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CLAIM FOR THE DEATH OF SAMUEL RICHARDSON

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

TOGETHER WITH A LETTER FROM THE DIRECTOR OF THE BUREAU OF THE BUDGET, REPORT FROM THE SECRETARY OF STATE REQUESTING THE SUBMISSION ANEW TO THE PRESENT CONGRESS OF A CLAIM AGAINST THE UNITED STATES PRESENTED BY THE GOVERNMENT OF GREAT BRITAIN FOR THE DEATH NOVEMBER 1, 1921, AT CONSUELO, DOMINICAN REPUBLIC, OF SAMUEL RICHARDSON, A BRITISH SUBJECT, AND RECOMMENDING AUTHORIZATION OF AN APPROPRIATION FOR ITS PAYMENT

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 by the Secretary of State requesting the submission anew to the present Congress of the matter of a claim against the United States presented by the British Government for the death, on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps, which formed the subject of a report made by the Secretary of State to me on April 3, 1926, and my message to the Congress dated April 5, 1926, which comprise Senate Document No. 92, Sixty-ninth Congress, first session, copies of which are furnished for the convenient information of the Congress.

Concurring in the recommendation made by the Secretary of State, that in order to effect a settlement of this claim, the Congress, as an act of grace and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of

$1,000, I bring the matter anew to the attention of the present Congress in the hope that the action recommended may receive favorable consideration. CALVIN COOLIDGE.

THE WHITE HOUSE,

December 17, 1927.

The PRESIDENT:

On January 11, 1924, the Secretary of State reported at length to you concerning a claim presented by the British Government against the United States for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps and requested that you recommend to the Congress as an act of grace and without reference to the question of legal liability, the authorization of an appropriation in the sum of $1,000 in payment of the claim.

This report was transmitted to Congress by you on January 14, 1924, with the recommendation that in order to effect a settlement of the claim in accordance with the recommendation of the Secretary of State, the Congress, as an act of grace, and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $1,000.

Your recommendation and the report of the Secretary of State mentioned, with its accompanying papers, comprise Senate Document No. 20, Sixty-eighth Congress, first session. The claim was submitted anew to the Sixty-ninth Congress, and is set out in Senate Document No. 92, Sixty-ninth Congress, first session of that Congress, copies of which are inclosed for your full information.

It appearing that final action was not taken on this matter by the Sixty-ninth Congress, I beg to suggest the submission of the matter anew to the consideration of the present Congress.

It will be observed from the inclosed communication from the Director 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,

FRANK B. KELLOGG.

Washington, December 13, 1927.

BUREAU OF THE BUDGET,
Washington, December 8, 1927.

MY DEAR MR. SECRETARY: I have, from Assistant Secretary of State Carr, a letter dated December 6, 1927, inclosing a copy of Senate Document No. 94 of the Sixty-ninth Congress, second session, containing a report to the President recommending that Congress be requested to authorize an appropriation in the sum of $1,000 in settlement of a claim presented by the British Government for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States

Marine Corps, and requesting that I indicate whether the action pr posed in the report is in harmony with the financial policy of the President, so that this report may be again transmitted to him, with a statement to that effect.

In reply, I have to advise you that the proposed request for legislation authorizing an appropriation of $1,000 for the purpose stated is not in conflict with the financial program of the President.

Very truly yours,

The SECRETARY OF STATE.

H. M. LORD, Director.

[Senate Document No. 92, Sixty-ninth Congress, first session]

To the Congress of the United States:

I transmit herewith a report by the Secretary of State requesting the submission anew to the present Congress of the matter of a claim against the United States presented by the British Government for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps, which formed the subject of a report made by the Secretary of State to me on January 11, 1924, and my message to the Congress dated January 14, 1924, which comprises Senate Document No. 20, Sixty-eighth Congress, first session, copies of which are furnished for the convenient information of the Congress.

Concurring in the recommendation made by the Secretary of State that in order to effect a settlement of this claim the Congress, as an act of grace and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $1,000, I bring the matter anew to the attention of the present Congress in the hope that the action recommended may receive favorable consideration.

THE WHITE HOUSE,
April 5, 1926.

The PRESIDENT:

CALVIN COOLIDGE.

