Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898

Mr. Day to Sir Julian Pauncefote.

Department of State,
Washington , June 15, 1898 .

No. 1054.]

Excellency: I have the honor to inform you that the Congress of the United States has made the necessary appropriation to enable the United States Government to discharge its obligations under the treaty between it and Great Britain of February 8, 1896, and the award of the commission organized in accordance with that treaty. A copy of the act of Congress is herewith inclosed for your information.

It will be seen that the sum appropriated by Congress for the purpose indicated is $473,151.26. An examination of the terms of the award rendered by the commissioners shows that this amount not only includes the sum awarded by virtue of the treaty, but contains other sums awarded for certain claims respecting which the commission had no special jurisdiction, but which, by agreement between the Secretary of State and yourself, the commissioners proceeded to consider and determine; and for which it assessed the damages sustained by the claimants. These claims are those of the Black Diamond, arising in 1886, and of James Gaudin, master of the Ada, in 1887. While the Government of the United States has contested the validity of these two claims, nevertheless, being desirous of reaching a conclusion of these long-standing differences, it is prepared to make payment of the sum appropriated by Congress as above indicated, with the understanding that it is in full satisfaction of the two claims herein cited as well as of those definitely acted upon by the commission. I should be pleased to have an expression of your views as to the manner of the payment which I am now empowered and ready to make.

I have, etc.,

William R. Day.

[Inclosure in No. 1054.]

AN ACT making an appropriation to pay the Bering Sea awards.

[Public—No. 134.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the President to pay to the Government of Her Britannic Majesty the amount awarded by the commissioners appointed pursuant to the stipulations of the convention of February eighth, eighteen hundred and ninety-six, between the United States and Great Britain, providing for the settlement of the claims presented by the latter against the former in virtue of the convention of February twenty-ninth, eighteen hundred and ninety-two, the sum of four hundred and seventy-three thousand one hundred and fifty-one dollars and twenty-six cents is hereby appropriated out of any money in the Treasury not otherwise appropriated. This appropriation is made without the admission that any liability exists for any loss of prospective profits to British vessels engaged in pelagic fur sealing; or for interest on the sums awarded to Great Britain, and without admitting the authority of the arbitrators to make any award on the basis of damages for the arrest or detention of vessels not included in the submission contained in the treaty.

Approved, June 15, 1898.