No. 523.
Mr. Reed to Mr.
Frelinghuysen.
Legation of
the United States,
Madrid, February 10, 1885.
(Received February 24.)
No. 308.]
Sir: I have the honor to acknowledge the receipt of
your instruction No. 302, authorizing me to accept the proposition of the
minister of state to refer to Baron Blanc, the Italian minister at Madrid,
the adjudication of the injuries and losses suffered by the owner of the
Masonic, as the result of the seizure and sale of his vessel and the
expenses occasioned by the prosecution of his claim. The instruction was
received on Saturday, the 31st ultimo, and the 1st and 2d instant being
holidays, I was unable to act upon the instruction until the 3d instant. On
that date I addressed a note to the minister of state, accepting his
proposition, which note (the minister not being in) I delivered to the
subsecretary of state in person on the same day, who promised that I should
have an immediate reply, but up to the present it has not arrived. I inclose
herewith a copy of my note.
I called the subsecretary’s attention to the fact that the decision of Baron
Blanc must be rendered within six months from the date of my note (3d
instant), and asked him if the minister of state would inform Baron Blanc of
his selection as referee, or if this must be done by us jointly. He replied
that they would have to look up some precedent as to this formality, and
again assured me that an immediate reply to my note would be sent me. Eight
days having elapsed and the reply not having been received, I have deemed it
proper to report my action in the matter without further delay.
I have seen Baron Blanc, and in informing him unofficially of his selection
as referee, he told me that he felt highly honored with the distinction and
with the confidence reposed in him by the United States, and gave me to
understand that he would accept the charge.
If within a few days I should receive no reply from the minister of state, I
will invite his attention to the subject. It is very desirable if the owner
of the Masonic has any evidence to present, that it should be sent without
delay.
I have, &c.,
[Inclosure in No. 308.]
Mr. Reed to Mr.
Elduayen.
Legation of the United States,
Madrid, February 3,
1885.
Excellency: Referring to your excellency’s note
of the 25th of November last, and to my reply of the 26th of the same
month, in regard to the case of the Masonic, I have now the honor to
inform your excellency that the Government of the United States accepts
the proposition to refer to Baron Blanc, the minister of Italy, at this
capital, the adjudication of the injuries and losses suffered by the
owners of the Masonic on account of the seizure and sale of his vessel
and the expenses occasioned by, the prosecution of his claim. I am
instructed at the same time to inform your excellency that it must be
understood that Spain recognizes its responsibility for the injuries,
losses, and expenses occasioned to the owner of the Masonic by the
seizure and sale of his vessel, and that the only subject which is to be
submitted to Baron Blanc is the ascertainment and fixing of the amount
to be paid by Spain on account of the injuries, losses, and expenses
above referred to, upon the evidence presented by His Majesty’s
Government and by the claimant, the functions of Baron Blanc to be those
only of a referee as to the amount of damages and not of arbitrator of
any question of responsibility, the latter question having been
diplomatically settled against Spain.
[Page 688]
I am also instructed to inform your excellency that it must be further
understood that Baron Blanc will render his decision within six months
from the date of this note accepting the proposition of reference, that
the amount of Baron Blanc’s award shall be in American gold, and that
the Spanish Government will pay to the Department of State in
Washington, within six months from the date of the decision, the sum
awarded by Baron Blanc, with 6 per cent, interest from the date of his
decision or award.
In communicating the above to your excellency I beg to add that I am
entirely at your disposition in the matter, and should it be necessary
will be happy to consult your excellency with regard to any preliminary
steps in reference thereto.
I gladly avail, &c.,
