No. 645.
Mr. Bayard to Mr. de
Muruaga.
Washington, August 16, 1887.
Sir: I have had the honor to receive your note of the 12th ultimo, proposing that the modus vivendi of October 27 last, which has been extended until the 31st of December next, should be formally renewed, with the extension, however, of its provisions in terms to the Philippines and all other colonies of Spain, which I expressed the willingness of this Government to do in my note to you of the 7th of February last.
In examining the draught of a new agreement, submitted in your note of the 12th ultimo, I find that it will be necessary, in order to make all parts of it conform, to insert, after the word “Philippines,” in the first paragraph, the phrase, “and also to all other countries belonging to the Crown of Spain.” The first paragraph, which provides for the equal treatment of American vessels and their cargoes going to the ports of Spain, would then correspond with the provisions of the second paragraph, which relates to Spanish vessels coming to the United States “from Spain, from the aforesaid possessions (Cuba and Porto Rico) and from the Philippine Islands, and also from all other countries belonging to the Crown of Spain, or from any foreign country.”
In respect to your suggestion that “in order that it may possess the necessary validity,” the agreement thus enlarged should be signed and sealed, I have the honor to say, that while I am not aware of any objection to the sealing of the agreement, I am not informed that such a process would give to it any additional efficacy, at least so far as its effect under the laws of this Government is concerned.
The agreement being signed, it furnishes the “satisfactory evidence” in virtue of which the President’s proclamation is issued, under and in pursuance of the laws of the United States, and by the terms of those laws is to remain in force so long as the condition of facts stated in the agreement and recited in the proclamation continues to exist.
Accept, etc.,