No. 291.
Mr. Cushing to Mr. Evarts.
Legation of
the United States,
Madrid
,
March 30, 1877.
(Received April 16.)
Sir: My telegram of the 28th instant will have
advised you of the payment to me by the Spanish Government of the one-half
of the amount awards thus far made by the claims commission constituted by
invention of February 12, 1871, between the United States and Spain.
I now proceed to communicate to you a succinct account of this
negotiation.
Mr. Fish’s instructions to present the awards for payment, dated December 12,
1876, reached me on the 27th of that month. But telegraphic and other
instructions had peremptorily presented to me the duty of £ up and disposing
of the question of criminal procedure in Cuba immediately after the
conclusion of the negotiation for a treaty of extradition, which, of course,
was done to the exclusion of any other matter of is controversy.
The treaty of extradition was signed and sent off on the 5th of January. On
the next day the consideration of the criminal-procedure question was taken
up by the then minister of state (Mr. Calderon y Collantes) and myself, and
we arrived at a substantial conclusion on the but the precise form of
redaction proposed remained to be considered by the State Department, and
the interchange of telegrams on this point between the Department and the
legation protracted the negotiation until the 4th of February, when the
protocol disposing of the subject was at length concluded, as the Department
was advised by my No. 1161 of February 4, 1877.
Thereupon I took up the subject of the awards, and addressed to the minister
of state (Mr. Silvela, who had meanwhile taken the place of Mr. Calderon y
Collantes) my note of the 6th of February, 1877, transmitted to the
Department with my No. 1170 of February 9. I delivered that note in person
to Mr. Silvela, and urged him, with pertinent reasons, to give to it early
attention.
But meanwhile the preparations for the King’s voyage of inspection of the
ports of the Mediterranean were going on, and at last he departed from
Madrid, with arrangement that one after another of the ministers should
accompany and follow him; and, on its being announced that the minister of
state was to leave Madrid, I became uneasy, and made such representations to
him on the subject that, admitting unreservedly the obligation of Spain in
the premises, he referred me to the minister of ultramar as having received
authority to act in the premises in his behalf. This was on the 24th of
February.
[Page 498]
I immediately sought and obtained an interview with the minister of ultramar,
Mr. Martin de Herrera, who also informed me that the Spanish Government
fully admitted the obligation, but desired indulgence as to the time of
payment, proposing to give to the United States transferable international
engagements, payable in a series of years. I received this proposition, of
course, only ad referendum, without affording any
encouragement that it would be acceptable.
We had now arrived at the 1st of March. On that day I communicated the
proposition of Mr. Martin de Herrera to the Department by telegram. Well
aware, however, that it could not be accepted by the Department, as it was
not, I concluded, in the absence of the minister of state, to confer on the
subject with the president of the council, Mr. Cánovas del Castillo, who
corresponds in function to the prime minister of Great Britain.
The result of this interview was telegraphed to Secretary Fish on the 2d, and
was responded to by him on the 3d, to the conclusion that half of the amount
of the awards should be paid in cash and half months.
I communicated this conclusion orally to Mr. Cánovas del Castillo with
suggestion that it would be creditable to the Spanish Government that it
should make the proposition, rather than to have the arrangement seem to be
imposed on that government.
In consequence, a note was addressed by me to Mr. Cánovas del Castillo on the
evening of the 3d of March, to which he replied on the 5th receiving my
response on the 6th, the three notes together constituting a confidential
agreement, in accordance with the terms prescribed Secretary Fish.
Translation of each of these notes is-affixed.
Some delay in the official consummation of this agreement was produced by the
perpetual va et-vient of the ministers between Madrid
the several sea-ports at which the King successively touched, and especially
the absence of the minister of state, and the necessity of an official note
from him in response to mine of February 26, to constitute formal
authentication of the provisional agreement made between Mr. Cánovas del
Castillo and myself. Copy and translation of that note, which came to me on
the 10th of March, are annexed.
