Mr. Curry to Mr. Bayard.

No. 320.]

Sir: In my 315 of April 25 I had the honor to inclose a copy of a note addressed to the minister of foreign affairs, expressing surprise and regret at the non-inclusion of the Mora claim in the then recently [Page 372] presented Cuban budget. I now have the honor to inclose his reply to my note and a translation thereof, and also my acknowledgment of the note. The reply of Mr. Moret mayor may not be satisfactory, according to the standpoint from which it is viewed. Construed in one sense it may not involve delay in the payment of the indemnity beyond what was stipulated in the agreement. How far a fear of an adverse vote in the congress or of a ministerial crisis in the event of a defeat on the; proposition to pay may operate on the ministry and control their future action is a matter of conjecture. Obviously the Government of the United States can not regard their acceptance of the proposition to indemnify Mora by the payment of $1,500,000 other than as a solemn and completed agreement, made not with a minister but with the Government.

I have, etc.,

J. L. M. Curry.
[Inclosure 1 in No. 320—Translation.]

Señor Moret to Mr. Curry.

Excellency: In reply to the dispatch which yon were good enough to address to me on April 24, I have the honor to inform you that the Government did not introduce into the budget of the island of Cuba the article inserted in the budget of last year for the execution of what was agreed upon with your Government, in reference to the indemnities of American subjects (citizens), nor has it introduced any new clause; for that purpose lor the reasons which I hope your excellency will appreciate at their full value.

The Government has been obliged before everything to pay attention to the result of the discussion in the Congress of Deputies during the months of December and January. The result of this long and minute debate was the conviction that the Chamber (House) was not disposed to sanction what had been done by the Government, unless the totality of the American claims was settled and liquidated, so that there might be a definite disposal both of the claims held by the United States against Spain which have been the subject of our negotiations, and of those held by Spain against I the United States which are being negotiated in Washington.

Given this situation (state of the case), and the opinion expressed by the different groups of the House, the reproduction of that measure, with the completeness (of detail) required by the Parliament, would have assuredly provoked a negative vote of the House, prejudicial to the very purposes which inspired the note of your excellency which I have the honor of answering.

On the other hand, as the proposition made to me by your excellency on the 15th of December last is in the way of discussion (is well on towards discussion) proposition in which the Government of the United States as a consequence of our negotiations formulated the basis of a general arrangement which should terminate all the claims existing between the two Governments, and, as authorized by your excellency for the purpose, I have reported it to the Congress, it would not be prudent to ask for the appropriation necessary for paying the claim of Antonio Maximo Mora, without accompanying it by some analogous find reciprocal resolution in reference to the totality of the claims, sufficient to terminate the question entirely.

The urgency of the parliamentary business with which I have had to occupy myself has prevented my replying to the note referred to. I shall have-the honor off doing so within a very few days.

It is likewise my duty to add that for the purposes indicated it is of no importance nor is there any obstruction in the fact that the clause referred to by your excellency has not been entered in the budget of Cuba, because the Government can at anytime present a project of law (bill) to the Chambers and ask for the means necessary for the purpose.

On terminating in this manner the reply to your note of April 24, I desire in everyway to make it evident that the Government neither proposes nor assumes to alter in anything what has been agreed upon with the Government of the United States, but for the very reason that it respects scrupulously its engagements, it must appreciate the manner and the moment in which, considering the parliamentary antecedents [Page 373] of the question, it may be most opportune to propose a resolution to the Congress with probability of success. Being assured that in any other way any resolution which has not the generic and total character which I have indicated would be rejected in the Congress, the Government could not expose itself to a refusal, which would complicate and prolong the question, instead, of terminating it for the good of both countries and in the manner desired by both.

I trust that these considerations will completely satisfy your excellency and will give to your Government the assurance that the Government of the Queen Regent does not modify nor alter the attitude adopted on this subject.

I gladly avail myself of this opportunity to reiterate to your excellency the assurances of my highest consideration.

S. Moret.

To the Minister Plenipotentiary of the United States.

[Inclosure 21 in No. 320.]

Mr. Curry to Señor Moret.

Excellency: I have the honor to acknowledge the receipt of your excellency’s note of the 12th instant, in which with much kindness you explain why the Government of Spain did not introduce into the Cuban budget an article for “the execution of what was agreed upon” with the Government of the United States in reference to the indemnity of Antonio Maximo Mora.

My notes of December 15, 1887, of March 5, 1888, and of April 24, 1888, make it unnecessary to enter into any review of the agreement, about which there seems to be no difference of opinion between the two Governments. What your excellency is pleased to say in reference to “some analogous and reciprocal resolution in reference to the totality of the claims,” held respectively by Spanish and American citizens, is a matter of parliamentary procedure, of administrative policy with which the Government of the United States has no right to interfere, nor any disposition to make a suggestion. The Government of the United States will observe with peculiar satisfaction that there is no “obstruction” to the execution of the agreement between the two Governments “in the fact that the clause referred to” in my note has not; been entered in the budget of Cuba because the Government can at any time present a project of law to the Chambers and ask for the means necessary for the same.”

That the Government “neither proposes nor assumes to alter in anything what has been agreed upon with the United States” is what any one familiar with the exalted character of the Spanish Government would have readily foreseen. The conscientiousness of your excellency, the consistency of all your utterances in connection with this agreement, the fidelity of the Government to its engagements, enable me, with much cheerfulness to comply with your excellency’s request to give to my Government “the assurance that the Government of the Queen Regent does not modify nor alter the attitude adopted, on this subject.”

Your excellency’s note will be communicated promptly to the Government at Wash ington, and I gladly seize this new opportunity of renewing to your excellency the assurances of my most distinguished consideration.

J. L. M. Curry.

Excmo. Señor D. S. Moret, etc.