On the 1st. of February 1809, delivered by D. Fermin Antonio de On the 16th and 29th July 1812, the same person delivered in two On the 29th of July 1812, delivered by D. Fermin Antonio de Apezechea, 19,000 dollars, of which there belonged to the missions On the 7th May 1814, delivered by the same person $28,453 5 rials 3 grains, of which there corresponded to the mission On the 15th. May 1804, there was assigned to the children of the Carro de China..... Of the foregoing amounts $201,856 5 rials 4 grains, bear The 10,000 dollars of the children of the Carro also bears $420,478 6 6 $11, 250 0 0 9,375 0 0 28, 125 0 0 3,000 0 0 7, 125 0 0 10,670 0 0 10, 000 0 0 $316, 901 6 2 December 1845, which for 231 days in the year 1804, forty years from 1805 to 1844, and 357 days in 1845, amounts to 20, 804 11 441, 283 3 5 $758, 185 1 7 423 6 0 Forward. 423 6 0 Deduct 4 per cent. from one year, interest on both of the above sums, in conformity with the decree of the 22rd August 1838.. Deduct 10 per cent. on $758, 185 1 rial 7 gs. amount of capital and interest, which percentage is taken from the full amount, in conformity with the power reserved by the agent in the agreement of 24th. December, 1845 NOTES. 75, 818 4 1 76,242 2 1 $681,942 7 6 1st. Of this amount $316,901 6 rials 2 grains, bear an interest of 6 per cent. from the 24th. December 1845, proceeding from mortgages, in conformity with the 4th article of the said agreement. a 2nd. The preceding sum of $681,942 7 rials, 6 grains, does not include any other liquidation made previously to the 27th June 1846 by the Seccion de Temporalidades," in favor of the missions, for the "occupation" and investment of the property bequeathed by Doña Josefa de Paula Arguelles, which, added to the "refaccion" in cash made by the said missions, amounted to $138,133 6 rials 0 grs., and which sum also bears an annual interest of 6 per cent. from the 24th of December 1845, in conformity with the said 4th article. 3rd. For the payment of these amounts, the respective orders have been issued to the maritime Custom-Houses, the Commissariat of San Department of the Church revenues. Trl. Luis, and the principal Collecting Office of Mexico, in order that each department may pay its corresponding portion, according to the said. agreement. Mexico, May 3rd. 1847.-A. Batres.-Fernandez del Castillo. SECOND SPANISH CONVENTION. CREDITS OF PADRE MORAN. From the time the Portuguese and Dutch commenced to establish factories and mercantile colonies in India and in the islands of the Chinese sea, the teachers of religion, especially the Jesuits, made in their turn and in their style, spiritual conquests of no little importance to the worldly interests of certain Sovereigns. Amongst the many Missionaries who, in the course of time, have visited these parts, are included the Dominican Friars, who established a province in the Phillipines which they called the Santisimo Rosario, and undertook the charge of directing the Missions of Tunkin and Fonkien. These Dominican Missionaries established a charitable institution (hospicio) in Mexico, and acquired, like all friars who came to America in those days, certain landed property, which was ceded or bequeathed to them by some rich and pious persons, who were then plentiful in the Americas, and are not scarce even in the present day. The object of this charitable institution was to lodge the teachers of religion that came from Spain, and to assist them with the resources they might require to continue their journey to China: once they arrived at the Phillipines they had there convent there, provided with every necessary. As time progressed the religious zeal lost its ardor, and the Dominican Missionaries acquired in Mexico a larger amount of property and greater advantages, as well as the absolute independence, which they had enjoyed for a long period of years, without any person inquiring into the investment of their riches. This was the state of affairs when Mexico gained her Independence. By a decree, dated July 4th. 1822, it was ordered to make an inventory of, and occupy the property that belonged to, the missionaries of the Philippines; and in virtue of the interference of the agents it was ordered by a decree, dated June 9th. 1823, that the sequestration should be annulled, and that the property should be delivered to the Governors of the charitable institutions. On the 27th. of November of the same year, the powers of the Governors were restricted, and notice was given to them to furnish a yearly account to the Government of the products, and of the investment. On the 22nd. of May 1827, the Congress of the State of Mexico declared that the property of the Dominican Missionaries belonged to the Exchequer, and consequently occupied the Haciendas called Chica and Grande, situated near the city of Tercoro. On the 2nd. of September 1829, the General Government ordered the occupation of the property of all persons who might reside in the enemy's country; in consequence of which, the Haciendas referred to were incorporated in the Federation and given in rent to Don Felipe Neri del Barrio, on the 20th of October following. On the 14th. October 