President Roosevelt to President Diaz. [Telegram.] WHITE HOUSE, Washington, September 5, 1902. I highly esteem your congratulations upon my fortunate escape. THEODORE ROOSEVELT. MESSAGE OF THE PRESIDENT OF MEXICO TO CONGRESS-PASSAGES RELATING TO THE PIOUS FUND CLAIM AND THE SILVER QUESTION. No. 1583.] Mr. Clayton to Mr. Hay. EMBASSY OF THE UNITED STATES, SIR: I have the honor to transmit herewith, for the information of the Department, copies in duplicate of President Diaz's message delivered to Congress on the 16th instant. The Department's attention is respectfully called to the President's remarks under the head of "The Pious Fund claim," also under the head of "The silver question." I have, etc., POWELL CLAYTON. [Inclosure.-Translation.] Extracts from message of President Diaz. THE PIOUS FUND CLAIM. The first contentious international case, in which the contending parties are Mexico and the United States of America, has, by mutual consent, just been submitted to the permanent arbitration court instituted at The Hague by virtue of the conference called, and justly called, the peace conference. The case in question grows out of a claim presented by the Catholic Church of Upper California against the Mexican Republic and upheld by the Government of the United States, looking to the payment of interest on a fund which was created in the colonial epoch for the benefit of the missions in that former portion of our territory. Originally, the fund in question was intrusted to the Jesuits for their California missions, but, as a consequence of the royal order which expelled the Jesuits from Spanish territory in 1768, the property constituting the fund passed to the Crown of Spain, which intrusted its administration to a royal commission, in whose hands it was at the time when our independence was consummated. The National Government continued to administer the fund, which was destined for the reduction of the barbarous Indians and their conversion to Christianity, and though in 1836 it caused the fund to be placed at the disposal of the bishop of California to be administered by him, that arrangement was canceled by decree of February 8, 1842, and the administration of the fund reverted to the Mexican Government to be employed by that Government in such form and manner as it might determine compatible with the original intention of the founders. When, in 1848, Upper California was segregated from the Mexican federation, the Mexican Government, taking its stand principally on article 14 of the peace treaty with the United States, concluded in that same year, which pronounced as ended and canceled all debts and claims which citizens of the United States might allege against Mexico, considered itself released from all liability toward the representatives of the Church in California, who, if they believed they had any claim to urge, ought to have urged it against the Government to which the sovereignty of Upper California with all its correlative rights and obligations had passed. Not convinced by the considerations to which I have alluded, the Church in question, notwithstanding its lack of competency, went before the Joint Claims Commission which was held at Washington under the convention of July 4, 1868, demanding payment of interest up to the date of the claim. Owing to a lack of agreement between the commissioners, the case was submitted to the arbiter or referee, who, believing he had found grounds for such action, sentenced us to pay a certain sum. The Mexican Government, notwithstanding that it considered the sentence unjust, paid the interest assessed against it. On the strength of that decision the California Church has since claimed that the Republic ought to continue paying interest on the fund, and its claims were presented through the diplomatic channel. After an exchange of notes between the representative of the United States and the minister of foreign relations, and seeing that no agreement was reached (we, on our side, maintaining that the arbitral decision of 1875 did not include subsequent interest and that there is no ground for claiming that interest or for regarding the principal itself as still subsistent), it was decided, with that spirit of conciliatoriness which befits friendly nations, to submit the case to The Hague court for adjudication. With this end in view a protocol binding both parties was signed at Washington on May 22 last fixing the basis for the action of the court, and that protocol, as you will remember, received the approval of the Mexican senate. I have to add that, in accordance with the stipulations of the agreement in question, both Governments in due course appointed their respective arbitrators who met on the 1st instant at The Hague, and the arbitrators in turn appointed a flfth arbitrator or referee to decide in case of disagreement. The Mexican Government contides in the acknowledged integrity and high character of the jurists who constitute the respected tribunal, and once