Mr. Storer to Mr.
Hay.
Legation of the United States,
Madrid, December 14,
1901.
No. 590.]
Sir: It already having been known to the
Department that I had deemed it better not to present the request of
your instruction No. 343, bearing date June 10, 1901, to the Spanish
Government, until the return of the counterdraft of the treaty of amity,
I have the honor to
[Page 478]
report
that I yesterday had a long and confidential conversation with the
minister of state on the subject of your above-mentioned
instruction.
He had already been, as is known to the Department, informed of this
desire through the minister of Spain at Washington, and said that the
Spanish Government would most cheerfully and gladly undertake to do what
it could in the direction indicated, both through the correspondence
from Washington through the Duke de Arcos, and now proposed by myself.
He said there would be one or two conditions which he would feel obliged
to put in force, one being that care should be taken that the language
of the papers describing the claim transmitted to the Spanish Government
should not be of such a character as to be needlessly offensive or
hostile either to the Spanish Government or to its administration in its
former colonies. He said that some of the papers transmitted by the Duke
de Arcos were worded in such a way as to render it necessary that he
should make this condition.
The result of our conversation was that I should formally, without delay,
address him officially the request in full, at the same time indicating
the plan of procedure suggested, and both by himself and myself
considered the most practical.
This I have done at once, and am to receive an official reply without
delay, giving the conditions or any possible limitations which the
Spanish Government may find itself obliged to make.
I should add that, so far as the minister of state represents the Spanish
Government, our request will be met in the best spirit, with every
intention to carry it out in the way most satisfactory to the legal
representatives of the United States before the commission.
I transmit herewith a copy of the letter I am to-day addressing to the
minister of state, and so soon as an answer is received I will report it
to the Department for the use of the commission.
I have, etc.,
[Inclosure.]
Mr. Storer to
the Minister of State.
Legation of the United States,
Madrid, December 14, 1901.
No. 287.]
Excellency: Whereas the commission
appointed by the President of the United States to examine and pass
upon all claims for which the United States has made itself
responsible under Article VII of the treaty of Paris has already
begun its labors, I have the honor to inform you that I am
instructed by my Government to ascertain whether the Government of
His Majesty would be willing to afford the United States such
assistance as may seem right and appropriate in the defense of
claims which are now being presented by United States citizens
before the said commission.
My Government hopes that this request will be looked upon as one
falling within the scope of international comity between friendly
nations and in furtherance of justice in giving information which
will enable the commission to allow with safety all well-founded and
just claims, as well as to reject such as are pushed without good’
cause or to an exaggerated extent.
Feeling confident myself that this request is one which will commend
itself to the good feeling and discretion of the Government of His
Majesty, I venture even now to outline a practical method which
would, in the opinion of my Government, effectively bring about the
desired results.
It is suggested that the United States Government should submit,
through its representative at Madrid, to the Government of His
Majesty, through the ministry of state, over which you so worthily
preside, a clear and succinct statement of the petition
[Page 479]
of each claimant as it is
filed before the Commission of Claims at Washington, accompanying
this with a memorandum of all additional information relating to and
affecting such claim which may be found within the control of the
Government of the United States.
At the time of this submission the Government of the United States
will request of the Government of His Majesty to investigate all the
facts connected with the claim in question which may in anyway tend
to throw light upon its merits or upon the amount justly due; and
that through the ministry of state there should be transmitted to
the representative of the United States at Madrid a confidential
memorandum indicating any and all defenses, both on the merits or in
the amount of the claim, which the Spanish Government would have
been able to make thereto had not all such claims been assumed by
the United States under the treaty of Paris; and also such further
suggestions and indications as the officials of the Government of
His Majesty charged with this matter, in their discretion, may deem
pertinent to the defense against such claim by the United
States.
May I ask your excellency’s consideration of this plan and request
that I may be informed as to what changes, in principle or in
detail, by which, in your discretion, it would be rendered in any
way more practical or sure. I also beg your excellency will inform
me under what conditions or restrictions the Government of His
Majesty will find themselves able to comply with the request I have
had the honor to lay before you.
I take this occasion, etc.,
