Foreign Relations of the United States, 1902, Whaling and Sealing Claims Against Russia, On Account of Arrest and Seizure of the American Vessels “Cape Horn Pigeon,” “James Hamilton Lewis,” “C. H. White,” and “Kate and Anna,” Appendix I

Mr. Asser to Mr. Newel.

[Translation.]

The Hague, June 3, 1902.

Mr. Minister: The administrative council of the Permanent Court of Arbitration having kindly placed at our disposal for the sitting of the Arbitration Tribunal in re affairs relating to the vessels Cape Horn Pigeon, James Hamilton Lewis, C. H. White, and Kate and Anna, its offices and organization, I have the honor to advise your excellency that said sittings will be held in the quarters of the said court, at Prinsengracht, in this town, on Friday, the 27th instant, at 1.30 p.m., to be continued on Saturday, the 28th.

At the same time I take the liberty to transmit to your excellency a notice containing the points in regard to which information will ultimately be required from the counsels and the experts appointed by the high parties, as appear desirable to me. I venture to add that I do not deem it of service at the present moment to formulate precisely the questions, and I venture to reserve the right of addressing to the counsels and the experts such questions as may arise from the information obtained.

I seize this occasion, Mr. Minister, to present to your excellency the renewed assurances of my highest consideration.

T. M. C. Asser.

Mr. Stanford Newel,
Envoy Extraordinary and Minister Plenipotentiary of the United States of America, etc., at The Hague.

Notice.

[Translation.]

The points in regard to which the arbitrator ventures to ask for information from the counsels and the experts, viz:

legal points.

I. Treaty of the year 1867 between the United States and Russian establishing a line of demarkation in the Bering Sea. (First contramemorandum of the partie defenderesse, p. 2.)

II. (a) Motives for the refusal on the part of Russia to accept the proposition made by England, tending to prohibit the Russian subjects from seal hunting beyond the line of demarkation fixed by the English-American agreement so long as the same should be in force. (Ibid., p. 2.)

(b) Signification given to the expression “partie occidentale de la mer de Behring” by the Imperial Government in regard to which this Government took special measures, maintained by the sending of a war ship. (Ibid., p. 2.)

III. Point of view of the American Government in regard to the seizures mentioned. (Ibid., p. 2.)

“cape horn pigeon.”

I. Number of the officers and crew of the equipage. (31 or 44(?) Memorandum of the partie demanderesse, p. 9 and p. 32, 31.)

II. Whale fishing:

Fishing season in the cases in question.

Commencement and close of the season.

The most favorable part of the season.

Distance between the fishing grounds and the port of Vladivostock. (Allegations to the memorandum of the partie demanderesse, p. 11.)

III. Estimate of the number of whales which would be taken up till the end of the season.

IV. Value of a whale. (Weight and value of the whalebone; quantity and value of the oil.)

seal hunting.

I. Season of the seal hunting: Commencement and close of the season; most favorable part of the season in the Behring Sea.

II. Estimate of the probable capture of seals in a fixed period. Value of a seal skin (at the place where it is captured and at the London market).