File No. 437.00/38.
The Acting Secretary of
State to the American
Minister.
No. 102.]
Department of State,
Washington,
June 24, 1912.
Sir: Referring to previous correspondence
[etc.] you are informed that some days ago the French Ambassador called
at the Department requesting that this Government suggest to the
Government of Cuba the desirability of arbitrating the fundamental
question as to the liability of the Cuban Government in this
respect.
For your information the Department encloses a copy of a memorandum of
the conversation which took place between the Secretary and the French
Ambassador, wherein the Secretary promised the Ambassador to advise Cuba
that it was the view of this Government that the fundamental question
should be arbitrated, and that he would inform Mr. Sanguily what the
Ambassador had said in favor of arbitrating at The Hague.
[Page 285]
You are instructed to convey the substance of the entire memorandum of
conversation to the Minister for Foreign Affairs and to report to the
Department the result of this action.
I am [etc.]
[Inclosure.—Memorandum.]
[Untitled]
My conversation with the French Ambassador about the arbitration of
the English, French and German claims against Cuba for damages
arising during the Cuban insurrection was this:
I told him that this Government’s opinion had been asked by the Cuban
Government as to whether the Cuban Government should agree to submit
these claims to arbitration. I told the Ambassador that this
Government would advise the Cuban Government to arbitrate the
fundamental question as to whether under the rules of international
law Cuba was responsible for the damages that occurred during the
revolution, under the peculiar circumstances surrounding the birth
of the Cuban Republic, and that I had intimated to Mr. Sanguily in
Habana that that was a question which should be arbitrated. I told
the Ambassador that Mr. Sanguily had said that if they were willing
to arbitrate that question they would not want to take it to The
Hague because while he himself did not share the opinion, yet it was
undoubtedly the opinion of the majority of the Cuban people that
France, Germany and Great Britain would stand a better chance in the
Hague Court than Cuba, and besides Mr. Sanguily said the expenses of
an arbitration at the Hague were so great he, Sanguily, thought it
would be better if the question were arbitrated to submit it to some
distinguished jurist or jurists who might be agreed upon.
The Ambassador replied that he believed that Cuba would stand even a
better chance at The Hague than the European powers and asked me to
say so to Mr. Sanguily. My promise to the Ambassador was that I
would advise Cuba that it was the view of this Government that the
fundamental question should be arbitrated and would state to Mr.
Sanguily what he, the Ambassador, had said in favor of arbitration
at The Hague.