The legation despatches setting forth the details of the matter were referred to the Secretary of the Navy, who, on May 6, 1924, stated that inasmuch as Private Chase was tried and convicted by a general court-martial on charges based upon the assault n question, his guilt being thus established, he concurred in the legation's recommendation that Mr. Sun be compensated in the amount of $500 Mexican.

I suggest that you recommend to the Congress that, as an act of grace and without reference to the question of the legal liability of the United States, an appropriation in a sum equivalent to $500 Mexican be made to effect a settlement of this claim. It will be noted from the inclosed communication from the Director of the Bureau of the Budget, to whom the matter was referred, that the proposed action. is not inconsistent with the financial program of the Government. Respectfully submitted.

DEPARTMENT OF STATE,

Washington, February 7, 1927.

FRANK B. KELLOGG.

BUREAU OF THE BUDGET,
Washington.

The SECRETARY OF STATE.

MY DEAR MR. SECRETARY: I have your letter of January 27, 1927, inclosing copy of a proposed report to the President recommending that Congress be requested to authorize an appropriation in a sum equivalent to $500 Mexican in payment of a claim presented by the Chinese Government for the unlawful act in China of a private connected with the legation guard in assaulting Mr. Sun Jui-chin, and asking that I indicate whether the action proposed in the report is in harmony with the financial policy of the President.

In reply I have to advise you that the proposed request for legislation authorizing an appropriation in a sum equivalent to $500 Mexican for the purpose stated is not in conflict with the financial program of the President.

Sincerely yours,

H. M. LORD, Director.

CLAIM PRESENTED BY FRANCE AGAINST THE UNITED STATES AS A RESULT OF A COLLISION BETWEEN THE STEAMSHIP "MADELEINE" AND THE U. S. S. "KERWOOD"

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

REPORT FROM THE SECRETARY OF STATE RELATIVE TO A CLAIM PRESENTED BY THE GOVERNMENT OF FRANCE AGAINST THE UNITED STATES ON ACCOUNT OF THE LOSSES SUSTAINED BY THE OWNER OF THE FRENCH STEAMSHIP MADELEINE AS THE RESULT OF A COLLISION WITH THE U. S. S. KERWOOD IN THE HARBOR OF BREST, FRANCE, ON MAY 11, 1918

DECEMBER 17, 1927.-Read; referred to the Committee on Foreign Relations and ordered to be printed

To the Congress of the United States:

I transmit herewith a report from the Secretary of State in relation to a claim presented by the Government of France against the Government of the United States on account of the losses sustained by the owner of the French steamship Madeleine as the result of a collision between it and the U. S. S. Kerwood, which at the time of the collision was being operated by the War Department, and I recommend that an appropriation be authorized to effect a settlement of this claim in accordance with the recommendation of the Secretary of State.

THE WHITE HOUSE,

Washington, December 17, 1927.

The PRESIDENT:

CALVIN COOLIDGE.

I have the honor to bring to your attention the claim presented by the French Embassy at this Capital on account of the losses sustained by the owner of the French steamship Madeleine as a

result of a collision between it and the U. S. S. Kerwood in the Harbor of Brest, France, on May 11, 1918.

The War Department, to which the matter was referred, has submitted the following information in regard to the collision:

The facts in this case appear to be that, on May 11, 1918, about 4 p. m., with weather fine and fresh breeze from the northeast, the U. S. S. Kerwood, then under requisition charter to the United States Shipping Board, manned and operated by the Army Transport Service, while proceeding to anchor, came into collision with the French steamer Madeleine, owned by Georges Leridon, of La Rochelle, France, then lying at anchor in a proper place, damaging the Madeleine's stem and hawse pipes. The vessels had arrived at Brest in convoy, the Kerwood following the Madeleine, and, upon the breaking up of the convoy, the Madeleine had come to anchor and had been anchored about five minutes when the Kerwood collided with her. The Kerwood, in proceeding to anchor, passed too close ahead of the Madeleine and the force of the wind and tide brought her into collision with the other vessel. The Madeleine, when it appeared that the Kerwood would strike that vessel, paid out cable in an attempt to avoid collision. Those in control of the Kerwood were solely at fault for the collision in passing too close to the Madeleine and in misjudging the force of the wind and tide. The record discloses no evidence showing fault on part of the Madeleine for the collision.

The claim as presented amounted to £4,616 9s. 6d. The War Department recommended the allowance of the sum of £3,550 2s. 5d., and the French Embassy has informed the department that the owner of the Madeleine, in his own name and the name of all the interested parties, has agreed to accept this sum as indemnity for all claims on account of the losses sustained by the vessel.

It seems to be generally recognized in international practice that, notwithstanding the immunities of vessels in the public service from the judicial remedies usually obtaining with respect to other vessels, a Government should make reparation for the damages done the nationals of other countries by vessels in its public service. It may be stated in this relation that this Government, in a number of cases, has collected indemnity from other governments for damages inflicted by their public vessels and has in turn paid indemnities in similar cases. As it appears that the American vessel, the Kerwood, was solely at fault in the collision between it and the Madeleine, and as the amount recommended by the Secretary of War in settlement of the claim appears to be a conservative estimate of the provable damages which this Government should bear, I have the honor to recommend that the Congress be requested to authorize the appropriation of a sum equivalent to £3,550 2s. 5d., in settlement of this claim, as an act of grace and without reference to the question of the legal liability of the United States.

A summary of the essential facts regarding the claim being embodied in this communication, it is deemed unnecessary to accompany it with copies of the correspondence in the case. All, or any part, of that correspondence will, of course, be furnished should you or the Congress so desire.

It should be added that this claim was brought to the attention of the Sixty-ninth Congress in a message from the President, dated April 20, 1926, and printed in House Report No. 992, Sixty-ninth Congress, first session, and that by House bill No. 11516, Sixty-ninth Congress, an appropriation of a sum equivalent to £3,500 2s. 5d. in payment of this claim was passed by the House of Representatives on December 20, 1926, and that action thereon was pending in the Senate when it adjourned March 4, 1927.

It will be noted from the inclosed communication from the Director of the Bureau of the Budget, to whom the matter was referred, that the proposed action is not inconsistent with the financial program of this Government.

Respectfully submitted.

DEPARTMENT OF STATE,

Washington, December 16, 1927.

FRANK B. Kellogg.

BUREAU OF THE BUDGET,

Washington, December 8, 1927.

MY DEAR MR. SECRETARY: I have from Assistant Secretary of State Carr a letter dated December 7, 1927, inclosing copy of House Report No. 992 of the Sixty-ninth Congress, first session, containing a report to the President recommending that Congress be requested to authorize the appropriation of a sum equivalent to £3,550 2s. 5d. in settlement of a claim presented by the Government of France on account of damages sustained by the French steamship Madeleine in a collision with the U. S. S. Kerwood, and asking that I indicate whether the action proposed in the report is in harmony with the financial policy of the President.

In reply I have to advise you that the proposed request for legislation authorizing the appropriation of a sum equivalent to £3,550 2s. 5d. for the purpose stated is not in conflict with the financial program of the President.

Sincerely yours,

H. M. LORD, Director.