Convention for the accomplishment of this end by means of arbitration, have appointed as their respective plenipotentiaries: The President of the United States of America, The Honorable John Hay, Secretary of State of the United States; His Majesty the German Emperor, King of Prussia, His Minister in Extraordinary Mission, Dr. Jur. Mumm von Schwarzenstein, Privy Councilor of Legation; and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Mr Reginald Tower, Her Britannic Majesty's Chargé d'Affaires ad interim; Who, after having communicated to each other their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles: ARTICLE I. All claims put forward by American citizens or Germans or British subjects respectively, whether individuals or companies, for compensation on account of losses which they allege that they have suffered in consequence of unwarranted military action, if this be shown to have occurred, on the part of American, German or British officers between the first of January last and the arrival of the Joint Commission in Samoa shall be decided by arbitration in conformity with the principles of International Law or considerations of equity. ARTICLE II. The three Governments shall request His Majesty the King of Sweden and Norway to accept the office of Arbitrator. It shall also be decided by this arbitration whether, and eventually to whatextent, either of the three Governments is bound, alone or jointly with the others, to make good these losses. ARTICLE III. Either of the three Governments may, with the consent of the others, previously obtained in every case, submit to the King for arbitration, similar claims of persons not being natives, who are under the protection of that Government, allseitig zufriedenstellend zu erledigen, und entschlossen, ein Abkommen behufs schiedsgerichtlicher Regelung dieser Fragen Abzuschliessen, haben zu Ihren Bevollmächtigten ernannt: Der Präsident der Vereinigten Staaten von Amerika den Staatssekretär der Vereinigten Staaten, The Honorable John Hay; Seine Majestät der Deutsche Kaiser, König von Preussen, Allerhöchstihren Gesandten in ausserordentlicher Mission, den Geheimen Legationsrath Dr. jur. Mumm von Schwarzenstein; Ihre Majestät die Königin des Vereinigten Königreichs von Grossbritannien und Irland Allerhöchstihren Geschäftsträger ad interim, Mr. Reginald Tower; welche nach gegenseitiger Mittheilung ihrer in guter und gehöriger Form befundenen Vollmachten, folgende Bestimmungen vereinbart und ausgemacht haben: ARTIKEL I. Alle Ansprüche, welche von Amerikanischen Bürgern, von Deutschen oder von Britischen Unterthanen und zwar sowohl von Einzelpersonen wie auch von Gesellschaften, wegen Ersatzes von Schäden geltend gemacht werden, welche sie in Folge der ungerechtfertigten militärischen Aktion amerikanischer, deutscher oder englischer Offiziere, sofern eine solche nachgewiesen wird, in dem Zeitabschnitt vom 1. Januar d. J. bis zu dem Tage erlitten zu haben vorgeben, am welchem die Ankunft der Kommission auf Samoa erfolgt ist, sollen durch einen nach Grundsätzen des Rechts oder nach Erwägungen der Billigkeit zu fällenden Schiedsspruch erledigt werden. ARTIKEL II. Seine Majestät der König von Schweden und Norwegen wird seitens der drei Regierungen ersucht werden, das Amt des Schiedsrichters anzunehmen. Durch diesen Schiedsspruch soll ferner entschieden werden, ob die eine oder die andere der drei Regierungen, allein oder in Verbindung mit einer der anderen Regierungen, oder in Verbindung mit beiden anderen Regierungen diese Schäden zu ersetzen hat und eventuel in welchem Umfange. ARTIKEL III. Jeder der drei Regierungen soll es, nachdem sie in jedem Falle die vorhergehende Zustimmung der anderen Regierungen erlangt hat, gestattet sein, dem Schiedsspruche des Königs auch ähnliche Ansprüche von solchen nicht eingebo and who are not included in the above mentioned categories. ARTICLE IV. 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 His Majesty the German Emperor, King of Prussia; and by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland; and the ratifications shall be exchanged at Washington four 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. Done in triplicate at Washington the seventh day of November, one thousand eight hundred and ninety-nine. renen Personen zu unterbreiten, welche unter dem Schutze der betreffenden Macht stehen und nicht den oben erwähnten Kategorien angehören. ARTIKEL IV. Das gegenwärtige Abkommen soll von dem Präsidenten der Vereinigten Staaten von Amerika unter Zuziehung und mit Zustimmung des Senates der Vereinigten Staaten, von Seiner Majestät dem Deutschen Kaiser, König von Preussen und von Ihrer Majestät der Königin des Vereinigten Königreichs von Grossbritannien und Irland ratifizirt werden; und die Ratifikationsurkunden sollen in vier Monaten von dem heutigen Tage an gerechnet oder wenn möglich früher in Washington ausgetauscht werden. Zu Urkund dessen haben wir, die unterfertigten Bevollmächtigten, dieses Abkommen unterzeichnet und unsere Siegel beigedrückt. So geschehen in dreifacher Ausfertigung