Meanwhile the minister of ultramar, to whom the task of raising the money had
been committed, was busy in that matter and in verifying the calculation of
the sum die, which had been made in the legation and delivered to him as the
basis of payment. At length, on the 27th, Mr. Martin de Herrera notified me
that on the next day he would-be ready to make payment, as he in fact did,
on the 28th. The payment consisted, as my telegram has informed you, in a
sterling bill on the London Banking Association, limited, at fifteen days’
sight, drawn by the Bank of Castile.
Translation of the estado or statement on which
payment was made, copy and translation of the bill and its indorsement, and
copy and translation of the receipt given by me, are annexed on all which
the following explanatory observations are submitted:
- (a)
- The figures of the estado are an exact copy
of those of the statement prepared in the legation.
- (b)
- It represents the one-half of the capital of the awards, with the
interest on that half, leaving the payment of the other half, with
its interest, for September.
- (c)
- I assumed that the awards are made payable in the gold coin of the
United States carried out in sterling pounds at our standard rate of
$4.86.65 per pound, in conformity with the latest instructions of
the Department in that respect.
- (d)
- Interest is only calculated where it is designated in the
awards.
- (e)
- In two cases, Nos. 66 and 108, interest is awarded, but the rate
is not mentioned. In these, cases 6 per cent, is assumed, with right
of correction, if necessary, reserved in my receipt.
- (f)
- As the statement was drawn up on the 16th and payment was made by
a bill of the 27th, the accrued interest is to be reckoned in the
final payment.
On receiving payment, I sent to the minister of state a reply to his note of
the 8th, copy of which is annexed.
You will observe in his note reference to unadjusted claims of Spanish
subjects against the United States on account of incidents occurring during
the war of secession, as to which, knowing nothing myself and having no
instructions, it was impossible for me to go further in reply than to assume
that, when duly presented, the subject would have consideration on the part
of our government.
The bill of exchange will be dispatched to London immediately by express
messenger, indorsed to Messrs Morton, Rose & Co., as instructed by your
telegram of the 29th.
I felt much apprehension, on first calling the attention of the Spanish
Government to the subject, lest it should be objected that the awards me of
them payable until the final winding up of the commission, especially as in
some cases a year, and in others even two years, had elapsed since the
awards were made without payment having been demanded, which might have
seemed to imply that the United States did not consider it rightful to make
such demand. To be sure, I was prepared to argue this point, but the
argument, with response and counter response, might have occupied
considerable time and involved delay at of uncertain duration. However,
neither the minister of state nor the minister of ultramar, nor the
president of the council has raised this or any other technical question
during the whole course of the negotiation, which seems to me to deserve to
be taken into account cumulative evidence of the honorable spirit and
conduct of the Spanish Government in the premises.
Nothing further now seems to me as needful to be added by way of explanation
of this negotiation; and it only remains for me to say that it has been
concluded with promptness even beyond my expectations; and its results will,
it is hoped, commend themselves to the approbation of the President.
I have, &c.,
[Inclosure A in No.
1211.—Translation.]
Mr. Cushing to Mr.
Cánovas del Castillo.
His Excellency the President of the
Council of Ministers:
Dear Sir and of my highest consideration: I beg
you to permit me to remind you that my note addressed to the minister of
state, on the 6th of February last, respecting the awards of the
commission established by the convention of the 12th of February, 1871,
still remains unanswered, by reason, doubtless, of the absence of Mr.
Silvela from Madrid; and I venture to express the hope that, in view of
the urgent circumstances whereof you are aware, it may be convenient for
you to communicate to me the resolution of the question taken by the
Government of His Majesty.
I remain, &c.,
C. CUSHING.
Madrid
,
March 3,
1877.
[Page 500]
[Inclosure B in No.
1211.—Translation.]
Mr. Cánovas del
Castillo to Mr. Cushing.
His Excellency Mr. Caleb
Cushing:
Dear Sir: I have just received the letter which
you have had the goodness to write to me to-day, wherein you remind me
of a note which you were pleased to address to the minister of state
under date of the 6th of last month, relative to the payment, on the
part of the Spanish Government, of the reclamations, which, among
various others, of citizens of the Union, have been declared competent
and accepted by the mixed commission established by the convention of
the 12th of February, 1871.