1836, a decree of the General Congress conceded to the Missionaries, the right to sell their property. This is a compendium of the official history, by which it may be observed, that if in the moment of excitement decrees were issued contrary to the interests of this religious body, they always exercised sufficient influence to procure their repeal in a short time. On the 15th. May 1840, a Spanish Dominican Friar visited Mexico, who was stated to be a Professor of Theology, an Apostolic Missionary, and agent of the Province of the "Santo Rosario de Filipinas," as representative of, and by a power ceded to him by Padre, Juan Alvarez del Manzano. This friar was Padre Moran, who, in his turn, transferred the power he held, to sundry individuals, whom he considered might be serviceable in aiding him in the affair with which he was intrusted. The haciendas of Chica and Grande were not in the possession of the Government, but in that of Sr. Barrio, as tenant. Another Dominican friar, who is still alive, called D. José Servin de la Mora, with a power, more or less ample or sufficient, to get rid of the letting, and to obviate any other measure being taken by the Government in future, sold the haciendas referred to, General D. José Maria Cervantes. Padre Moran instituted a notorious law-suit on the nullity of the sale, and in the judicial allegation, Licentiate D. Florentino Conejo, who was the defendant's lawyer, demonstrated, by very sound reasoning, that it was not ecclesiastical property; that the establishment of the "obra pia" was not authorized by the Pope; and that the legal existence of the Phillipine Missionaries in Mexico had ceased. In fact, in 1843, when this question was discussed, it would have been more difficult to understand it, but in the present day it is perfectly well comprehended that the majority of the friars who resided in Mexico at the time of making the Independence being Spanish, and each of the various corporations having their relations, connexions, and foundations in Spain, they might, in like manner to Padre Moran, have claimed, as Spanish property, the greater part of what they possessed, and have made the Mexican Government pay at least provisionally, for the property taken from the Jesuits, and from those who belonged to the extinct religious institutions. What convent was there in Mexico that had not its ramifications in Spain, according to its regulations, its favorite saints, its fraternities, its brotherhoods, and its benefices (Capillas?") From what reason could it have been inferred that the property given in charity to the friars in Merico, and by Mexicans, was, in the course of time, to be considered as Spanish property? We have stated that till the year 1821 everything belonged to Spain, but from and after that year everything belonged to Mexico; and no other question than that of debt having remained pending, it was arranged by the Treaty of Madrid, by agreeing that it was national and belonged to Mexico. If this was not the case, why has not the Legation claimed the sums expended in the construction of the Cathedral, the Palace, the Municipal-houses, the Prison, (Acordada), the Castle of Chapultepec, and the rest of the edifices constructed with the money furnished from the Regal Exchequer? For this there were at least more reasonable pretexts, than to pretend that the charitable gifts of the Mexicans, which were made to the friars who came to Mexico, should in course of time deprive the Mexican Government of its resources, and that the squadrons and troops of Her Catholic Majesty should come to arrange these questions on Mexican soil. All this is repugnant to reason and common sense; nevertheless, this has transpired without there being any means of complaint, but from the careless manner in which the functionaries have acted, who intervened in these singular and disgraceful operations. The Mexican Exchequer, which is at all times the expiatory victime, undertook to adjust the law-suit, which, without any doubt, Padre Moran would have lost before the tribunals." General Don Miguel Cervantes solicited from the Government that the pension which he enjoyed should be capitalized; that the arrears due to him thereon should be paid; and that, adding 50,000 dollars which he delivered as "refaccion," he should be paid the whole amount of the affair, viz. 212, 390 dollars, with the value of the haciendas of Chica and Grande, and with "capitales" that Cervantes himself would designate. Consequently the Government obliged itself to pay the value of the haciendas to Padre Moran, provided that he would deliver all' the title-deeds to Cervantes, and thus terminate the law-suit. The value of the haciendas which the Phillipine Missionaries had previously calculated in 100,000 dollars, was fixed in 115,000 dollars, and 30,000 dollars besides was granted to him as an indemnity. Well, so far, nothing appears but an advantageous business both for Cervantes and for Padre Moran, but it is incomprehensible why Her Catholic Majesty's Minister, D. Pascual Oliver, interfered; nevertheless, it so occurred, and on the 7th. of November 1844, what may be termed, second Spanish