inclose herewith a copy of a letter from the Acting Attorney-General, in which he states that while McIntire was committed to prison upon his arrival at St. Louis for a crime other than that for which he had been extradited, no advantage was taken of him, he being cautioned. by the United States attorney that the offense of which he had been convicted was not extraditable, and that he was at liberty to return. to London. Of this privilege he did not desire to avail himself. I have the further honor to return to your excellency herewith the original documents in the extradition proceedings. I have, etc., [Inclosure.] ALVEY A. ADEE. The Acting Attorney-General to the Secretary of State. DEPARTMENT OF JUSTICE, Washington, September 20, 1906. SIR: I have the honor to acknowledge the receipt of your letter of the 15th instant, inclosing for such action as the Attorney-General may deem proper a copy of a note from the British ambassador in which he calls attention to the assurance given by the assistant circuit attorney of St. Louis, in the case of Arthur F. McIntire, that the return of the accused to this country was sought for the sole purpose of prosecuting him upon the charge of embezzlement and not to serve any other private end, nor to detain or prosecute him for any other offense whatsoever. The ambassador invites this Government to consider whether action of a disciplinary nature should be taken in regard to the matter. McIntire was charged by the authorities of the State of Missouri with having committed the offense of embezzlement. The extradition proceedings prosecuted in behalf of the state government resulted in the surrender of the accused by the Government of Great Britain, where he had sought an asylum. Shortly after his arrival in St. Louis, Mo., McIntire was committed to prison to serve the sentence imposed by the United States court for the eastern district of Missouri, upon a charge different from that for which he was extradited. It appears, however, that in this respect no advantage was taken of McIntire. He was cautioned by the United States attorney that the offense of which he had been convicted in the United States court was not extraditable and that, so far as the United States was concerned, he was at liberty to return to London if he so desired. McIntire replied that he was tired of being a fugitive and wished to serve the sentence imposed by the United States court. The fact that he was a citizen of the United States probably accounted for McIntire's determination to surrender himself. In this connection I have the honor to invite your attention to the letter of the United States attorney at St. Louis of June 11, 1906, copy of which was transmitted to you June 13, 1906. In view of the precaution taken by the United States attorney, and of the voluntary surrender of McIntire, and of the further fact that the extradition proceedings were instituted by and in behalf of the State and not the Federal Government, I do not see that this department is in a position to take the action suggested by the British ambassador. Very respectfully, No. 1317.] BONDS OF THE SOUTH AFRICAN REPUBLIC. C. H. ROBB. The Secretary of State to Ambassador Choate. SIR: I inclose copies of correspondence with William H. McGreevy, M. D., relating to certain South African Republic bonds purchased by him and which he now desires to collect from the British Government. a Not printed. It will be observed that the claimant asserts that under the terms uopn which peace was concluded between Great Britain and the two Boer republics, the Government of Great Britain is bound to redeem the bonds in question, and is doing so. The department has no official information relating to the terms of the peace protocol, and would be glad if you would obtain and forward full information upon the subject. I am, sir, etc., JOHN HAY. The Third Assistant Secretary of State to Consul Proffit. No. 36.] DEPARTMENT OF STATE, Washington, December 18, 1903. SIR: I inclose copies of correspondence with William H. McGreevy, M. D., relating to certain South African Republic bonds purchased by him, which he now desires to collect from the British Government. It will be observed that the claimant asserts that, under the terms upon which peace was concluded between Great Britain and the two Boer republics, the Government of Great Britain is bound to redeem the bonds in question, and is doing so, and that they will be paid upon presentation if sent to you. The department has no official information to confirm Doctor McGreevy's statements, and would be glad if you would report fully on the subject. I am, etc., No. 1272.] HERBERT H. D. PEIRCE. Ambassador Choate to the Secretary of State. AMERICAN EMBASSY, London, January 4, 1904. SIR: With reference to your instruction No. 1317 of the 23d of November last, in which you inclosed copies of correspondence with William H. McGreevy, M. D., relating to certain bonds of the late South African Republic purchased by the latter, which he now desires to collect from the British Government, I have the honor to inclose herewith a copy of a note from Lord Lansdowne transmitting a copy of a parliamentary paper containing correspondence respecting