Mr. Hay to Baron Moncheur.
Washington , October 13, 1902 .
Sir: Referring to your recent inquiries respecting the case of the steamship La Belgika, which was presented by your note of the 8th of April last, with a view to the condonation and return of the fine imposed upon that vessel for entering and trading at certain ports of the Philippine Islands, in violation of the ship’s license to engage in the coastwise trade thereof, I have to inform you that after conference with my colleague, the Secretary of War, I find that he does not deem himself competent to reverse the decision already reached.
Mr. Root holds that the order violated by La Belgika was one issued for the purpose of promoting the military operations of the forces of the United States, and the fine incurred was imposed by the commanding officer of the United States forces in the Philippines and collected and expended by the military government at a time when that government was an instrumentality of the United States for the suppression of an armed insurrection against the sovereignty and proprietary interest of the United States in that archipelago. He therefore deems himself without discretion to reverse the judgment against the vessel as an act of clemency.
Accept, etc.