No. 96 To the Honorable JOHN SHERMAN, LEGATION OF THE UNITED STATES, Secretary of State, Washington, D. C. SIR Referring to your Nos. 57 and 81 of July 17th ultimo, and 12th ultimo, respectively, I have the honor to enclose herewith copy of my note bringing to the attention of the Mexican Government the claim of the Roman Catholic Church of California growing out of the so-called "Pious Fund of the Californias"; and requesting that I may be informed of the purposes of the Mexican Government in relation to this claim. I have the honor to be, Sir, Your obedient servant, POWELL CLAYTON Enclosure: Mr. Clayton to Mr. Mariscal, Sept. 1, 1897 Enclosure in No. 96. Mr. Clayton to Mr. Mariscal. LEGATION OF THE UNITED STATES, His Excellency IGNACIO MARISCAL, Minister for Foreign Affairs. Mr. MINISTER: I am instructed by my Government to bring to the attention of Your Excellency the claim of the Roman Catholic Church of California against the Mexican Government growing out of the socalled "Pious Fund of the Californias". Of the history of this claim you are doubtless well informed. I need only refer to the findings of the American and Mexican Joint Commission under the Convention of July 4, 1868, which established the following propositions: 1. That the Roman Catholic Church of Upper California is a corporation of citizens of the United States. 2. The obligation of the Mexican Government to pay to the Bishops of California and their successors the interest on the proceeds of the property belonging to the fund, same being held in trust by the Mexican Treasury for the purpose of carrying out the wishes of the founders of the fund. 3. That the claimants are the direct successors of the Bishops of California, and should, therefore, receive a fair share of the interest upon the proceeds of the fund. 4. That the Archbishop and Bishops of that Church are the proper parties to demand and receive it. 5. That the case is one in which all inhabitants of the State of California, and even the whole population of the United States, are interested, and is, therefore, a proper one for the diplomatic intervention of the United States Government. These propositions being, as it were, "res adjudicata", and the Mexican Government having paid no interest upon the fund since the payments made under the award of the Joint Commission, I respectfully call Your Excellency's attention to that fact, and request that I may be informed of the purposes of the Mexican Government in relation to this claim. I have the honor to renew to Your Excellency the assurances of my high consideration. SIR: Replying to the Department's No. 57, of the 17th instant, I have the honor to inform you that there is no copy in this Legation of Mr. Ryan's note to Mr. Mariscal in relation to the "Pious Fund of California" reported to the Department in Mr. Ryan's No. 737 of August 17th, 1891. In approaching the Mexican Government it would be of assistance to read the note addressed by Mr. Ryan, to which no reply was received. I therefore request that the Department forward a copy of said note to this Legation. With the Department's No. 563, of August 3, 1891, to Mr. Ryan, I do not find the enclosure,-Decision of the Umpire, Sir Edward Thornton. SIR: In obedience to your Instruction No. 563 of the third instant, I have addressed to the Mexican Foreign Office an official representation in behalf of the claim made by the Archbishop and Bishops of the Roman Catholic Church in California against the Government of Mexico for the payment of a sum held by the claimants to be the unpaid part of their legal share of the income of the so-called "Pious Fund of the California's," which it was alleged that the Government of Mexico simply possessed in trust for the benefit of its intended beneficiaries among which was the Catholic Church of California-the claim being made under the decision of the Umpire to whom was referred the question of the difference of opinion between the American and Mexican Commissioners appointed to consider the case. I am, Sir, with much respect, Your obedient servant, THOS. RYAN. Enclosure: 1. Mr. Ryan to Mr. Mariscal, August 17, 1891. Enclosure 1 in No. 737. Pious Fund of the Californias vs Mexico. (Rev Messrs Alemany and Amat.) Mr. Ryan to Mr. Mariscal, August 17, 1891. UNITED STATES LEGATION, SIR: I am specifically instructed to draw Your Excellency's notice to the legal relations of the Mexican Government pertaining to the so-called Pious Fund of the Californias", as defined by Sir Edward Thornton, as Umpire of the American and Mexican Joint Commission under the Convention of July 4, 1868, in a decision bearing date the 11th of November, 1875. Among the claims presented against the Government of Mexico, before that Commission, was one by the Archbishop and Bishops of the Roman Catholic Church of California, entitled the case of Joseph S. Alemany, Archbishop, etc., and Thadeus Amat, Bishop, etc., vs The Republic of Mexico, No. 493. .66 The claim was for a share of the income of the Pious Fund of the Californias," which it was alleged that the Government of Mexico possessed in trust for the benefit of its intended beneficiaries, of whom the Catholic Church of California represented a part. Upon a difference of opinion between the American and Mexican Commissioners, the case was referred to Sir Edward Thornton, as Umpire, who decided that one half of the annual income of said Fund, towit: ($43,080.99) forty three