Count Lichtervelde to Mr. Hay.

[Translation.]

Mr. Secretary of State: Under instructions of my Government I have the honor to submit to your excellency’s favorable consideration the inclosed reclamation of the Compagnie Générate des Philippines pour le Développement du Commerce et de l’Industrie, a Belgian corporation legally recognized in the Philippines. That letter sets forth the facts as well as the reasons which, according to the parties in interest, justify the refundment of the fine.

I eagerly take this opportunity, Mr. Secretary of State, to present to your excellency the renewed assurances of my highest consideration.

Lichtervelde.
[Inclosure—Translation.]

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.