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Index

A.

  • Admission to tribunal by card 504, 864
  • Alemany et al. v. Mexico, certified copies in the case of, presentation to the tribunal 507
  • American agent. See Ralston, J. H.
  • Annex of the Mexican answer, Pleito de Rada, presentation to tribunal of 507
  • Answer of Mexico:
    • In Spanish 30
    • In French 43
    • In English 68
    • Delay in filing of 508
    • Presentation to tribunal of English translation of 508
    • Filing in Spanish and French promised by Mexican agent 523
    • In Spanish and French filed 867
  • Appendix to Record:
    • Treaties between United States and Mexico—
      • February 2, 1848 114
      • July 4, 1868 137
      • April 19, 1871 145
      • November 27, 1872 147
      • November 20, 1874 150
      • April 29, 1876 154
    • Protocol submitting “Pious Fund” claim 157
    • Regulations under convention of July 4, 1868 166
    • The Hague Peace Convention 169
  • Arguments. See Orders of court and Debates.
  • Asser, T. M. C.:
    • Appointment of, by Mexico as arbitrator 503, 862
    • Discussion as to filing American replication 513
    • Questions as to date of law of prescription 687
    • Questions as to case of Nobile v. Redman 695
  • Avila, Eleuterio:
    • Argument for defense before umpire 450
    • Petition for rehearing 461
    • Argument for rehearing 467
  • Award, former, discovery asked by and granted to Mexico in regard to proceeds of 524, 527
    • Telegram showing date of last payment on account thereof 820
  • Award of tribunal 857, 875
    • English translation of 15

B.

  • Beernaert, M.:
    • Appointment of, as counsel of Mexico 504, 863
    • Letter relating thereto 507
    • Comments as to character of dossier prepared in Washington 564
    • Remarks concerning postponement of M. Descamps’s argument 611
    • “Conclusions” of Mexico presented to court by 668, 870
    • Argument, opening of (September 27, morning) 712, 871
    • Argument (September 27, afternoon) 729, 871
    • Application for adjournment 818, 873
    • Réplique (October 1, afternoon) 843, 874
  • Briefs:
    • Statement and brief on behalf of the United States (J. H. Ralston and W. L. Penfield) 197
    • Statement on behalf of the United States (William M. Stewart and C. J. Kappler) 245
    • Points submitted by Messrs. Doyle and Doyle 262
    • Supplemental brief on behalf of the United States (Mr. Garret W. McEnerney) 283
    • Observations on answer of Mexico (Messrs. Doyle and Doyle) 335
    • Of agent and counsel of the United States, submission to tribunal of 510
    • Of Doyle and Doyle, submission to tribunal of 510
    • Of William M. Stewart and C. J. Kappler, submission to tribunal of 510

C.

  • Catholic Register, presentation to tribunal of 507
  • Certified copies of record in the case of Alemany et al. v. Mexico, presentation to tribunal of 507
  • Ciénega del Pastor:
    • Copy of deed of 90
    • Presentation to tribunal of certified copy of deed of, and printed copy 507, 509

D.

  • Debates:
  • Delacroix, M.:
    • Appointment of, as counsel for Mexico 863
    • Delay in presentation of documents asked by 508
    • Commencement of argument of (September 23, afternoon) 628, 869
    • Continuation of argument of (September 24, morning) 647, 869
    • Continuation of argument of (September 24, afternoon) 668, 870
    • Conclusion of argument of (September 26, afternoon) 688, 870
    • Réplique (October 1, morning) 821, 874
  • Descamps, M. le Chevalier:
    • Appointment of, as counsel of the United States 504, 863
    • Letter relating thereto 507
    • Application on behalf of, for delay in argument 611
    • Application for leave to address the court in closing for the United States, and permission therefor 752, 871
    • Argument of (September 29, morning) 769, 872
    • Continuation of argument of (September 29, afternoon) 775, 872
    • Conclusion of argument of (September 30, morning) 790, 873
    • Deposits with tribunal Salva’s French-Spanish Dictionary 873
  • Diplomatic correspondence, presentation of 507
  • Discovery by Mexico:
    • Demand by American agent for 508
    • Inquiry by American agent, in open court, as to reply to demand for 820, 873
    • Reply thereto by Mexican agent 841, 874
  • Discovery by United States:
    • As to Indian population of California and christianized Indians 425
    • Made as to disposition of former award 524, 527
    • As to christianized Indians in California 688, 870
    • Affidavit of Rev. P. W. Riordan relating to discoveries 433, 819, 874
  • Documents, Mexico’s delay in presentation to tribunal of (see Evidence) 508
  • Dossier filed by United States declared open to defendant 866
  • Doyle and Doyle, submission to tribunal of brief of 510
  • Doyle, John T.:
    • Deposition of, with exhibits 399
    • Presentation to tribunal of deposition of 507
    • Presentation to tribunal of printed copy of deposition of, with exhibits 766
    • Discussion as to right to present same 766, 767
  • Doyle, W. T. S.
    • Appointment of, as counsel of the United States 504, 863
    • Letter relating thereto 507
[Page 883]

