Mr. Hill to Mr.
Hagerman.
Department of State,
Washington, September 28,
1899.
No. 89.]
Sir: I have to acknowledge the receipt of the
ambassador’s No. 84, of August 29 last, inclosing his draft and the
Russian counterdraft of an agreement providing for the arbitration of
the claims of American citizens growing out of the seizure of the
vessels James Hamilton Lewis, C. H. White, Kate and
Anna, and Cape Horn Pigeon; also of your
No. 94, of the 7th instant, referring to a clause in the Russian
counterdraft.
The draft proposed by the ambassador would be acceptable to this
Government. The Russian counterdraft is also acceptable, with the
modifications indicated in the accompanying memorandum.
I am, etc.
David J. Hill,
Acting Secretary.
[Inclosure.]
Memorandum.
The department suggests the insertion, after the words “Cape Horn Pigeon” in the first paragraph, of
the words “their owners, officers, and crews,” and the omission at
close of the second paragraph of the words “in the said
schooners.”
In case of at least one of the vessels there is involved a claim of
members of the crew for illtreatment during detention, so the
arbitration should not be limited to parties having interest in the
vessels.
After the fourth paragraph, on the second page of the Russian draft,
the department suggests the insertion of the following
paragraph:
“The arbitrator shall render his decision in all the cases within six
months from the date of the delivery to him of the last memorandum
or contramemorandum provided for in this agreement.”
It would seem wisest to omit in the fifth paragraph on the second
page the words “and the spirit of international agreements bearing
upon the subject.”
This Government has entered into an agreement with Russia, dated May
4, 1894 (not retroactive, however), to prohibit our citizens from
hunting for seal within a zone of 10 nautical miles along the
Russian coasts and within a zone of 30 nautical miles of the
Commander Islands. Very likely Russia may have similar agreements
with other governments.
Omit the closing words of the last paragraph on the second page of
the Russian draft—“in the said vessels.”
In the last paragraph (last page) of the Russian draft, after the
word “matter,” insert: “to pay one-half of the compensation of the
arbitrator for his services.”
The Department also suggests the insertion of the following
provision:
“Any amount awarded by the arbitrator in favor of the claimants or
either of them shall be paid by the Government of Russia within one
year from the date of the award.”
