John A. Logan to Frelinghuysen, March 26, 1883

No. 46. Mr. Logan to Mr. Frelinghuysen.

Sir: My dispatch No. 20, under date of November 8 ultimo, advises you that the Chilian Government had celebrated treaties with several of the European powers, agreeing to submit the claims of the subjects or citizens of the latter to mixed commissions. The printed text of the treaty between Prance and Chili was forwarded to you soon afterwards. This treaty is identical with the others already made with Great Britain, Germany, and Italy, and in order that you may have the whole subject under your eye, I inclose, under cover of this dispatch, a copy, in Spanish, of the Franco-Chilian treaty, and an English translation thereof.

As heretofore remarked by me, the judicial method seems the better one for settling claims. At the time my No. 20 was written, however, I had not had the opportunity of examining this treaty as critically as I have since done. If you deem it expedient to settle the claims of our citizens by a mixed commission, it would be necessary to alter in several respects the form of those already executed, perhaps. For instance, Article IV of the inclosed treaty would seem to give the clear right to the commission to pass upon the question of the nationality of the claimant, and in so doing to go behind the record and examine into the fact of nationality. This would be in direct conflict with the position you have assumed in another case.

Again, the treaty provides in Article III for the settlement of all claims by said commission arising from the outbreak of the war until a treaty of peace or truce shall be arranged, and in Article VIII it is stipulated that all claims must be presented within six months after the “first session” of the commission, and no provision is made for claims which may arise in the future.

Further, it may appear to you that a better method than that provided of selecting the third commissioner might be made; and still further, as our claims are comparatively small in amount, the question of the attendant expenses might be somewhat differently arranged.

I place the subject before you for such action as you deem proper to take at the appropriate time.

I have, &c.,