File No. 837.001M52/21. The Cuban Chargé d'Affaires to the Secretary of State. No. 22.1 [Translation.] LEGATION OF CUBA, Washington, June 3, 1913. SIR: I have the honor to send you, together with the office copy, the autograph letter which, upon the occasion of his assumption of the functions of the Executive Power, the Honorable General Mario G. Menocal directs to His Excellency the President of the United States, the Honorable Woodrow Wilson. I beg you to forward it to its high destination, and I avail [etc.] MANUEL DE LA VEGA. [Inclosure.] The President of Cuba to the President. PALACE OF THE PRESIDENCY, Habana, May 20, 1913. GREAT AND GOOD FRIEND: I have the honor to inform Your Excellency that as a result of the general national elections on the first day of November of one thousand nine hundred twelve I was proclaimed on the twenty-first of last April by the Senate and House of Representatives in Congress assembled President of the Republic during the period from one thousand nine hundred thirteen to one thousand nine hundred sixteen. And having on this day taken the oath required by the Constitution upon assuming the exercise of the Executive Power, I am glad to assure you that from the high post which I have been called to take by the vote of my fellowcitizens, it will be my invariable desire to strengthen the friendly relations that so happily exist between our Countries and Governments. I earnestly wish prosperity for your Nation and personal happiness for Your Excellency, of whom, Great and Good Friend, I am,. Your Good Friend, COSME DE LA TORRIENTE, Secretary of State. MARIO G. MENOCAL. File No. 837.001M52/21. No. 239.] The Secretary of State to the American Minister. DEPARTMENT OF STATE, Washington, June 23, 1913. SIR: I enclose, with office copy, a letter addressed by the President to His Excellency General Mario G. Menocal, acknowledging his letter of May 20 last in which he announced his election on November 1 last to the Presidency of the Republic of Cuba and his entrance upon the duties of that office. You will forward the copy to the Foreign Office and deliver the original in the manner most agreeable to His Excellency. I am [etc.] For the Secretary of State: [Inclosure.] The President to the President of Cuba. GREAT AND GOOD FRIEND: I have received the letter of the 20th of May last, in which Your Excellency announced your election, on the 1st of November last, to the Presidency of the Republic of Cuba and your entrance upon the duties of the office. I cordially reciprocate the sentiments you express for the continuance of the friendly relations which have heretofore existed between the United States and Cuba, and I assure Your Excellency of my best wishes for your personal welfare and for the prosperity of the Republic over which you have been called to preside. Your Good Friend, By the President: W. J. BRYAN, Secretary of State. WASHINGTON, June 18, 1913. WOODROW WILSON, PROPOSAL OF FRANCE, GERMANY AND GREAT BRITAIN TO ARBITRATE WITH CUBA CERTAIN INSURRECTIONARY CLAIMS OF THEIR NATIONALS ARISING PRIOR TO 1898.1 File No. 437.00/46. No. 612.] The American Minister to the Secretary of State. AMERICAN LEGATION, Habana, January 29, 1913. SIR: Referring to previous correspondence in regard to the socalled insurrectionary claims of British, French and German subjects against the Republic of Cuba, I have the honor to report that President Gómez has addressed a message to Congress in request of authorization to arbitrate these claims. There is little, if any, likelihood of action by Congress during the present session which, if the custom of former years is observed, will adjourn some time next month reconvening the first Monday in April. I have [etc.] A. M. BEAUpré. File No. 437.00/47. No. 654.] AMERICAN LEGATION, SIR: Referring to my despatch No. 612, of January 29, 1913, reporting [etc.] I have the honor further to report that bills carrying out the President's recommendation have been drafted by the committees on Foreign Affairs, and Justice and Codes, and submitted to the House for consideration. Both bills in effect contemplate authorizing the President of the Republic to enter into an agreement with the powers concerned for submitting to arbitration the principle involved, that is to say, whether the Republic of Cuba is responsible for damages to property of British, German and French subjects alleged to have been Continued from For. Rel. 1912, pp. 276-293. caused by Cuban revolutionary forces in the war of 1895-98. The bill of the Committee on Foreign Affairs authorizes the Executive to enter into an agreement with the interested powers, in the event that the arbitration is decided against Cuba, for the appointment of a commission to which determination of the individual claims shall be referred. This bill further provides that, after the commission in question shall have completed its labors, its findings shall be submitted to Congress for approval in accordance with the "first transitory provision" of the Constitution. The bill of the Committee on Justice and Codes provides that in the event of a decision unfavorable to Cuba, the Executive shall enter into agreement with the claimant powers for the determination of individual claims by a commission, which agreement shall be "submitted to the Senate for approval in accordance article 47 of the Constitution." It contains no provision for the ultimate submittal of the findings of this commission