SCHEDULE OF PAPERS FILED IN THIS CASE. "A" Letter of E. Casserly to Secy: of State, Mar. 30 1870 giving "Nathaniel Wilson to Secy: of State, Dec. 31st 1870, enclosing 11 papers marked from 1 to 11, and a list List of Papers sent to the State Department in relation to the "2. Certified copies of Decrees of Feb 8th & Oct 24th "3. Certified copy of instruments constituting Joseph S. Alemany a corporation sole &c. Thaddeus Amat to H. P. Gal- "10. Certified extract from the laws of California. 11. Certificate of naturalization of Joseph S. Alemany. C. Statement of John J. Doyle to Secy of State, July 20th 1859 E. Printed memorial in Spanish F. brief history of the pious fund of the Californias G. Motion to dismiss and brief in support thereon by Mr. Cushing H. Printed reply, of P. Phillips and N. Wilson, to Motion to dismiss I. Printed argument of John T. Doyle of counsel for the claimants 25 45. 46. Argument for Mexico 47. Translation of Argt. for Mexico 48. Exhibit "A" referred to in deposition of Romo de Jesus (see page 15) 49. Translation of 48 50. Closing argument for claimant 51. Opn Comr. Wadsworth Zamacona 56. Order of Umpire granting extra time for argument of case before him 57. Motion of Agent Mexico for re-hearing 58. 66 U. S. "leave to inspect & time to reply to motn of Agt Mexico 59. Argument of Agent Mexico in support of his motion for re-hearing Hon. LEWIS CASS, Secretary of State, of the United States, SIR: I apply to you on behalf of the Right Revd. Thaddeus Amat, Bishop of Monterey, California, and of the Most Revd. Joseph S. Alemany, Archbishop of San Francisco, representing the Catholic Church and Catholic people of California, for the enforcement of their rights against the Government of Mexico, under the following cir cumstances Through the bequests and voluntary donations of various individuals a fund was created commencing as early as the year 1735 and placed in the hands of trustees for the maintenance and support of the Missions of California. Those Missions had already been established and were spreading over that country, then almost unexplored, to which they first introduced the light of civilization and Christianity. This fund was termed the Pious Fund. By the will of some of the contributors to the fund a certain proportion of its revenues was afterwards permanently devoted to Missions in the Philippine Islands. The trustees originally named were the Society of Jesus under whose direction those missions were first founded. On the expulsion of the Jesuits from the Spanish dominions in 1767, the Spanish crown took upon itself the administration of the trust (for default of trustees) and did thereafter administer it, always recognizing its fiduciary character, until the separation of Mexico from the Mother Country. On the establishment of Mexican independence the new Government succeeded to the rights and duties of the Crown of Spain and, the property of the Pious Fund being in Mexico, the trust continued to be administered by the Government of Mexico through the medium of a Board of Trustees appointed by it. To establish clearly to the mind of one accustomed to regard such matters from the point of view of the Common Law as known in this Country the exact relations borne by the Church to the State in Spain and Mexico might require a somewhat lengthy citation of the laws and history of those countries. This I do not propose to do here, deeming it more proper at present to confine myself to a succinct statement of the facts of the case, assuming simply that the Church was regarded as a Corporate Body and each Monastery, Hospital, Religious Foundation, Bishop and Parish Priest was also a corporation. In 1836 the Mexican Government, which like that of Spain, always interested itself in the religious welfare of its citizens and subjects, desired, for the purpose of increasing the spread of Christianity in its outlying California provinces, through which the Missions had then spread extensively, to have them erected into a Bishoprick. To this the consent of the Pope as the Head of the Catholic Church on Earth was necessary, and negotiations for that purpose were entered into with the Holy See. It being deemed undesirable in general to erect a new Bishoprick without an endowment adequate to the decent support of the prelate, Mexico proposed to the Holy See as the consideration for its consent to the establishment of the new diocese to attach to the foundation an annual stipend of six thousand dollars, and that the administration of the Pious Fund should be permanently vested in the Bishop. These terms being assented to the diocese of California was established; the sixth section of the Act of the Mexican Congress of Sept. 19, 1836, establishing the Bishoprick reads as follows: "§ 6. The property belonging to the Pious Fund of California is placed at the disposal of the new Bishop and his successors that he may administer and apply them to their objects and to other analogous ones, respecting ever the will of the founders.” Under this enactment and the action of the Holy See in connection with it Francisco Garcia Diego, who had spent many years in the Missions of California, and was then President of the Missions, was appointed Bishop of the newly created Diocese, and fixed his Episcopal See at Monterey. Before leaving the City of Mexico he was invested with the control of the Pious Fund and the Board which had previously administered it ceased its functions. The Bishop continued to manage the fund until the 8th of February 1842 when Santa Anna, then Provisional President of Mexico enacted a decree taking from the Bishop of California the control and management of the fund, assuming it on the part of the National Government, and appointing Don Gabriel Valencia to administer it on behalf of the Government. This decree he followed up on the 24th of October in the