No. 561.
Mr. Foster to Mr.
Bayard.
[Extract.]
Legation of
the United States,
San
Ildefonso, August 24, 1885.
(Received September 8.)
No. 396.]Sir: In execution of your instruction No. 385, of
the 5th instant, I now report that I have sent to the Spanish minister of
state a note, of which a copy is inclosed, notifying him of the acceptance
of the award of the Italian minister in the case of the Masonic as a final
disposition of the same.
I have further to report that under date of the 18th instant the minister of
state has informed me that his colleague, the minister of ultramar, has
given instructions to the governor-general of the Philippine Islands, which
contemplate the payment of the award before the expiration of the six months
from its date as fixed in the agreement of arbitration, thereby saving to
the Spanish Government the item of interest for the unexpired term. A copy
and translation of the minister’s note are inclosed.
In acknowledging the minister’s note I stated that I had no doubt the action
contemplated would be acceptable to our Government.
* * * * * * *
I am, &c.,
[Inclosure 1 in No. 396.]
Mr. Foster to Mr.
Elduayen.
Legation of the United States,
San Ildefonso, August 20,
1885.
Excellency: In due time I transmitted to my
Government a copy of your excellency’s note, in which you informed me
that His Majesty’s Government accepted the award of his excellency Baron
Blanc, the Italian minister at this court, in the case of the Masonic as
final and conclusive.
I am happy to inform your excellency that I am now in receipt of
instructions from the Secretary of State at Washington, directing me to
declare to your excellency that my Government on its part also accepts
said award as final and conclusive.
I embrace, &c.,
[Inclosure 2 in No.
936.—Translation.]
Mr. Elduayen to Mr.
Foster.
Ministry of State,
San
Ildefonso, August 18,
1885.
Excellency: I have the honor of acquainting
your excellency with the fact as my colleague, the minister of ultramar,
informs me under date of the 4th instant, that it is stated to the
governor-general of the Philippine Islands that by a royal decree
[Page 755]
of judgment of the chamber of
contentious suits of the council of state of the 16th of October, 1884,
the decision was affirmed which the section of contentious suits of the
council of administration of that island rendered on the 9th of June,
1883, condemning the administration of state to the return of the fine
imposed by the central custom-house on the 6th of February, 1879, and
affirmed by the decision of that in-tendency of the 26th of March
following, upon Osman P. Nichols, captain of the North American bark
Masonic, and likewise to the payment of the damages and injuries which
he may duly prove to have sustained.
To decide as to the amount of this indemnification, the Governments of
His Majesty and of the United States agreed to submit the question to
the arbitral decision of the minister plenipotentiary of the King of
Italy at this court, and by the decision of the 27th of June last, said
minister has declared that the sum which ought to be paid by the Spanish
treasury as indemnification to the owner of the Masonic, including both
principal and interest to the date of this decision, is $51,674.07. In
consequence of this, and seeing that the said amount admitted bears
interest at 6 per cent, per annum from the date of the arbitral decision
until the day on which the cash payment is made, and that this
obligation is provided for by a credit of $53,500 in article 1, chapter
4, of section 2, “state,” of the existing budget of the Philippines, he
may arrange that the immediate possession by that treasury may be had by
means of a draft on a commercial center of the United States to the
order of the minister plenipotentiary of Spain in Washington for an
amount including the $51,674.07 plus the interest on the latter at 6 per
cent. per annum from the 27th of June last to the day fixed in the draft
for its expiration and final payment at the point of its destination;
his attention being called to the fact that payment is obligatory within
the space of six months from the date of the arbitral decision, and that
it is advantageous for the Treasury to shorten the period of interest.
The draft should be transmitted to the Spanish minister in Washington in
order that he may indorse it to the Federal minister of state, according
as he will be opportunely advised.
I gladly avail, &c.,
[Inclosure 3 in No. 396.]
Mr. Foster to Mr.
Elduayen.
Legation of the United States,
San Ildefonso, August 22,
1885.
Excellency: I have the honor to acknowledge the
receipt of your excellency’s note of the 18th instant, in which you
communicate to me the resolution taken by your worthy colleague, the
minister of ultramar, for the payment of the amount awarded to the owner
of the Masonic by his excellency the minister of Italy, by which it is
contemplated to shorten the period of six months, within which it was
agreed the payment should be made in Washington.
I will lose no time in making known to my Government the measures
proposed to be taken for this purpose, which I have no doubt will be
found acceptable to it.
I improve, &c.,
