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Mr. Gresham to Mr. Thompson.

No. 174.)

DEPARTMENT OF STATE,

Washington, September 27, 1894. SIR: In response to your No. 275, of the 27th ultimo, I have to say, that as the Brazilian Government has recognized the appointment of Mr. Reuben Cleary as deputy consul-general of the United States at Rio de Janeiro, a formal exequatur is not necessary. I am, etc.,

W. Q. GRESHAM.

ELECTION OF PRESIDENT.

Mr. Thompson to Mr. Gresham.

No. 253.)

LEGATION OF THE UNITED STATES,

Petropolis, June 28, 1894. (Received July 26, 1894.) SIR: The conclusions of the congressional committee appointed to examine the returns and report upon the legality of the presidential election were adopted in joint session June 22, and Prudente de Moraes and Victorino Pereira recognized as President and Vice-President during the period from 1894 to 1898. The term of the newly elected officers commences on November 15 of this year.

The total vote only reaches 350,795, which is small considering the committee estimates the number of electors at 800,000. But as there was no organized opposition, and this is the first election by the people, it is not surprising to find it small. The fact also that the States of Santa Catharina, Paraná, and Rio Grande do Sul did not participate materially reduced the total vote.

It has been urged that the failure of these States to take part invalidated the election, but the committee in their report dispose of the question in a very reasonable manner.

This was the only opposition which the adoption of the committee's report met with in Congress, but it only had the support of three members, who withdrew their opposition before a vote was reached. I have, etc.,

Thos. L. THOMPSON.

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CELEBRATION OF THE FOURTH OF JULY.

Mr. Thompson to Mr. Gresham.

No. 262.

LEGATION OF THE UNITED STATES, Petropolis, July 12, 1894. (Received August 14, 1894.) SIR: On the Fourth of July a general demonstration of friendliness and good will to our Government was made by the people of Rio de Janeiro. In honor of the anniversary of our Declaration of Independence all public departments were closed, flags displayed, and some buildings very beautifully decorated. The vessels of the national squadron were also decorated, and the fortresses in the harbor at 6 a. m., 12 m., and 6 p. m. fired a national salute. Many private business houses were closed, and the day was generally observed as a holiday.

I received on the 2d instant notice from a committee of citizens that they desired to address me on the 4th, and requested that I name an hour and place convenient. I replied that I would be pleased to meet them at the consulate at 1 o'clock. At the hour appointed the committee arrived, and Dr. Ennes de Souza read an address, of which I inclose a copy and translation, together with my reply, which immediately followed. The greetings were very cordial, characterized by expressions of admiration and the warmest friendship for the President, Government, and people of the United States.

During the afternoon special aids from the Vice-President, minister for foreign affairs, war, navy, and other public departments called to offer the congratulations of their chiefs, as well as a great many private citizens.

Bands of music from the war, navy, and police departments were sent to serenade, and during the afternoon played ours as well as their own national airs.

At the legation the representatives of other foreign powers called.

I inclose all correspondence had upon the subject, with extracts from the local papers.

As the demonstration was impromptu and in no way official, a pote to the minister for foreign affairs thanking the Government for the friendly interest shown by the people I considered unnecessary, if not out of place, preferring to call upon the heads of the departments and thank them personally for their kindness. I have, etc.,

Thos. L. THOMPSON.

! Inclosures not printed.

CHILE.

UNITED STATES AND CHILEAN CLAIMS.

Mr. Gresham to Mr. Porter.

No. 55.]

DEPARTMENT OF STATE,

Washington, January 10, 1894. SIR: My No. 48 of the 23d ultimo confirmed my telegraphic instruction to you of December 21, in regard to the negotiation of a supplementary convention extending to August 9, 1894, the term fixed by the second paragraph of the claims convention of August 7, 1892, within which the commissioners are bound to examine and decide upon every claim presented to them. In your acknowledging telegram of December 22 you expressed yourself as not being confident of negotiating the needed extension.

I am in receipt of your telegram of the 28th ultimo, announcing that " Chile declines convention."

This intelligence was to some extent disquieting, in view of the apprehension that it might possibly foreshadow a purpose on the part of the Chilean Government to contend that, under the terms of the eleventh article of the convention, claims duly presented to the commission but not considered or acted upon by it, should be included in the category of claims to “be treated and considered as finally settled, concluded, and barred.”

The eleventh article clearly means that the result of the commis. sion shall be "a full, perfect, and final settlement of any and every claim upon either Government” actually brought before the commission; and the barring clause was incorporated, as is usual in this class of treaties, to meet the case of claims which, by design or neglect, might not be presented to the tribunal. This clause is necessary to avert the probable abuse which would ensue were claimants at liberty to keep their claims internationally alive by the simple expedient of not submitting them to the tribunal. It certainly could never be construed as barring claims which are presented but not considered by the commission owing to shortness of time.