more engages itself to comply with the definite sentence uttered in this matter. The fate of silver is to us an arduous problem, and as the definite solution can not yet be conjectured the Executive feels obliged to maintain a waiting attitude and to continue its studies with a view to elucidating the various aspects of the question, such as the conditions surrounding the production, circulation, and consumption of the metal in question, and as nearly as possible the advantages and disadvantages which its depreciation has occasioned or may occasion to Mexico. In any event it is necessary to bear in mind that with silver we meet about one-half of what for various reasons the country is compelled to remit abroad and that, notwithstanding our substantial production of silver, it would be rash for the Republic alone to attempt to regulate the world's output of the white metal, and in that way to bring about stability in its price. No. 1618.] Mr. Clayton to Mr. Hay. EMBASSY OF THE UNITED STATES, SIR: I have the honor to inform you that on the 30th ultimo the President of the Republic received General Cárlos Garcia Velez as envoy extraordinary and minister plenipotentiary of the Republic of Cuba. I inclose herewith copy and translation of the addresses delivered on that occasion. POWELL CLAYTON. I have, etc., [Inclosure.] From the Mexican Herald, October 31, 1902. The minister of Cuba in presenting his credentials said: "Mr. PRESIDENT. I have the honor to deliver to your excellency the letter by which President Tomás Estrada Palma is pleased to accredit me as envoy extraordinary and minister plenipotentiary of the Republic of Cuba near your Government. "The Cuban nation has many reasons for feeling fervent affection for the Mexican nation, and you will allow me to express it, Mr. President, at this solemn moment when I have the honor to be the first diplomatic agent of my country to be received in a Spanish-American nation. "Linked in the history of this continent ever since the dawn of modern times, alike in their checkered records, possessing similar factors of national solidarity, resembling one another in their customs and aims, having a common origin and tongue, Mexico and Cuba are two sister nations whose relations of friendship are bound to grow as time passes. "The intimate character of these cordial relations, which my Government desires to maintain with the Government so wisely directed by yourself, must be greatly fomented by the profound gratitude which we feel toward this great nation, for the generous shelter which, in stormy days for our country, was extended to thousands of Cubans who sought these shores, and by the sincere appreciation of the services rendered by Mexico to our cause in being one of the first to recognize our young Republic, and to accredit to it an honored representative. Counting, therefore, on your benevolent reciprocity of sentiment, I have every hope that I will be able successfully to realize the mission with which I have been charged for the benefit of our respective countries. Interpreting the desire of the citizens of Cuba, I have been specially commissioned by President Tomás Estrada Palma to present our most sincere congratulations for the paternal, wise, and benevolent rule that you exercise in the United Mexican States, surrounded by the sincere love of your people and the admiration of foreign nations. We desire you, Mr. President, a long life for the good of this happy nation, so favored by prosperity and so congenial to progress.” President Díaz replied as follows: "MR. MINISTER. It is with special satisfaction that I receive from your hands the letter that accredits you as representative of the new and sympathetic Republic of Cuba, in the capacity of envoy extraordinary and minister plenipotentiary. You are quite right in all that you have said with respect to the powerful reasons that already exist, and to which time will add, why our Governments should cultivate a sincere friendship, in keeping with the deep cordiality which unites the two peoples. Their proximity, the points that are common in the history of both, the identity of their aspirations and ideals, the civilization that impresses a special character on the group of nations to which they pertain, all make for that unity of sentiment that will bring about a friendly combination of interests, both in trade and in other matters that bind modern nations to each other. "For the obtaining of such desirable results, you have been happily selected to be the chief of the first mission that Cuba sends us, and for that reason you may count on our special cooperation to obtain those objects, seeing that Mexico fully reciprocates the friendly sentiments that you have expressed on behalf of your Government. "In conclusion, I beg that you will transmit to the Chief Magistrate of your country my sincere hopes for his personal happiness and for the prosperity of the new Republic of Cuba, which is rich in hopes for the future.” FR 