Mr. Hagerman to Mr. Hay.
St. Petersburg, September 7, 1899.
Sir: I have the honor to call your attention to that part of Mr. Tower’s dispatch No. 84, of August 29 last, in which he remarked that it might be considered advisable to inquire into the precise meaning of a certain phrase in the draft of protocol submitted by Russia for the arbitration of the claims arising out of the seizure of the James Hamilton Lewis and other American vessels by Russian cruisers. Mr. Tower stated that he understood that the phrase in question providing that the arbitrator in his decision, besides following the general principles [Page 854] of international law, should also follow “the spirit of international agreements bearing upon the subject,” had been suggested by Russia as a modification of the original plan presented by Great Britain.
I am able to state now that, according to reliable information given Mr. Tower immediately before his departure, this proposed modification is unacceptable to Great Britain, and that the Russian Government will be so advised.
I have, etc.,