No. 988.
Mr. Curry to Mr. Bayard.

No. 324.]

Sir: As the agreement between the United States of America and Spain, executed in Washington on September 21, 1887, and since renewed in Madrid, was approaching its limitation, June 30, I addressed a note to Mr. Moret, a copy of which is inclosed. In a subsequent conversation the minister for foreign affairs informed me that he had consulted the ministry, who had authorized him to assent to my proposition.

I have now the honor of inclosing the agreement as signed to-day, which, instead of expiring in six months, will be prolonged until an inclusive treaty of commerce is made between the two Governments, or until either of the signatory parties shall give two months’ notice of a desire for its discontinuance.

As this arrangement supersedes the necessity for semi-annual renewal, and leaves either party as free as before, I trust it may receive the approval of the Department.

I have, etc.,

J. L. M. Curry.
[Inclosure 1 in No. 324.]

Mr. Curry to Mr. Moret.

Excellency: In our last interview, when I had the honor to call your attention to the prolongation of the modus vivendi, which expires by its own limitation on June 30 next, you expressed the purpose of the Government of Spain to agree to its renewal. This modus vivendi has been renewed from time to time after the lapse of six months. In negotiating anew the agreement I suggest the addition of an article like this:

“This agreement shall remain in force until the conclusion of a more comprehensive treaty between the two contracting parties, or until either of the contracting parties shall give notice to the other of its wish to terminate the same, and until the expiration of two months from the date of said notification.”

The incorporation of such a provision will leave the continuance of the agreement, even more perfectly than under the present arrangement, within the control of the contracting parties, and also save the necessity of this periodical negotiation and renewal.

Trusting that your excellency may concur in the propriety of my suggestion, and asking early action, as I shall soon enter upon my summer vacation,

I avail, etc.,

J. L. M. Curry.
[Inclosure 2 in No. 324.]

Protocol.

The undersigned, in the name of the Governments of Spain and the United States, respectively, have agreed as follows:

  • First. The agreement in force between Spain and the United States of America signed at Madrid on the 21st of December, 1887, is prorogued.
  • Second. This agreement, which was to terminate on June 30 of this year, shall continue in force, by virtue of this prorogation, until the conclusion of a more extended treaty of commerce between the two parties interested, or until one of them shall give notice to the other of its desire to terminate the agreement two months before the date on which it desires such termination.

In witness whereof his excellency Don Segismundo Moret, minister of state, and Mr. J. L. M. Curry, envoy extraordinary and minister plenipotentiary of the United States of America in Madrid, have placed their hands and seals to the present document.


[seal.]
J. L. M. Curry.

[seal.]
S. Moret.