Delaplaine to Count Andrássy, February 26, 1877

Mr. Delaplaine to Count Andrássy.

M. le Ministre: Articles XVIII, XIX, and XXI of the treaty of Washington, of the 8th of May, 1871, of which I have the honor herewith to inclose a copy, provide for certain privileges in respect to fisheries and remission of customs duties, to be granted by the United States and Great Britain respectively, and in the twenty-second and twenty-third articles of the treaty it is further provided:

• “Article XXII. Inasmuch as it is asserted by the government of her Britannic Majesty that the privileges accorded to the citizens of the United States under Article XVIII of this treaty are of greater value than those accorded by Articles XIX and XXI of this treaty to the subjects of Her Britannic Majesty, and this assertion is not admitted by the Government of the United States, it is further agreed that commissioners shall be appointed to determine, having regard to the privileges accorded by the United States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of this treaty, the amount of any compensation which, in their opinion, ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII of this treaty; and that any sum of money which the said commissioners may so award shall be paid by the United States Government, in a gross sum, within twelve months after such award shall have been given.
• “Article XXIII. The commissioners referred to in the preceding article shall be appointed in the following manner, that is to say: one commissioner shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and in case the third commissioner shall not have been so named within a period of three months from the date when this article shall take effect, then the third commissioner shall be named by the representative at London of His Majesty the Emperor of Austria and King of Hungary. In case of the death, absence, or incapacity of any commissioner, or in the event of any commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment, the period of three months, in case of such substitution, being calculated from the date of the happening of the vacancy.

“The commissioners so named shall meet in the city of Halifax, in the province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity; and such declaration shall be entered on the record of their proceedings.

“Each of the high contracting parties shall also name one person to attend the commission as its agent, to represent it generally in all matters connected with the commission.”

The period of three months specified in the article above quoted having elapsed, it has become necessary to take steps for the appointment of the third commissioner in accordance with its provisions, and with this view I have received the instructions of my government to request you to invite His Imperial and Royal Majesty to be graciously pleased to instruct his ambassador at London to undertake the duty of selecting some gentleman properly qualified to act in the capacity of third commissioner.

In consideration of the fact that the proceedings at the Halifax commission will be conducted in the English language, and that any evidence, documents, or oral testimony will be also in English, it appears to my government to be a necessary qualification that the third commissioner should possess an accurate knowledge of that language.

The commissioner appointed by the President of the United States is the Hon. Ensign H. Kellogg, and the commissioner appointed by Her Britannic Majesty is Sir Alexander T. Galt, K. C. B., &c.

The arrangements for the constitution of the commission being otherwise complete, I have the honor to suggest that it would be desirable that the third commissioner should be named by the representative at London of His Imperial and Royal Majesty as soon as may be convenient.

I have, further, the honor to inform you that my British colleague has received instructions to act conjointly with me in making this request, and he will address you a note in similar terms to that which I have now the honor to present.

I have, &c.,