tute amendment proposed by the Japanese Government, of Article VI of the land regulations for the general foreign settlement of Chemulpo, and to inform you in reply that you may agree to the amendment proposed by Japan. I am, etc., JOHN HAY. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSULAR OFFICIALS. Mr. Allen to Mr. Hay. No. 472.] LEGATION OF THE UNITED STATES, SIR: 1 have the honor to acknowledge the receipt on the 25th ultimo of your cablegram" in regard to the matter of obtaining permission for the consuls of the United States to attend to the interests of Cuba and its citizens pending the establishment of Cuban consulates. I at once addressed acting foreign minister as per inclosed copy of my letter. After much delay I received a reply merely acknowledging the receipt of my letter. This dispatch I returned with the explanation that as I had asked for permission for United States consular officers to act, I must have a definite statement as to whether such permission is granted. This brought a satisfactory reply, a copy of which I inclose, in which permission is granted. I have, etc., HORACE N. ALLEN. [Inclosure 1.] Mr. Allen to the acting minister for foreign affairs. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: I am informed by telegraph by my Government that the President of Cuba asks the Government of Korea to permit the United States consular officers within its jurisdiction to use their good offices in representation of the interests of Cuba and of its citizens until Cuban consuls shall have been appointed, and I am instructed to ask that this permission be granted. You will remember that Cuba revolted against the dominion of Spain and the United States went to war with the latter country in order to end the revolution and free Cuba. After the close of the war the United States assisted Cuba in preparing for the establishment of a free and independent government. This has now been accomplished, and the first President, Estrada Palma, having been duly elected, was inaugurated on the 20th instant, at which time the troops and officials of the United States were withdrawn from the Island Republic. Pending the conclusion of foreign treaties, it is evidently the wish of the Cuban Government that the United States consular officials should attend to Cuban interests abroad. I take this opportunity, etc., HORACE N. ALLEN. a Printed, page 6. [Inclosure 2.] The acting minister for foreign affairs to Mr. Allen. FOREIGN OFFICE, May 29, 1902. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your letter in which you inform me that the Cuban Government asked the United States Government to have the American consuls under its jurisdiction protect the rights of Cuban citizens; that you have been instructed by your Government to ask permission from the Korean Government for the exercise of these functions by the United States consuls in Korea, and you relate the history of the establishment of the Cuban Government as a republic, by the assistance of the United States. I beg to inform you that Cuba shall have equal treatment with other nations as she now has the right of independence. However, no treaty between Cuba and Korea has been made. Therefore, consular officers can not be established at present. But the American consular officers are empowered to protect the rights of Cuban citizens, under their jurisdiction, and the Korean Government grants the same right according to custom. I have, etc., CHEY YUNG HA. ACCIDENT TO PRESIDENT ROOSEVELT. The Emperor of Korea to President Roosevelt. [Telegram.] SEOUL, September 16, 1902. I regret exceedingly your excellency's recent carriage accident, and heartily congratulate you on your happy escape. I trust you will speedily recover from the effects of the collision. HIUNG, Emperor Daicher of Daihan. MEXICO. CLAIM OF THE CATHOLIC CHURCH OF CALIFORNIA (PIOUS FUND) v. MEXICO.a No. 563.] Mr. Wharton to Mr. Ryan. DEPARTMENT OF STATE, SIR: Among the claims presented against the Government of Mexico before the American and Mexican Joint Commission under the convention of July 4, 1868, was one by the archbishop and bishops of the Roman Catholic Church of California, entitled "The case of Joseph S. Alemany, archbishop, etc., and Thaddeus Amat, bishop, etc., v. The Republic of Mexico, No. 493." The claim was for a share of the .ncome of the so-called "Pious Fund of the Californias," which it was alleged that the Government of Mexico simply possessed in trust for the benefit of its intended beneficiaries, of whom the Catholic Church of California represented a part. Upon a difference of opinion between the American and Mexican commissioners the case was referred to Sir Edward Thornton, as umpire, who decided that one-half of the annual income of said fund, or $43,080.99, should be paid by the Government of Mexico to the Roman Catholic Church of California for the period of twenty-one years from the 30th of May, 1848, making a total award of $904,700.79. This sum was duly accounted for in the settlement between the two Governments and has been paid to the claimants. The authority of the commission to make a specific award of damages did not extend beyond such claim as was perfected at the time of the exchange of ratifications of the foregoing convention. The decision authoritatively established, however, the responsibility of the Government of Mexico to the Roman Catholic Church of California for its share of the annual income of said fund as above; also that its bishops and archbishop are the proper parties to demand and receive it; that the claimant is a corporation of American citizens, and that the case is a proper one for the diplomatic intervention of this Government. A copy of the decision of the umpire is herewith inclosed. The archbishop of San Francisco and the bishop of Monterey, representing and acting for said church, now represent to the Department that they have not received any further payments on account of the income of said fund which has accrued subsequent to the 30th of May, 1869, and they ask the intervention of this Government to obtain from the Government of Mexico the payment thereof, as well as of future installments