The SENATE:

In response to the Senate resolution of the 4th instant, I transmit herewith a report from the Secretary of State forwarding the report of the agent of the United States in the case of the United States v. Mexico before the Permanent Court of Arbitration under The Hague Convention.

THEODORE ROOSEVELT. WHITE HOUSE,

December 9, 1902.

The PRESIDENT:

The Secretary of State, to whom was referred the resolution of the Senate of December 4, 1902, requesting the President, “if not incompatible with the public interest, to send to the Senate the report and accompanying papers of the agent of the United States in the case of the United States v. Mexico before the Permanent Court of Arbitration under The Hague Convention," has the honor to lay before the President a copy of the agent's report with pleadings, appendix, exhibits, briefs, and record of the entire proceedings. Respectfully submitted.

JOHN HAY. DEPARTMENT OF STATE,

Washington, December 6, 1902. :

3

TABLE OF CONTENTS.

Page.

1. Report of agent, with English translation of award....

9

2. Pleadings:

(a) Memorial of the United States

21

b) Answer of Mexico in Spanish and translation into French, prepared

by the Mexican agent..

30, 43

(c) Replication of the United States, with exhibits consisting of English

translation of Mexican answer with notes, résumé of de Rada liti-

gation, statement as to Indian populations of Lower California, and

copy of deed of Ciénega del Pastor..

56

(d) Conclusions (rejoinder on behalf of Mexico)..

102

3. Appendix to record, containing copies of treaties between the United States

and Mexico, rules of procedure before the mixed commission of 1868 and

The Hague Peace Convention of 1899, with index...

113

4. Briefs submitted to the Permanent Court of Arbitration on behalf of the

United States: a

(a) Statement and brief of agent and counsel of the United States.

197

(6) Brief of Senator William M. Stewart and Mr. C. J. Kappler.

245

(c) Brief of Messrs. Doyle & Doyle..

262

d) Brief of Mr. Garret W. McEnerney.

283

(e) Supplemental brief of Messrs. Doyle & Doyle. (This came too late

for formal submission to the tribunal)

335

5. Exhibits submitted by the United States: 0

(a) Laws of Mexico relating to the Pious Fund ...

343

(6) Translation of extracts referred to in the brief history of the Pious

Fund of the Californias, and to be found on pages 187-221 of the

record in the case of Alemany v. Mexico...

349

(c) Powers of attorney from the bishops of Sacramento and Monterey to

the archbishop of San Francisco

374

(d) Proof of succession of the Most Rev. Patrick W. Riordan, archbishop

of San Francisco ...

377

(e) Proof of succession of the Right Rev. George Montgomery, Roman

Catholic bishop of Monterey

387

Deposition of the Most Rev. Patrick W. Riordan, dated July 24,
1902.

398

(g) Affidavit of Mr. John T. Doyle, dated August 26, 1902, with exhibits.. 399

(h) Atfidavit of the Most Rev. Patrick W. Riordan, archbishop of San

Francisco, dated September 16, 1902.

421

(1) Answer to Mexican call for discovery with relation to the Indian

populations of California..

425

6) Mexican call for discovery, dated August 12, 1902, and supplemental

affidavit of the Most Rev. Patrick W. Riordan with relation thereto. 433

(k) Letter of the Mexican legation at Rome to the Holy See, dated April 6,

1810, and affidavit of the Most Rev. Patrick W. Riordan with rela-

tion thereto...

435
439

448

5. Exhibits submitted by the United States Continued.

(?) Papal bulls relating to the bishopric of California ...

(m) Extracts and translations from " Noticias de Californias," etc..

(n) Translation of motion and arguments of Señor Avila, not submitted to

the tribunal, but inserted to render more complete the record of

the former case of Alemany v. Mexico..

6. Record of the proceedings before the Permanent Court of Arbitration under

The Hague Convention of 1899 in the matter of the Pious Fund of

the Californias, including copy of the official minutes, or procès-

verbaux, with index and table of citations a

450

502