadings, statements
of fact, claims for compensation or damages, and other matter
pertaining to the case as shall be deemed necessary by the party
filing the same for a proper presentation of his case.
c. That when the court of arbitration opens
both parties may file answers to the respective pleadings,
statements of fact, claims for compensation or damages, and other
matter pertaining to the case referred to in the above paragraph “b,” and the arbitrator may permit either or
both parties to file further pleadings or statements, or not, as he
deems advisable. Both parties may present evidence in support of the
allegations contained in the various pleadings and statements filed
in the case.
III. That the arbitration court shall sit in Bangkok from and after
the 1st day of February, 1898, unless another date shall be agreed
upon between the arbitrator and the two Governments, and the
arbitrator, after examining the statements, pleadings, documents,
evidence, proofs, and other matter submitted, may permit arguments
and call for any additional evidence.
IV. That the arbitrator shall render his decision within three months
after having left Bangkok. He shall decide on the statements,
pleadings, evidence, proofs, and arguments submitted to him whether,
and for what sum, the Government of Siam is indebted to the estate
of Marion A. Cheek, or the estate of Marion A. Cheek to the
Government of Siam, provided that, if the award is made in favour of
the Government of Siam, it shall be against the estate of Marion A.
Cheek only and not against the United States.
V. Reasonable compensation to the arbitrator and the other common
items of expense attending to the hearing of the case by the
arbitrator shall be paid in equal moities by the two
Governments.
VI. Any award made by the arbitrator shall be final and conclusive,
and the amount so awarded shall be paid, as the case may be, either
by the Government of Siam or by the estate of Marion A. Cheek, not
later than four months from the date of such award.
VII. Should either party to this protocol fail to comply with its
provisions the effect thereof shall be determined by the
arbitrator.
Done in duplicate at
Bangkok
this twenty-sixth
day of July, 1897.
- Devawongse,
- John Barrett.