to Congress, as does the bill of the Committee on Foreign Affairs. I have [etc.] File No. 437.00/48. A. M. BEAUPRÉ. No. 655.] AMERICAN LEGATION, SIR: Referring to my despatch No. 654 of the 15th instant [etc.], I have the honor to report that at yesterday's session of the House the bill of the Committee on Foreign Affairs was approved and now goes to the Senate for action. The text of this bill is as follows: Article 1. The President of the Republic may enter into an agreement of arbitration with the accredited representatives of the Governments of Germany, England and France, for the purpose of determining whether the Republic of Cuba may be held responsible for damages to property of subjects of those nations alleged to have been caused by the revolutionary forces during the war of 1895-98. Article 2. In the event that the tribunal of arbitration shall decide against the contention of the Republic of Cuba that the Republic is in no wise liable for the aforesaid damages, the President of the Republic is hereby authorized to enter into an agreement with the Governments of Germany, England and France for the formation of a commission to consider and pass upon claims filed in due time and form by subjects of those nations; the findings of which commission shall be duly submitted to the consideration and approval of the Congress of the Republic in conformity with the terms of the first transitory provision of the Constitution. File No. 437.00/49A. The Secretary of State to the American Minister. [Telegram-Paraphrase.] DEPARTMENT OF STATE, This Government cordially approves the measures pending in the Cuban Congress designed to create boards for the arbitration of claims of European citizens against Cuba. We are informed that the former administration indorsed similar bills and we are in harmony with the principle of arbitration. You will make a statement in the above sense to the Cuban Government. The Senate yesterday passed the bill authorizing the President to conclude an agreement for arbitrating prima facie French, British and German claims. BEAUPRE File No. 437.00/52A. The Secretary of State to the American Minister. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Regarding the Department's telegram of May 17 concerning arbitration of claims, say to the President that it should not be construed as an insistence upon immediate action, as we recognize that the new administration has not had time to investigate, although it is taken for granted that the matter will be taken up by the President as soon as other duties permit, and we shall be pleased to hear from him if any reason against provision for arbitration should exist. BRYAN. File No. 437.00/53. The American Minister to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Habana, June 6, 1913. The President today expressed satisfaction with the Department's telegram of June 5 and desires me to say that his Government is according the arbitration claims question more serious attention than to any other pending matter. 1 Before this interview the Secretary of State had addressed to the French Minister a note thoroughly in harmony with your views. adding that the question was being studied and a statement of the new administration's position would be made with no unnecessary delay. File No. 437.00/66. 、་ BEAUPRÉ The Legation of Cuba to the Department of State. [Memorandum, without date-Not a translation.] MEMORANDUM. LEGACIÓN DE CUBA, In reference to the interview held yesterday between the Honorable Secretary of State of the United States and the appointed Minister of Cuba, the reasons are hereafter stated on which the Governnient of Cuba objects to submit to arbitration the claims presented jointly by the Governments of Great Britain, Germany and France for damages alleged to have been caused to properties belonging respectively to the subjects of those nations, by Cuban revolutionary forces during the war for independence: 25 First. Because recourse to arbitration can be advised only whenever there shall be apparent grounds for differences of opinion on the subject at issue, and not when the facts are so clear and such as make it reasonably impossible to differ in opinion on the question. Second. Because in the case of the above-mentioned claims, the facts are so clear that they exclude all possibility of any differences of opinion as to the conclusions to be inferred from them. Third. The facts are: (a) That the Cuban forces which are alleged to have caused the damages were not granted belligerent rights either by Spain, Great Britain, Germany or France. (b) That the war for independence was followed, after the war of the United States against Spain, by a treaty of peace made in Paris between commissioners representing only the Government of Spain and that of the United States, no participation therein having been given to the Cuban Revolutionary Government. (c) That pursuant to that treaty an American Military Government was established in Cuba, which lasted until the 20th of May of 1902. (d) That the Constitution was framed by a Cuban Convention called together by the American Military Government in Cuba, and the United States approved the Constitution thus framed, and ordered that a republic be established under it. (e) That the Republic of Cuba was recognized by all the foreign Powers, as established and regulated by the Constitution, against the provisions of which they made no protest. 1 On Tune 5. |