On January 11, 1924, the Secretary of State reported at length to you concerning a claim presented by the British Government against the United States for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps and requested that you recommend to the Congress, as an act of grace and without reference to the question of legal liability, the authorization of an appropriation in the sum of $1,000 in payment of the claim.

This report was transmitted to Congress by you on January 14, 1924, with the recommendation that in order to effect a settlement of the claim in accordance with the recommendation of the Secretary of State, the Congress, as an act of grace, and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $1,000.

Your recommendation and the report of the Secretary of State mentioned, with its accompanying papers, comprise Senate Document No. 20, Sixty-eighth Congress, first session, copies of which are inclosed for your full information.

It appearing that final action was not taken on this recommendation by the Sixty-eighth Congress, and fully concurring in the report and request of the Secretary of State, I beg to suggest the submission of the matter anew to the consideration of the present Congress.

It will be observed from the inclosed communication from the Director 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, April 3, 1926.

FRANK B. KELLOGG.

BUREAU OF THE BUDGET,
Washington, March 10, 1926.

MY DEAR MR. SECRETARY: I have your letter of March 4, 1926, inclosing copy of a proposed report to the President recommending that Congress be requested to authorize an appropriation in the sum of $1,000 in settlement of a claim presented by the British Government for the death, on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps, and asking that I indicate whether the action proposed in the report is in harmony with the financial policy of the President.

It affords me pleasure to advise you that the proposed request for legislation authorizing an appropriation of $1,000 for the purpose stated is not in conflict with the financial program of the President. Sincerely yours, H. M. LORD, Director.

The SECRETARY OF STATE.

[Senate Document No. 20, Sixty-eighth Congress, first session]

To the Senate and House of Representatives:

I transmit herewith a report respecting a claim against the United States presented by the British Government for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps, with a request that the recommendation of the Acting Secretary of the Navy, as indicated therein be adopted, and that the Congress authorize the appropriation of the sum necessary to pay the indemnity as suggested by the Acting Secretary of the Navy.

I recommend that, in order to effect a settlement of this claim in accordance with the recommendation of the Secretary of State, the Congress, as an act of grace, and without reference to the legal lia

bility of the United States in the premises, authorize an appropriation in the sum of $1,000.

THE WHITE HOUSE,

CALVIN COOLIDGE.

January 14, 1984.

The PRESIDENT:

JANUARY 11, 1924.

I have the honor to submit, with a view to its transmission to the Congress, the following report and recommendation respecting a claim presented by the British Government for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps. From the evidence available it appears that Richardson was held in bed on the evening of November 1, 1921, and that between 9 and 10 o'clock p. m. on that date several men came to his house. According to the testimony of one Grace Henry, who was with him at the time, these men demanded in English that the door be opened, fired several shots through the door, one of which struck Richardson in the head, from the effects of which he died at about midnight of the same day. The reasons for believing that this crime was perpetrated by marines are that the demands were couched in English and that shells found on the premises the following day were of the same kind as those issued to marines, a company of which was stationed near by.

The matter was referred to the Navy Department for an investigation, and in a letter to the State Department of April 1, 1922, the Secretary of the Navy confirmed the existence of the essential facts which gave rise to the claim as set forth above. Again on September 23, 1922, the Secretary of the Navy advised the State Department that as a result of a further investigation of the case made by a board of three officers it was found that Richardson met his death from the effects of a bullet wound through the head, and that the bullet was fired from a pistol, Colt automatic, caliber .45, Government model, by a person unknown. The board recommended that no further proceedings be had in the case. The proceedings, findings, and recommendations of the board of investigation were approved by the commanding general of the Second Brigade, United States Marine Corps, on August 30, 1922. Subsequently, or on November 27, 1922, the Secretary of the Navy advised the department that from the evidence then in that department it appeared probable that some member or members of the Marine Corps fired the fatal shot, but that the Navy Department had been unable to elicit positive proof of this fact or to establish the guilt of any particular person.

The Acting Secretary of the Navy in a letter to the department dated March 27, 1923, stated that there still persisted strong probability of guilt on the part of some member or members of the Marine Corps, and concluded by proposing that an offer be made to the British Government to pay a suitable and reasonable indemnity.

As set forth in his subsequent letter to this department of May 16, 1923, this recommendation of the Secretary of the Navy is based upon the fact that paramount, if not exclusive, police authority and

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