I eagerly take this opportunity, Mr. Secretary of State, to present to
your excellency the renewed assurances of my highest consideration.
[Inclosure—Translation.]
Compagnie Générale des Philippines pour le
Développement du Commerce et de
l’Industrie,
Brussels, February 12,
1901.
Mr. Minister: The board of directors of the
Compagnie Générate des Philippines pour le Développement due
Commerce et de l’Industrie, a Belgian corporation with headquarters
at Brussels, 168 Rue Royale, but duly registered and legally
recognized as a corporation in the Philippines, where it has
complied with all the requirements of the law of that country
regarding its registration, respectfully represents as follows:
- First. The company holds a large interest in various
navigation concerns in the Philippine Islands. Some of the
vessels under consideration sail under the American flag,
but it is none the less true that they represent for the
greater part Belgian interest and capital.
- Second. Under a contract signed in duplicate at Manila on
the 19th of March, 1900, one of those vessels, the Belgika, 462 tons register, No. 272
of Lloyds’ Register of British and Foreign Shipping, was
chartered to the Philippine firm Mendoza & Co., of
Manila, for a trip from Manila to Iloilo, Cebu, and any
other port in the island of Leyte at the
time open to navigation by the American
authorities, and back to Manila.
- Third. That it appears from the explanation made by the
charterers that the aforesaid steamer in the course of her
voyage entered the port of Indang on her way from Baybay
(Bag-Bag), that she cleared for Indang with her papers in
perfect order and after securing from the military commander
of the district in which the port of Indang lies (island of
Leyte) the authorization to proceed to that port.
- That the steamer Belgika entered
the port of Indang flying the American flag at her mainmast
and that the master caused a white flag to be hoisted at the
foremast in order to give evidence to the authorities and
people of the place that his intentions were entirely
peaceful and that his ship was neither an American war
vessel nor the property of insurgents; that all this,
according to the charterers, was lawful.
- Fourth. That it is none the less a fact that upon the
return of the steamer to Manila the collector of customs, on
the information given by discharged seamen, detained the Belgika and mulcted the owners, not the charterers, of the said
steamer in a fine of 125,000 francs, which, thanks to the
good offices of the consul of Belgium, was subsequently
reduced to 75,000 francs.
- Fifth. That, moreover, under the Coasting Trade
Regulations, promulgated by the American Government under
date of December 2, 1899, fines imposed for unlawful trade
must be recovered through seizure of the merchandise and not
of the ship itself.
- Sixth. That the detention of the steamer Belgika for sixteen days represents a loss of
$1,000 Mexican per diem, and completely tied up the sailing
vessels Clementia and Nueva Celestina, which could not get
out of the harbor except in tow of the Belgika.
- Seventh. That the charter party especially mentions in
clauses Nos. 1, 3, and 9 that the vessel was only chartered
under the laws and regulations of the American
Government.
- Eighth. That the fine of 75,000 francs had to be paid by
the owners in order to regain possession of the steamer, and
that they have been unable to recover from the
charterers.
- Ninth. That serious damage to Belgian interests results
from the foregoing facts. That it is shown on sufficient
evidence that the owners are in no wise at fault, and that
they have besides evinced the greatest respect for the laws
and regulations established by the Government of the United
States when they held the charterers in three articles of
the contract to observe the same.
That the moral effect sought by the American authorities in severely
punishing an offense that had been more or less proved has been
fully achieved, and that by now refunding the fine to the owners,
who have no delinquency to blame themselves with, the Government of
the United States would in no wise impair its prestige, and would do
itself an honor by an act of justice and by not discouraging
institutions aiming at the advancement of the new possessions of the
United States.
That the damage suffered by Belgian interests is not confined to the
payment of the fine, but also includes the enforced idleness of the
steamer and two sailing vessels for a prolonged period.
That the reimbursement of the fine by the alleged offender, the
charterer, is extremely doubtful, and that of the loss occasioned by
the said idleness, which can be rated at nearly 50,000 francs in
addition to the fine, is even more so.
Under these circumstances we come to you, Mr. Minister, with the
earnest prayer that you will be pleased to use your good offices
toward obtaining through the good will of the Government of the
United States, the reimbursement of the $30,000 Mexican deposited by
the owners in order to have the free use of their vessel.
We thank you in advance, Mr. Minister, and beg you to accept the
expression, etc.,
- Melot, The
President.
- N. Bekaert, The Delegated Director.