E.

  • Escritura de venta, copy of 90
    • Demand made for production of 508
  • English language, use of, permitted 504, 864
  • Evidence:
    • Annex of Mexican answer, presentation to tribunal of 507
    • Catholic register, presentation to tribunal of 507
    • Certified copies in case of Alemany et al. v. Mexico, presentation to tribunal of 507
    • Certified copies of diplomatic correspondence, presentation to tribunal of 507
    • Succession of bishops of California, presentation of proofs of 507
    • Testimony of Most Rev. Patrick W. Riordan, archbishop of San Francisco, presentation to tribunal of 507
    • Doyle, John T., presentation to tribunal of deposition of 507
    • Extracts, sworn, from “Noticias de la Provincia de Californias,” presentation to tribunal of 507
    • Extracts, sworn, in regard to the case, presentation to the tribunal of 507
    • Letter of American agent of September 3, 1902, in regard to volume containing record in the case of Alemany et al. v. Mexico, presentation to tribunal of 507
    • Letter of Mexican agent of September 3, 1902, with an English translation of the reply of Mexico of August 6, 1902, presentation to tribunal of 507
    • Testimonio de la escritura de venta de Ciénega del Pastor, presentation to tribunal of 507
    • Treaty of May 22, 1902, presentation to the tribunal of certified copies of 507
    • Ciénega del Pastor, production of deed of 507, 509
    • Lower California, exhibit in regard to Indian population of 509
    • Mexico, laws of, in regard to Pious Fund, presentation to tribunal of 509
    • Pleito de Rada, presentation to tribunal of résumé of 509
    • Annex of Mexican answer, acceptance by United States as authentic 512, 866
    • Extracts from Spanish works, presentation to tribunal of, promised by American agent 515
    • Award, former, discovery asked by and given to Mexico in regard to proceeds of 524, 527
    • Extracts from original record, presentation to tribunal by American agent of English translation of 524
    • Pious Fund, presentation to tribunal of pontifical decree, directing distribution of former award derived from 524, 527
    • Certified copy of map accompanying treaty of Guadalupe Hidalgo 667, 870
    • Map, showing limits of various “acquisitions of territory by the United States. 667, 870
    • Christianized Indians in California, discovery as to 688870
    • Printed copy of deposition of John T. Doyle, with exhibits, presented by the American agent 766872
    • Affidavit of Most Rev. P. W. Riordan 819, 874
    • Papal bulls with relation to California bishoprics 439, 819, 874
    • Powers of attorney from bishops of Sacramento and Monterey to the archbishop of San Francisco 819, 874
    • Affidavit of Most Rev. P. W. Riordan, and letter from Mexican ambassador to Holy See, April 6, 1840 819, 874
  • Extracts:
    • Translations from original record 349
    • From “Noticias de Californias,” etc 448
    • Sworn, in relation to the case, presentation to the tribunal of 507
    • Sworn, from “Noticias de la Provincia de Californias,” presentation to tribunal of 507
    • From original record, presentation to tribunal by American agent of English translation of 524

F.

