Mr. Tower to Mr. Hay.
St. Petersburg, June 26, 1900.
Sir: Upon the receipt on the 20th of June of your telegram, I called upon the Count Mouravieff, imperial minister for foreign affairs, with whom I had already reached the understanding that all evidence heretofore submitted by the Government of the United States to the Russian Government in connection with the seizure by Russian armed ships of American vessels should be presented in full at the arbitration. I informed M. de Mouravieff of the instructions I had just received, which obliged me to ask for a specific provision in the protocol as to the admission of this testimony. He expressed some surprise and reminded me that he had discussed that question with me in detail, and that he had repeatedly declared that the admission of all the testimony on both sides was provided for by the clause in the protocol, which reads as follows:
The arbitrator shall take cognizance of the claims for indemnity which have been presented to the Imperial Government of Russia by the Government of the United States on behalf of the parties in interest.
But as I answered that my later instructions were direct and that I must therefore request of him an express statement as to the intention and understanding of the Imperial Government in this matter, he agreed to an interchange of notes with me which should completely remove any doubt as to the point raised by the United States, declaring at the same time that Russia is quite as anxious to submit her whole case to the arbitrator as we are, and he appointed the hour of 12 o’clock upon the following day, Thursday, the 21st of June, for the signing by himself and me of the protocol.
His sudden death, however, on the morning of the 21st instant has temporarily checked further proceedings, though the subject is one with which the Count Lamsdorff, the present gerant of the ministry for foreign affairs, is entirely familiar, and I have no doubt the few remaining details will be readily carried out by him.
I received your telegram of the 23d of June authorizing me to use my discretion in regard to making French the language of the arbitration. But as I expect to have the honor of seeing you in Washington within a short time, I will leave that question open, with your permission, until I may be able to discuss it with you personally.
I have, etc.,