The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-18
MEXICAN


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MEXICO CITY. Sept. I7.-President Diaz.
In his message to Congress. says Of the
Plus claim now being arbitrated at The
Hague: The first contentious international
case In which the contending parties are
Mexico and the United States of America
has by mutual consent just been submitted
to the permanent arbitration court. insti-
tuted at The Hague by virtue of a con-
ference, called and justly called, a peace
conference. The case in question grows
out Of a claim presented by the Catholic
Church of Upper California against the
Mexican republic. n upheld by the gov
eminent of the United States. looking to
the payment Of interest on a fund which
was created In colonial epochs for the
benefit of missions in that former portion
Of our territory. Originally the fund in
question was intrusted to the Jesuits for
their California missions. but as the conse-
quence of the royal order which expelled
the Jesuits from Spanish territory I'm 176S.
properly constituting the fund, IL passed to
the crown OF Spain, which intrusted its
administration TO a royal commission. in
whose hands IL was at the time when our
independence was consummated. TIL ma
tional government continued TO administer
the fund, which was destined for the re-
duction OF the barbarous Indians and
their conversion to Christianity; and
though in 1896 1t caused the fund 10 be
placed at the disposal of the bishop
of California to be administered by him
that arrangement was Cancelled by decree
of Feb. s, 1872. and the administration OF
the fund reverted TO the Mexican govern
ment to be employed by that government in
such form and manner as Il might deter
mine compatible with the original intention
of the founders When In 1913 upper Cali
federation, the Mexican government taking
Its stand principally on Article IL OF the
peace treaty with the United States. con-
cluded in that same year, which pronounced
as ended and Cancelled all debts and claims
which citizens OF the United States might
allege against Mexico, considered itself re-
leased from all liabilities toward represen-
tatives OF the church In California, who.
II they believed they had ally claim TO urge,
ought to have urged II against the govern
ment to which the sovereignty of upper Cali
obligations had passed. Not convinced by
considerations 20 which / have alluded the
church In question. Notwithstanding its lack
or competency, went before the joint claims
committee which was held at Washington.
under convention of July 4 1868, demand-
ing the aymen OF interest up TO date OF
the claim. owing 10 lack of agreement be-
tween the commissioners the case was SUBJ
mitted to an arbiter or referee, who, beliey-
ing he had found grounds for such action,
sentenced us to pay a certain sum The
Mexican government, Notwithstanding that
IL considered the sentence unjust, paid the
interest assessed against IL on the strength
or tnat decision. Inc Cd1Iornld church has
since claimed that the republic ought to
continue paying interest on the fund. and.
IL is claimed, were presented through the
diplomatic channel. After an exchange OF
notes between the representative of the
United States and the minister OF foreign
relations and seeing that no agreement
was reached 1--WE, on our side, maintain
ing that the arbitrary decision OF 1895 did
not include subsequent interest and that
there is no ground for claiming that in
terest or for regarding the principal it
self IL was decided with that spirit OF
conciliatoriness which BELTS friendly ma
tons, 10 submit the case TO The Hague
Court for adjudication.
II have TO add that in accordance with
the stiDulations OF the agreement OF the
question, both governments. In due course,
appointed their respective arbitrators. who
met on the first instant at Tn Hague and
these arbitrators in turn appointed q fifth
arbitrator or referee to decide In case OF
disagreement. The Mexican government
conhdes in the acknowledged integrity and
high character of the iurists who con-
stitute the respected tribunal and once
more engages itself 10 comply with the
definite sentence uttered I'm this matter"