Mr. Tower to Mr.
Hay.
Embassy
of the United States,
St.
Petersburg
,
November 18,
1899
.
No. 152.]
Sir: I have the honor to inform you that in
compliance with the instructions contained in the dispatch No. 89 of Mr.
Hill, Acting Secretary, [Page 861] dated
the 28th of September, 1899, in regard to certain modifications which
the Government of the United States wished to have made in the wording
of the protocol proposed by the Imperial Russian Government to be used
in arbitrating the claims which have grown out of the seizure of the
American vessels, James Hamilton Lewis, C. H. While,
Kate and Anna, and Cape Horn Pigeon, the
said modifications were duly presented to the Imperial Russian ministry
of foreign affairs by Mr. Peirce, chargé d’affaires ad interim.
The modifications as contained in the memorandum which accompanied Mr.
Hill’s dispatch were apparently acceptable to the Russian Government,
though, as Count Mouraview, the Imperial minister of foreign affairs,
was then abroad upon leave, the gérant of the ministry, Count Lamsdorff,
requested Mr. Peirce to confer upon this subject with Professor de
Martens, who acts as counsel for the ministry in similar cases.
Mr. Peirce thereupon saw Professor de Martens, with whom he discussed the
modifications proposed by the United States Government, and obtained
from him the impression that they would be found quite acceptable to the
Imperial Government and would be introduced into the protocol.
Professor de Martens was very unwilling, however, to omit from the
protocol the phrase, “and the spirit of international agreements bearing
upon the subject,” in connection with the method in which the arbitrator
should arrive at his decision. But upon the representation that this
phrase was not entirely acceptable to the Government of the United
States he consented to waive it, and Mr. Peirce understood that he would
so advise the Imperial minister of foreign affairs.
I have received to-day, however, from the Count Lamsdorff a note (a
translated copy of which I have the honor to inclose to you herewith),
in which he declares that the Imperial Government insists upon retaining
the phrase, “and the spirit of international agreements bearing upon the
subject,” upon the ground that it is essential to the arbitration, and
that the decision as to what is relevant to the subject in this
connection should be left to the arbitrator himself to decide.
The Imperial Government also proposes that the arguments of each of the
contestants shall be made in the French language, in order to facilitate
the interchange of memoranda and give greater celerity to the
transactions than if the American side were presented in English and the
Russian in Russian.
I inclose, also, herewith a copy of Mr. Peirce’s letter of the 20th of
October to Professor de Martens, which is referred to in the note of
Count Lamsdorff.
I request the instructions of the Government for my further direction in
this negotiation.
I have, etc.,
[Inclosure 1.]
Count Lamsdorff
to Mr. Tower
.
[Translation,]
Imperial Ministry of Foreign Affairs,
First Department
,
November 5 (17), 1899
.
No. 5719.]
Mr. Ambassador: Mr. Privy Counsellor
Martens has sent me the letter which Mr. Peirce had the goodness to
address to him on October 20, transmitting to him a new draft for
the protocol to be exchanged between the Imperial Government and
that [Page 862] of the United States
on the subject of the arbitration procedure in the affair of the
American vessels James Hamilton Lewis, C. H.
White, Kate and Anna, and the Cape Horn
Pigeon.
The Imperial Government has no objection to make for its part to the
modifications contained in the new draft, except on the two
following points: The draft in question does not contain the clause
mentioned in the ministerial notice of August 16, stipulating that
the arbitrator shall be guided by “the spirit of international
agreements bearing upon the subject;” the imperial ministry of
foreign affairs finds itself obliged to insist that the stipulation
in question be introduced into the text of the protocol. In the
opinion of the Imperial Government there can be no objection to the
clause in question since it refers to agreements applicable to the
subject. It is for the arbitrator to decide to what extent the
agreements which might be cited could be made applicable to the
present litigation.
The Imperial Government further considers that, with regard to the
official languages to be employed in the course of the proceedings
as regards the communications of the parties and the decision of the
arbitrator, it is desirable, that uniformity be observed. To this
end the use of the French language, as in general use in diplomatic
correspondence, seems to it indicated in the present case, for
otherwise, if each of the parties made use of his native language,
this fact would impede the progress of the proceedings and render
the task of the arbitrator more difficult.
Please to accept, etc.,
[Inclosure 2.]
Mr. Peirce to
Professor de Martens.
Embassy of the United States,
St. Petersburg
,
October 20 (November 1),
1899
.
Your Excellency: Referring to our recent
conversations regarding the protocol of the arbitration between the
Imperial Government and the Government of the United States to
adjudicate the claims arising out of the seizure of certain American
vessels by officials of the Imperial Government, I have the honor to
inclose herewith an amended copy of the Russian draft of the
protocol conforming to certain changes desired by my Government, and
certain other changes which, in the course of our conversations on
the subject have appeared to be advisable, to all of which we have
mutually agreed, subject on the part of each of us to the approval
of our respective Governments.
For convenience in comparison I have marked with red ink those
passages in which the text of the original Russian draft has been
altered.
I avail, etc.,
