Foreign Relations of the United States, 1902, Whaling and Sealing Claims Against Russia, On Account of Arrest and Seizure of the American Vessels “Cape Horn Pigeon,” “James Hamilton Lewis,” “C. H. White,” and “Kate and Anna,” Appendix I
EXHIBIT D D.
[Senate Document No. 59, Fifty-fifth Congress, second session.]
bering sea awards.
Message from the President of the United States transmitting a report from the Secretary of State in regard to the award of the commissioners appointed pursuant to the stipulations of the convention of February 8, 1896, between the United States and Great Britain, providing for the settlement of the claims presented by the latter against the former in virtue of the convention of February 29, 1892.
January 14, 1898.—Read, referred to the Committee on Appropriations, and ordered to be printed.
To the Congress of the United States:
I transmit herewith a report from the Secretary of State in regard to the award of the commissioners appointed pursuant to the stipulations of the convention of February 8, 1896, between the United States and Great Britain, providing for the settlement [Page 87] of the claims presented by the latter against the former in virtue of the convention of February 29, 1892.
The report of the Secretary of State presents a clear epitome of the award, and renders unnecessary any extended observations on my part, further than to say that I cordially coincide with his recommendation and that our treaty obligations demand prompt and favorable action by Congress, which I urgently hope may be taken, to the end that these long-pending questions may be finally and satisfactorily terminated.
The total amount necessary to satisfy the award of the commissioners is $473,151.26, which I recommend to be appropriated.
Washington, January 14, 1898.
The President: A convention between the United States and Great Britain was concluded in this city on February 8, 1896, providing for the settlement of claims presented by Great Britain against the United States in virtue of the convention of February 29, 1892. I transmit herewith, for greater convenience, a copy of the convention of February 8, 1896, Article I of which reads as follows:
“The high contracting parties agree that all claims on account of injuries sustained by persons in whose behalf Great Britain is entitled to claim compensation from the United States, and arising by virtue of the treaty aforesaid, the award and the findings of the said tribunal of arbitration, as also the additional claims specified in the fifth paragraph of the preamble hereto, shall be referred to two commissioners, one of whom shall be appointed by the President of the United States and the other by Her Britannic Majesty, and each of whom shall be learned in the law. Appended to this convention is a list of the claims intended to be referred.”
In virtue of this provision the President appointed the Hon. William L. Putnam, of Maine, the commissioner of the United States.
After determining where the meetings of the commission shall take place (see Article II), the convention (Article III) provides as follows:
“The said commissioners shall determine the liability of the United States, if any, in respect of each claim, and assess the amount of compensation, if any, to be paid on account thereof—so far as they shall be able to agree thereon—and their decision shall be accepted by the two Governments as final.
“They shall be authorized to hear and examine, on oath or affirmation, which each of said commissioners is hereby empowered to administer or receive, every question of fact not found by the tribunal of arbitration, and to receive all suitable authentic testimony concerning the same; and the Government of the United States shall have the right to raise the question of its liability before the commissioners in any case where it shall be proved that the vessel was wholly or in part the actual property of a citizen of the United States.
“The said commission, when sitting at San Francisco or Victoria, shall have and exercise all such powers for the procurement or enforcement of testimony as may hereafter be provided by appropriate legislation.”
It also provides in Article V that in the cases, if any, in which the commissioners shall fail to agree, they shall transmit to each Government a joint report stating in detail the points on which they differ and the grounds on which their opinions have been formed; and any such difference shall be referred for final adjustment to an umpire, “to be appointed by the two Governments jointly, or, in case of disagreement, to be nominated by the President of the Swiss Confederation.”
With this brief explanatory statement, I now transmit a copy of the report or award of the commissioners, Mr. Putnam, and Mr. George E. King, the commissioner appointed by Her Britannic Majesty. It is dated December 17, 1897.