zu Washington den siebenten November eintausend achthundert neunundneunzig. JOHN HAY [SEAL.] [SEAL. [SEAL.] And Whereas the said Convention has been duly ratified on the three parts and the ratifications of the three Governments were exchanged in the City of Washington on the seventh day of March, one thousand nine hundred: Now, Therefore, be it known that I, William McKinley, President of the United States of America, have caused the said convention to be made public, 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 Witness Whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this eighth day of March in the year of our Lord one thousand nine hundred, and of the Independence of the United States the one hundred and twenty-fourth. [SEAL.] By the President: JOHN HAY Secretary of State. WILLIAM MCKINLEY FR 99 -43 SIAM. ARBITRATION IN THE MATTER OF THE ALLEGED ASSAULT UPON THE UNITED STATES VICE-CONSUL-GENERAL, MR. E. V. KELLETT, BY SOLDIERS OF THE SIAMESE ARMY. Mr. King to Mr. Hay. No. 45.] LEGATION OF THE UNITED STATES, SIR: In the event of the Department being interviewed by outside. parties on the inclosed case, I have honor to request that the Kellett assault case be permitted to stand just where it is for the present, as, in my judgment, this will be for the best interests of the Government. So far as I know our relations here are most cordial, and I expect them to so remain. I have the honor, etc., HAMILTON KING. [Inclosure.] ALLEGED ASSAULT UPON THE UNITED STATES VICE-CONSUL-GENERAL, MR. E. V. KELLETT, BY SOLDIERS OF HIS SIAMESE MAJESTY'S ARMY, IN CHIENGMAI, ON THE 19TH OF NOVEMBER, 1896.-DECISION OF THE ARBITRATORS. Whereas we, the undersigned, have been duly appointed and authorized, respec tively, by the United States and Siamese Governments to investigate a certain alleged assault upon the United States vice-consul-general, Mr. E. V. Kellett, at Chiengmai, in November, 1896, and to arbitrate all questions of law, fact, and reparation of said alleged assault; Whereas we have held an investigation in both Bankok and Chiengmai, and have heard all evidence obtainable in this matter; Whereas from said investigation it appears that on the 19th of November, 1896, at about 7 p. m., after and following certain difficulties between said vice-consulgeneral of the United States and soldiers of His Siamese Majesty's army acting as police, in regard to the arrest of a clerk of said vice-consul-general of the United States. the said vice-consul general was assaulted in one of the main streets of Chiengmai by a number of said soldiers; Whereas this unfortunate incident could have been avoided, or at least its gravity lessened, if the Nai Roi Ake, i. e., Capt. Luang Phuvanat, the officer in command of the soldiers who committed said assault-had taken the steps which his duty and the circumstances required: Whereas the Nai Roi Tri, i. e., Sublieutenant Choi, under whose immediate command the soldiers who committed said assault were placed, and who was present when said soldiers committed the assault, did nothing to prevent them from inflicting injuries upon the person of the vice-consul-general; Whereas Nais Kram, Niem, and Phun, ordinary soldiers, while obeying certain orders, are convicted of having transcended such orders and of having struck several times said vice-consul-general, using to that effect the butts of their rifles and inflicting bruises upon his body; Whereas the conduct of said officers and soldiers is to a certain extent excusable, from the excitement resulting from the unusual and imprudent steps taken by said vice-consul-general in this matter: Therefore we have agreed on the following: I. The Nai Roi Ake, i. e., Capt. Luang Phuranat, shall be recalled to Bangkok 674 without delay after the publication of this decision; he shall be reprimanded in the presence of an official of the United States legation in Bangkok and a Siamese official of equal rank; he shall lose the grade he holds in His Siamese Majesty's army and shall be reduced to the grade of Nai Roi Toh, i. e., lieutenant, from which he shall not be promoted for a period of two years from date of reprimand; he shall be suspended from the army without pay for a period of one year from date of reprimand; he shall not return to Chiengmai within five years from date of this decision. II. The Nai Roi Tri, i. e., Sublieutenant Choi, shall be recalled to Bangkok without delay after the publication of the decision; he shall be reprimanded in the presence of an official of the United States legation in Bangkok and a Siamese official of equal rank; he shall not be open to promotion for a period of eighteen months from date of reprimand; he shall be suspended from the army without pay for a period of six months from date of reprimand; he shall not return to Chiengmai within five years from the date of this decision. III. Nais Kram, Niem, and Phun shall be recalled to Bangkok without delay after the publication of this decision; they shall be reprimanded in the presence of an official of the United States legation in Bangkok and a