Mr. Clayton to Mr.
Hay.
Embassy
of the United States of America,
Mexico, March 27,
1902.
No. 1311.]
Sir: Referring to Department’s instructions
Nos. 635 and 664, of January 23 and March 13, 1902, respectively,
concerning the proposed arbitration between the United States and Mexico
of the claim known as the “Pious Fund of the Californias.”
[Page 781]
Immediately upon receipt of the first-named instruction, I addressed a
note to Minister Mariscal, under date of January 29 last (copy
inclosed), informing his excellency of the desire of my Government to
have the case submitted to arbitration under article 32 of The Hague
Convention. A day or two afterwards I called upon him, and in our
conversation referred to the subject. He replied that the proposition
was acceptable, and that he would communicate with me in writing to that
effect in a very short time.
Mindful of the desirability of early action, I have, since that time,
frequently called the minister’s attention to the matter, receiving a
reply each time that it would be attended to in a few days.
Upon receipt of the Department’s last-mentioned instruction, I again
called upon the minister, but upon being informed by Under-Secretary
Algara that he would not be in his office that day, I returned to the
embassy and addressed a communication to Mr. Algara (copy inclosed),
requesting that it be handed to the minister, and expressing the views
of the Department as to the desirability of the United States and Mexico
being the first States to submit a contention to The Hague Tribunal.
The long-looked-for reply of the foreign office came yesterday, under
date of the 24th instant (copy and translation inclosed), from which it
will be seen that the proposition of the United States Government has
been accepted by the Mexican Government and that the proper instruction
has been sent to Ambassador Aspiroz in the premises.
I have the honor to be, sir, your obedient servant,
[Inclosure 1.]
Mr. Clayton to
Mr. Mariscal.
Embassy of the United States,
Mexico, January 29, 1902.
Mr. Minister: Referring to the agreement
heretofore reached by your excellency and myself for the submission
to arbitration of the claims of the Roman Catholic Church of
California against Mexico, growing out of the “Pious Fund of the
Californias,” I now have the honor to inform your excellency that I
am directed by the Department of State to say that the Government of
the United States would be pleased to have the case submitted to
arbitration under Article XXXII of The Hague Convention. If this
proposition is accepted by Mexico, the bases of the arbitration
agreement having already been settled, the Department will then
proceed to select arbitrators on its part; and Mexico having done
the same, it will then be in order to prepare for signature the
agreement of arbitration.
Awaiting your excellency’s reply as to whether the foregoing
proposition is acceptable to the Mexican Government, I have the
honor to renew the assurance of my high consideration.
[Inclosure 2.]
Mr. Clayton to
Mr. Algara.
Embassy of the United States,
Mexico, March 20, 1902.
Dear Mr. Algara: Please hand to Mr.
Mariscal for his information the following extract from the
instruction from the State Department which I showed you to-day.
“Referring to the claim known as the ‘Pious Fund,’ the President
feels that it would especially redound to the credit of the United
States and of Mexico if the two
[Page 782]
North American Republics might be the first
States to submit to The Hague Tribunal for determination by it of an
international controversy. The Department has no doubt that
President Diaz would share in the pleasure which all Americans would
feel in the high example thus set by two of the leading republics of
this hemisphere.” * * *
If this suggestion is favorably received by the Mexican Government
the advantage of the United States and Mexico being the first of the
American republics to resort to The Hague Tribunal for the
settlement of controversies may be lost by delay.
Very respectfully, yours,
[Inclosure 3.]
Mr. Mariscal to
Mr. Clayton.
Department of Foreign Affairs,
Mexico, March 24, 1902.
Mr. Ambassador: I have received the note of
January 29 last in which your excellency was pleased to say that the
Governments of Mexico and the United States having agreed to submit
the claim of the Roman Catholic Church of California against the
Government of Mexico to the Permanent Court of Arbitration of The
Hague, the Government of the United States desires that the
appointments and the formation of the tribunal of arbitration be
made under article 32 of The Hague Convention of 1899.
In reply I have the honor to say to your excellency that I fully
agree to the proposition of the Government of the United States, but
as article 31, chapter 3, title 4, of the resolutions of The Hague
Convention, relating to international arbitration, requires that the
powers that appeal to it shall sign, before all, an agreement
(compromis) in which they shall specify the object of the
litigation, the extent of the powers of the arbitrators, and all
else necessary for the pronunciation of the arbitral decision,
proper instructions have been transmitted on this date to the
Mexican ambassador to the United States of America, Mr. Manuel de
Azpiroz, in order that he may at once sign the said agreement with
the State Department, which having been done, the former may be
begun to be carried into effect to the end that at the proper time,
the proceedings in the case having been had, the tribunal may
pronounce the decision which will put an end to the controversy
which is the subject of this note.
I renew, etc.
