No. 4.] Mr. Adee to Señor Calderon. DEPARTMENT OF STATE, Washington, September 18, 1900. SIR: I have the honor to acknowledge the receipt of your telegram of yesterday's date, advising the Department of the profound sorrow felt by the Government, the people of Peru, and yourself, in view of the disaster which has befallen the people of Texas. Your telegram has been communicated to the President, and I am charged by him to express his sincere appreciation of the sympathetic message you have conveyed. Accept, etc., ALVEY A. ADEE, PORTUGAL. ARBITRATION IN THE MATTER OF THE DELAGOA BAY RAILWAY. PAYMENT BY PORTUGAL OF AMOUNT AWARDED BY ARBITRATOR. (FOR AWARD, SEE UNDER SWITZERLAND.) MEMORANDUM. DEPARTMENT OF STATE, The Portuguese chargé d'affaires called to ask whether it would be agreeable to the Government of the United States if the Portuguese Government should deposit in the Bank of England or some other safe depository the full amount of the Delagoa Bay award. I told him that we had not yet received the complete text of the award, and that I was not able to give him an official assurance of the Government of the United States that it would be accepted, but that I saw no objection to the Portuguese Government making such a deposit as he referred to, subject to any claims or reclamation which the parties in interest might choose to make hereafter. I impressed upon him that what I said was in no sense a waiver of any rights which the parties in interest might have. MEMORANDUM. DEPARTMENT OF STATE, July 21, 1900. The chargé d'affaires of Portugal states verbally that his Government will deposit to-day at the agency of the Comptoir d'Escomptes in London the full amount of the indemnity awarded by the arbitrators to the claimants in the Delagoa Bay arbitration, together with interest at 5 per cent from the 25th day of June, 1889, to the 21st day of July, 1900, consigned both to the order of the American and English Goverments. This is done in accordance with the award. JULY 21. The American claimant, Mrs. McMurdo Penfield, by her counsel has protested to this Government against its acceptance of the Delagoa Bay award. The matter is under consideration and until the Department makes a decision thereon, it regrets its inability to take any action which might be construed as an acceptance of the award, or as absolving the Portuguese Government from plenary liability. If any deposit is made it will be without prejudice to the rights of the American Government as heretofore stated. Mr. Duarte to Mr. Hay. [Translation.] LEGATION OF PORTUGAL IN THE UNITED STATES, July 21, 1900. By order of his excellency the minister and secretary of state for foreign affairs, I have the honor to inform your excellency for such effect as may be proper that on this day the Portuguese Government, in fulfillment of the award of the arbitral tribunal of Berne in the matter of the litigation relative to the Lourenço Marquez (Delagoa Bay) Railroad, and in order to effect a complete release from its responsibility, deposits in the branch office of the Comptoir d'Escompte, at London, to the joint order of the American and English Governments, under the terms of the award aforesaid, the sum corresponding to the awarded indemnity, augmented by the interest, at 5 per cent, computed from the 25th day of June, 1889, to the 21st of July, 1900. I avail myself of this opportunity to reiterate, etc., E. DA COSTA DUARTE. Mr. Thieriot to Mr. Hay. No. 44.] LEGATION OF THE UNITED STATES, SIR: I have the honor to state that I have received from the minister of foreign affairs a note advising me that payment has been made. in London of the amount awarded by the Berne Court of Arbitration in the Lourenço Marquez Railway affair, with the interest thereon in addition. I have inclosed herewith a translation of the note referred to, and I have the honor to be, etc., T. H. THIERIOT, [Inclosure.] Mr. Arrogo to Mr. Thieriot. [Translation.] FOREIGN OFFICE, Lisbon, July 23, 1900. I beg to inform your excellency that His Majesty's Government made a deposit at the agency of the Comptoir National d'Escompte, in London, on the morning of the 21st instant, pursuant to the final award of the court of arbitration at Berne, payable to the order of the Government of the United States of North America, and to that of Her Britannic Majesty, and as a complete discharge from all responsibility on the part of Portugal, a sum equal to the indemnity by the aforesaid court, with the additional amount of interest at 5 per cent from the 25th June, 1889, to the 21st of the present month, the date of payment. I embrace this opportunity to renew, etc., OAD A. ARROQO. No. 87.] Mr. Hay to Mr. Duarte. DEPARTMENT OF STATE, Washington, July 27, 1900. SIR: I have the honor to acknowledge the receipt of your note of the 21st instant, informing me of the deposit of the money awarded by the Delagoa Bay arbitration. As heretofore stated, the Government of the United States is not to be understood as authorizing or acquiescing in the making of said deposit, and in acknowledging the same it does so without prejudice and with reservation of all its rights, of whatever nature or character they may be, in the premises. Accept, etc., JOHN HAY. No. 19.] Mr. Adee to Mr. Thieriot. