No. 628.
Mr. Valera to Mr. Bayard.
[Translation.]
Legation of Spain at Washington,
February 19, 1886. (Received February
20.)
The undersigned, envoy extraordinary and minister plenipotentiary of
Spain, begs the honorable Secretary of State to permit him to call his
Attention to the claim of Messrs. Larrache & Co., successors to the
Spanish firm of Maza & Larrache, which has for some time been
pending before his Department.
By the notes from this legation of the 2d and 10th of December, 1884, it
will be seen that the undersigned, in pursuance of special instruction
from his Government, presented the claim in question to the Department
of State in the name and in behalf of the Government of Spain, and
requested that due reparation should be made for the injuries and losses
occasioned to the said Spanish firm by the authorities and agents of the
United States Government, who, in obedience to the express orders of
their Government, had seized and appropriated to its use and benefit
some 1,369 bales of cotton belonging to the aforesaid firm.
This legation’s notes of December 29, 1884, February 7 and March 10,
1885, were accompanied by testimony showing that the said cotton was the
legitimate property of the aforesaid firm j that it was seized by the
authorities and agents of the United States Government; that it was sold
and appropriated to the use and benefit of the said Government, and that
the aforesaid Spanish firm had never been indemnified for that seizure,
appropriation, and sale.
The undersigned, in obedience to the instructions of his Government,
again called the attention of the honorable Secretary of State to this
claim on the 15th of November last, setting forth its strict justice and
also the equitable manner in which the Government of Spain had recently
responded to the demands made by that of the United States in behalf of
one of its citizens whose property had been seized by the Spanish
authorities, and asked that this claim of the firm of Larrache & Co.
might be taken into consideration, and that speedy measures might be
adopted looking to the granting of an indemnity which was justly due and
which had been long deferred.
The undersigned has not yet received a reply to his last note. He is
aware that there are many urgent demands upon the time of the honorable
Secretary of State, and that they doubtless compel him to delay his
reply, but, in view of the insistence of his Government and of his own
desire that this matter may be speedily and satisfactorily settled, he
begs the honorable Secretary to pardon him for again calling his
attention to the just claim of Larrache & Co.
In so doing he avails himself of this occasion to transmit to the Hon.
Thomas F. Bayard the affidavits of Messrs. L. M. de Avendano and C.
Maduell, members of the old and well-known firm of Avendano Brothers, of
New Orleans, Spanish’ subjects, whose disinterestedness and good faith
can not be questioned. In these affidavits these gentlemen confirm,
[Page 1004]
from their personal
knowledge of the matter, the statements heretofore made by this legation
to the Department of State relative to the possession of the cotton by
the firm of Maza & Larrache, to the seizure and appropriation of the
same by the agents of the United States Government, and to the fact that
the aforesaid firm has vainly endeavored to recover the cotton or its
value.
The affidavits in question show, moreover, in detail, what earnest
efforts were made by the representatives and agents of the, firm,
immediately after the seizure of the cotton and for many years
subsequently, to recover the proceeds of the sale thereof, with
interest, from the United States Government.
In connection with the forgegoing facts the undersigned deems it his duty
to invite the attention of the honorable Secretary of State to a few
brief considerations which give to this case a character of exceptional
justice.
The seized cotton was the property of Spanish subjects, who had purchased
it while carrying on the usual and legitimate operations of their
commercial establishment. It was confiscated by agents of the United
States Government, in obedience to orders issued by the Treasury
Department of said Government. Those agents took this course in
pursuance of a general policy, and by no means on account of charges of
disloyalty against the members of the firm of Maza & Larrache, or of
illegal acts committed by them.
It was not confiscated owing to a military necessity, nor was that
measure required by the usual operations of war, because the seizure
took place after hostilities had ceased and the supremacy of the Federal
Government had been re-established.
It is, moreover, a well-known fact that the cotton was sold by the agents
of the aforesaid Department, and that the proceeds of the sale were
deposited in the vaults of the Treasury. The United States Congress,
recognizing the justice of the claims of its own citizens for similar
property seized in this manner, enacted certain provisions to the end
that claimants might recover the value of their property, and a large
number of them have been indemnified for their respective losses.
Besides, it is known that the proceeds of the sale of the seized cotton
are now deposited in the Treasury of the United States, so that it may
be truthfully asserted that the value of the bales taken from the
Spanish firm of Maza & Larrache, in 1865, is still in the United
States Treasury, notwithstanding the constant efforts of the said firm
to recover it.
In view, therefore, of these facts, of the earnest wish of the Spanish
Government to secure indemnity for its subjects, and of the evidences of
a desire to do justice with which that Government has recently responded
to the demands of that of the United States, the undersigned reiterates
to the honorable Secretary of State his request that the claim of
Messrs. Larrache & Co. may be taken into special consideration, and
that suitable measures may be adopted for making speedy and just
reparation.
The undersigned gladly avails himself, etc.,
[Inclosure 1.]
Deposition of Luis Maria de
Avendano.