While the maintenance of such a position by Chile seemed as unlikely as that the United States should advance it in regard to claims of Chilean citizens against this Government in the event of failure to act upon them, it appeared proper to confer with the minister of Chile on the subject, and an interview was accordingly arranged with him.

I am bappy to say that I received from Señor Gana the most explicit and positive assurances that his Government regards and will regard the provisions of Article XI of the convention as barring (with the unpresented claims) only such duly presented claims as shall in due course of the proceedings of the commission be settled and concluded by its announced award; and that under no circumstances shall the international rights of a claimant whose claim has been duly brought before the commission be prejudiced by the failure of the commission to pronounce an award or reach a decision in respect thereof.

It afforded me pleasure to give Señor Gana an equally positive and explicit assurance on behalf of the Government of the United States.

You will communicate the purport of this instruction to his excel. lency the secretary of foreign relations. I am, etc.,

W. Q. GRESHAM.

Mr. Gresham to Mr. Porter.

(Telegram.)

DEPARTMENT OF STATE,

Washington, April 10, 1894. Mr. Gresham informs Mr. Porter that the commission for the settlement of claims has expiled by limitation, having disposed of twentyfive cases, leaving eighteen not disposed of, and instructs him to ascer. tain whether Chile will consent to a convention to create another commission as it is earnestly desired by the United States.

Mr. McGarr to Mr. Gresham.

No. 118.]

LEGATION OF THE UNITED STATES,

Santiago, April 13, 1894. (Received May 25.) SIR: I received your telegram of the 10th instant. On the same day I sent to Mr. Blanco, the minister of foreign relations, a note-copy of which is inclosed-expressing the wish of our Government for another commission to dispose of the cases left undisposed of by the late commission, etc.

The resignation of the present cabinet was accepted by the President several weeks ago, upon the condition of its remaining in office until a new ministry should be selected in harmony with the liberal majority in the Congress. Up to this time the efforts made by the liberal leaders to form such ministry have been abortive, and the “ministerial crisis” continues. In the meanwhile the old cabinet remains only to perform routine duties and such urgent acts as are necessary to the ordinary functions of the Government. It is, therefore, probable that the question of a new commission will not be determined until after the formation of the proposed new ministry. I have, etc.,

OWEN MCGARR.

(Inclosure in No. 118.)

Mr. McGarr to Mr. Blanco.

UNITED STATES LEGATION,

Santiago, April 11, 1894. SIR: The commission for the settlement of claims under the convention of August 7, 1892, between the United States and the Republic of Chile, has expired by limitation after disposing of twenty-five cases, and leaving eighteen claims undisposed of for want of time.

My Government earnestly desires another commission to complete the work left unfinished, and I am instructed to ascertain if your excel. lency's Government, animated by a like desire, will consent to a convention to create another commission for the purpose indicated.

Trusting to receive a favorable response, and with renewed assur. ances of my highest consideration. I am etc.,

OWEN MCGARR.

Mr. McGarr to Mr. Gresham.

No. 121.)

LEGATION OF THE UNITED STATES,

Santiago, April 21, 1894. (Received May 25.) Sir: I have received from the minister of foreign affairs a pote (of which a translation is inclosed) saying that the determination of the question of another commission to dispose of the unsettled claims presented to the late United States and Chilean claim commission will be communicated by his successor in that ministry. I am, etc.,

O. MCGARR.

(Inclosure in No. 121— Translation.)

Mr. Blanco to Mr. McGarr.

SANTIAGO, April 16, 1894. SIR: I have the honor to receive your communication in which, after informing me that the functions of the arbitration commission created by the convention of August 7, 1892, have expired without its having disposed of some of the claims presented, in compliance with instruction of your Government you invite me to enter into a new commission to decide them.

In reply it devolves upon me to inform you that, owing to the situation in which the present cabinet is placed, the determination which the Government may take in regard to this grave matter will be communicated to you by my successor in this ministry. I avail myself of the opportunity, etc.

V. BLANCO.

Mr. McGarr to Mr. Gresham.

No. 131.]

LEGATION OF THE UNITED STATES, Santiago, June 5, 1894. (Received July 14.)

) SIR: In reply to your note of the 10th of April last, in reference to another commission to adjudicate the claim left undisposed of by the late arbitration commission, I received yesterday a note from the minister of foreign relations, a translation of which I inclose.

It will be seen that Mr. Fontecilla confirms his oral statement reported in my dispatch, No. 131, of the 29th ultimo, that Chile had agreed to discuss, through its representative at Washington, the matter of another international commission. I am, etc.,

O. MOGARR.

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