Convention was signed; (but in consequence of the existence and date of the last treaty, we have given priority to the so called Spanish credits). The particulars of this arrangement may be seen in the document marked A. 66 When certain persons take charge of affairs, (Doctor Galvez was intrusted with the above) no means can be found to terminate them. Notwithstanding that the parties had succeeded in gaining the condescension of the Government to convert a lawsuit of the friars into a foreign debt and a Convention; notwithstanding that Padre Moran, and, moreover, Señor Oliver, had stated in the 6th. article of the Convention that, at no time and under no pretext could the Phillipine Missionaries make any claim whatever," the said Oliver claimed, on the 4th. of February 1845, the product of the aforesaid property, and the Mexican Government, consented on the 26th. of September, to enter into another arrangement; whereby, on the one hand, it made an instalment of 61,346 dollars, and on the other, 30,000 dollars on account of the interest overdue from 1827. Therefore, this affair, by which the Treasury received 50,000 dollars, in cash, cost: For amount paid to Padre Moran Do Do General Cenvantes Total... $236, 346 00 211,390 00 $447, 736 00 moreover, to a This extract is dedicated to a brave soldier, and, Spanish soldier,-to General Prim, Count de Reus. He he arrived with armed force to demand satisfaction for the outrages and injustice that we have committed towards the Spanish, and he ought to read the particulars of certain events, in order that his noble soul and liberal heart may repair the bitter and great injustice which has served Sr. Ramirez, in his Report, says: That the Government sold to Sr. Cervantes the haciendas of Chica and Grande; the party who sold them was Padre Servin, with the authorization of Padre Muñoz. In this manner the aspect of the question is changed. as a basis and pretext to many of the Spanish Ministers who have not taken into consideration the precise letter and clear text of the Treaties, but who have always endeavored to find means to annoy Mexico, and to place her relations with Spain in the hazardous and complicated position produced by the unfortunate and vindictive diplomacy of the Ambassador, D. Francisco Pacheco. We continue the history of this affair: It appeared to be concluded in every respect, when another claim was presented. A lady called Doña Josefa de Paula Argüelles bequeathed property to the Phillipine and Californian Missionaries. This property, which consisted of sundry lands, was sold to Doña Juana Guerra and various other persons between the years 1803 and 1812. By a decree of the 14 of October 1842, the provisional Government of General Santa-Anna seized the property of the Californian Missionaries, in consequence of which Dr. D. Mariano Galvez, as the agent of Padre Moran, claimed whatever might belong to the Phillipine Missionaries of this property. Against the force and legality which this claim might have had, the 6th. article of the Convention, dated the 7th. of November, is, in the first place diametrically opposed; but, above all the entire and absolute want of documents on the part of the claimants, is another objection. Before going any further, the will of the Señora Argüelles ought to have been produced by Padre Moran, and the proof of the sums due by the Government in consequence of these legacies. How was this essential data to be supplied? How was this difficulty to be overcome? This appeared to be impossible, inasmuch as a claim was made upon the Exchequer for the amount without producing a single voucher, nor even a single proof of the debt! What obligation had Mexico to pay that which was not proved to be due? A debt of whatever nature is founded on a Bill, Deed, Promissorynote, or, at least, on a simple letter. Padre Moran had nothing of the kind. How then could it have been as-certained that the Señora Argüelles had bequeathed a certain sum to the Philippine Missionaries? We will explain it. In the books of the General Treasury sundry entries were met with of deposits made by Doña Juana Guerra and other persons, of sums proceeding from the property of Josefa Argüelles. This information was communicated to the Spanish Legation for no other purpose than that it might serve as a proof of its existence; but the real effect produced, was to furnish Dr. Galvez with a basis on which to establish the amount and to endeavor to obtain an arrangement in due form, which he could not previously do, because the interested parties themselves were entirely ignorant of every particular connected therewith. From this information it is evident that the Treasury of the Viceroyal Government received the sums expressed therein, which we enumerate for greater clearness under letter B:-But who can say whether they were afterwards paid, if a compensation was made by other property, or if they were otherwise disposed of by orders of the Sovereign? In order that this might not be a subject of doubt, it will be necessary to produce the subsisting needs, free from annotations, as well as the will. This is the only mode to prove debts. And who |