Minister Beaupré to
the Secretary of State.
American Legation,
The
Hague, May 31,
1910.
No. 378.]
Sir: With reference to previous correspondence,
and particularly to the Department’s telegraphic instruction of the 14th
instant and to my cable of this afternoon, I have the honor to inclose
herewith copy and translation of a note received to-day from the
ministry for foreign affairs, advising me that the circular note to the
powers
[Page 630]
signatory to the
convention for the establishment of an international court of prize
signed at The Hague October 18, 1907, was sent out under date of the
24th instant, following my request of the 2d instant, reported in my
despatch No. 353 of the day following. A copy of the circular note with
its inclosures is appended to this communication and I am requested to
forward them to my Government. I inclose the copy of the circular note
herewith, accompanied by a translation thereof. I also transmit the
printed copies of my note of the 2d instant and of the proposed
additional protocol, which are inclosed in the circular note as sent out
to the various powers concerned.
I am, etc.,
[Inclosure
1.—Translation.]
Mr. Hannema (Secretary-General of
the Foreign Office) to Minister Beaupré.
Ministry for Foreign Affairs,
The Hague, May
30, 1910.
Mr. Minister: In referring to the note of
your excellency of the 15th of May last, No. 303, relating to the
signature of a protocol additional to the convention relative to the
international court of prize, I have the honor to hand to your
excellency herewith a copy of the circular, with two inclosures,
which I sent under date of the 24th instant, to the powers signatory
to this convention, with the exception of the United States of
America, as proposer of the modifications in question.
I avail myself of your excellency’s usual kindness to request that
your excellency will have the goodness to transmit these documents
to the Government of the United States.
In requesting your excellency to accept my thanks in anticipation, I
take this opportunity, etc.,
[Inclosure
2.—Translation.]
Circular note addressed by the Government of the Netherlands to the
Signatory Powers.
Ministry for Foreign affairs,
The Hague, May
24, 1910.
Difficulties of a constitutional nature preventing the United States
of America from ratifying, in its present form, the convention
relative to the establishment of an international court of prize
signed at The Hague on October 18, 1907, in the midst of the second
peace conference, the Government of the United States has charged
its representative at The Hague to invite the Government of the
Queen to propose, to the powers signatory to this convention, to
make certain modifications thereof, which may tend to remove the
difficulties which prevent ratification by the United States.
These modifications, which refer the procedure before the
international court of prize, are the object of an additional
protocol, of which I have the honor herewith to inclose the text. A
copy of the letter of the minister of the United States at The
Hague, dated the 2d of May last, No. 298, is also inclosed.
The additional protocol, which has already received the approval of
Germany, France, and Great Britain, and which has also the entire
approval of the Government of the Queen, will, in case of approval
by the other powers signatory to the convention relative to the
prize court, be signed at The Hague by the representatives of the
powers interested. The Government of Holland proposes the 15th of
September next for this signature. The powers which may be unable to
take part in this signature of the protocol will be permitted to
adhere thereto. In such case those powers will give notice of their
adherence to the Netherlands Government.
It is also to be noted that in accordance with the proposal of the
United States the additional protocol shall be considered as forming
an integral part of the convention relative to the prize court and
shall be ratified at the same time as the latter. The date for the
deposit of the ratifications will be decided later. The Government
of the Queen trusts that the deposit will take place during the
month of February, 1911.
[Page 631]
Kindly bring the foregoing to the attention of (the Government) (the
Governments), at the same time transmitting (it) (them) a copy of
the above-mentioned documents, requesting (it) (them) to declare, as
soon as may be, the action to be taken upon the proposals mentioned
in this note:
I beg you also to acknowledge the receipt of this note.
R. de Marees van
Swinderen.
[Inclosure
3.—Translation.]
Additional protocol to the convention relative
to the establishment of an International Court of
Prize.
Germany, the United States of America, the Argentine Republic,
Austria-Hungary, etc., powers signatory to The Hague convention
dated October 18, 1907, for the establishment of an international
court of prize, considering that for some of these powers
difficulties of a constitutional nature prevent the acceptance of
the said convention, in its present form, have deemed it expedient
to agree upon an additional protocol taking into account these
difficulties without jeopardizing any legitimate interest and have,
to that end, appointed as their plenipotentiaries, to wit:
* * * * * * *
Who, after depositing their full powers, found to be in good and due
form, have agreed upon the following:
Article 1. The powers signatory or adhering
to The Hague convention of October 18, 1907, relative to
establishment of an international court of prize, which are
prevented by difficulties of a constitutional nature from accepting
the said convention in its present form, have the right to declare
in the instrument of ratification or adherence that in prize cases,
whereof their national courts have jurisdiction, recourse to the
international court of prize can only be exercised against them in
the form of an action in damages for the injury caused by the
capture.
Art. 2. In the case of recourse to the
international court of prize, in the form of an action for damages,
article 8 of the convention is not applicable; it is not for the
court to pass upon the validity or the nullity of the capture, nor
to reverse or affirm the decision of the national tribunals.
If the capture is considered illegal, the court determines the amount
of damages to be allowed, if any, to the claimants.
Art. 3. The conditions to which recourse to
the international court of prize is subject by the convention are
applicable to the action in damages.
Art. 4. Under reserve of the provisions
hereinafter stated the rules of procedure established by the
convention for recourse to the international court of prize shall be
observed in the action in damages.
Art. 5. In derogation of article 28,
paragraph 1, of the convention, the suit for damages can only be
brought before the international court of prize by means of a
written declaration addressed to the International Bureau of the
Permanent Court of Arbitration; the case may even be brought before
the bureau by telegram.
Art. 6. In derogation of article 29 of the
convention the international bureaus shall notify directly, and if
possible by telegram, the Government of the belligerent captor of
the declaration of action brought before it.
The Government of the belligerent captor, without considering whether
the prescribed periods of time have been observed, shall, within
seven days of the receipt of the notification, transmit to the
international bureau the case, appending thereto a certified copy of
the decision, if any, rendered by the national tribunal.
Art. 7. In derogation of article 45,
paragraph 2, of the convention the court rendering its decision and
notifying it to the parties to the suit shall send directly to the
Government of the belligerent captor the record of the case
submitted to it, appending thereto a copy of the various intervening
decisions as well as a copy of the minutes of the preliminary
proceedings.
Art. 8. The present additional protocol
shall be considered as forming an integral part of and shall be
ratified at the same time as the convention.
If the declaration provided for in article 1 hereinabove is made in
the instrument of the ratification, a certified copy thereof shall
be inserted in the procès verbal of the deposit of ratifications
referred to in article 52, paragraph 3, of the convention.
Art. 9. Adherence to the convention is
subordinated to adherence to the present additional protocol.
