Mr. Thomas to Mr.
Hay.
Legation of the United States,
Stockholm, November 23,
1900.
No. 167.]
Sir: Referring to your instruction No. 96 of
October 23 last, and my dispatch No. 165 of the 5th instant, in
reference to the Samoan claims arbitration, I have the honor to inform
you that I have just been apprised by the British minister here that he
has received instructions from his Government similar to those contained
in your instruction, and that in accordance therewith he has notified
the minister for foreign affairs of the assent of Great Britain to the
admission of the claims of all foreigners arising out of the military
operations in Samoa to arbitration, subject to substantially the same
provisos as those contained in your instruction.
Immediately on receipt of this information I addressed a note to the
foreign office, a copy of which is inclosed herewith, requesting the
good offices of the minister for foreign affiairs in bringing to the
knowledge of His Majesty the assent of our Government to the admission
of the above claims to arbitration, subject to the conditions set forth
in your correspondence, and to the concurrence of Great Britain and
Germany.
I beg to add that my German colleague has not received as yet any
instructions from his Government on the subject of these claims.
I have, etc.,
[Inclosure.]
Mr. Thomas to
Mr. Lagerheim.
Legation of the United States,
Stockholm, November 23, 1900.
Excellency: I have the honor to inform your
excellency, by direction of the Secretary of State, that a
substantial agreement has been reached between the Government of the
United States, Great Britain, and Germany, parties to the convention
of November 7, 1899, for the settlement of certain claims in Samoa
by arbitration, permitting those of all foreigners arising out of
the military operations in Samoa to be submitted to arbitration,
since His Majesty the King of Sweden and Norway has expressed a
willingness to consider them in connection with the claims of
citizens or subjects of the three treaty powers.
[Page 902]
The Secretary of State, in agreeing to this proposition in a note to
Lord Pauncefote, of October 13, 1900, concluded as follows:
“The Government of the United States accordingly assents to the
proposition in case Great Britain and Germany do likewise. It
believes, however, that each Government should insist upon knowing
the number and character of these claims before their final
submission to the arbitrator, and that the Government desiring this
special privilege on behalf of its citizens or subjects should
prefer its request to each of the signatory powers, so that they may
have an opportunity to know what is to be presented to the
arbitrator. The claim of a national whose Government is not
responsible for its presentation in this way should be
excluded.”
The Secretary of State furthermore, in view of the special privileges
thus accorded, invited particular attention to the above paragraph
in his note to the German chargé d’affaires ad interim at Washington
of the 22d of October last. The Secretary also addded:
“This Government believes that this condition should prevail, and
perceives no just reason why the foreign government desiring to
avail itself of this special provision should not take the steps to
do so in the manner indicated.”
In compliance with instructions from the Secretary of State I have
the honor to request the good offices of your excellency in bringing
to the knowledge of His Majesty the consent of the Government of the
United States to the above proposition, subject to the conditions
set forth in the foregoing extracts quoted from the correspondence
of the Secretary, and subject also to the concurrence of Great
Britain and Germany.
I beg to renew, etc.,