Personally appeared before me, James Fahey, a notary public in and
for the parish j of Orleans, city of New Orleans, State of
Louisiana, Luis Maria de Avendano, who being by me duly sworn,
deposes and says:
I was born in Liendo, Kingdom of Spain, on the 14th day of the month
of February, 1840; am a subject of Spain, and have resided in the
city of New Orleans, State of Louisiana,
[Page 1005]
since the year 1860, engaged in commercial
pursuits as a member of the firm of Avendano Brothers. The house or
commercial firm of Avendano Brothers has had business relations with
the Spanish house of Maza, first at Catorce, in the State of San
Luis Potosi, Republic of Mexico, and after it was united with that
of Larrache in the city of San Luis Potosi, and with the branch of
Maza & Larrache at Matamoras, Mexico, since the year 1860. From
that date to the present Avendano Brothers have been the
correspondents and in commercial relations with said house and that
of Larrache & Co., who are the successors and legal
representatives of Maza & Larrache. Don Gregorio de la Maza, now
resident in and a subject of Spain, is a member of said firm of
Larrache & Co. and the chief silent partner. On account of the
intimate relations which Avendano Brothers maintained with said firm
of Maza & Larrache, I know that during the years from 1862 to
1865 said latter firm made large purchases of cotton in the States
of Texas and Louisiana through their representative and agent, Don
Ezequiel Bustamante, now also a resident in Spain, and with whom I
was personally well acquainted. I also know that at the close of the
war of the rebellion, in 1865, some 1,369 bales of cotton, the
property of said Maza & Larrache, were seized and taken at
Shreveport, La., from the possession of the said Bustamante by the
authorities of the Federal Government of the United States. I
further know that on account of said seizure the said Bustamante
came to New Orleans in 1865 and solicited the assistance and good
offices of Avendano Brothers, as the correspondents of Maza &
Larrache, for the purpose of securing the return of said cotton or
its value or proceeds. In compliance with this request, Avendano
Brothers aided the said Bustamante to the extent of their ability,
and in the course of their investigation they ascertained that the
Federal authorities had seized at Shreveport, La., and brought to
New Orleans 1,369 bales of cotton which was the property of Maza
& Larrache, and that said cotton so seized was of the value of
$700,000. But notwithstanding the said Avendano Brothers and
Bustamante made repeated demands upon said authorities to surrender
and return to the said Bustamante the said cotton, the said
authorities failed and refused to release the same or to account and
pay for its value; and I understood at the time and do believe that
said cotton was sold for the account and benefit of the Government
of the United States.
The said Bustamante having been entirely unsuccessful in the object
of his visit to New Orleans, returned to San Luis Potosi, leaving
the business in the hands of Avendano Brothers, with instructions to
them to continue the prosecution of the claim against the Government
of the United States for said cotton. Some time after the departure
of Senor Bustamante, having received new and repeated instructions
from Maza. & Larrache to renew their efforts to obtain the
return of the proceeds of said cotton from the United States
Treasury Department, Avendano Brothers, in order to execute their
instructions, employed Messrs. Sanford & Merry, of New Orleans,
to prosecute said claim, and the said gentlemen made efforts at New
Orleans to obtain a settlement of the claim, and also made a visit
to Washington for that purpose, but they also were entirely
unsuccessful in their efforts. From time to time after that date
Maza & Larrache recalled the claim to the attention of Avendano
Brothers, but the latter firm were convinced, after the unsuccessful
efforts made in 1865, that no settlement could be obtained until the
Spanish Government should take the claim under its special and
active protection, and that even then it might be greatly delayed,
as the United States had for many years refused to settle other
meritorious claims, such as those of east Florida, and hence
Avendano Brothers did not think it prudent to create new expenses
uselessly, to the injury of their correspondents.
But in the month of May or June, 1878, Don Santos Oilo, an industrial
member of said late firm of Maza & Larrache, came to New Orleans
from Mexico, and upon presenting the letter of Larrache & Co.
and their general power of attorney, conferring full authority on
him to renew the prosecution of the claim for said cotton, Avendano
Brothers delivered to the said Olio all the documents which remained
in their possession relative to the claim; and from that time they
consequently ceased to give any further attention to the subject.
And I declare that I have no interest whatever in said claim.
Sworn to and subscribed before me this 13th day of
February, 1886.
[
seal.]
Jas. Fahey,
Notary
Public.
[Inclosure 2.]
Deposition of Carlos Maduell.
Personallyrappeared before me, James Fahey, a notary public in and
for the parish of Orleans, City of New Orleans, State of Louisiana,
Carlos Maduell, who, being by me duly sworn, deposes and says:
I was born in Tortosa, Spain, on the 11th day of March, 1836; am a
subject of Spain;
[Page 1006]
have
resided in the city of New Orleans, State of Louisiana, since the
year 1853, and am a member of the firm of Avendano Brothers. I have
read the foregoing affidavit of Luis Maria de Avendano, my business
partner, which, from my personal knowledge of the business of said
firm, I know to be a true statement of facts, and I hereby ratify
and confirm the same.
Sworn and subscribed to before me this 13th day of
February, 1886.
| [seal] |
Jas. Fahey,
Notary Public. |
Personally appeared before me, James Faney, a notary public in
and for the parish of Orleans, State of Louisiana Messieurs
Aristide Delvaille and Edward Villeré, residing in this city of
New Orleans both of whom are personally known to me, who, being
duly sworn, declare that they are well acquainted with Luis
Maria de Avendano and Carlos Maduell, of the firm of Avendano
Brothers that the said firm has been established in the city of
New Orleans for many years, and has always maintained a high
commercial reputation j that they know the said Luis M. de
Avendano and Maduell to be truthful and worthy of belief, and
that full credit to their foregoing sworn statements should be
given.
A. Delvaille
.
Ed. Villeré
.
Sworn to and subscribed before me
this 13th
day of February, 1886.
[
Seal.]
Jas. Fahey,
Notary Public
