The times., 1898-12-29
PEACE TREATY QUESTIONS.


Senators Frye and Faulkner on the
the Ambiguous Articles.
Senator Frye, a member Of the Peace
Commission, was interviewed by a Times
published statement that President Nc
Kinley would ask Congress for legislation
favorable to the assumption by this Gov
ernment of claims of American citizens
against Spain.
He declined to say whether such a nIo-
vision was or was not eontainei in the
treaty, but said that It void be a lucky
thing for American citizeds having claims
against Spain as a result OF the war. II
the United States should assume respon-
sibiiity for payment.
'It is certain" he said. that persons
having such claims could never obtain any
satisfaction from Spain. That kingdom is
completely bankrupt now and not in
position to satisfy war claims"
Have you seen the text of the treaty,
as published in The Times?' Senator
Frye was asked.
Il have" he replied.
.'Is it the same as the treaty you handed
the PRESIDENT
Il cannot say refrained from read
ing 1t because l anticipated that tba. que5-
tion would be asked me-
Assuming that the United States would
take upon itself such Obligations, Senator
Frye said that only the real and personal
property actually destroyed during the war
by the Spanish soldiery could be made the
basis OF such claims. Securities or Spanish
bonds secured by the revenues OF Cuba as
a Spanish possession, and which had de-
Perforated in value or had been wiped out
entirely as a result of the war, would not
be considered.
$50 far as Spain is concerned" he said,
without regard to the obligations as
sumed by this country the kingdom could
be held strictly responsible, perhaps. only
for the depredations committed on the
property of American citizens in Cuba by
Spanish soldiers. The Cubans, of course,
were Spanish subjects, but Spain might
advance the plea that as insurgents they
constituted an armed mob OF such strength
that she could not suppress them or afford
adequate protection to Americans and cit
izens of other countries who were there,
engaged in peaceful pursuits"
With reference to forcing these obliga-
tions upon Cuba, according to article l6 OF
the treaty. as published in The Times,
Senator Frye declined to make any state
ment.
Senator Faulkner was not Inclined to
discuss the matter until he was officially
informed that such clause was contained
in the treaty. He talked in general way,
however of the proposition to assume re-
sponsibility for the war claims. against
Spain.
II the treaty contained such provision.
he said, he thought it was in a modified
way. with certain limitations. There was
no doubt. he said of the primary respon-
ell nf CnafD In he Amari-
can citizens residing in the island with the
consent of the Spanish government were
entitled to protection of life and property
as much as native aud foreign residents in
the city of Washington are entitled to
police protection.fr.s
At the beginning of the nsurrection. he
said. the Cuban insurgents were Spanish
subjects. Their belligerency was not recog-
nized by this country nor Spain, and they
were consequently an armed mob Any
depredations or losses occasioned by them
or by the Spanish soldiers. during that
period. could be made the basis of claim
against Spain. And,7if the United States
relieved Spain of any such obligation and
assumed Ii, then the United States must
settle the claims.
Senator Faulkner also said that such
claims could only. be based on real and
personal property actually destroyed. So
far as Spanish bonds secured by Cuban
revenues was concerned he said, the prop
osition could have nothing to do with
them. He understood. he said. that such
bonds to the amount of over four hundred
millions of dollars. were in existence but
he said that according to the arrangement
stated in the published treaty, any Ameri-
can citizen or any other person or firm
holding them could not receive their value
or any part of it.
Referring to article 16 of the treaty, as
published, Senator Faulkner said that it, in
his Judgment. only contemplated that the
permanent government provided eventually
for Cuba should assume the obligation
which the United States assumed. during
the period of its occupancy of the island,
to maintain a stable government and to
carry out agreements and concessions
which the United States agrees to make in
preceding articles. Article 16. he said, was
liable to serious misconstruction unless
its meaning was more specifically stated.
but he thought that would be done in the
official copy of the treaty.
Senator Faulkner said that he had no
doubt that the treaty would be promptly
ratified. "If it. as l am informed it does,
leaves the question of taking the Philip
pines open, to be decided by Congress
later" he said, 81 see nothing in the way
of it's prompt ratification
"Would such provision as the one re-
ferred to affect its ratification he was
asked.
''That would depend upon the scope of
the provision and the extent of the obliga-
tions it imposed on the United States" he
replied.