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A copy of the Recital, with the suggested amendments underlined, is enclosed. With regard to the further amendment suggested in this Recital and in Article I., the Colonial Office state that it appears to Lord Ripon that the word "subject" might exclude persons bona fide domiciled and carrying on business within the British Empire but not naturalized British subjects, and he presumes that Lord Kimberley will agree with him that such persons are to some extent entitled to the protection of Great Britain, except possibly so far as the Power of which they are subjects is concerned. This position has constantly been taken up by the United States, in the case of persons domiciled though not naturalized in that country, and Lord Ripon does not conceive that it is likely to be contested by them. The words "in Behring Sea in this Recital and Article I. would exclude the case of the " Pathfinder" referred to in the note to the Finding of Facts.
A
With regard to Article III. of the counter-draft, Lord Ripon is of opinion that it is no part of the duty of Her Majesty's Government to obtain compensation for citizens of the United States, but he sees no reason why the whole of a claim should be rejected on the ground that a citizen of the United States may have been partially interested in the vessel or venture, and he suggests, therefore, that if the United States' Government cannot be induced to abandon altogether, as Sir J. Pauncefote thinks possible, the addition made by Mr. Gresham to Article III. of the draft Convention, it should be modified as shown in the enclosed copy.
The papers enclosed in the penultimate paragraph of the letter from the Colonial Office are inclosed for convenience of reference (Paper J).
A telegram (Paper K) just received from Sir J. Pauncefote, recording a conversation with Mr. Gresham with regard to the amendments, is also inclosed,
I am to request that you will take the papers transmitted herewith into your consideration, and that you will favour Lord Kimberley with your opinion as to whether the Convention, as amended, is such as can properly be concluded, and would provide for the consideration of all the claims which Her Majesty's Government are entitled to put forward in virtue of the decision of the Arbitration Tribunal and the Finding of Facts. His Lordship would also be glad to be favoured with any general observations which
you may have to offer on the case.
I have, &c. (Signed) FRANCIS BERTIE.
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draft. It may be doubtful whether the words" by British subjects" and "of British subjects" objected to by Lord Ripon would not limit the reference. The words "in Behring Sea
are also objectionable because they would exclude such cases as the "Pathfinder," referred to in the Finding of Facts and other cases.
In regard to Article III., we understand from telegram (K) that Mr. Gresham is wishing to have words in accordance with the first paragraph of the Finding of Facts substituted for those previously proposed by him, and to leave it to the Commission to say what ought to be done in regard to cases of vessls owned wholly or in part by citizens of the United States. We consider that the proposal of Mr. Gresham should bo accepted.
We have appended words which appear to us to carry out Mr. Gresham's proposal as we understand it, and which would be substituted for the last part of Article III. :- "But the said Commissioners shall determine whether any, and what, compen sation shall be awarded for the search, seizure, detention, or condemnation of any vessel, or of property on board thereof or appurtenant thereto, where such vessel was wholly or in part the actual property of a citizen of the United States."
J. R.
August 10, 1894.
R. T. R.
List of Papers.
(A.) Sir J. Pauncefote
(B.) Colonial Office
(C.) Sir J. Pauncefote
(D.)
Ditto
(E.)
Ditto
(F.) Ditto
(G.) Colonial Office
(H.) Ditto
(I.) Ditto
(No. 139) June 19, 1894
July 4,
(No. 155) July 17,
(No. 154) July 17, (No. 159) July 20, (No. 161) July 24,
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"
July 24, July 27, August 1,
""
(J.) Volume.
(K.) Sir J. Pauncefote
(No. 93. Telegraphic.) August 2,
Report.
That, in our opinion, and having regard specially to the last telegram (K) from Sir Julian Pauncefote, it is not necessary or desirable to introduce into the Recital the words uggested in the draft sent to us and underlined, beginning: "i.e., in so far as regards,” and ending "not considered by the Tribunal."
That in regard to the words" by British subjects in Behring Sea" appearing in the draft of Recital, and the words "of British subjects for injuries sustained by them in Behring Sea," we think these words ought to be omitted.
In our opinion, no claims can be put forward before the Commission which are not of the class contemplated by the Treaty, and the Award and findings of the Tribunal of Arbitration, and this is effected by the language of Sir Julian Pauncefote's original
PUBLIC RECORD OFFICE
C.O.885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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