The Acting Secretary of State to Ambassador McCormick.
Washington, January 7, 1905.
(Mr. Loomis advises Mr. McCormick that the Department of State and the American claimants did not fail to appreciate the duty of prompt action in the matter of appeals from the decisions of the Vladivostok prize court, but that serious delays and difficulties were experienced in the efforts to communicate directly with Vladivostok. The Department decided to send its communications through the American embassy at St. Petersburg, and they were then transmitted to the United States commercial agent at Vladivostok, and as soon as instructions in regard to appeals were received by the Department they were immediately communicated to all interested American claimants. The American claimants endeavored to communicate directly with the commercial agent at Vladivostok, and complained to the Department that they had been unable to get into communication with him. The Department also sought advices from the Russian foreign office through the American embassy as to the procedure, and as soon as received these advices were immediately transmitted to the interested parties. Delays and misunderstandings arose as to whether appeals must be initiated from the Vladivostok prize court or the council of admiralty. The claimants were required to execute powers of attorney in the Russian language, to have them legalized by Russian consuls in the United States, and to have them transmitted by cable by the latter. The Department was advised by several claimants that they had been informed by Russian consuls that they had no instructions and declined to transmit the powers of attorney. Not until December 23 last was the Department advised by the American embassy at St. Petersburg that the Russian foreign office had instructed their consuls to telegraph powers of attorney in all contraband cases, and the American claimants were immediately advised to that effect. In consideration of the importance of the questions involved and the [Page 744] difficulties incident to a state of war, the remote theater of operations, the differences in procedure of Russian and American courts, and the natural uncertainty of American claimants in that regard, and the prompt action taken by the Department and the American claimants, the Department earnestly hopes that all American claimants will be given an opportunity to be heard on the merits.)