[Page 88]I have made an extract from the award, which will show at a glance the name of the vessel, the principal, interest, and total sum awarded, and the same thing with reference to the personal claims. It reads as follows:
| Principal. | Interest. | Total. | |
| Name of vessel: | |||
| Carolina | $13,341.72 | $9,020.71 | $22,362.43 |
| Thornton | 13,521.10 | 9,142.53 | 22,663.63 |
| Onward | 9,376.00 | 6,339.74 | 15,715.74 |
| Favourite | 3,202.00 | 2,165.08 | 5,367.08 |
| W. P. Sayward | 12,537.50 | 7,725.22 | 20,262.72 |
| Anna Beck | 21,692.50 | 13,366.19 | 35,058.69 |
| Alfred Adams | 10,124.00 | 6,238.07 | 16,362.07 |
| Grace | 26,213.50 | 16,125.67 | 42,339.17 |
| Dolphin | 31,484.00 | 19,399.38 | 50,883.38 |
| Ada | 20,902.69 | 12,880.01 | 33,782.70 |
| Triumph | 1,750.00 | 1,078.29 | 2,828.29 |
| Juanita | 11,493.00 | 5,702.44 | 17,195.44 |
| Pathfinder | 13,796.00 | 6,845.12 | 20,641.12 |
| Triumph | 15,450.00 | 7,665.77 | 23,115.77 |
| Black Diamond | 15,173.00 | 7,528.32 | 22,701.32 |
| Lily | 11,739.00 | 5,832.48 | 17,571.48 |
| Ariel | 4,950.00 | 2,456.03 | 7,406.03 |
| Kate | 3,050.00 | 1,513.31 | 4,563.31 |
| Minnie | 8,460.00 | 4,197.57 | 12,657.57 |
| Pathfinder | 800.00 | 370.67 | 1,170.67 |
| Winnifred | 3,283.05 | 1,061.52 | 4,344.57 |
| Henrietta | 9,599.85 | 2,421.19 | 12,021.04 |
| Oscar and Hattie | 2,250.00 | 715.05 | 2,965.05 |
| 264,188.91 | 149,790.36 | 413,979.27 | |
| Personal claims: | |||
| Daniel Munroe | 3,000.00 | 2,028.50 | 5,028.50 |
| John Margotich | 2,500.00 | 1,690.42 | 4,190.42 |
| Hans Guttormsen. | 3,000.00 | 2,028.50 | 5,028.50 |
| Harry Norman | 2,500.00 | 1,690.42 | 4,190.42 |
| James Ogilvie | 3,000.00 | 2,028.50 | 5,028.50 |
| James Blake | 2,500.00 | 1,690.42 | 4,190.42 |
| James D. Warren | 2,000.00 | 1,232.33 | 3,232.33 |
| John Reilly | 1,500.00 | 924.25 | 2,424.25 |
| George P. Fesey | 2,000.00 | 1,232.33 | 3,232.33 |
| A. B. Laing. | 1,500.00 | 924.25 | 2,424.25 |
| Louis Olsen | 2,000.00 | 1,232.33 | 3,232.33 |
| Michael Keefe | 1,500.00 | 924.25 | 2,424.25 |
| W. Petit | 2,000.00 | 1,232.33 | 3,232.33 |
| C. A. Lundberg | 1,000.00 | 616.17 | 1,616.17 |
| Total | 294,188.91 | 169,265.36 | 463,454.27 |
It will be perceived that the commissioners say in their report, under the head of personal claims:
“Her Majesty also presented for our consideration the following claims, that is to say: In behalf of the Black Diamond, warned by the collector at Unalaska, on July 1, 1886, and also on behalf of James Gaudin, master of the Ada, as to each of which we determine and award that we have no jurisdiction, and we dismiss the same.”
