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tion the oral arguments presented before the tribunal by the agents and the counsel of the two parties in litigation;
Considering that the litigation submitted to the decision of the tribunal of arbitration consists in a conflict between the United States of America and the United Mexican States, which can only be decided upon the basis of international treaties and the principles of international law:
Considering that the international treaties concluded from the year 1848 to the compromis of May 22, 1902, between the two powers in litigation, manifest the eminently international character of this conflict; Considering that all the parts of the judgment or the decree concerning the points debated in the litigation enlighten and mutually supplement each other, and that they all serve to render precise the meaning and the bearing of the dispositif (decisory part of the judgment) and to determine the points upon which there is res judicata and which thereafter can not be put in question;
Considering, that this rule applies not only to the judgments of tribunals created by the State, but equally to arbitral sentences rendered within the limits of the jurisdiction fixed by the compromis;
Considering, that this same principle should for a still stronger reason be applied to international arbitration;
Considering, that the convention of July 4, 1868, concluded between the two States in litigation, had accorded to the Mixed Commission named by these States, as well as to the umpire to be eventually designated, the right to pass upon their own jurisdiction;
Considering, that in the litigation submitted to the decision of the Tribunal of Arbitration, by virtue of the compromis of May 22, 1902, there is not only identity of parties to the suit, but also identity of subject-matter, compared with the arbitral sentence of Sir Edward Thornton, as umpire, in 1875, and amended by him October 24, 1876; Considering, that the Government of the United Mexican States conscientiously executed the arbitral sentence of 1875 and 1876 by paying the annuities adjudged by the umpire;
Considering, that since 1869 thirty-three annuities have not been paid by the Government of the United Mexican States to the Government of the United States of America, and that the rules of prescription, belonging exclusively to the domain of civil law, can not be applied to the present dispute between the two States in litigation;
Considering, so far as the money is concerned in which the annual payment should take place, that the silver dollar, having legal currency in Mexico, payment in gold can not be exacted, except by virtue of an express stipulation;
Considering that in the present instance such stipulation not existing, the party defendant has the right to free itself by paying in silver; that with relation to this point the sentence of Sir Edward Thornton has not the force of res judicata, except for the twenty-one annuities with regard to which the umpire decided that the payment should take place in Mexican gold dollars, because question of the mode of payment does not relate to the basis of the right in litigation, but only to the execution of the sentence.
Considering, that according to article 10 of the protocol of Washington, of May 22, 1902, the present Tribunal of Arbitration must determine, in case of an award against the Republic of Mexico, in what money payment must take place;
FR 1902, PT 3
For these reasons the Tribunal of Arbitration decides and unanimously pronounces as follows:
1. That the said claim of the United States of America for the benefit of the Archbishop of San Francisco and of the Bishop of Monterey is governed by the principle of res judicata by virtue of the arbitral sentence of Sir Edward Thornton, of November 11, 1875; amended by him October 24, 1876.
2. That conformably to this arbitral sentence, the Government of the Republic of the United Mexican States must pay to the Government of the United States of America the sum of $1,420,682.67 Mexican, in money having legal currency in Mexico, within the period fixed by article 10 of the protocol of Washington of May 22, 1902.
This sum of $1,420,682.67 will totally extinguish the annuities accrued and not paid by the Government of the Mexican Republic-that is to say, the annuity of $43,050.99 Mexican from February 2, 1869, to February 2, 1902.
3. The Government of the Republic of the United Mexican States shall pay to the Government of the United States of America on February 2, 1903, and each following year on the same date of February 2, perpetually, the annuity of $43,050.99 Mexican, in money having legal currency in Mexico.
Done at The Hague in the hotel of the Permanent Court of Arbitration in triplicate original, October 14, 1902.
T. M. C. ASSER.
A. F. DE SAVORNIN LOHMAN.
Memorial of the United States.
Answer of Mexico in Spanish and translation into French, prepared by the Mexican agent
Replication of the United States, with exhibits consisting of English translation of Mexican answer with notes, résumé of de Rada litigation, statement as to Indian populations of Lower California, and copy of deed of Ciénega del Pastor.
Conclusions (rejoinder on behalf of Mexico).
MEMORIAL OF THE CLAIM OF THE UNITED STATES OF AMERICA AGAINST THE REPUBLIC OF MEXICO.
(Submitted to the determination and judgment of the arbitral court provided for in the protocol of an agreement between the said Republics, bearing date on the 22d day of May, A. D. 1902.)
This claim is made by the United States aforesaid, on behalf of the Roman Catholic Church, of what was formerly known as Upper California, represented by the Roman Catholic Archbishop of San Francisco, California, and the Roman Catholic Bishop of Monterey, California, successors of the former Bishop of the Californias.
I. The said claimants show to this honourable court, that the said Roman Catholic Archbishop of San Francisco is a corporation sole incorporated under the laws of the State of California, and the said Roman Catholic Bishop of Monterey is also a corporation sole incorporated under the same laws; that the Most Reverend Patrick W. Riordan is the incumbent of said first mentioned corporation, and the Right Reverend George Montgomery incumbent of the said last mentioned one, and that as such Archbishop and Bishop they are successors of the Right Reverend Francisco Garcia Diego, formerly Bishop of the Californias, now deceased.
The said claimants thereupon allege that the Republic of Mexico is indebted to the Roman Catholic Church of that portion of the United States which was formerly designated and known as Upper California, represented by the Bishop and Archbishop aforesaid, in a large sum of money, to-wit: in the sum of one million four hundred and twenty thousand six hundred and eighty-nine dollars and sixty-seven cents, in Mexican Gold money, for the portion of the interest or income which has accrued since February 2nd, 1869, on the capital of the Pious Fund of the Californias corresponding, and properly belonging to what was anciently known as "Alta California" or Upper California, now a portion of the United States of America.
II. The Pious Fund of the Californias was a great charity, founded and endowed during the closing years of the seventeenth and portion of the eighteenth century, for the purpose of propagating the Catholic faith in unsettled portions of Spanish North America, called the Californias, and included, as did the whole scheme of the Spanish conquest of America, the conversion to the Catholic faith of the Indian tribes of the country, as well as the establishment of churches, the support of the clergy and the maintenance of divine worship there, according to the faith and rites of the Catholic Church." It was confided to the
"Nachrichten von der Amerikanischen Halbinsel Californien; Geschreiben von einem Priester der Gesellschaft Jesu, &c. Manheim, 1772, pp. 198-199 (Hereafter cited as "Nachrichten.")
Noticia de la California y de su Conquista Temporal y Espiritual hasta el Tiempo Presente. Sacada de la Historia Manuscrita, Formada en México año de 1739, por el Padre Miguel Venegas, de la Compañía de Jesús, &c., &c. Madrid, 1757. Vol. II,