No. 544.
Mr. Foster to Mr.
Bayard.
[Extract.]
Legation of
the United States,
Madrid, June 29, 1885.
(Received July 15.)
No. 333.]Sir: I transmit herewith a copy and translation of
a note from Baron Blanc, the minister plenipotentiary of Italy resident in
Madrid, with which he incloses his decision as arbitrator in the case of the
American bark Masonic, which was submitted to him by this legation and the
minister of state of Spain, on behalf of the two Governments, to adjudge the
amount to be paid by the Spanish Government to the owner of said vessel on
account of its seizure and confiscation by the authorities of Manila.
I also inclose a copy and translation of the arbitral decision, from which it
will appear that Baron Blanc has adjudged that the Spanish Government shall
pay to the owner of the Masonic the sum of $51,674.07.
I also transmit a copy of my note to Baron Blanc, acknowledging the receipt
of his decision, with an expression of my appreciation of the promptness and
impartiality of his action, and reserving to transmit the more formal
recognition of his services by my Government after you have been informed of
the decision.
By the terms of the agreement of arbitration, the amount of the award, with
interest at 6 per cent., is to be paid in Washington within six months from
the date of the decision of award.
This equitable and satisfactory result confirms in the fullest manner the
justice of the position assumed and maintained for the past six years by our
Government that the original seizure of the Masonic was an outrage upon
American commerce, and that the prolonged refusal of the Spanish Government
to make a diplomatic settlement of the case was a continued wrong and injury
to the claimant. I am happy also to note that it is a confirmation of the
wisdom of the course pursued by me with the Spanish minister of state in
November last in insisting that the claim must be paid by Spain without
further delay, and that if a friendly agreement as to the amount due could
not be reached, that that question should be submitted to arbitration.
I suppose the original decision of award should be deposited in the
Department of State, but will await your instructions on this point.
* * * * * * *
Suggesting that a proper recognition of the services of Baron Blanc be made
by our Government,
I am, &c.,
[Page 725]
[Inclosure 1 in No.
333.—Translation.]
Baron Blanc to Mr.
Foster.
Legation of Italy,
Madrid, June 27,
1885.
Excellency: Referring to the notes addressed to
me by your legation, dated February 28, March 3, April 20, May 30, and
June 11 ultimo, in regard to the high commission which the Governments
of the United States of America and Spain did me the honor to intrust
tome, I fulfill the duty by sending to your excellency the arbitral
decision rendered by me for the indemnity to be paid to the owner of the
Masonic.
At the same time I address an identical communication to his excellency
the minister of state of His Majesty the King of Spain.
Receive, &c.,
[Inclosure 2 in No.
333.—Translation.]
The undersigned, requested by a collective note of his excellency the
minister of state of His Majesty the King of Spain and of the chargé
d’affaires of the United States at Madrid, dated 28th February ultimo,
in the name of the respective Governments, to decide in justice and
equity, as arbiter, within a delay not exceeding six months, the amount
of the pecuniary indemnity to be paid by the Spanish treasury to the
owner of the North American vessel Masonic in virtue of the decreed
sentence of the council of state of Spain of October 16, 1884, and in
accordance with the damages and injuries duly proved by the claimant,
has received from the high parties to form his decision the following
documents:
From his excellency the minister of state of Spain the note of 30th May
ultimo, containing appreciations in support of which are produced as
proofs three documents, among which is an account of losses and damages
claimed by the owner of the Masonic by way of compromise and without
proofs, the 6th August, 1883, and amounting, including interest,
calculated up to August 7, 1883, to $49,256.59; which claim his
excellency the minister of state, in the same note of 30th May, taking
as a basis the two other documents produced by him as proofs, that is to
say, the expediente prepared in the ministry of
state, and the sentence of the council of state of October 16, 1884,
answers by an offer which he agrees to accept by way of equity, and
notwithstanding the omission up to that time by the claimant of legal
proofs with regard to the value and profits of the vessel, an offer
amounting to $9,354.32, including interest calculated up to August 7,
1883.
From his excellency the minister of the United States the notes of April
20, May 30, and June 11, containing appreciations, in support of which
are produced as proofs seventeen documents, the knowledge of which has
been offered at the same time to the Spanish Government; documents
recapitulated besides in a memorandum which concludes with an account of
the losses and damages claimed in strict right as being proved to have
been suffered by the owner of the Masonic through the seizure and
embargo of his vessel, this latter account amounting in all, with
interest calculated up to the 15th June instant, to $64,639.78.
From the conviction which the undersigned has acquired after a careful
examination, the differences of appreciation, manifested in an equal
spirit of equity and justice by the high parties as to the amount of
indemnity to be granted, originate almost entirely from the fact that by
reason either of the distance or of the different jurisdictions through
which the procedures and negotiations have been followed, the documents
produced as proofs were not in their totality in the possession of each
one of the high parties when their respective appreciations were
formed.
The undersigned, to discharge in its entire integrity the commission with
which both Governments have honored him, had therefore to solve these
differences of appreciation by basing his decision upon the documents
produced by both parties as proofs.
The undersigned, having enlightened his conscience in the best possible
way by the scrupulous verification of the proofs submitted in the
arbitration, in virtue of the powers which have been conferred upon him
by both Governments, declares in justice and equity that in conformity
with the letter and spirit of the decreed sentence of the council of
state of Spain of 16 October, 1884, according to his personal knowlege
and estimation, the sum to be paid as an indemnity by the Spanish
treasury to the owner of the Masonic, both as capital and interest up tb
the date of the present decision, is $51,674.07.
Done at Madrid
June 27,
1885.
BLANC.
[Page 726]
[Inclosure 3 in No. 333.]
Mr. Foster to Baron
Blanc.
Legation of the United States,
Madrid, June 29,
1885.
Excellency: I have the honor to acknowledge the
receipt of your excellency’s note of the 27th instant, and of the
arbitral decision of the same date accompanying said note, in which, in
discharge of the commission which was intrusted to you by the
Governments of the United States and of Spain, you decide that the sum
to be paid as an indemnity by the Spanish Government to the owner of the
American vessel Masonic as capital and interest up to the date of your
excellency’s decision, is $51,674.07.
In acknowledging the receipt of these documents, I desire to express to
your excellency my high appreciation of the promptness and impartiality
with which you have discharged your trust, reserving a more formal
recognition of the signal service, which your excellency has rendered
the two Governments interested until the Secretary of State at
Washington shall have official notice of your action.
I improve, &c.,