Subsequently the commissioners recommend in regard to these two claims as follows:
“Respecting the claims mentioned in the award of the commissioners as having been presented on behalf of Great Britain and dismissed as not being within our jurisdiction, namely, the claims of the Black Diamond, arising in the year 1886, and the personal claim of James Gaudin, the commissioners, in pursuance of the communication to them from the Secretary of State for the United States and Her Britannic Majesty’s ambassador at Washington, dated at Washington, January 26, 1897, and appearing in the protocol of February 2, 1897, beg to report as follows:
“We find that damages were sustained by the owners, master, officers, and crew of the Black Diamond in connection with the notice given by the collector of customs at Unalaska on July 1, 1886, to the amount of $5,000, with interest at the rate of 6 per cent per annum from September 10, A. D. 1887.
“And as to the personal claims of James Gaudin, master of the Ada in 1887, we report that the amount of damages sustained by him was $1,000, with interest at the rate of 6 per cent per annum from September 10, 1887.”
A copy of the communication of the then Secretary of State and the British ambassador, referred to by the commissioners, is appended hereto.
[Page 89]I am of opinion that the amount of damages assessed by the commissioners respecting the last-named claims should be included in the sum appropriated by Congress to satisfy the award under the convention of February 8, 1896. This Government would then be enabled to reach an agreement with that of Great Britain for the final discharge of the claims in question.
The amount to satisfy the claims of the Black Diamond is as follows: $8,080.83 being the principal, $5,000 and interest, $3,080.83, at 6 per cent per annum from September 10, 1887, to December 17, 1897. The amount to liquidate the personal claim of James Gaudin, master of the Ada, is as follows: $1,616.16 being principal, $1,000, and interest, $616.16, at the rate of 6 per cent per annum from September 10, 1887, to December 17, 1897.
Including these claims, the total sum necessary to be appropriated to satisfy the award would be $473,151.26.
Should you coincide with my views, I respectfully recommend that this report and a copy of the award of the commissioners be promptly laid before Congress, with an urgent request for early and favorable consideration.
Upon this subject Article VIII of the convention of 1896 says:
“The amount awarded to Great Britain under this convention on account of any claimant shall be paid by the Government of the United States to the Government of Her Britannic Majesty within six months after the amount thereof shall have been finally ascertained.”
Respectfully submitted.
Convention between the United States and Great Britain for the settlement of claims presented by Great Britain against the United States in virtue of the convention of February 29, 1892.
[Concluded February 8, 1896; ratification advised by the Senate, with amendments, April 15, 1896; ratified by the President, April 23, 1896; ratified by Her Britannic Majesty, May 14, 1896; ratifications exchanged, June 3, 1896; proclaimed, June 11, 1896.]
By the President of the United States of America.
A PROCLAMATION.
Whereas a convention between the Governments of the United States of America and Great Britain providing for the settlement of claims presented by Great Britain against the United States in virtue of the convention of February 29, 1892, between the same high contracting parties was concluded and signed by their respective plenipotentiaries at the city of Washington on the 8th day of February, 1896, which convention, being in the English language, and as amended by the Senate of the United States, is word for word as follows:
Whereas by a treaty between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, signed at Washington on February 29, 1892, the questions which had arisen between their respective Governments concerning the jurisdictional rights of the United States in the waters of Bering Sea, and concerning also the preservation of the fur seal in, or habitually resorting to, the said sea, and the rights of the citizens and subjects of either country as regards the taking of fur seal in, or habitually resorting to, the said waters, were submitted to a tribunal of arbitration as therein constituted;
And whereas the high contracting parties, having found themselves unable to agree upon a reference which should include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it, did, by Article VIII of the said treaty, agree that either party might submit to the arbitrators any questions of fact involved in said claims, and ask for a finding thereon, the question of the liability of either Government on the facts found to be the subject of further negotiation;
And whereas the agent of Great Britain did, in accordance with the provisions of said Article VIII, submit to the tribunal of arbitration certain findings of fact which were agreed to as proved by the agent of the United States, and the arbitrators did unanimously find the facts so set forth to be true, as appears by the award of the tribunal rendered on the 15th day of August, 1893;