  • French, selection of, as official language 504, 864
  • Fry, Sir Edward:
    • Appointment of, by United States as arbitrator 503, 862
    • Discussion by, with relation to presentation of American replication 513
    • Discussion by, in regard to foundation deed 518, 567
    • Questions as to date of origin of claim 602
    • As to Mexico’s right of withdrawal from old case 608
    • As to succession of bishops 624
    • As to presence of bishop of Grass Valley 768

H.

  • Hague Peace Convention 169

I.

  • Indian population of Lower California, exhibit in regard to 90
    • Presentation of 688
  • Indian reservations, map showing bounds of, presentation by American agent of 768, 842, 874
  • Indians, Christianized, in California, discovery as to 688, 870

K.

  • Kappler, C. J.:
    • Appointment of, as counsel of the United States 504, 863
    • Letter relating thereto 507
    • Submission to tribunal of brief of 510

L.

  • Letters:
    • From American agent of September 12, 1902, in regard to examination by Mexican agent of documents deposited with secretary-general, presentation to tribunal of 507
    • From American agent of September 13, 1902, giving names of counsel for United States, presentation to tribunal of 507
    • From American chargé d’affaires in regard to appointment of J. H. Ralston as agent of the United States, presentation to tribunal of 507
    • From American chargé d’affaires in regard to appointment of W. L. Penfield as counsel of United States, presentation to tribunal of 507
    • From American minister of September 12, 1902, transmitting deposition of J. T. Doyle, presentation to tribunal of 507
    • From secretary-general of September 12, 1902, giving names of counsel for Mexico, presentation to tribunal of 507
    • From American agent of September 3, 1902, in regard to volume containing record in case of Alemany v. Mexico, presentation to tribunal of 507
    • From American agent of September 4, 1902, in regard to the argument of Senator Stewart, presentation to tribunal of 507
    • From Mexican agent of September 3, 1902, with an English translation of the reply of Mexico of August 6, 1902, presentation to tribunal of 507
    • From secretary-general to M. Pardo relative to deposit of dossier 774, 872
  • Lohman, J. S. de Savornin, appointment of, by Mexico as arbitrator 504, 862
  • Lower California, exhibit in regard to Indian population of 90
    • Presentation of 509
  • van Lynden, Baron Melvil, address of welcome 501

M.

  • de Martens, Mr.:
    • Appointment of, by United States as arbitrator 503, 862
    • Discussion by, with regard to presentation of replication 513
    • Presentation of replication by the United States, discussion in regard to 514
    • Inquiries as to Mexico’s position before mixed commission of 1868 605
    • Questions raised by Alabama arbitrations 608
    • Questions as to submission of Mexico to mixed commission of right to entertain claim 685
  • Matzen, H.:
    • Reply to address of welcome 502
    • Opening address of 502, 862
    • Selection of, as president 503, 862
    • Closing address of 859, 877
  • McEnerney, G. W.:
    • Appointment of, as counsel of the United States 504, 863
    • Letter relative thereto 507
    • Commencement of argument of (September 17, morning) 541, 867
    • Continuation of argument of (September 17, afternoon) 545, 867
    • Continuation of argument of (September 22, morning) 564, 868
    • Conclusion of argument of (September 22, afternoon) 586, 868
  • Memorial of the United States 21
  • “Conclusions” of, filing with secretary-general of 507
  • Mexican agent. See Pardo, Emilio.
  • Mexico:
    • Answer of Spanish 30
    • French 43
    • English 68
    • “Conclusions” of 102
    • Compliance by United States promised to demands for discovery by 508
    • Delay in filing answer of 508
    • Presentation to tribunal of English translation of 508
    • Laws of, in relation to Pious Fund 343
      • Presentation to tribunal of 509
    • Question in regard to presentation to tribunal of answer of 510
    • Discussion by Mexican agent in regard to presentation of new documents by 511
    • Discussion by Mexican agent in regard to response of 510, 511
    • Reservation of right to present new documents by Mexican agent 512
    • Discussion by American agent in regard to presentation of reply by 508, 512, 583
    • Answer of in Spanish and French promised by 523
    • Discovery asked by and granted to in regard to proceeds of former award against 524, 527
    • Consent given by Mexican agent to United States to file replication 513
    • “Conclusions” of, filed. 668, 870
    • Filing of answer with annexes 867
    • See Pardo, Emilio, and Answer of Mexico.
  • Montgomery, George, bishop of Monterey:
    • Proof of succession of 387

N.