Siamese official of equal rank; they shall be deprived of their pay during three months from date of reprimand; they shall not return to Chiengmai within five years from date of this decision. We have also agreed: (a) That His Siamese Majesty's Government shall express its official regrets to the United States Government, through the latter's representative in Bangkok, that soldiers of His Siamese Majesty's army committed an assault upon the person of a consular official of the United States, and shall duly instruct the chief commissioner of the Monthon Laochieng, Phya Song Surady, to take such steps as will prevent a repetition of such an incident. (b) That copies of this decision shall be published in the official gazettes of both Governments within a reasonable time after their acquaintance with the same, and one shall be posted on the gateway of the police station in Chiengmai for not less than three weeks and within seventy-five days of date of said decision. ' Done in duplicate at Chiengmai this 20th day of September, 1897. JOHN BARRETT, Assistant Legal Adviser to His Siamese Majesty's Government, No. 46.] Mr. Hill to Mr. King. DEPARTMENT OF STATE, Washington, September 27, 1899. SIR: I have to acknowledge the receipt of your dispatch No. 45, of the 9th ultimo, inclosing a copy of the judgment of the arbitrators in the case of the assault on Vice-Consul-General E. V. Kellett by Siamese soldiers. You indicate on the copy the recommendations of the arbitrators that have been carried into effect and those that have not, and you recommend that the case be permitted to stand for the present just where it is, as, in your judgment, this will be for the best interests of the Government. In reply, I have to inform you that the Department was under the impression that the decision of the arbitrators had been carried into effect long ago. As it has not been, however, the Department does not feel called upon to take the matter up at this late day, and it concurs in your recommendation to let the matter stand for the present just where it is. I am, etc., DAVID J. HILL. 676 FOREIGN RELATIONS. EXTRATERRITORIAL JURISDICTION-ATTEMPTS OF SIAMESE GOVERNMENT TO IGNORE TREATY RIGHTS OF UNITED STATES CITIZENS. Inclosed you will find a copy of my correspondence with the foreign office on two cases which occurred so near together that I thought it wise to make them the subject of my first protest. The result is in every way satisfactory, the arms having been returned in a few days, and after a delay and a little pressure the letter of explanation came. In my first letter I state my position on the question of the rights of American citizens in Siam as laid down by the treaties. I am quite convinced that it is time to take such a stand and hence report to the Department. If my position is in any way in opposition to the views of my Government I shall be glad to learn what will be expected of me in the event of other cases arising of similar nature. He MONSIEUR LE MINISTER: On the afternoon of Thursday, October 19, two ponies belonging to Mr. Bartine Carrington, a citizen of the United States, were taken into custody by the police of Ban Moh Station. Mr. Carrington immediately applied at the station for his property and was denied possession of the same. informed the policemen in charge at the time that he was a citizen of the United States, and that he was the owner of said ponies, of both of which facts there seems to be no doubt that the policemen were well aware at the time they took possession of the property. Mr. Carrington then reported the matter to me and, as consul-general for the United States, I wrote a letter to Mr. Jardine, which was conveyed to him by Mr. Carrington in person, and which received from your inspector-general of police the respectful attention which is set forth in the inclosed letter of Mr. Jardine by the words "1 sent him (Mr. Carrington) with your letter to Mr. Lawson" (inclosure No. 1). Mr. Lawson, your superintendent of police at Ban Moh Station, read my letter and told Mr. Carrington that the ponies would be given up only on payment of a certain fine he mentioned, a knowledge of which fine or of the power that presumes to impose such a fine upon a citizen of the United States I must confess I know nothing. Mr. Carrington replied that he was not there to discuss the matter, but simply to present the letter of his consul-general as the case was now entirely in the hands of his consul-general. Your superintendent of police refused to comply with the request of the consul-general of the United States to deliver up goods belonging to a citizen of the United States, which request had been passed on to him by your inspector-general of police. And Mr. Carrington referred the case back to me. About 4 o clock on the following day the ponies were released after the owner had been deprived of their use for twentyfour hours, and I received a letter from Mr. Jardine, a copy of which I inclose, and to the words of which I respectfully call the attention of your royal highness (inclosure No. 1). |