And whereas in view of the said findings of fact and of the decision of the tribunal of arbitration concerning the jurisdictional rights of the United States in Bering Sea, and the right of protection of property of the United States in the fur seals frequenting the islands of the United States in Bering Sea, the Government of the United States is desirous that in so far as its liability is not already fixed and determined by [Page 90] the findings of fact and the decision of said tribunal of arbitration the question of such liability should be definitely and fully settled and determined, and compensation made, for any injuries for which, in the contemplation of the treaty aforesaid, and the award and findings of the tribunal of arbitration compensation may be due to Great Britain from the United States;
And whereas it is claimed by Great Britain, though not admitted by the United States, that prior to the said award certain other claims against the United States accrued in favor of Great Britain on account of seizures of or interference with the following-named British sealing vessels, to wit: The Wanderer, the Winifred, the Henrietta, and the Oscar and Hattie, and it is for the mutual interest and convenience of both the high contracting parties that the liability of the United States, if any, and the amount of compensation to be paid, if any, in respect of such claims and each of them should also be determined under the provisions of this convention—all claims by Great Britain under Article V of the modus vivendi of April 18, 1892, for the abstention from fishing of British sealers during the pendency of said arbitration having been definitely waived before the tribunal of arbitration:
The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, to the end of concluding a convention for that purpose, have appointed as their respective plenipotentiaries:
The President of the United States, the Honorable Richard Olney, Secretary of State, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Sir Julian Pauncefote, G. C. B., G. C. M. G., Her Majesty’s ambassador extraordinary and plenipotentiary to the United States;
Who, after having communicated to each other their respective full powers, which were found in due and proper form, have agreed to and concluded the following articles:
Article I.
The high contracting parties agree that all claims on account of injuries sustained by persons in whose behalf Great Britain is entitled to claim compensation from the United States and arising by virtue of the treaty aforesaid, the award and the findings of the said tribunal of arbitration, as also the additional claims specified in the fifth paragraph of the preamble hereto, shall be referred to two commissioners, one of whom shall be appointed by the President of the United States and the other by Her Britannic Majesty, and each of whom shall be learned in the law. Appended to this convention is a list of the claims intended to be referred.
Article II.
The two commissioners shall meet at Victoria, in the Province of British Columbia, Canada, as soon as practicable after the exchange of the ratifications of this convention, and, after taking an oath that they will fairly and impartially investigate the claims referred to them and render a just decision thereon, they shall proceed jointly to the discharge of their duties.
The commission shall also sit at San Francisco, California, as well as Victoria, provided either commissioner shall so request if lie shall be of opinion that the interests of justice shall so require, for reasons to be recorded on the minutes.
Article III.
The said commissioners shall determine the liability of the United States, if any, in respect of each claim and assess the amount of compensation, if any, to be paid on account thereof—so far as they shall be able to agree thereon—and their decision shall be accepted by the two Governments as final.
They shall be authorized to hear and examine, on oath or affirmation, which each of said commissioners is hereby empowered to administer or receive, every question of fact not found by the tribunal of arbitration, and to receive all suitable authentic testimony concerning the same; and the Government of the United States shall have the right to raise the questions of its liability before the commissioners in any case where it shall be proved that the vessel was wholly or in part the actual property of a citizen of the United States.
The said commission, when sitting at San Francisco or Victoria, shall have and exercise all such powers for the procurement or enforcement of testimony as may hereafter be provided by appropriate legislation.
Article IV.
The commissioners may appoint a secretary and a clerk, or clerks, to assist them in the transaction of the business of the commission.
[Page 91]Article V.
In the cases, if any, in which the commissioners shall fail to agree, they shall transmit to each Government a joint report stating in detail the points on which they differ and the grounds on which their opinions have been formed; and any such difference shall be referred for final adjustment to an umpire to be appointed by the two Governments jointly, or, in case of disagreement, to be nominated by the President of the Swiss Confederation at the request of the two Governments.
Article VI.
