CLAIM OF ANTONIO MAXIMO MORA.* No. 76.] Mr. Curry to Mr. Bayard. LEGATION OF THE UNITED STATES, Madrid, July 9, 1886. (Received July 26.) SIR: The Cuban embargoed-estate claims have been a source of much labor and annoyance. The particular claim of Antonio Maximo Mora has elicited memorials, testimony, arguments, instructions, dispatches, and notes sufficient to fill a large folio volume. On May 3, 1883, after the United States and Spanish Commission had closed their labors, instructions were issued to this legation to present the case of Mora anew and, in view of its intrinsic importance and the lapse of time since the original seizure of the property, to secure, if possible, an early consid eration and payment. A strong note was presented on the 4th of July, 1883, but the records of this legation show no departure from the chronic habit of postponement and delay. The case and papers were probably "pigeon-holed" until "mañana" should arrive. In No. 28 of January 22, 1886, fresh instructions were presented with injunctions to "press" the claim. The wish of the Department has been followed literally. Orally and in writing, arguments and energy have been put forth, as opportunity offered or could be made. The Spanish Government has felt reluctant to make itself pecuniarily responsible for the bad conduct of remote officials, and has looked with suspicion upon the claims for restoration of property, or indemnity, made by persons who, it is alleged, had become American citizens to shelter themselves under that ægis, and thus stimulate more effectively and with impunity the insurrectionary spirit that prevailed in the Island of Cuba. Impecuniosity has coerced or increased an unwillingness to assume liabilities with which the home Government had no immediate connection and no responsibility beyond what grows out of the general liability of principal for the acts of agent. The policy of concentrating instead of diffusing effort, sustained by unflagging diligence, has borne early fruit. The letter of Minister Moret, of which a copy and a translation are inclosed, is a distinct and unequivocal agreement to pay what will represent an equitable indemnity for the value of the property of which Mr. Mora has been dispossessed. My reply to this satisfactory note is inclosed. Soon I asked for the conference which the minister suggested in order to agree upon the amount of the indemnity. As the late treaty between Spain and Great Britain is under discussion in the Cortes, the minister of state, to expedite a settlement, appointed two sub-secretaries to act for him. On the 5th instant I repaired, in company with the secretary of legation, to the office of the minister. The sub-secretaries met us and we entered upon the conference. To their suggestion that formal and *Reprinted from Sen. Ex. Doc. No. 175 Fifty-second Congress, first session; Sen. Ex. Doc. No. 115, Fifty-third Congress, second session, and Sen. Ex. Doc. No. 10, Fifty-third Congress, third session. reliable proof was needed to sustain the specifications and that reference must be had to the consul-general, I replied that the claim had been pending for sixteen years, that the note of the secretary was full acknowledgment of Spain's obligation and willingness to pay, and that the demand for other documents seemingly looked to a prolongation for another sixteen years. The secretaries protested against such a construction, stated that the note sent to me had been approved by Mr. Mores's colleagues, and, that there might be an adjustment of the matter, asked me to mention a sum which would be accepted in liquidation of the claim. I mentioned $1,800,000. We were informed that the proposition would be submitted to the minister and an early reply was promised. As yet we have no sign of acceptance or rejection. The old Romans in Carpe diem confirmed a Christian duty. Spaniards seem not to have learned that the present ever is; the future never is. I commit, during my needed vacation (for the experiences of the last few months have kept me in a strain of nervous inquietude and mental excitement) the further prosecution of this case, under the unequivocal promise made, to Mr. Strobel, with fullest confidence. It may become necessary, in order to leave no loop to hang a doubt upon, to apply to the Department for the original documents, or authenticated copies of them, on which instructions No. 3, May 3, 1883, were issued to this legation. I have, etc., [Inclosure 1, in No. 76.