Mr. Thomas to Mr. Hay.

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.,

W. W. Thomas, Jr.
[Inclosure.]

Mr. Thomas to Mr. Lagerheim.

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.,

W. W. Thomas, Jr.