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 44 of the 24th ultimo inclosing the translation of a note from the minister of foreign affairs advising you of the deposit in London of the money awarded by the Delagoa Bay arbitration. The like information was communicated to the Department by the chargé d'affaires ad interim of Portugal at Washington in a note dated the 21st ultimo. I inclose for your information a copy of the Department's note1 of July 27 by which the chargé was informed that the Government of the United States is not to be understood as authorizing or acquiescing in the making of said deposit, and in ackowledging the same it does so without prejudice and with reservation of all its rights, of whatever nature they may be, in the premises. I am, etc., ALVEY A. ADEE, Acting Secretary. Viscount Santo Thyrso to Mr. Adee. [Translation.] LEGATION OF PORTUGAL IN THE UNITED STATES, Washington, August 21, 1900. MOST ILLUSTRIOUS AND EXCELLENT SIR: Mr. John Hay, in his note of the 27th ultimo, acknowledging the reception of the note of the 21st of the same month in which Mr. Costa Duarte informed him that the Government of His Majesty had deposited, at the branch office of the Comptoir d'Escompte in London, the sum awarded by the tribunal of Berne in the question of the Lourenço Marquez Railway, together with the interest at 5 per cent, computed from the 25th day of June, 1889, to the date of the notification of deposit, made the following statement: As heretofore stated, the Government of the United States is not understood as authorizing or acquiescing in the making of said deposit, and in acknowledging the same it does so without prejudice and with reservation of all its rights, of whatever nature or character they may be, in the premises. Your excellency will have no hesitation in acknowledging that by depositing in the Comptoir d'Escompte the amount awarded, the Government of His Majesty complied for its part with the provisions of the award, and I therefore presume that the reservations made in Mr. Hay's note exclusively refer to the sentence of the arbitral tribunal and not to its execution on the part of the Portuguese Government. I should be much obliged if your excellency would inform me whether I am correctly interpreting the views of the Government of the United States, and I improve this opportunity to reiterate, etc., SANTO THYRSO. No. 91.] Mr. Adee to Viscount Santo Thyrso. DEPARTMENT OF STATE, Washington, August 27, 1900. SIR: I have the honor to acknowledge the receipt of your note of the 21st instant relating to the deposit by His Majesty's Government, at the branch office of the "Comptoir d'Escompte " in London, of the amount awarded to citizens of the United States and British subjects in payment of their claims on account of the rescision of the concession to the Lourenço Marquez Railroad. Referring to the note of the 27th ultimo of the Secretary of State, you quote his statement that “as heretofore stated, the Government of the United States is not understood as authorizing or acquiescing in the making of said deposit, and in acknowledging the same it does so without prejudice and with reservation of all its rights, of whatever nature or character they may be in the premises," and ask to be informed whether you interpret correctly the views of this Government when you say that you "presume that the reservations made in Mr. Hay's note exclusively refer to the sentence of the arbitral tribunal and not to its execution on the part of the Portuguese Government." I have the honor to inform you that the protocol signed at Berne, June 13, 1891, provides distinctly in Article IV, in the third and in the fourth paragraphs that "the amount of the indemnity shall be paid by the Portuguese Government to the other two Governments" (the United States and Great Britain), and it is with reference to this provision that Mr. Hay, in his note of July 27, used the language which you ask to have interpreted. The Department intended by that language as well to preserve all rights with regard to the award itself as also to disclaim all responsibility regarding the deposit of the sum awarded by the tribunal at Berne at the Comptoir d'Escompte. It is understood that the deposit was made at the "Comptoir" in pursuance of a permissive clause in the award, which was apparently designed to enable His Majesty's Government to stop the running of interest on the amount awarded. Accept, etc., ALVEY A. ADEE, Acting Secretary. |