-Translation.] J. L. M. CURRY. Señor Moret to Mr. Curry. MINISTRY OF STATE, MY DEAR SIR: The claims which your legation has made against the Spanish Government relative to the embargoed property in the Island of Cuba of Messrs. Antonio Maximo Mora and D. José Maria Mora, have deserved for sometime the most friendly consideration from the Spanish Government. If the definite orders sent to the captain-general of Cuba for the return of the embargoed property have not been complied with until the present time, it is due to the peculiar occurrences that have taken place in that island, as well as to the legal difficulties that have appeared to prevent the return of the property. This combination of circumstances, and the time which has elapsed, make at this day the strict accomplishment of the order impossible; that is, the restoration of the property, but as the Spanish Government desires to give one proof more of its consideration for the Government of the United States, and for your excellency who so worthily represents it, it has not hesitated to propose the payment of a sum of money which will represent an equitable indemnity for the value of said property. If your excellency, therefore, accepts this proposition, we can by mutual agreement fix upon the amount of the indemnity in view of the data and facts which are shown in the documents of the case, after which the minister of the colonies can include in his budget the sum upon which we have agreed, if, from the analogous questions pending between both nations, there should not result some more expeditious means of immediate payment to the claimants, on the express condition that they shall renounce any further claim for the embargo of their property and for everything that bears any relation with it. I renew, etc., MINISTER PLENIPOTENTIARY OF THE UNITED STATES. S. MORET. [Inclosure 2 in No. 76.] Mr. Curry to Señor Moret. LEGATION OF THE UNITED STATES, EXCELLENCY: I have the honor to acklowledge the receipt of your excellency's note of yesterday, informing me that as a result of events in the Island of Cuba, of legal difficulties that have arisen, and of the lapse of time since its embargo, it would be impossible for the Government of Spain to give effect to the order restoring the property of the American citizen Antonio Maximo Mora, but proposing the payment of a sum of money which will represent an equitable indemnity for the losses sustained by him. It gives me much pleasure to state that the Government of the United States accepts a proposition so in harmony with justice and to inform your excellency that I am ready, at any moment, to confer with your excellency upon the amount of the indemnity. In view of the exalted sense of justice and honor shown by the Government of Her Majesty in regard to this matter and the full data, referred to by your excellency, as existing in the documents of the case, I am confident we can arrive at an immediate and satisfactory conclusion in time, as your excellency thoughtfully suggests, to include the amount in the budget of his excellency the minister of Ultramar. The amount of indemnity agreed upon and paid will be accepted by the Government of the United States as a full discharge of all demand against the Government of Spain as growing out of this claim. In this connection I can not withheld the expression of the high appreciation of this action of the Spanish Government as felt by myself, and that will be felt, as soon as I shall have the pleasure of communicating your official note, by the Government of the United States, a feeling produced. not only by the just decision of Her Majesty's Government, but also by the generous interest which your excellency has personally exhibited in the settlement of this wearisome question and of all contentions that interfere with the most perfect accord between our respective governments. I take advantage of this opportunity to renew to your excellency the assurances of my most distinguished consideration. J. L. M. CURRY. His Excellency S. MORET. No. 136.] Mr. Curry to Mr. Bayard. LEGATION OF THE UNITED STATES, Madrid, October 23, 1886. (Received November 6.) SIR: I have the honor to inclose a note which I addressed to the minister of state. In Mr. Strobel's 112, September 8, 1886, he reported ineffectual efforts to secure a fulfillment of a positive promise. In an unofficial note of 20th instant Mr. Moret says, "I am sorry to say the Mora case can not go further without the settlement of our commercial troubles. My colleague objects strongly to it." I have, etc., J. L. M. CURRY. [Inclosure 1 in No. 136.] Mr. Curry to Señor Moret. LEGATION OF THE UNITED STATES, EXCELLENCY: On June 30 last you kindly sent me a note, saying "the Spanish Government" has not "hesitated," in the case of the claim of Antonio Maximo Mora, in proposing the delivery of an amount in cash which may represent an equitable indemnity of the value of that property. You further said if I accepted the proposition we shall be able to fix by mutual agreement the amount of the indemnity, in view of the facts and antecedents which already exist in the papers, after which the minister of the colonies shall be able to include in his budget the sum we may have agreed upon. Promptly, on the part of the Government of the United States, I accepted the proposition. More than three months have elapsed, and, so far as this legation has knowledge, no progress has been made in agreeing upon the “equitable indemnity," although the representative of the United States has, for that purpose, held himself entirely "at the disposition" of your excellency. For sixteen years the unfortunate citizen of the United States has suffered from the spoliation of his property. The weary years have dragged their slow length along, while he has been impoverished and crushed. As there is a limit to human patience, so it would seem there should be a limit to the negotiations