File No. 837.6112/13.

[Untitled]

No. 401.]

Sir: Referring to my despatch No. 390 of the 21st instant, and to previous correspondence in regard to the Zapata Swamp concession, I have the honor to enclose herewith a copy and translation of a note from President Gómez, dated the 23rd instant, in reply to the note which I addressed him on the 20th in pursuance of the Department’s instruction No. 123, of the 15th.

The Department will note that in the fourth paragraph of his note, President Gómez draws a comparison between the terms of the note in acknowledgement and Mr. Beaupre’s note of July 18th, which—although, as the Department will perceive by reference to Mr. Beaupre’s despatch No. 343, of July 18, drafted in the language of the Department’s telegraphic instruction—he seems to regard as unnecessarily harsh in tone and distortive of the “good-will and loyal sentiments” of the United States.

President Gómez also states in his note that he has repealed the Zapata decree, but as a matter of fact he has, as I am informed, merely “suspended execution”, which it would seem may be accomplished at any time.

I have [etc.]

Hugh S. Gibson.
[Inclosure.—Translation.]

The President of Cuba to the American Chargé d’Affaires .

Mr. chargé d’affaires: I have had the honor duly to receive your note referring and in reply to my note of the 19th ultimo to his excellency Arthur M. Beaupre, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, answering the note which he had addressed me directly the day before.

I have duly noted the contents of your note, as well as the interpretation therein conveyed which the Government of the United States has through you seen fit to place upon Article 3 of the Appendix to the Cuban Constitution, from which your Government deduces the justification of its attitude towards the Cuban Government during the last few months and, particularly, [Page 317] in connection with a decree of mine which I have already repealed and one of the recent bills of Congress which I was prepared to veto.

The interpretation which your Government has placed upon Article 3 of the Appendix to our Constitution, as the basis for the assertion of certain rights and obligations upon its part, is very different from the interpretation of a true and proper conception of sovereignty which inspired my note of the 19th ultimo; but it would be idle at this time to reopen the question and make comparisons, especially when such an effort would not be productive of any appreciable utility.

Cognizant now of the sense in which your Government desires that we should regard its attitude, I am glad to know that none of its acts should be considered by us as inspired by other than the good-will and loyal sentiments which guide the United States in its relations with the Republic of Cuba. It seems to me, nevertheless, meet to call your attention and that of the Department of State at Washington to the fact that the noblest intentions and the most generous purposes may be distorted and made to appear otherwise, according to the form in which they are expressed; wherefore the notable difference is apparent at a glance between your note here in reference—notwithstanding that it expounds propositions of the gravest concern—and that of the 18th ultimo to which I duly replied, the text of which, had it been drafted by the Secretary of State of the United States, would in terms clearly have revealed the sentiments of affectionate cordiality towards Cuba which I am pleased to recognize on the part of the American nation and Government.

I desire you, Mr. Chargé d’Affaires, to communicate to your Government that the Cuban Government and I personally have never been animated by other than the most sincere purpose to maintain, and even to strengthen, the bonds of friendship and affection which fortunately have so long united the United States and Cuba for their common weal and happiness.

I avail [etc.]

José M. Gómez.