Mr. McCormick to Mr. Hay.

No. 181.]

Sir: In accordance with the Department’s instruction of August 30, I made known to His Excellency Count Lamsdorff, Russian minister for foreign affairs, the contents thereof, transmitting them in writing and personally laying them before him, at the same time, in accordance with the instruction, advising him that the United States Government could not admit in principle nor recognize as a policy the principle of the decision of the Vladivostok prize court, and requesting the release of the American cargoes destined to Japanese ports and addressed to the various commercial houses in said ports.

In reply, Count Lamsdorff said that these matters were now in the hands of the admiralty court and not in his; that Professor Martens was considering the principle involved in the seizure and decision of the prize court at Vladivostok, and the final decision on appeal to the admiralty court in St. Petersburg would probably not be reached, even in the first case to come before the court, before the end of September, owing to the delay in obtaining the necessary documents, with the evidence which will have to be considered in each case.

[Page 765]

Count Lamsdorff declined to express any opinion, considering all questions at issue as being before the court, and therefore, from his standpoint, beyond the realm of discussion.

I have, etc.,

Robert S. McCormick.