The case No. 776, "Alfred A. Green vs Mexico," the Umpire thinks it but fair to re-examine, because it is shown that certain evidence which was before the Commissioners, was not transmitted to the Umpire with the other documents upon which he made his decision. The Umpire will therefore reconsider this case as far as that evidence is concerned, but not with reference to the fresh arguments which have been submitted by the Counsel for the claimant. The motions to re-hear which accompany the above mentioned cases, are not merely a request to reconsider them, but are a critical review, particularly on the part of the Agent of Mexico, of the grounds upon which the Umpire has founded his decision. It is argued that they are all ill-founded and erroneous, This may be the case, the Umpire does not pretend to be infallible; but he has decided to the best of his ability and conscience upon the papers which have been submitted to him. It is clear that whichever way his decision may have turned, the claimant or defendant could always have found arguments to dispute its correctness and justice; indeed an impartial Umpire is generally subjected to such criticisms. In his motions to re-hear, the Agent of Mexico has stated many facts which may be capable of proof, but which have not been proved by the papers submitted to the Umpire. He has also shown inimense ability in disputing the observations made by the Umpire in support of his decisions, and in examining and discussing the merits of the claims with the greatest minuteness and detail; and the Umpire is painfully impressed with the feeling that he might with fairness have been allowed the advantage of searching examination of the Agent of Mexico when these claims were first submitted to him, rather than after he had decided upon them. There was at that time better cause for doing so than there is now; for one of the two commissioners had already decided in favor of these claims before they came to the Umpire. The latter is but one of three judges, and he would have been glad to have been favored and assisted by the minute criticism which the Mexican Agent has now bestowed upon some of these claims. With regard to the case No. 493, Thadeus Amat, et al. vs Mexico, the Umpire must repeat his regret that the observations made by the Agent of Mexico in his motion to re-hear had not been transmitted to him before he pronounced his decision and that the facts by which he sustains those observations had not been proved before the Commission. In that motion the Agent states that if observations had not been previously made and evidence prevented by the defence with regard to the amount of the sum claimed in this case, it was not because the Mexican Government recognized such an amount, but because the previous question was to be decided whether the case by its nature came within the cognizance of the Commission. But the order of the Commission which was transmitted to the Umpire, was to the effect that Mr. Commissioner Wadsworth being in favor of making an award to the claimant, and Mr. Commissioner Zamacona being in favor of rejecting the claim, it is referred to the Umpire for his final decision. He was therefore clearly entitled to suppose that all the observations which the defendant had to make had been made. and that all the evidence which was in possession of the Mexican Government had been produced. Indeed the Umpire was firmly convinced that it was intended that he should finally decide upon the case with such evidence as had been submitted to the Commissioners and was forwarded to him. If there be an arithmetical error in one of the calculations which the Umpire has made, as is stated by the Agent of Mexico at Paragraph 66 of his argument dated September 19, 1876, there can be no objections to its being corrected and the Umpire will examine the case with that view. The Umpire has been forced into the conclusion that he has no authority to re-hear the above mentioned cases; at the same time he will not admit, but wholly denies the inference which will generally and naturally be drawn from the observations made by the Agent of Mexico that any stain can attach to his honor by reason of his refusal to re-hear those claims. Upon consideration of the Agent of Mexico to amend the award made herein, the Umpire rendered the following decision: With reference to the case of "Thadeus Amat &c vs: Mexico" No. 493, the Agent is quite right in stating that there is an error of $1,000 in the addition of the sums which we considered as bad debts, and which should be deducted from the total of the "Pious Fund." Instead of being $46,617, these bad debts are $47,617. The total of the fund will therefore be $1,135,033. The half of the interest upon this sum at six per cent will be $43,050.7%, the amount of which for twenty-one years will be $904,070.. The Umpire therefore finally awards that there be paid by the Mexican Government on account of the above mentioned claim the sum of nine hundred and forty thousand and seventy Mexican Gold Dollars and seventy nine cents. ($904,070.7%) without interest. Washington October 24th 1876. INDEX. ALEMANY, JOSEPH S., archbishop of San Francisco: Bull constituting him archbishop of San Francisco.. History of estate of Letters patent of the King with relation to expenditures of estate of— Spanish.. Sentence of royal audiencia with relation to division of estate of 320 458 318 457 317 457 315 456 546-557 615-647 610-615 Certified copies from "Juzgado Sexto de los Civil" AWARD OF UMPIRE... 123 606-610 C. Cushing, for defense, on motion to dismiss claimants' petition 68-71 John T. Doyle, for claimants, in reply to motion to dismiss.. 80-99 John T. Doyle, for claimants, in reply 462-477 John T. Doyle, for claimants, before umpire 557-574 Nathaniel Wilson and P. Phillips, for claimants, before umpire.. 575-594 CASS, Hon. LEWIS: CALIFORNIA: Certified copy of incorporation laws providing for corporations sole.. Spanish.. Opinion of supreme court of, in Nobile vs. Redman 52 469, 580 157 343 5 594-606 5 651 CUSHING, CALEB: Motion to dismiss claimants' petition Brief on motion to dismiss claimants' petition.. DECREES (see also EXHIBITS): Mexican decree of May 25, 1832, authorizing governor to rent property of "Pious Fund," proceeds to be applied to missions (English and Spanish). Mexican decree of September 19, 1836, providing for bishopric of California and control of Pious Fund by Bishop English and Spanish.. Page. 67 68-71 579 469, 580 157 Mexican decree of February 8, 1842, providing for reassumption by gov- Spanish 39, 469, 580 37, 38, 151, 469, 580 Mexican decree of October 24, 1842, incorporating property of Pious Fund into treasury 41, 469, 575 37, 40, 152, 469, 575 180-186 158-180 147-157 527-546 Attached to memorial showing composition of "Pious Fund”— 359 461 362 462 3 205-208 15 Spanish 60 Orders of the King as to maintenance of spirital conquest of California by Spanish 293 English.. 442 Permission to Juan Maria Salvatierra and E. P. Quino to convert Gentiles of California History of "Pious Fund" of California from Mexican archives Spanish 277 English 425 Orders of the King with relation to conversion of Indians by the Jesuits, etc. Spanish 287 English 436 Orders of the King with relation to discovery and conversion of Indians through the Jesuits English 433 Spanish 285 Deed of San Pedro Ibarra from Marquesa de las Torres and Marqués de Spanish 309 English. 452 Order of King with relation to colleges and missions formerly in charge of Spanish 314 English.. 455 Sentence of royal audiencia with relation to estate of Mrs. Josefa Paula de Spanish 315 English. 456 Order of the King directing investment of estate of Mrs. Josefa Paula de Arguelles Spanish 317 English 457 Letters patent of the King directing expenditures from estate of Mrs. Josefa Paula de Arguelles Statement by Pedro Ramirez of assets of "Pious Fund". Royal order granting missionaries salaries in lieu of traveling expenses- 342 English.. 461 Opinion of supreme court of California in Nobile rs. Redman.. Letter on behalf of Bishop Francisco Garcia Diego calling for fundsSpanish 343 359 English.. 461 Publication on behalf of Bishop Diego in reply to misrepresentations— Spanish 362 English.. 462 Exhibit A attached to deposition of Reverend Jose Maria Romo de Jesus- "Suplemento á la Historia de los tres siglos de Mexico" 212-215 FISH, Hon. Hamilton: Letter of inclosure from Nathaniel Wilson, August 28, 1873.. 110 |