Pious Fund of the Californias
The Pious Fund of the Californias (
Origin
It originated with voluntary donations made by individuals and religious bodies in Mexico to members of the
In 1768, with the expulsion of all the members of the Society from Spanish territory by the
In 1836 Mexico passed an Act authorizing a petition to the
The properties of the fund were surrendered under compulsion to the Mexican Government in April, 1842, and on 24 October of that year a decree was promulgated by General Santa Anna directing that the properties of the fund be sold, and the proceeds incorporated into the national treasury, and further provided that the sale should be for a sum representing the annual income of the properties capitalized at six per cent per annum. The decree provided that "the public treasuries will acknowledge a debt of six percent per annum on the total proceeds of the sale", and specially pledged the revenue from tobacco for the payment of that amount "to carry on the objects to which said fund is destined".
Controversy between US and Mexico
There then ensued the
By a convention between the United States and Mexico, concluded 4 July 1868 and proclaimed 1 February 1869, a Mexican and American Mixed Claims Commission was created to consider and adjudge the validity of claims held by citizens of either country against the government of the other which had arisen between the date of the Treaty of Guadalupe Hidalgo and the date of the convention creating the commission. To this commission the prelates of California (former Alta California), in 1869, presented their claims against Mexico for such part of 21 years' interest on the Pious Fund (accrued between 1848 and 1869) payable under the terms of the Santa Ana decree of 1842, as was properly apportionable to the missions of 'upper' California state ('lower' Baja California having remained Mexican territory).
Upon the submission of the claim for decision, the Mexican and American commissioners disagreed as to its proper disposition, and it was referred to the umpire of the commission, Sir
Case before the Permanent Court of Arbitration
The Pious Fund of the Californias | |
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Tobias Asser, named by Mexico , named by MexicoAlexander de Savornin Lohman | |
Case opinions | |
Decision by | Unanimous panel |
Mexico, however, then disputed its obligation to pay any interest accruing after the period covered by the award of the Mixed Claims Commission (that is, after 1869), and diplomatic negotiations were opened by the Government of the United States with the Government of Mexico, which resulted, after some years, in the signing of a protocol between the two Governments on 22 May 1902, by which the question of Mexico's liability was submitted to the
On 14 October 1902, the tribunal at The Hague made an award judging that the liability of Mexico was established by the principle of res judicata, and by virtue of the arbitral sentence of Sir Edward Thornton, as umpire of the Mixed Claim Commission; that in consequence the Mexican Government was bound to pay the United States, for the use of the Roman Catholic archbishop and bishops of California the sum of $1,420,682.67, in extinguishment of the annuities which had accrued from 1869 to 1902, and was under the further obligation to pay perpetually an annuity of $43,050.99, in money having legal currency in Mexico.
Mexico continued to make the required annual payment from 1903 to 1912, when transfers were suspended because of the Mexican Revolution. Mexico did not resume payment until 1966, and then negotiated a final lump-sum settlement of US$719,546 to the United States—essentially 53 years of back payments, with interest—in return for the termination of all future obligations with respect to the Pious Fund.[1][2]
See also
- Spanish missions in Baja California
- Spanish missions in the Sonoran Desert
- Spanish missions in Arizona
- Spanish missions in California
- The Roman Catholic Church and Colonialism
- Spanish colonization of the Americas
Sources
This article incorporates text from a publication now in the public domain: Herbermann, Charles, ed. (1913). "The Pious Fund of the Californias". Catholic Encyclopedia. New York: Robert Appleton Company.
References
External links
- Unofficial English text of the PCA case in pdfformat at the official Permanent Court of Arbitration website.
- Foreign relations of the United States, 1902. Appendix II: United States vs. Mexico. In the matter of the case of the Pious Fund of the Californias