The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-22
CLAIMS AGAINST SPAIN
The American Holders AnxiOusIy
Awaiting Action by Congress.
The Bills Introduced in the senate
and House Provide in General for
the appointment by the President
of u OBSERVATION-DISCLOSURES of the De-
mands Said to BE Exaggerated.

American citizens having claims agains
Spain arising out OF the Instruction anC
war In Cuba are anxiously awaiting Con
gressional action looking to the adjudca
ton and payment Of these claims. BY the
! Treaty OF Peace between the United States
! and Spain each government relinqushed
/ all claims for indemnity against the ether
( which had arisen since the beginning OF
the Cuban instruction, and before the ex-
I change OF ratifratious. and the United
/ the claims of its citizens so reiiuquished.
The President in his annual message
! called the attention of Congress to this
matter in the following language
I Il would recommend appropriate legisla-
! ton in order to carry into execution Ar
ticle VII of the Treaty of Peace with Spain.
by which the United States assumed the
payment of certain claims for indemnity
of its citizens against Spain
In pursuance of the Presidents recon-
mendation. Senator Davis has introduced
bill IN the Senate. and Representative
Catchlngs has introduced a like bill in
the House. These bills which provide in
general for the appointment by the Presi-
dent of a commission. to be composed of
American citizens, to whom the claimants
shall present their claims for adiudica-
ton, we're referred to the appropriate com
mittees. Prompt action is expected.
The total amount Of these claims as
filed in the State Department is under
stood to be about s32. 100000. They are of
sonal injuries inflicted by the Spanish
military authorities in violation OF rights
guaranteed by treaty and international
law. such as that of Mrs. Ricardo Ruiz for
the Imprisonment and death OF her hus-
hand: second, for property destroyed or
appropriated by the Spanish authorities;
third. for property appropriated or de-
stroyed by the insurgents
Undoubtedly some of the claims filed
will be found on examination to be exag-
gerated; some will be shown TO be with
out foundation, and some will be rejected
on account sc failure to prove American
citizenship Of the claimant
The Ruiz claim stands on different
footing from the other claims. as IL was
taken up by this Government, investi
gated by its special agent sent to Cuba
for the purpose, and claim for a specific
amount, which is understood to have been
S15 600, was presented TO the Spanish Gov
eminent and was pending when the war
broke out. 1t is presumed that the com
mission will feel bound 10 accept this ac
tion OF the Government as an adjudication
of the validity and amount Of the claim.
There were a number of claims of Amer
lean citizens against Spain pending at the
beginning OF the late war. The aggregate
amount OF such claims. as appears from
recent report Of the Senate Committee
on Foreign Relations, was about $3.50. 900.
A large proportion Of these are claims
which were not definitely disposed OF By
the Spanish American Claims Commission
established under the agreement OF Feb
ruary. 1871. between the United States
and Spain. for the settlement OF claims OF
American citizens arising out OF the pre-
vious instruction in Cuba
While. according to the earlier authori-
ties and precedents. the effect Of war fol-
lowed By treaty of peace is 10 cXttnguIsh
such claims by one OF the beiiigereuts
against the Government OF the other as
are not provided for in the treaty. modei
writer's ON International law incline to
the view that claims of individuals CT enc
government or the other government ere
not affected by a war. the causes OF suth
war being uuconnected with these claims.
Woolsey. in his work en- International Law,
expresses the principle thus:
Private rights. the prosecution Of which
is interrupted By war. are revived by
peace, although nothing may be said upon
the subject. for a peace Is return TO d
normal state OF things and private rights
depend not so much on concessions. like
public ones, as on common views of jus
tice And here We inclnde not only claims
Of private persons in the two countries
upon one another. but also claims of in
diyiduals on the government Of the for
eign country. aud claims-priyate and rot
poiitical-of each government upon the
other existing before the war
This was evidently the view taken by
the Committee on Foreign Relations for
in its report referred to above which was
made in response to a resolution enquirilg
what remedy should be pursued by claim
ants having claims against Spain outstand-
ing at the beginning On the recent war. it
expressed the opinion that the Gnly pres
eRt remedy is by negotiation between the
diplomatic representatives OF the Two gov
eTnments.
It was said in recent despatch from
Madrid that treaties of peace and friend
ship. extraditiOn and commerce were now
being negotiated there. It is presumed that
on the conclusion of these negotiations ths
settlement of claims of citizens or subjects
of each government upon the other will lie
taken up.
The disposition shown by the Spanish
Government In resuming payment recently
OF the interest on the perpetual rentes.
.nder the treaty OF 1884 which we're in
terrupted by the war. would seem to indi-
cate the probability OF a satisfactory ad-
iustment OF all valid outstanding claims.