the terms of surrender of the Boer forces in the field, which is marked at page 12, and also as bearing more especially on the validity of the notes under law No. 1 of 1900 of the late South African Republic, a copy of a note on the subject which appeared in the Transvaal Government Gazette of the 25th of June, 1902, which is to the following effect: "As misunderstanding seems to exist as to the interpretation of Clause II of section 10 of the terms of surrender published in the Government Gazette of the 3d of June, with regard to the validity. of notes issued under law No. 1 of 1900 of the late South African Republic, notice is hereby given that such notes are not legal tender or negotiable or good for any purpose except as evidence of losses sustained by the persons to whom they were originally given." a Not printed. I spoke with Lord Lansdowne on the subject on the 16th of December subsequently to my note to which he refers, of the 3d of that month, and gave him additional information in regard to the notes or bonds. Possibly, therefore, he may have something further to add later than his note of December 29, and should this be the case I shall transmit any information he may send without delay. I have, etc., [Inclosure 1.] JOSEPH H. CHOATE. Ambassador Choate to the Marquis of Lansdowne. AMERICAN EMBASSY, London, December 3, 1903. MY LORD: Under instructions from my Government I have the honor to ask if your lordship would be so good as to cause me to be informed as to the terms of the peace protocol when peace was concluded between Great Britain and the two Boer republics, and especially in relation to the subject of the redemption of the bonds of the South African Republic by His Majesty's Government. My Government, having no official information relating to the terms of the peace protocol, is desirous of obtaining full information upon the subject, in view of the many questions which arise in this connection from time to time. I have, etc., [Inclosure 2.] JOSEPH H. CHOATE. The Marquis of Lansdowne to Ambassador Choate. FOREIGN OFFICE, December 29, 1903. YOUR EXCELLENCY: With reference to your note of the 3d instant, I have the honor to transmit to your excellency herewith a copy of the parliamentary paper which gives at page 12 the terms of surrender of the Boer forces in the field at the end of the war in South Africa. I also include, as bearing more especially on the validity of notes issued under law No. 1 of 1900 of the late South African republic, a copy of a note on the subject which appeared in the Transvaal Government Gazette of the 25th of June, 1902. I have, etc., LANSDOWNE. [Subinclosure 1.] DRAFT AGREEMENT AS TO TERMS OF SURRENDER OF THE BOER FORCES IN THE FIELD APPROVED BY HIS MAJESTY'S GOVERNMENT. SECTION 10. As soon as conditions permit, a commission, on which the local inhabitants will be represented, will be appointed in each district of the Transvaal and Orange River Colony, under the presidency of a magistrate or other official, for the purpose of assisting the restoration of the people to their homes and supplying those who, owing to war losses, are unable to provide themselves with food, shelter, and the necessary amount of seed, stock, implements, etc., indispensable to the resumption of their normal occupations. His Majesty's Government will place at the disposal of these commissions a sum of £3,000,000 for the above purposes, and will allow all notes issued under law 1 of 1900 of the South African republic and all receipts given by officers in the field of the late republics, or under their orders to be presented to a judicial commission, which will be appointed by the Government, and if such notes and receipts are found by this commission to have been duly issued in return for valuable considerations, they will be received by the first-named commissions as evidence of war losses suffered by the persons to whom they were originally given. In addition to the above-named free grant of £3,000,000, His Majesty's Government will be prepared to make advances on loan for the same purposes free of interest for two years, and afterwards repayable over a period of years with 3 per cent interest. No foreigner or rebel will be entitled to the benefit of this clause. [Subinclosure 2.] GOVERNMENT NOTICE NO. 233 of 1902. As misunderstanding seems to exist as to the interpretation of clause 2 of section 10 of the terms of surrender, published in the Government Gazette (extraordinary) of 3d June, with regard to the validity of notes issued under law No. 1 of 1900 of the late South African republic, notice is hereby given that such notes are not legal tender or negotiable or good for any purpose except as evidence of losses sustained by the persons to whom they were originally given. By command of his excellency the administrator of the Transvaal. PRETORIA, June 6, 1902. No. 1276.] P. DUNCAN, Controller of the Treasury. Ambassador Choate to the Secretary of State. AMERICAN EMBASSY, London, January 11, 1904. SIR: In my dispatch, No. 1272, of the 4th instant, in relation to certain bonds issued by the late South African republic alleged to have been purchased by William H. McGreevy, I stated that possibly Lord Lansdowne