Notwithstanding that the minister of state is at present absent, I have
occupied myself, and the Government of His Majesty has preferentially
occupied itself, with so important a matter, and I am enabled to say to
you in anticipation, without prejudice to the communication to be made
to you by the minister of state on his return in the ordinary form, that
the Spanish Government, recognizing the justice of the reclamation which
you refer, would desire, nevertheless, if that of the United States find
no inconvenience therein, to satisfy its import in the terms and forms
following:
- 1st.
- Paying forthwith one-half of the total amount of the
reclamations in question and which have been recognized.
- 2d.
- Paying the other half in six months from the time of effecting
the first payment.
It would give great pleasure to the Government of the King were that
which you so worthily represent to accept forthwith this proposition,
which, in the name of the Government of Spain, I have the honor to
present to you.
And with this motive I repeat myself your most attentive friend and
obedient servant,
- Q. B. S. M.
- A. CÃNOVAS DEL CASTILLO.
[Inclosure C in No.
1211.—Translation.]
Mr. Cushing to Mr.
Cánovas del Castillo
.
His Excellency the President of the
Council of Ministers:
Dear Sir and of my entire consideration: I have
just received with pleasure your note dated yesterday. The proposition
of payment—one-half at once and the other half in six months—comes
within the conditions fixed in the last telegrams from my government. I
therefore have authority to accept it, and I do so, in the name of the
United States, as final settlement of the pending question.
Permit me to add, for my part, that nothing could occur which would so
serve to elevate the prestige of Spain and of the government of His
Majesty in the United States and throughout America as this incident
does. It is of more value than a battle in the field, inasmuch as it is
the evident and incontestable proof that, in the midst of many
difficulties, Spain resolutely desires and well knows how to guard
intact hen traditional good faith, and to fulfill, without hesitating,
her obligations toward other i governments.
I remain your obedient, faithful servant, and sincere friend,
[Inclosure E in No.
1211.—Translation.]
Mr. Manuel Silvela
to Mr. Cushiny.
Ministry of
State,
The
Palace
,
March 8, 1877.
(Received March 10—3.30 p.m.)
Excellency:
Sir: In due time I received your excellency’s
note of the 6th of February last past, in reference to the payment, on
the part of Spain, of the awards made in favor of citizens of the United
States by the mixed commission established in consequence of the
convention settled between Spain and the Union on the 12th of February,
1871.
My absence from this court, by reason of having had to accompany His
Majesty during a part of his voyage, has been the principal cause of my
not having sooner answered your excellency’s aforesaid note; but I now
hasten to do so, ratifying to you officially that which has already, in
a confidential manner, been manifested to you by the president [Page 501] of the council of ministers,
in accord with your excellency, that the Government of His Majesty,
recognizing the justice of the reclamation presented by your excellency,
is ready to satisfy, in two installments, the sum total of the
reclamations examined and allowed up to the present time by the mixed
commission, paying forthwith the one-half of their import and the other
half in six months after having effected the first payment.
This proposition being accepted by the Government of the Union, which has
seen, doubtless, that that of His Majesty has done all which lay within
its grasp under the present circumstances for the speedy and final
settlement of the reclamations of American subjects, and this matter
satisfactorily terminated, it only remains to me to call your attention
to those of the Spanish subjects who suffered prejudices in the United
States during the war of secession—reclamations which were certainly not
rejected by the government of Washington, but their settlement merely
deferred until the termination of the war. This has fortunately come to
pass; and to-day they could be submitted to the mixed commission
established in virtue of the convention of 1871, or to another analogous
one created for the purpose, as I have had the honor to suggest to your
excellency orally before now.
But upon this matter I reserve to myself the addressing to your
excellency of a separate note, or communicating instructions to the
minister of Spain in Washington, in the assurance that those
reclamations will be heeded in justice by the Government of the Union in
like manner as those of the Americans have been heeded by Spain.
I take this opportunity of reiterating to your excellency the assurances
of my most distinguished consideration.
The Minister Plenipotentiary of the United
States.
[Page 502]
[Inclosure F in No.
1211.—Translation.]