regularly as they shall become due. The amount so due at this time is $904,700.79 and interest. a For arbitration of this claim see Appendix II to this volume. You will respectfully call this matter to the attention of the foreign office and make proper inquiries concerning it. It is hoped that the Mexican Government is prepared to make some satisfactory adjustment of the same. WILLIAM F. WHARTON, Acting Secretary. I am, etc., Mr. Ryan to Mr. Blaine. No. 737.] LEGATION OF THE UNITED STATES, SIR: In obedience to your instruction No. 563 of the 3d instant, I have addressed to the Mexican foreign office an official representation in behalf of the claim made by the archbishop and bishops of the Roman Catholic Church in California against the Government of Mexico for the payment of a sum held by the claimants to be the unpaid part of their legal share of the income of the so-called "Pious Fund of the Californias," which it was alleged that the Government of Mexico simply possessed in trust for the benefit of its intended beneficiaries, among which was the Catholic Church of California-the claim being made under the decision of the umpire to whom was referred the question of the difference of opinion between the American and Mexican commissioners appointed to consider the case. I am, sir, with much respect, your obedient servant, THOS. RYAN. [Inclosure.] Mr. Ryan to Mr. Mariscal. UNITED STATES LEGATION, SIR: I am specifically instructed to draw your excellency's notice to the legal relations of the Mexican Government pertaining to the so-called "Pious fund of the Californias," as defined by Sir Edward Thornton, as umpire of the American and Mexican Joint Commission under the convention of July 4, 1868, in a decision bearing date the 11th of November, 1875. Among the claims presented against the Government of Mexico, before that Commission, was one by the archbishop and bishops of the Roman Catholic Church of California, entitled the case of Joseph S. Alemany, archbishop, etc., and Thaddeus Amat, bishop, etc., v. The Republic of Mexico, No. 493. The claim was for a share of the income of the "Pious fund of the Californias," which it was alleged that the Government of Mexico possessed in trust for the benefit of its intended beneficiaries, of whom the Catholic Church of California represented a part. Upon a difference of opinion between the American and Mexican Commissioners, the case was referred to Sir Edward Thornton, as umpire, who decided that onehalf of the annual income of said fund, to-wit, $43,080.99, should be paid by the Government of Mexico to the Roman Catholic Church of California, for the period of twenty-one years from the 30th of May, 1848, making an award, on account thereof, of $904,700.79. This sum was duly accounted for in the settlement between the two countries, and has been paid to the claimants. The authority, however, of the Commission to make a specific award of damages did not extend beyond such claim as perfected at the time of the exchange of ratifications of the foregoing convention. But the suggestion of my Government is that the decision authoritatively established: First. The responsibility of the Government of Mexico to the Roman Catholic Church of California for its share of the annual income of said fund; Second. Also the annual amount of such share; Third. That the archbishop and bishops of that church are the proper parties to demand and receive it; Fourth. That the claimant is a corporation of American citizens; and Fifth. That the case is a proper one for the diplomatic intervention of the United States Government. The archbishop of San Francisco and the bishop of Monterey, Cal., representing and acting for said church, now represent to the Department of State, at Washington, D. C., that they have not received any further payments on account of the income of said fund which has accrued subsequent to the 30th of May, 1869, and they pray the United States Government for the exercise of its proper offices in that behalf, to the end that the attention of your excellency's Government may thereby be duly drawn to the consideration of its obligations respecting the payment of the accrued sum as well as of future installments regularly as they become due. It would appear that the amount now due is $904,700.79; and I am directed to respectfully express to your excellency the hope of my Government that there will be an early and satisfactory adjustment of the same. It gives me pleasure to reiterate to your excellency the assurance of my highest regard and esteem. Mr. Blaine to Mr. Ryan. THOS. RYAN. No. 684.] DEPARTMENT OF STATE, Washington, February 19, 1892. SIR: In your No. 737 of August 17 last you reported that in obedience to my instruction No. 563 of August 3 last you had addressed a note to the Mexican foreign office relative to the claim of the Roman Catholic Church of California to a share in the income of the so-called "Pious fund" of the Californias. Not having been notified of the receipt of any reply thereto, I have to ask that you will-in such proper and discreet way as may seem best-solicit from Mr. Mariscal some reply to the above-named representation of this Government. I am, etc., your obedient servant, Mr. Foster to Mr. Ryan. JAMES G. BLAINE. No. 820.] DEPARTMENT OF STATE, Washington, September 15, 1892. SIR: Referring to instructions No. 563 of August 3, 1891, and 684 of February 19, 1892, I have to state that in a letter of the 11th ultimo the Messrs. Pillsbury, Blanding, and Hayne, of 324 Pine street, San Francisco, Cal., call attention to the claim of the Roman Catholic archbishop of California against Mexico, which formed the subject of those instructions. In view of the long period which has elapsed since the date of your No. 737 (August 17, 1891), informing the Department that you had addressed a note to the foreign office on the subject, I have no doubt the Mexican Government will recognize the propriety of presently apprising you of its conclusions in the matter, should you now make a further representation, as you are hereby requested to do in such terms as appear to you pertinent under the circumstances. I am, etc., JOHN W. FOSTER. |