might have something further to add later than his note of December 29. I have therefore the honor to inclose a copy of his lordship's note of the 6th instant in reply to one from me of the 18th ultimo, a copy of which is also herewith inclosed. It will be observed that his lordship expresses the hope that the information contained in his communication of the 29th ultimo, above mentioned, will be found to contain the particulars requested by the department, but states that further inquiries will be made if desired. As throwing some further light upon the interpretation of Clause II of section 10 of the terms of surrender, copies of which I inclosed in my last dispatch, with regard to the validity of the notes issued under law No. 1 of 1900 of the late South African republic, I inclose a copy of a note from Mr. Malcolm, of the colonial office, to Mr. Carter, dated the 9th instant, in which it is stated that the notes are not legal tender or negotiable or good for any purposes except as evidence of war losses suffered by the persons to whom they were originally issued, and that they may therefore be submitted as evidence by the original holder to the central judicial commission now sitting at Pretoria, the authority which, in the case of an American citizen, assesses his claim for compensation for war losses. It is also stated that this commission will probably conclude their sessions in two or three months, as apparently they have called in all claims by notice, and it only remains to assess those which have not yet been assessed. I have, etc., [Inclosure 1.] JOSEPH H. CHOATE. Ambassador Choate to the Marquis of Lansdowne. AMERICAN EMBASSY, London, December 18, 1903. MY LORD: Referring to our conversation of Wednesday last, in which I made an informal request for information concerning certain bonds of the late South African Republic, I now put the inquiry in writing, as you suggested. The notes or bonds inquired about were issued by the Government of the South African Republic and dated May 28, 1900, and numbered as follows: Nos. 12397, 14236, 4000, 1151, 14136, 14489, 13915, 2110, 16098, value £1 each; Nos. 11603 and 1210, value £5 each; and Nos. 2461, 6840, 2155, 1795, 7281, value £10 each; and Nos. 4078, 2062, 2075, value £20 each; Nos. 305, 306, and 1299, £50 each; and Nos. 2, 3, 4, 5, £100 each; and also notes dated April 1, 1901, Nos. 11004A, 10866A, 21553A, and 35247A, value £1 each, all bearing interest at 6 per cent and amounting, with interest, to £800 and upward. It has been represented to the State Department that by the terms of peace between Great Britain and the Boer authorities it was agreed that these bonds, among others, should be paid by the British Government, and on that point I have been unable to obtain information. It has also been represented to the State Department that His Majesty's Government are paying these bonds in accordance with the terms of the treaty of peace. In view of these representations, I shall be greatly obliged if your lordship will kindly furnish me with any information that may be available as to their correctness, and whether the terms of the treaty of peace make any representation as to bonds or obligations in which these might be included, and whether any such honds have been paid by our Government. I understand that bond No. 14489 was probably intended to be 13489, and 35247A was probably intended to be 35248A. I have, etc., JOSEPH H, CHOATE. [Inclosure 2.] Lord Lansdowne to Ambassador Choate. FOREIGN OFFICE, January 6, 1904. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of the 18th ultimo, in which you inquire whether certain bonds issued by the Government of the late South African Republic will be paid by His Majesty's Government. I beg leave to refer your excellency to my note of the 29th ultimo, in answer to your inquiry of the 3d ultimo, which will, I hope, be found to contain the required particulars. If there are, however, any points which are not covered by the information in my above-mentioned note, I shall be happy to make further inquiries. I have, etc., [Inclosure 3.1 LANSDOWNE. Mr. Malcolm to Mr. Carter. COLONIAL OFFICE, January 9, 1904. MY DEAR CARTER: Farnall has handed me your note to him of to-day. The commission to which you refer is the central judicial commission at Pretoria. It is still sitting, though how long it will continue to sit I can't say. I hope not more than two or three months, as they have called in all claims by notice, and it only remains to assess those which have not yet been assessed. The rule with regard to notes issued under law No. 1 of 1900 of the late South African Republic is that they are not legal tender, or negotiable, or good for any purpose except as evidence of war losses suffered by the persons to whom they were originally issued. (See as to this Article X of the terms of surrender order of the Boer forces, of which you have copies, no doubt.) They may therefore be submitted as evidence, just like any other evidence, by the original holder to the body which assesses his claim for compensation for war losses. In the case of an American subject this body would be the central judicial commission. Yours, sincerely, D. O. MALCOLM. |