same year by another which, professing to have in view the more economical administration of the fund by capitalizing it and investing the capital in Government securities, enacted that the landed property and other assets belonging to the pious fund should be incorporated into the National Treasury, should be sold and capitalized at a sum which at six per cent per annum would produce their then present income, and acknowledging the public treasury indebted to the Pious Fund therefor-binding the Nation to pay the interest at six per cent per annnm on that capital, &c. The revenue from tobacco was specially pledged for the payment of this interest. Santa Anna derived his authority as Provisional President from the compact termed the "Basis of Tacubaya," according to which his acts as such were to be submitted for approval to a congress to be thereafter assembled. This congress did assemble in March 1844. I am unable to say whether his decrees in reference to the pious fund were approved or disapproved by the Congress. After Bishop Diego's death and the transfer of California to the United States the Right Revd Joseph S. Alemany was appointed his successor as Bishop of Monterey. Subsequently the increase of the Catholic population required a division of the Diocese. This was accordingly done and Bishop Alemany was translated to San Francisco which was created an Arch-diocese, and the Right Revd Thaddeus Amat was appointed Bishop of Monterey. These two dioceses taken together are conterminous with the State of California, and the incumbents are the legitimate successors of the above named Francisco Garcia Diego, Bishop of Monterey. They claim that the Government of Mexico is indebted to them as trustees for the Catholic people of California in the total amount of the aforesaid Pious Fund with the arrears of interest thereon. That their predecessor Bishop Diego had the control and administration of the Pious Fund by contract which it was out of the power of the Mexican Government to rescind, and that in any case as the fund was confessedly a trust estate of which the Catholic people of California were the cestuis que trust, their flocks are entitled to claim its application to pious uses and religous purposes in that State. You are probably aware that the discipline of the Catholic Church requires temporalities to be administered in each diocese by the Bishop thereof. In view of this fact the Legislature of California by an Act passed May 4th, 1852 provided, that whenever such shall be the case, the Bishop may become a, corporation sole; Archbishop Alemany and Bishop Amat have both been incorporated under this act and they undoubtedly are the legitimate representatives of the Catholic Church of California which is entitled to this fund. The Government of Mexico has implicitly acknowledged its liability to this reclamation by its public acts. In 1853 the King of Spain on behalf of his Catholic subjects in the Philippine Islands reclaimed from it the portion of the fund which had been devoted to Missions in those Islands; the justice of the demand was acknowledged and the claim paid by Mexico. The financial and political embarrassments of that Government have caused a delay of application to it for payment, but the prospect of obtaining it on the return of internal peace seems now so remote that my principals find themselves driven to appeal to the Government of the United States for the enforcemeut of their rights. For this purpose I have by their desire taken the present mode of calling the attention of the Government to the case and requesting its interposition. It concerns a very large body of citizens, and I do not doubt will receive from you the consideration which its justice and importance deserve. The particulars of the claim are resumed in a schedule annexed. The aggregate you will perceive is nearly two and a half millions exclusive of interest. The details of the items embraced in this resumé are in my possession and will be furnished, with dates, &c., whenever required, and proof can be furnished of the facts which I have herein briefly set forth should the same be needed. I am, Sir, very respectfully, Your obedient servant, JOHN T. DOYLE, Attorney for M. R. Archbp Alemany & R. R. Bishop Amat. 65 Wall street, New York, July 20th, 1859. Rents of real estate amounting in the aggregate to $30,350 representing at 6 per cent a capital of. Due from private individuals to the fund and subsequently colleeted or remitted by the Government of Mexico.... Against these there were liabilities of the fund to the amount of thirty two thousand three hundred and eighty dollars (admitted)... Leaving a balance of with interest thereon since 1842. Sums borrowed by the Government of Mexico from the fund since its independence.. Arreas of interest due thereon at the time the fund was taken from the Bishop by the Government Mortgages and debts due the fund.. Sums due the fund from the public Treasury of the Viceroyalty of 505, 833.33 422, 975. 19 564, 968. 83 728, 140. 71, 269. 2, 407, 231. 35 32, 380. 2,364, 851.35 Hon. HAMILTON FISH, Secretary of State. WASHINGTON. D. C. ! SIR: Joseph S. Alemany, Arch Bishop of San Francisco, California, and Thaddeus Amat, Bishop of Monterey, California, successors of Francisco Garcia Diego, Bishop of the Californias, in their own behalf and in behalf of all interested respectfully represent that they have a just claim against the Republic of Mexico, for a very large sum of money to wit-for the sum of three millions of dollars. That said claim had its origin in the seizure by the authorities of Mexico of moneys belonging to and property purchased with the proceeds of a fund known as the pious fund, and created by private contributions. Said moneys and property were held in trust by said Bishop of the Californias, for the maintenance and propagation of the Catho |