1902, PT 1- -53 NETHERLANDS. PASSPORT APPLICATION OF JULIAAN JOHAN BECKER. Mr. Newel to Mr. Hay. No. 453.] LEGATION OF THE UNITED STATES, SIR: I have the honor to inclose herewith an application" by Juliaan Johan Becker for a passport, and to ask for a ruling on it by the Department. I also inclose a passport issued at this legation to the said Becker in 1888. I have consented to forward this application only after having been importuned to do so by the applicant. Both J. J. Becker and his brother, Henry Lewis Becker, were granted passports at this legation (Nos. 3 and 4), on the 19th of February, 1888. On the 21st of May, 1891, Henry Lewis Becker applied for a renewal of his passport, and after correspondence between the Department and this legation the Department ruled that the applicant was not entitled to a passport, and therefore none was issued. The case of the present applicant, J. J. Becker, a brother to the Henry Lewis Becker above mentioned, seems to be similar in all its essentials to the former case. He was born at Arnhem in the Netherlands in 1849, and went with his father and brother to America in 1854, when he was under 5 years of age. He states that his father was naturalized in 1868. The original naturalization papers are not forthcoming, but a "duplicate," dated the 28th of November, 1891, witnesses that "at a term of the county court of Kings County, held in the city of Brooklyn on the 3d day of July, 1868, Christopher Becker [the father] was admitted to be a citizen of the United States of America." The present applicant resided in Brooklyn from 1854 to 1870, in which year he returned to the Netherlands. He has not been in the United States for over thirty-one years. He is engaged in business in Rotterdam. He avers that it is his intention to return to America, where his brother is now living at New Rochelle, in the State of New York, so soon as he may be able to turn over his business to his son, which will surely be within two years and a half. His son is about 19 years of age and has never been "as far away as America." He desires the passport for the purpose of identification, and that his son may not have to "waste several years in the Dutch army." I have, etc., STANFORD NEWEL. Mr. Hay to Mr. Newel. No. 306.] DEPARTMENT OF STATE, Washington, January 29, 1902. SIR: Your No. 453, of the 9th instant, forwarding the application of Juliaan Johan Becker for a passport, has been received. The Department approves your refusal to issue a passport to him. a Not printed. The case is clearly one covered by the following language in the Department's Circular of March 27, 1899: A naturalized citizen who returns to the country of his origin and there resides without any tangible manifestation of an intention to return to the United States may, therefore, generally be assumed to have lost the right to receive the protection of the United States. His naturalization in the United States can not be used as a cloak to protect him from obligations to the country of his origin, while he performs none of the duties of citizenship to the country which naturalized him. The statements of loyalty to this Government which he may have made are contradicted by the circumstances of his residence and are open to the suspicion of being influenced by the advantages he derives by avoiding the performance of the duties of citizenship to any country. I am, etc., JOHN HAY. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSULAR OFFICIALS. « Mr. Newel to Mr. Hay. LEGATION OF THE UNITED STATES, The Hague, June 20, 1902. SIR: I have the honor to advise you that the Netherlands minister of foreign affairs notifies me, under date of June 16, that the Government of Her Majesty the Queen has no objection to the United States consular officers in the Netherlands and its colonies being charged with the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. In accordance with the Department's instruction I have this day notified the United States consuls in this country and its colonies of the fact. I inclose herewith a copy of the correspondence that has passed between this legation and the foreign office on the subject. I have, etc., [Inclosure 1.] STANFORD NEWEL. Mr. Newel to Baron de Lynden. LEGATION OF the United STATES, SIR: At the request of the President of Cuba, my Government instructs me to ask the Government of the Netherlands 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. In asking that this request may be granted, I seize this occasion, etc., STANFORD NEWEL. [Inclosure 2.-Translation.] MINISTRY OF FOREIGN AFFAIRS, MR. MINISTER: Referring to your excellency's note of the 26th of May last, I have the honor to advise you that the Government of Her Majesty the Queen has no objection to the United States consular officers being charged with the interests of Cuba and its citizens in the Netherlands and its colonies until Cuban consuls shall have been appointed. Accept, etc., MELVIL DE LYNDEN. a See instruction, page 6. |