Office of the Historian

Mr. Clayton to Mr. Sherman.

Legation of the United States,
Mexico, September 1, 1897.
No. 96.]

Sir: Referring to your No. 57 of July 17th ultimo, I have the honor to inclose herewith copy of my note bringing to the attention of the Mexican Government the claim of the Roman Catholic Church of California growing out of the so-called;’ Pious fund of the Californias,” and requesting that I may be informed of the purposes of the Mexican Government in relation to this claim.

I have the honor to be, sir, your obedient servant,

Powell Clayton.
[Inclosure.]

Mr. Clayton to Mr. Mariscal.

Legation of the United States,
Mexico, September 1, 1897.

Mr. Minister: I am instructed by my Government to bring to the attention of your excellency the claim of the Roman Catholic Church of California against the Mexican Government growing out of the so-called “Pious fund of the Californias.”

Of the history of this claim you are doubtless well informed. I need only refer to the findings of the American and Mexican Joint Commission under the convention of July 4, 1868, which established the following propositions:

1.
That the Roman Catholic Church of Upper California is a corporation of citizens of the United States.
2.
The obligation of the Mexican Government to pay to the bishops of California and their successors the interest on the proceeds of the property belonging to the fund, same being held in trust by the Mexican treasury for the purpose of carrying out the wishes of the founders of the fund.
3.
That the claimants are the direct successors of the bishops of California, and should, therefore, receive a fair share of the interest upon the proceeds of the fund.
4.
That the archbishop and bishops of that church are the proper parties to demand and receive it.
5.
That the case is one in which all inhabitants of the State of California, and even the whole population of the United States, are interested, and is, therefore, a proper one for the diplomatic intervention of the United States Government.

These propositions being, as it were, “res adjudicata,” and the Mexican Government having paid no interest upon the fund since the payments made under the award of the joint commission, I respectfully call your excellency’s attention to that fact, and request that I may be informed of the purposes of the Mexican Government in relation to this claim.

I have the honor to renew to your excellency the assurances of my high consideration.

Powell Clayton.