In case of the death, or incapacity to serve, from sickness or any other cause, of either of the two commissioners, or of the umpire, if any, his place shall be filled in the manner herein provided for the original appointment.
Article VII.
Each Government shall provide for the remuneration of the commissioner appointed by it.
The remuneration of the umpire, if one should be appointed, and all contingent and incidental expenses of the commission, or of the umpire, shall be defrayed by the two Governments in equal moieties.
Article VIII.
The amount awarded to Great Britain under this convention on account of any claimant shall be paid by the Government of the United States to the Government of Her Britannic Majesty within six months after the amount thereof shall have been finally ascertained.
Article IX.
The present convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty, and the ratifications shall be exchanged either at Washington or at London within six months from the date hereof, or earlier if possible.
In faith whereof we, the respective plenipotentiaries, have signed this convention and have hereunto affixed our seals.
APPENDIX OF CLAIMS.
Claims submitted to the tribunal of arbitration at Paris.
| Name of vessel. | Date of seizure. | Approximate distance from land when seized. | United States vessel making seizure. |
| Carolina | Aug. 1, 1886 | 75 miles | Corwin. |
| Thornton | do | 70 miles | Do. |
| Onward | Aug. 2, 1886 | 115 miles | Do. |
| Favorite. | Do | Warned by Corwin in about same position as Onward. | |
| Anna Beck | July 2, 1887 | 66 miles | Rush. |
| W. P. Sayward | July 9, 1887 | 59 miles | Do. |
| Dolphin | July 12, 1887 | 40 miles | Do. |
| Grace | July 17, 1887 | 96 miles | Do. |
| Alfred Adams | Aug. 10, 1887 | 62 miles | Do. |
| Ada | Aug. 25, 1887 | 15 miles | Bear. |
| Triumph | Aug. 4, 1887 | Warned by Rush not to enter Bering Sea | |
| Juanita | July 31, 1889 | 66 miles | Rush. |
| Pathfinder | July 29, 1889 | 50 miles | Do. |
| Triumph | July 11, 1889 | Ordered out of Bering Sea by Rush, Query as to position when warned | |
| Black Diamond | do | 35 miles | Do. |
| Lily | Aug. 6, 1889 | 66 miles | Do. |
| Ariel | July 30, 1889 | Ordered out of Bering Sea by Rush | |
| Kate | Aug. 13, 1889 | do | Do. |
| Minnie | July 15, 1889 | 65 miles | Do. |
| Pathfinder | Mar. 27, 1890 | Seized in Neah Bay | Corwin |
| Personal claims | 1886 |
| Personal claims | 1887 |
| Costs in “Sayward” case. | |
| Additional claims: | |
| Wanderer | 1887–89 |
| Winifred | 1891 |
| Henrietta | 1892 |
| Oscar and Hattie | 1892 |
And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of London on the 3d day of June, 1896;
Now, therefore, be it known that I, Grover Cleveland, President of the United States of America, have caused the said convention to be made public, as amended, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
[seal.]
By the President:
Richard
Olney, Secretary of State.
Mr. Olney and Sir Julian Pauncefote to Bering Sea Claims Commission.
Gentlemen: In view of the fact that the “added” claims of the Black Diamond and of Capt. James Gaudin, master of the Ada, now pending before you, subject to a motion to dismiss on behalf of the counsel for the United States, were clearly intended to be submitted to and decided by the commissioners; in view of the further fact that if the motion of the counsel for the United States prevails the claims in question must be settled by diplomatic negotiations or by another commission or arbitral tribunal, so that it is for the interests of both Governments that the merits of said claims should now be investigated, and as far as practicable determined, the undersigned, on behalf of their respective Governments, respectfully request that the commission, leaving the pending motion undecided, will see fit to investigate and pass upon these claims as if the same were legitimately before them, with the exception, of course, that their conclusions are not to be regarded as binding awards, but that the facts involved are to be reported to the two Governments for their information and for such action as they may deem appropriate.