  • Notes, stenographic, taking of, in English and French 504, 864
  • Noticias de la Provincia de Calif ornias, sworn copies of, presentation to tribunal of 507

O.

  • Orders of tribunal:
    • Appointing secretaries 504, 863
    • As to publicity of debates 504, 864
    • Admission to tribunal by card 504, 864
    • Authorization of employment of French and English, but French official language 504, 864
    • As to duty of secretaries 504, 864
    • As to stenographic reports 504, 864
    • As to course of discussion 523, 867
    • Permission to Mexico to respond to replication within ten days 523, 867
    • As to hours of session 610, 869
    • As to written demands by the parties concerning the progress of procedure or interpretation of rules 610, 869
    • Refusing written application for delay of argument of M. Descamps
    • Allowing two counsel to reply and rejoin 752, 871
    • As to adjournment over
    • Closing debates 857, 874

P.

  • Pardo, Emilio:
    • Appointment of, as agent of Mexico 504, 863
    • Opening address of 506, 865
    • Letter relating to appointment of, as agent of Mexico 507
    • Discussion in regard to presentation of new documents by 511
    • Discussions in regard to response of Mexico by 510, 584
    • Discussion as to order of arguments 515
    • Promise to furnish Mexican answer in Spanish and French 523
    • Filing of Mexican answer, discussion of duty of United States as to 584
    • Discussion of position as minister plenipotentiary and envoy extraordinary from the Mexican Republic 585, 868
    • Commencement of argument of (September 27, afternoon) 737, 871
    • Conclusion of argument of (September 29, morning) 753, 871
    • Statement as to effect of code of federal district 773
    • Letter to, from the secretary-general, relating to deposit of documents 774, 872
    • Inquiry in open court, addressed by American agent, as to reply to demand for discovery 820, 873
    • Reply as to inquiry with relation to demand for discovery 841, 874
    • Reply to closing address of president 861, 880
    • Deposit with tribunal of Volume XI of Legislacion Mexicana 872
    • Papal bulls with relation to California bishoprics 439, 874
  • Pardo, L., appointment of, as Mexican secretary 504, 863
  • Penfield, W.L.:
    • Appointment of, as counsel of United States 504, 863
    • Letters relating thereto 507
    • Address of (September 30, morning) 798, 873
    • Presents observations in name of Mr. Ralston 818
  • Penfield, W. S., appointment of, as American secretary 504, 863
  • Pious Fund, translation of extracts relating thereto 349
    • Papal decree dividing former award to 424
    • Distribution of award, affidavit of Archbishop Riordan as to 433
  • Pleadings:
    • Memorial of United States 21
    • Answer of Mexico—Spanish 30
    • French 43
    • English 68
    • Replication of United States 56
    • Conclusions of Mexico 102
  • Pleito de Rada:
    • Résumé of 83
    • Presentation of, as annex to Mexican answer 507
    • Agreement as to authenticity of 511, 512, 866
    • Presentation to tribunal of résumé of 509
  • Protocol submitting “Pious Fund” claim to arbitration. See Appendix to Record.

R.

