Mr. Egan to Mr. Foster.

[Extract.]
No. 339.]

Sir: I have the honor to refer to my No. 335, of 2d instant, and to inform you that the claims convention, which I therein reported as agreed upon for the arbitration of all pending claims, has been signed by the minister of foreign relations and myself, approved by the senate [Page 67] on yesterday and by the camara or chamber of deputies to-day, in both cases in secret session and by unanimous vote.

Inasmuch as the convention provides for the arbitration of “the claims made by the citizens of either country against the government of the other,” and as it is doubtful if the sailor, Patrick Shields, of the steamer Keeweenaw, ill-treated by the police in Valparaiso in October, 1891, is actually a citizen of the United States or a subject of Great Britain, I made special reference to his case in my interviews with the minister of foreign relations. I handed to the minister in writing an extract from paragraph No. 171, of the United States Consular Regulations, edition 1888, as follows: “The principles which are maintained by this Government in regard to the protection, as distinguished from the relief of seamen, are well settled. It is held that the circumstance that the vessel is American is evidence that the seamen on board are such, and that in every regularly documented merchant vessel the crew will find their protection in the flag that covers them,” and I asked if it would be necessary to insert a special clause in the convention to include this case. The minister and also the subsecretary of the ministry of foreign relations assured me that it was not necessary to do so, that no question will be raised on this point, and that the rights of Shields as a citizen of the United States will be admitted by Chile before the arbitration tribunal.

I have now the assurance that I will receive the amount of the indemnity in the Baltimore case in a few days.

I have, etc.,

Patrick Egan.