Fully appreciating that the request herein preferred can not be made as a matter of right, but is to be regarded solely as a suggestion for such voluntary action by the commissioners as in view of the circumstances the interests of all parties seem to require,
We have the honor to remain, gentlemen, your most obedient servants,
- Richard Olney,
Secretary of State of the United States. - Julian Pauncefote,
Her Britannic Majesty’s Ambassador.
Bering Sea Claims Award.
Whereas by a convention between the United States of America and Great Britain, signed at Washington on February 8, 1896, it was, among other matters, agreed and concluded that “all claims on account of injuries sustained by persons in whose behalf Great Britain is entitled to claim compensation from the United States, and arising by virtue of” a certain treaty between the United States and Great Britain, signed at Washington on February 29, 1892, the award and the findings of the tribunal of arbitration constituted thereunder as also certain additional claims specified in the preamble of the convention first above mentioned, should be referred to two commissioners, one of whom should be appointed by the President of the United States and the other by Her Britannic Majesty, and each of whom should be learned in the law, and it was further agreed and concluded in the convention first herein named that said commissioners should determine the liability of the United States, if any, in respect of each claim, and assess the amount of compensation, if any, to be paid on account thereof;
And whereas the President of the United States of America appointed the Hon. William L. Putnam, a judge of the circuit court of the United States for the first circuit, one of said commissioners, and Her Britannic Majesty appointed the Hon. [Page 93] George Edwin King, a justice of the supreme court of Canada, the other of said commissioners; and we, the said commissioners, having met at Victoria, in the Province of British Columbia, Canada, on the 23d day of November, A. D. 1896, and our respective powers having been found to be duly authenticated, and each of us having duly taken the oath prescribed by the convention, proceeded jointly to the discharge of our duties thereunder; and having heard and examined on oath or affirmation every question of fact not found by the tribunal of arbitration under the treaty between the United States of America and Her Britannic Majesty, signed at Washington on the 29th of February, 1892, and having received all suitable authentic testimony concerning the same, and being attended by counsel on behalf of the United States and by counsel on behalf of Great Britain, who were duly heard before us, and having impartially and carefully examined the question submitted to us.
Now, therefore, we, the said commissioners, do hereby determine, adjudge, and award as follows:
The rate of interest awarded by us is 6 per cent per annum, being the statutory rate at Victoria, British Columbia, during the period covered, but being less than the current rate thereat.
As to the claim in respect of the vessel Carolina, it is determined that the United States are liable to Great Britain, in respect thereof, and we assess the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows: $13,341.72, with interest from September 10, 1886, until this day, amounting to $9,020.71, and making a total of principal and interest of $22,362.43.
As to the claim in respect of the vessel Thornton, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel as follows, that is to say: $13,521.10, with interest from September 10, 1886, until this day, amounting to $9,142.53, and making a total of principal and interest of $22,663.63.
As to the claim in respect of the vessel Onward, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel (exclusive of the net interest of Alexander McLean, who, at the time of the convention, was a citizen of the United States and domiciled therein, and has so remained), as follows, that is to say: $9,376, with interest from September 10, 1886, until this day, amounting to $6,339.74, and making a total of principal and interest of the sum of $15,715.74.
As to the claim in respect of the vessel Favourite, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel (exclusive of the net interest of said Alexander McLean), as follows, that is to say: $3,202, with interest from September 10, 1886, until this day, amounting to $2,165.08, and making a total of principal and interest of the sum of $5,367.08.
As to the claim in repect of the vessel W. P. Sayward, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $12,537.50, with interest from September 10, 1887, until this day, amounting to $7,725.22, and making a total, principal and interest, of the sum of $20,262.72.
As to the claim in respect of the vessel Anna Beck, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $21,692.50, With interest from September 10, 1887, until this day, amounting to $13,366.19, making a total of principal and interest of the sum of $35,058.69.
