Mr. Newel to Mr.
Hay.
American Legation,
The
Hague, April 5,
1904.
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.,
[Inclosure 1.]
Mr. Newel to
Jonkheer
Ruyssenaers.
American Legation,
The
Hague, March 21,
1904.
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.,
[Inclosure
2.—Translation.]
Jonkheer
Ruyssenaers to Mr. Newel.
International Bureau of the Permanent Court of
Arbitration,
The
Hague, March 29,
1904.
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.