Calculated table of capitals and interests awarded
as indemnification to North American citizens by the commission of
arbitrators in Washington, showing, up to the sixteenth day of
March, 1877, the one-half payable in cash in
conformity with the resolution of the ministers, of the 6th, and in fulfillment of the
accord of the 22nd of the same month.
| Number of
claim. |
Name of
claimant. |
Date of
award. |
Terms of
interest. |
Time of interest. |
Amount
awarded. |
Half of
the amount awarded. |
Interest
on half of the award. |
Total of
one-half of award with the interests. |
Equivalent in
storing at $4.86.65 |
|
|
|
|
Years. |
Months. |
Days. |
|
|
|
|
£. |
s. |
d. |
| 1 |
Henry Story |
Jan. 4, 1874 |
None |
|
|
|
$1.200 00 |
$600 00 |
|
$600 00 |
123 |
5 |
10 |
| 4 |
Peter Moliere |
Nov. 2, 1875 |
Six per cent., September 1, 1870, to
payment. |
6 |
6 |
15 |
3,000 00 |
1,500 00 |
$588 70 |
2,088 70 |
429 |
4 |
|
| 5 |
James M. Edwards |
Dec. 20, 1875 |
None |
|
|
|
5,000 00 |
2,500 00 |
|
2,500 00 |
513 |
14 |
4 |
| 13 |
Joaquin G. de Angarica |
Nov. 2, 1875 |
Six per cent., November 1, 1875, to
payment. |
1 |
4 |
15 |
748,180 00 |
374,090 00 |
30,849 62 |
404,939 62 |
83,209 |
12 |
5 |
| 14 |
Gideon Lowe & Co |
Dec. 12, 1874 |
Six per cent., January 10, 1869, to
December 12, 1874 |
5 |
11 |
2 |
175 00 |
87 50 |
31 10 |
118 60 |
24 |
7 |
5 |
| 23 |
José Vicente Brito |
Nov. 14, 1874 |
Six per cent., February 12, 1869, to
November 14, 1874. |
5 |
9 |
2 |
600 00 |
300 00 |
103 60 |
403 60 |
82 |
18 |
8 |
| 31 |
Joaquin M. Delgado |
Feb. 27, 1875 |
Eight per cent., May 5, 1869, to
February 24, 1875. |
5 |
9 |
19 |
113,360 00 |
56,680 00 |
26,308 84 |
82,988 84 |
17,053 |
1 |
8 |
| 41 |
José de Jesus H. y Macias |
June 26, 1875 |
None |
|
|
|
3,000 00 |
1,500 00 |
|
1,500 00 |
308 |
4 |
7 |
| 66 |
Gonzalo Poey |
Apr. 8, 1876 |
Six per cent. October 16, 1872, to
payment. |
4 |
5 |
|
313 75 |
156 87½ |
41 57 |
198 44½ |
40 |
15 |
7 |
| 87 |
Joseph Griffen |
Apr. 10, 1875 |
None |
|
|
|
500 00 |
250 00 |
|
250 00 |
51 |
7 |
5 |
| 108 |
Charles Jemot |
Apr. 8, 1876 |
Six per cent., December 4, 1869. to
payment. |
7 |
3 |
11 |
5,000 00 |
2,500 00 |
1,092 02 |
3,592 02 |
738 |
2 |
3 |
|
Total |
|
|
|
|
|
880,328 75 |
440,164 37½ |
59,015 45 |
499,179 82½ |
102,574, |
14 |
2 |
[Page 503]
As representative of the United States of North America, accredited near
the Government of his Catholic Majesty, I declare that I have this day
received the sum of one hundred and two thousand five hundred and
seventy-four pounds sterling fourteen shillings and two pence in a bill
upon London, at fifteen days’ sight, to the charge of the London Banking
Association, of date 27th instant, acknowledging myself satisfied in the
name of the government of my nation by the first installment of the
indemnification declared up to the present time by the arbitrators,
without prejudice to making the correction, on effecting the payment of
the second installment, if the interests set down in the foregoing
calculation to the credit of Gonzalo Poey, designated by the number 66,
and of Charles Jemot, No. 108, be greater or less than the six per cent,
calculated therein, as likewise to the inclusion in the payment of the
second installment, the interest accrued from the 16th of the current
month, referred to in this calculation, made up to the present time.
Madrid
, March 28, 1877.
CALEB CUSHING,
Minister of the United
States.