As to the claim in respect of the vessel Alfred Adams, it is adjudged and determined that the United States of America are liable to Great Britain in respect thoreof, and we assess and award the amount of compensation to be paid on account thereof, to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, exclusive of the net interest of Alexander Frank, who, at the time of the convention, was a citizen of the United States and domiciled therein, and has so remained, as follows, that is to say: $10,124, with interest from September 10, 1887, until this day, [Page 94] amounting to $6,238.07, and making a total of principal and interest of the sum of $16,362.07.
As to the claim in respect of the vessel Grace, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $26,213.50, with interest from September 10, 1887, until this day, amounting to $16,125.67, and making a total of principal and interest of $42,339.17.
As to the claim in respect of the vessel Dolphin, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $31,484, with interest from September 10, 1887, until this day, amounting to the sum of $19,399.38, and making a total of principal and interest of the sum of $50,883.38.
As to the claim in respect of the vessel Ada, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $20,902.69, with interest from September 10, 1887, until this day, amounting to $12,880.01, and making a total of principal and interest of the sum of $33,782.70.
As to the claim in respect of the vessel Triumph, warned or seized August 4, 1887, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $1,750, with interest from September 10, 1887, until this day, amounting to $1,078.29, and making a total of principal and interest of the sum of $2,828.29.
As to the claim in respect of the vessel Juanita, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $11,493, with interest from September 10, 1889, until this day, amounting to $5,702.44, making a total of principal and interest of the sum of $17,195.44.
As to the claim in respect of the vessel Pathfinder, seized or warned July 29, 1889, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $13,796, with interest from September 10, 1889, until this day, amounting to $6,845.12, and making a total of principal and interest of the sum of $20,641.12.
As to the claim in respect of the vessel Triumph, seized or warned July 11, 1889, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $15,450, with interest from September 10, 1889, until this day, amounting to $7,665.77, and making a total of principal and interest of the sum of $23,115.77.
As to the claim in respect of the vessel Black Diamond, seized or warned July 11, 1889, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $15,173, with interest from September 10, 1889, until this day, amounting to $7,528.32, and making a total of principal and interest of the sum of $22,701.32.
As to the claim in respect of the vessel Lily, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $11,739, with interest from September 10, 1889, until this day, amounting to $5,832.48, and making a total of principal and interest of the sum of $17,571.48.
As to the claim in respect of the vessel Ariel, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $4,950, with interest from September 10, 1889, until this day, amounting to $2,456.03, and making a total of principal and interest of the sum of $7,406.03.
[Page 95]As to the claim in respect of the vessed Kate, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $3,050, with interest from September 10, 1889, until this day, amounting to $1,513.31, and making a total of principal and interest of the sum of $4,563.31.
As to the claim in respect of the vessel Minnie, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $8,460, with interest from September 10, 1889, until this day, amounting to $4,197.57, and making a total of principal and interest of the sum of $12,657.57.
As to the claim in respect of the vessel Pathfinder, seized March 27, 1890, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $800, with interest from March 27, 1890, until this day, amounting to $370.67, and making a total of principal and interest of the sum of $1,170.67.
As to the claim in respest of the vessel Wanderer, it is adjudged and determined that there is no liability on the part of the United States of America in respect of such claim.
As to the claim in respect of the vessel Winnifred, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners thereof, as follows, that is to say: $3,283.05, with interest from July 27, 1892, until this day, amounting to $1,061.52, and making a total of principal and interest of the sum of $4,344.57.
As to the claim in respect of the vessel Henrietta, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners, master, officers, and crew of the vessel, as follows, that is to say: $9,599.85, with interest on $2,437 from September 2, 1892, until this day, and upon the balance from February 17, 1894, until this day, making the entire interest $2,421.19, making a total of principal and interest of the sum of $12,021.04.
As to the claim in respect of the vessel Oscar and Hattie, it is adjudged and determined that the United States of America are liable to Great Britain in respect thereof, and we assess and award the amount of compensation to be paid on account thereof to Great Britain, on behalf of the owners thereof, as follows, that is to say: $2,250, with interest from August 30, 1892, until this day, amounting to $715.05, and making a total of principal and interest of the sum of $2,965.05.
