Mr. von Mumm to Mr. Hay.
Washington, September 19, 1899.
Mr. Secretary: In an exchange of notes on the 23d of last month, the Imperial German and the Royal British Governments have agreed to decide by arbitration the question of indemnity pending between them with regard to the occurrences in Samoa, and, to that end, to request His Majesty the King of Sweden and Norway to act as arbiter in the case.
In accordance with my instructions, I have the honor to notify your excellency of this fact, and to request the United States Government to cooperate in it.
The note sent by Count von Hatzfeldt to Lord Salisbury is of the following tenor:
All claims for indemnity for damages presented by German or British subjects, whether individuals or companies, and which damages they claim to have been subjected to in consequence of unjustifiable military action on the part of English or German officers during the period from January 1 of this year up to the day of the arrival of the commission at Samoa, shall be decided by an arbitral award to be rendered in accordance with the principles of law or the requirements of justice. His Majesty the King of Sweden and Norway is requested by both Governments to undertake the office of arbiter. This award shall further decide whether either of the two Governments, alone or in conjunction with the other, shall pay such indemnities; and if so, to what amount. Each of the two Governments shall, however, have the right, after securing in each case the previous assent of the other Government, to submit to the King’s decision, at the same time, similar claims presented by persons, not natives, who are under the protection of either of the two powers, and who do not belong to the classes above mentioned.
Your excellency would greatly oblige me by informing me whether the United States Government is willing to declare its adhesion to the principle involved in the contents of this note, and to cooperate in the matter with the two Governments mentioned.
In the latter case I would have the honor, with the expectation of receiving a reply of the same report, to hand to your excellency a note of the following tenor:
Mr. Secretary of State:
All claims presented by Germans, American citizens, or British subjects, whether by individuals or companies, for indemnities for damages which they claim to have been subjected to in consequence of the unjustifiable military action of American, English, or German officers during the period from January 1 of this year up to the day of the arrival of the commission in Samoa, shall be decided by an arbitral award to be rendered in accordance with the principles of law or the requirements of justice.
His Majesty the King of Sweden and Norway will be requested by the three Governments to undertake the office of arbiter. This award shall further decide whether either of the three Governments, alone or in conjunction with one of the other Governments, or in conjunction with both the other Governments, shall pay such indemnities; and if so, to what amount.
Each of the three Governments shall, however, have the right, after securing in each case the previous assent of the other Governments, to submit to the King’s decision at the same time similar claims presented by persons, not natives, who are under the protection of either of the three powers, and who do not belong to the classes above mentioned.
Your excellency would greatly oblige me by notifying me of the adhesion of the United States Government to the foregoing points.
Accept, etc.,