2. Senate Document No. 78, 56th Congress, 1st Session.. Page 5 6 22 23 25 27 ANNEX 1. The Eastern Extension Australasia and China Telegraph Company, Limited. Particulars of Expenses incurred in Repairing the ManilaHong Kong and Manila-Capiz Cables in August 1898 by the Company's Steamship "Recorder." Expenses of Steamship Recorder from 17th to 26th August, 1898; ten days: Voyage back to Singapore, five days Cable, expended, 0.22 knots of Type A, patent new 130/130 core, at £260 per knot £ s. d. 97 12 4 71 13 11 ANNEX 2. (Senate Document No. 78, 56th Congress, 1st Session.) Message from the President of the United States, transmitting a Report from the Secretary of State, with accompanying Papers, with reference to the Claim of the Eastern Extension Australasian and China Telegraph Company, Limited, for Compensation on account of Expenses incurred in Repairing its ManilaHong Kong and Manila-Capiz Cables cut by United States Forces during the War with Spain. January 16, 1900.-Read, referred to the Committee on the Philippines, and ordered to be printed. To the Senate and House of Representatives : I TRANSMIT herewith a report from the Secretary of State, with accompanying papers, with reference to the claim of the Eastern Extension Australasian and China Telegraph Company, Limited, for compensation on account of expenses incurred in repairing its Manila-Hongkong and Manila-Capiz cables which were cut by United States forces during the war with Spain. I recommend that as an act of equity and comity provision be made by the Congress for reimbursement to the company of the actual expenses incurred by it in the repair of the cables. WILLIAM MCKINLEY. Executive Mansion, Washington, The President, The undersigned the Secretary of State has the honor to lay before the President copies of the papers in the matter of the claim of the Eastern Extension, Australasia and China Telegraph Company, Limited, amounting to £912 5s. 6d., for the compensation on account of expenses incurred in repairing its Manila-Hongkong and ManilaCapiz cables, the former of which was cut, on May 2, 1898, and the latter on May 23, 1898, both under orders from Admiral Dewey. It will be seen from the papers that no formal claim in behalf of the company is presented by Her Majesty's Government, but that that Government submits whether, as an act of grace, some pecuniary compensation may not be granted to the company for the loss which it alleges to have suffered in this regard. It is held by the Attorney-General of the United States, whose opinion is among the papers inclosed, that upon the law of the case there is no ground for a claim to indemnity. Apart, however from all legal considerations, I have the honor to recommend, in view of all the circumstances of the case, that the claim be submitted to the Congress in order that that body may consider whether, as an act of equity and comity, reimbursement to the company of its actual expenses incurred in the repair of the cables may not be provided for. Respectfully submitted. Department of State, Washington, JOHN HAY. (No. 501.) Sir, Mr. Hay to Mr. Day. American Embassy, London, I have the honor to transmit hérewith a memorandum which I have received from the foreign office relative to a request which has been made of the British Government by the Eastern Extension Australasia and China Telegraph Company, Limited, to use its good offices with ours in order to obtain, if possible, some compensation for the loss to which they have been subjected through the cutting of their Manila-Hongkong and Manila-Capiz cables during the recent hostilities in those waters. Her Majesty's Government, "while abstaining from advancing any formal claim in behalf of the company, would be glad if our Government could see their way, as an act of grace, to granting some pecuniary compensation to the company for the hardship they allege that they have suffered, having regard to the fact that the company's conduct throughout has been unexceptionable." I inclose the copy of a letter which I have caused to be written to the under secretary at the foreign office who brought the memorandum to this embassy and handed it to the secretary with the remarks which I have quoted and which were taken down by Mr. White in writing at the Foreign Office. in Her Majesty's Government are informed by the Eastern Extension Australasia and China Telegraph Company, Limited, that two of their submarine telegraph cables, which were laid by and at the expense of the company return for certain subsidies and exclusive privileges, were interrupted in the course of the recent hostilities between the United States and Spain. One of the cables connects Manila with Hongkong, and the other runs between Manila and Capiz, in the island of Panay. The first mentioned was interrupted in Manila Bay on the 2d of May last, the day after the destruction by Admiral Dewey's forces of the Spanish fleet at Cavite Arsenal. The second was interrupted on the 23d of May. The company adds that, from statements made by the United States naval officers to their representatives in the far east, it appears that both cables were cut by Admiral Dewey's orders. The company ask Her Majesty's Government to use their good offices with the Government of the United States, in order to obtain, if possible, some compensation for the damage and loss to which they have been subjected. My dear Mr. Villiers, (Inclosure 2.) American Embassy, London, With reference to the memorandum which you were good enough to leave with me a few days ago, relative to the application made by the Eastern Extension Telegraph Company to the foreign office, with a view to the use of the good offices of the latter toward obtaining compensation from our Government for the damage done to its cables during the recent hostilities, I inclose for your information an extract from a letter on this subject from our Secretary of the Navy to the Secretary of State. The letter was written in reply to a communication addressed by Mr. Hay to the Secretary of State, inclosing a letter from Lord Tweeddale, chairman of the Eastern Extension Telegraph Company, which contained a request similar to that which the company has now made to the foreign office. You will observe, therefore, that, in the opinion of our Government, it is owing to the prohibition of the Spanish Government, and not through an opposition on our part, that the cables in question have not long since been in operation; and that under these circumstances there is no just claim for compensation against the United States. In view of this reply, the nature of which was coinmunicated by Mr. Hay to Lord Tweeddale, the ambassador doubts whether a further application in behalf of the Eastern Extension Telegraph Company for compensation will have very practical results; but he will be happy, nevertheless, to forward the memorandum, with the observations you made to me relative thereto, to Washington. Yours, very sincerely, HENRY WHITE. Mr. White to Mr. Hay. (No. 590.) American Embassy, London, Sir, Referring to previous correspondence on the same subject, I have the honor to inclose herewith a letter which I have received from the Marquis of Tweeddale, chairman of the Eastern Extension Australasia and China Telegraph Company, Limited, together with the accompanying documents, relative to the company's claim for damages sustained by the cutting of their cable during the war. I also inclose a copy of my reply to the same. I have, &c. HENRY WHITE. Hon. John Hay, Secretary of State. |