Mr. Blaine to Mr.
Anderson.
Department
of State,
Washington, June 6,
1889.
No. 130.]Sir: I have to inform you that the ratifications of
the treaty for the settlement of the claim of Carlos Butterfield were
exchanged in this city on the 23d ultimo, and that it was duly proclaimed by
the President on the following day.
The next step to be taken is the extension to Sir Edmund Monson, the
arbitrator named in the treaty, of a formal invitation to accept the power
therein conferred upon him.
It is thought that the best way of extending such invitation will be for the
Government of the United States and the Government of Denmark, respectively,
to instruct their diplomatic representatives at Athens, where Sir Edmund
Monson holds the position of diplomatic representative of Her Britannic
Majesty, to write to him jointly, informing him of the mutual desire of
their Governments that he should discharge the task of arbitrator. For such
a course there are precedents, of which an example is that of the invitation
extended on behalf of the Governments the United States and Spain to Baron
Blanc to accept the position of arbitrator in the cases of the Masonic. (See Foreign
Relations, 1885, p. 693.) Such a course secures absolute
uniformity of language in the invitation and avoids the raising of any
question as to the effect or intention of variant phraseologies.
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With this view I inclose herewith a draft of a note to be written to Sir
Edmund Monson by the diplomatic representatives of the United States and
Denmark at Athens, requesting his acceptance of the post of arbitrator.
At the same time a copy of this draft note will be sent to our diplomatic
representative at Athens, with instructions to hold it until the
representative of his majesty the King of Denmark at that place shall have
been directed to join in its signature.
While it is not anticipated that any objection will be raised by the Danish
Government to the extension of the invitation by a joint note, yet, in order
to avoid delay in case such objection should be raised, I inclose herewith a
draft of an identic note, which may, in that case, be written to Sir Edmund
Monson by the diplomatic representatives of the United States and Denmark at
Athens, respectively.
I inclose herewith printed copies of the treaty in question.
You are instructed to bring this matter to the attention of the Danish
Government as early as possible.
I am, etc.,
[Inclosure 1 in No. 130.]
Joint note to be written by the diplomatic
representatives of the United States and Denmark at Athens to Sir
Edmund Monson, British minister there.
Excellency: The Government of the United States
of America and the Government of his majesty the King of Denmark have,
by a treaty concluded on the 6th day of December, 1888, of which the
ratifications have been duly exchanged, agreed to submit to the decision
of an arbitrator the claim of Carlos Butterfield and Company, of which
Carlos Butterfield, now deceased, was the surviving partner, presented
by the Government of the United States against the Government of Denmark
for an indemnity for the seizure and detention of the two vessels, the
steamer Ben Franklin and the barque Catherine Augusta, by the authorities of the
island of St. Thomas of the Danish West India Islands, in the years 1854
and 1855; for the refusal of the ordinary right to land cargo for the
purpose of making repairs; for the injuries resulting from a shot fired
into one of the vessels, and for Other wrongs. A copy of the treaty is
hereto annexed.
Both Governments having entire confidence in the learning, ability, and
impartiality of your excellency, they have had great satisfaction in
agreeing upon you as the proper person to whom to submit for decision
the questions involved in the claim referred to.
In performing the grateful duty of inviting your excellency to accept the
power conferred upon you by the treaty, we have the honor to express the
hope that we may have the pleasure, as soon as it may suit your
convenience to communicate to us your wishes, of sending a notice to our
respective Governments that you have accepted the task now jointly
tendered by us in their behalf.
[Inclosure 2 in No. 130.]
Note to be written by the diplomatic representative
of the United States at Athens to Sir Edmund Monson in case a joint
note is not signed.
Sir: The Government of the United States of
America and the Government of his majesty the King of Denmark have, by a
treaty concluded on the 6th day of December, 1888, of which the
ratifications have been duly exchanged, agreed to submit to the decision
of an arbitrator the claim of Carlos Butterfield and Company, of which
Carlos Butterfield, now deceased, was the surviving partner, presented
by the Government of the United States against the Government of
Denmark, for an indemnity for the seizure and detention of the two
vessels, the steamer Ben Franklin and the barque
Catherine Augusta, by the authorities of the
island of St. Thomas, of the Danish West
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India Islands, in the years 1854 and 1855; for the
refusal of the ordinary right to land cargo for the purpose of making
repairs; for the injuries resulting from a shot fired into one of the
vessels, and for other wrongs. A copy of the treaty is hereto
annexed.
Both Governments having, as stated in the treaty, entire confidence in
the learning, ability, and impartiality of your excellency, I have the
honor to express the great satisfaction of my Government in agreeing
upon you as the proper person to whom to submit for decision the
questions involved in the claim referred to.
In performing the grateful duty of inviting your excellency, in behalf of
my Government, to accept the power conferred upon you by the treaty, I
have the honor to express the hope that I may have the pleasure, as soon
as it may suit your convenience to communicate to me your wishes, of
sending a notice to my Government that you have accepted the task now
tendered by me in its behalf.
