Mr. Gresham to Mr. Porter.
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 commission 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 happy 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 [Page 88] 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 excellency the secretary of foreign relations.
I am, etc.,