As to the personal claims we adjudge and determine that the United States of America are liable on account of the following persons, and assess and award the amount of compensation to be paid to Great Britain on account of each of them, as follows:
Daniel Monroe, master of the Onward, the principal sum of $3,000, with interest from September 10, 1886, to this day, making a total amount of $5,028.50.
John Margotich, mate of the Onward, the principal sum of $2,500, with interest from September 10, 1886, to this day, making a total amount of $4,190.42.
Hans Guttormsen, master of the Thornton, the principal sum of $3,000, with interest from September 10, 1886, to this day, making a total amount of $5,028.50.
Harry Norman, mate of the Thornton, the principal sum of $2,500, with interest from September 10, 1886, to this day, making a total amount of $4,190.42.
James Ogilvie, master of the Carolina, the principal sum of $3,000, with interest from September 10, 1886, to this day, making a total amount of $5,028.50.
James Blake, mate of the Carolina, the principal sum of $2,500, with interest from September 10, 1886, to this day, making a total amount of $4,190.42.
James D. Warren, master of the Dolphin, the principal sum of $2,000, with interest from September 10, 1887, to this day, making a total amount of $3,232.33.
John Reilly, mate of the Dolphin, the principal sum of $1,500, with interest from September 10, 1887, to this day, making a total amount of $2,424.25.
George P. Fesey, master of the W. P. Sayward, the principal sum of $2,000, with interest from September 10, 1887, to this day, making a total amount of $3,232.33.
A. B. Laing, mate of the W. P. Sayward, the principal sum of $1,500, with interest from September 10, 1887, to this day, making a total amount of $2,424.25.
[Page 96]Louis Olsen, master of the Anna Beck, the principal sum of $2,000, with interest from September 10, 1887, making a total amount of $3,232.33.
Michael Keefe, mate of the Anna Beck, the principal sum of $1,500, with interest from September 10, 1887, to this day, making a total amount of $2,424.25.
W. Petit, master of the Grace, the principal sum of $2,000, with interest from September 10, 1887, to this day, making a total amount of $3,232.33.
C. A. Lundberg, mate of the Ada, the principal sum of $1,000, with interest from September 10, 1887, to this day, making a total amount of $1,616.17.
As to “costs in Sayward case,” it is adjudged and determined that there is no liability on the part of the United States of America in respect of such claim.
Her Majesty also presented for our consideration the following claims, that is to say, in behalf of the Black Diamond, warned by the collector at Unalaska on July 1, 1886, and also in behalf of James Gaudin, master of the Ada, as to each of which we determine and award that we have no jurisdiction, and we dismiss the same.
- William L. Putnam,
Commissioner Appointed by the President of the United States. - George E. King,
Commissioner Appointed by Her Britannic Majesty.
Respecting the claims mentioned in the award of the commissioners as having been presented on behalf of Great Britain and dismissed as not being within our jurisdiction, namely, the claims of the Black Diamond, arising in the year 1886, and the personal claim of James Gaudin, the commissioners, in pursuance of the communication to them from the Secretary of State for the United States and Her Britannic Majesty’s ambassador at Washington, dated at Washington, January 26, 1897, and appearing in the protocol of February 2, 1897, beg to report as follows:
We find that damages were sustained by the owners, master, officers, and crew of the Black Diamond, in connection with the notice given by the collector of customs at Unalaska on July 1, 1886, to the amount of $5,000, with interest at the rate of 6 per cent per annum from September 10, A. D. 1887.
And as to the personal claims of James Gaudin, master of the Ada, in 1887, we report that the amount of damage sustained by him was $1,000, with interest at the rate of 6 per cent per annum from September 10, 1887.
- William L.
Putnam,
Commissioner Appointed by the President of the United States. - George E. King,
Commissioner Appointed by Her Britannic Majesty.