connected with this claim. Every principle, essential and non-essential, involved in the claim has been adjudicated by the Government of Spain. Nothing remains except to agree on the equitable indemnity and to pay the money. May I not ask your excellency, in justice to a man whom the Government has repeatedly admitted that the Cuban authorities grossly wronged, to give this matter prompt and decisive attention? Receive, etc., J. L. M. CURRY. Mr. Curry to Mr. Bayard. [Telegram.] LEGATION OF THE UNITED STATES, Madrid, November 30, 1886. This Government offers $1,500,000 in full settlement of the claim of Mora. Will be charged on Cuban budget of next year. Shall I accept with authority to arrange details of payment? CURRY. Mr. Curry to Mr. Bayard. [Telegram.] LEGATION OF THE UNITED STATES, Madrid, December 2, 1886. Mr. Curry asks whether the amount mentioned in his telegram regarding the Mora claim is acceptable. If so, he thinks it important to bring the matter to an immediate close. Messrs. Shipman, Barlow, Larocque & Choate to Mr. Bayard. NEW YORK, December 3, 1886.. SIR: We acknowledge with many thanks your telegram of the 1st instant, announcing the fact that "$1,500,000, to be charged, on Cuban budget of next year, offered in full settlement of Mora claim,” which sum, while it is not equal to Mr. Mora's just claims against Spain, will be accepted by him most gratefully, if this offer is meant to carry with it the certainty of payment. But he informs us that in other similar cases the agreement to pay out of the Cuban budget has resulted in nothing beyond a liquidation of the amount due, and that payments have been long delayed or avoided. He therefore asks us to say that he will accept the proposition to fix the amount due to him at $1,500,000, but asks that this liquidated sum be paid in Washington. Again thanking you on behalf of Mr. Mora for the good offices of our Government so effectively rendered in his behalf, No. 155.] Mr. Curry to Mr. Bayard. LEGATION OF THE UNITED STATES, Madrid, December 9, 1886. (Received December 27.) SIR Referring to my telegram of the 30th ultimo, reporting that the Spanish Government had offered $1,500,000 in settlement of the claim of Antonio Maximo Mora, to be charged upon the Cuban budget of next year, with details of payment to be arranged, I have the honor to state that I received on the 7th instant your telegram in reply, and have notified the minister of state of the acceptance of the offer by the Government of the United States. I beg leave to inclose copies and translations of the correspondence with the Spanish Government in reference to the subject, as well as of the telegrains exchanged with the Department. I have, etc., [Inclosure 1 in No. 155.-Translation.] J. L. M. CURRY. MINISTRY OF FOREIGN AFFAIRS, MY DEAR SIR: In reply to the note of your excellency, dated the 20th instant, referring to the settlement of the subject which we know by the name of the Mora claims, I have the honor to inform your excellency that the council of ministers has been occupied in detail with the matter, and animated by the desire of fulfilling the engagements formerly contracted and of responding to the claims of the United States, has decided upon the following terms of settlement, of which I have the honor of informing your excellency: (1) To fix as a definite amount of the value of the embargoed property of Messrs. Mora, which the Government decided to return in 1873 and 1876 the sum of $1,500,000. In this sum is included all indemnity that can be claimed for the principal as well as interest, damages, and injury. (2) The sum to be paid by a charge upon the Cuban budget and the minister of Ultramar will propose to the Cortes the means of payment in the next budget of 1887-'88. I must add that as the colonial budget is not in a condition to support at one time the considerable sum of $1,500,000, especially after the arrangement just made for the payment of the debt and outstanding obligations, the Government has naturally reserved the determination of the most practicable method of paying the amount, of which I shall have occasion to give to your excellency due information. If your excellency, as I hope, will find these conclusions to be just and will be good enough to express to me your assent to them, we can consider as terminated a matter which your excellency aptly qualifies as protracted and annoying to both governments, on the express condition, as I have already had the honor of informing you in my note of June 30 last, that the Messrs. Mora and the Government of the United States in their name shall renounce all further claim for the embargo of their property and everything concerned therewith. I avail myself of this occasion to renew to your excellency the assurances of my most distinguished consideration. The MINISTER PLENIPOTENTIARY OF THE UNITED STATES. S. MORET. (Inclosure 2 in No. 155.] Mr. Curry to Señor Moret. LEGATION OF THE UNITED STATES, EXCELLENCY: In reply to your excellency's note of the 29th ultimo, offering the amount of $1,500,000 in settlement of the claim presented by this legation to the Government of Spain in behalf of the American citizen Antonio Maximo Mora, for the |