  • Ralston, J. H.:
    • Report of 9
    • Appointment of, as agent of the United States 504, 863
    • Opening address of 504, 864
    • Letter relative to appointment of, as agent of the United States 507
    • Demand for discovery by Mexico made by 508
    • Discussion as to filing of Mexican answer 508, 512, 583, 868
    • Presents replication of United States 509
    • Brief of, presented to tribunal 510
    • Admission of authenticity of Pleito de Rada 512
    • Discussion as to admission of replication 513
    • Application to tribunal to settle order of discussion 515
    • Presents translation of extracts in case of Alemany v. Mexico 524
    • Presents answer to application for discovery as to proceeds of former award 524, 527
    • Commencement of argument of (September 22, afternoon) 598, 868
    • Application on behalf of M. Descamps to fix later time for his argument 611, 869
    • Continuation of argument of (September 23, morning) 612, 869
    • Application in writing for delay of argument of M. Descamps 627, 869
    • Presents certified copy of map accompanying treaty of Guadalupe Hidalgo 667, 870
    • Presents map showing limits of various acquisitions of territory by the United States 667
    • Presents discovery as to Christianized Indians in the State of California 688, 870
    • Presents printed copy of deposition of John T. Doyle, with exhibits 766, 872
    • Presents map showing Indian reservations 842, 874
    • Presentation of observations of, by Judge Penfield 818
    • Presents powers of attorney from the bishops of San Francisco and Monterey to the archbishop of San Francisco 819, 874
    • Presents affidavit of Most Rev. P. W. Riordan 819, 874
    • Inquiry by, in open court as to reply to demand for discovery 820, 873
    • Presents papal bulls with relation to California bishoprics 819, 874
    • Presents afiidavit of Archbishop Riordan and letter from Mexican ambassador to Holy See, April 6, 1840 820, 874
    • Presents telegram showing date of last payment upon former award 820
    • Reply to closing address of president 860, 879
  • Replication of United States 57
    • Submission to tribunal of 509
  • Riordan, Most Rev. Patrick W., archbishop of San Francisco:
    • Powers of attorney to 374
    • Proof of succession of 377
    • Deposition of, dated July 24, 1902 398
    • Affidavit of, dated September 16, 1902 421
    • Supplemental of affidavit as to distribution of Pious Fund award, dated September 30, 1902 433, 819, 874
    • Presentation to court of testimony of 819, 874
    • Presentation to court of affidavits of 819, 820, 874
    • Presentation to court of powers of attorney to 819, 874
  • Röell, J. M., appointment of, as assistant secretary 504, 863
  • Ruyssenaers, L. H.:
    • Appointment of, as secretary-general 504, 863
    • Letter to Emilio Pardo relating to deposit of documents 774, 872
  • Session of September 15, morning, opening of 502, 862
  • Session of September 15, afternoon, opening of 506, 866
  • Session of September 17, morning, opening of 523, 866
  • Session of September 17, afternoon, opening of 545, 867
  • Session of September 22, morning, opening of 563, 868
  • Session of September 22, afternoon, opening of 583, 868
  • Session of September 23, morning, opening of 610, 869
  • Session of September 23, afternoon, opening of 627, 869
  • Session of September 24, morning, opening of 647, 869
  • Session of September 24, afternoon, opening of 667, 870
  • Session of September 26, afternoon, opening of 688, 870
  • Session of September 27, morning, opening of 712, 870
  • Session of September 27, afternoon, opening of 729, 871
  • Session of September 29, morning, opening of 753, 871
  • Session of September 29, afternoon, opening of 774, 872
  • Session of September 30, morning, opening of 790, 873
  • Session of October 1, morning, opening of 819, 873
  • Session of October 1, afternoon, opening of 841, 874
  • Session of October 14, afternoon, opening of 857, 874
  • Secretary-general, presentation to tribunal of documents by 507
  • Speeches of American counsel, order of 523866
  • Speeches of counsel, decision by tribunal in regard to order of 523, 867
  • Stewart, William M.:
    • Appointment of, as counsel of United States 504, 863
    • Letter relating thereto 507
    • Submission to tribunal of brief of 510
    • Commencement of argument of (September 15, afternoon) 516, 866
    • Conclusion of argument of (September 17, morning) 525, 867

T.

  • Testimonio de la escritura de venta, presentation to tribunal of 507, 509
  • Treaties between United States and Mexico. See Appendix to Record.
  • Treaty of Washington of May 22, 1902, presentation to the tribunal of certified copies of 507
[Page 888]

U.

  • United States:
    • Compliance by, with demands of Mexico for discovery 508, 819
    • Filing with secretary-general of memorial of 508
    • Submission to tribunal of replication of 509
    • Discussion by Sir Edward Fry in regard to presentation of replication by 513
    • Discussion by M. Beernaert in regard to presentation of replication by 513
    • Discussion by M. Descamps in regard to presentation of replication by 514
    • Discussion by M. de Martens in regard to presentation of replication by 513
    • Discussion by M. Asser in regard to presentation of replication by 513
    • Order of speeches of counsel of 523
    • Consent of Mexico given to replication of 513