Mr. Newel to Mr. Hay.

No. 736.]

Sir: Referring to Department dispatch No. 410, dated March 9, 1904, relating to the costs of the international tribunal in regard to the Venezuelan arbitration case, and instructing me to communicate the contents of that instruction to the international bureau;

I have the honor to inclose herewith a copy of the correspondence that has passed between this legation and the secretary general of the permanent court of arbitration on the subject, consisting of my note of the 21st of March, Jonkheer Ruyssenaers’ reply, and a translation of that note.

It will be observed that Jonkheer Ruyssenaers offers, provided the United States Government should deem it advisable, to act as intermediary in regard to the honorarium to be paid to the three arbitrators; that, in confirming the agreement that that honorarium has been fixed upon at $19,000, the United States quota thereof would be $1,727.28, and, further, that he has addressed a similar communication to all the eleven powers interested in this litigation.

Awaiting the Department’s instructions in the premises,

I have, etc.,

Stanford Newel.
[Inclosure 1.]

Mr. Newel to Jonkheer Ruyssenaers.

Sir: Referring to my No. 71, dated March 10, 1904, relating to the liquidation of the costs of the tribunal of arbitration, constituted in virtue of the protocols of Washington of May 7, 1903;

I have the honor to state that I am instructed by my Government to say, that inasmuch as the protocols did not confer upon the tribunal any power to commission any government to see to the execution of the award or any part of it by other governments, the United States Government would feel great delicacy in undertaking to execute the mandate. The want of authority on its part to do so would make it extremely embarrassing. In case any one of the other States should refuse to pay its own costs or its share of the costs of the tribunal [Page 518]the United States Government would have no means to execute the mandate. The action of the United States in respect to the payment of the costs must, therefore, be limited to the payment of its own costs and its share of the costs of the tribunal.

At the time The Hague tribunal was in session a conference was held between the agents and counsels of the different interested governments and an understanding was informally reached that each of the arbitrators ought to be paid the sum of $5,000 as an honorarium and an additional sum of $1,500 to cover their expenses. The United States Government stands ready to bear its own costs and its aliquot share of the costs of the tribunal, testifying by its loyal acceptance of the award and by the payment of its share of the costs, its great respect for The Hague tribunal, which must depend upon the corresponding voluntary action of the other interested governments for the performance of the award.

I have, etc.,

Stanford Newel.
[Inclosure 2.—Translation.]

Jonkheer Ruyssenaers to Mr. Newel.

Mr. Minister: Referring to the letter which your excellency kindly addressed to me under date of the 21st instant, I have the honor to notify your excellency that I place myself entirely at the disposal of the Government of the United States should it deem it of any service to remit to me through your excellency its quota of the indemnity allotted to the arbitrators and to undertake the remittance of this sum, with its acknowledgments to Messrs. Mourawieff, De Martens, and Lammasch.

For so far as I am aware, the agents and counsels of the eleven powers interested in the recent litigation agreed during their sojourn at The Hague, in regard to the question of the honorarium of these gentlemen, to propose to their governments that they fix the sum to be remitted to each of the arbitrators at 1,300 pounds sterling.

The quota of each government would therefore be—admitting that the propositions of the agents and counsels met with the approval of their governments—3,900 pounds sterling to be divided by eleven, to wit: £354 10s. 9d.

In adding that I have this day addressed a similar communication to the representatives of Germany, England, Italy, France, Spain, Belgium, the Netherlands, Sweden and Norway, Mexico, and Venezuela, I seize this occasion, Mr. Minister, to renew the assurance of, etc.

L. H. Ruyssenaers.