thousand, eighty and 99 100 dollars, should be paid by the Government of Mexico to the Roman Catholic Church of California, for the period of (21) twenty one years from the 30th of May, 1848, making an award, on account thereof, of (8904,700.79) nine hundred and four thousand and seven hundred and 79 100 dollars. This sum was duly accounted for in the settlement between the two countries, and has been paid to the claimants. The authority, however, of the Commission to make a specific award of damages did not extend beyond such claim as perfected at the time of the exchange of ratifications of the foregoing Convention. But the suggestion of my Government is that the decision authoritatively established: First: The responsibility of the Government of Mexico to the Roman Catholic Church of California for its share of the annual income of said Fund; Second: Also the annual amount of such share. Third: That the Archbishop and Bishops of that Church are the proper parties to demand and receive it; Fourth: That the claimant is a corporation of American citizens; and Fifth: That the case is a proper one for the diplomatic intervention of the United States Government. The Archbishop of San Francisco and the Bishop of Monterey, California, representing and acting for said Church, now represent to the Department of State, at Washington, D. C., that they have not received any further payments on account of the income of said Fund which has accrued subsequent to the 30th of May, 1869, and they pray the United States Government for the exercise of its proper offices in that behalf, to the end that the attention of Your Excellency's Government may thereby be duly drawn to the consideration of its obligations respecting the payment of the accrued sum as well as of future installments regularly as they become due. It would appear that the amount now due is ($904,700.79) Nine hundred and four thousand, seven hundred and 79 100 dollars; and I am directed to respectfully express to Your Excellency the hope of my Government that there will be an early and satisfactory adjustment of the same. It gives me pleasure to reiterate to Your Excellency the assurance of my highest regard and esteem. SIR: I have the honor to acknowledge the receipt of Department's instruction No. 543, of the 18th ultimo, and the enclosures therein referred to. After carefully studying said instruction, and the documents in the case, I have today addressed a note to Mr. Mariscal, copy enclosed, transmitting to him a copy of each of the following documents: First: The Pamphlet containing the brief of Messrs. Ralston and Siddons, dated February 21, 1901. Second: The Pamphlet containing the brief of Honorable John T. Doyle, dated February 22, 1901. Third: The type written brief of the Honorable John T. Doyle, dated March 4, 1901. I have invited the Minister's early consideration of the aforesaid documents and have requested him, that after such study of the same as he may be pleased to give, to inform me of the final conclusion of the Mexican Government concerning the question at issue. In framing my note to Mr. Mariscal I was in doubt as to whether I should inform him of our Government's unalterable conviction of the essential justice of the claim and the reasons therefor, as stated in my instruction; but finally concluded to adopt the course above reported, and to await the Minister's reply. Should the Mexican Government adhere to the position it has heretofore taken, as I anticipate it will, my present idea is to then conduct the negotiations verbally, first informing him of the attitude of the Government of the United States, and suggesting that in view of the two Governments being so far apart that we direct our efforts for the discovery of a way for a just and friendly settlement of the controversy. I have the honor to be, sir, Your obedient servant, POWELL CLAYTON. Enclosure: Mr. Clayton to Mr. Mariscal, August 21, 1901. His Excellency Enclosure - in No. 1052. (Copy). Mr. Clayton to Mr. Mariscal. EMBASSY OF THE UNITED STATES. IGNACIO MARISCAL, Minister for Foreign Affairs, MR. MINISTER: Referring Your Excellency to my note, dated December 19, 1899, and Your Excellency's reply to the same of November 28, 1900, and to previous correspondence, all relating to the claim against Mexico growing out of the "Pious Fund of the Californias", I have the honor to transmit, herewith, the following documents: First, a pamphlet containing the brief of Messrs. Ralston and Siddons, dated February 21, 1901; Second, a pamphlet containing the brief of Honorable John T. Doyle, dated February 22, 1901; Third, a type written brief of the Honorable John T. Doyle, dated March 4, 1901, to which 1 respectfully invite Your Excellency's early consideration. After such study as Your Excellency may be pleased to give to these documents, I respectfully request that I may be informed of the final conclusion of the Mexican Government concerning the question at issue. I have the honor to renew to Your Excellency the assurance of my high consideration. SIR: I have the honor to enclose herewith a copy of my note to the Foreign Office, bringing again to the attention of the Mexican Government, as instructed in your No. 369 of the 7th instant, the claim known as "The Pious Fund of the Californias" against Mexico. I have the honor to be, Sir, Your obedient servant, FENTON R. MCCREERY Enclosure: Mr. McCreery to Mr. Mariscal, June 14, 1900. |