New-York tribune., 1900-12-28
CLAIMS AGAINST CUBA.

The inquiry of certain countries concerning the
responsibility of the United States for claims
against the island of Cuba is not unnatural
The answer to it should, however, be obvious to
those who have familarized themselves with the
processes by which Spain relinQuished her SOW
ereignty over Cuba. The matter much dis
cussed by the Peace Commissioners at Paris
two years ago. The Spanish Commissioners en-
deavored. with much persistency of effort and
subtlety of argument. to saddle upon the United
States full responsibility for all pecuniary
claims against Cuba, and especially for the
large Cuban debt" called, which the
Spanish Government had contracted for sub
DUNG Cuban instructions and other purposes
This consistently and successfully opposed
by the American Commissioners, who explicitly
declared, in the Annex to Protocol No. 4, on
October II, 1895: "In the article proposed it is
attempted TO yoke with the transfer of SOW
"ereignty an obligation to assume an indebted
mess arising out of the relations of Spain TO
"Cuba. The unconditional REIMBURSEMENT of
sovereignty by Spain is to be changed to an
engagement by the United States to accept the
sovereignty burdened with a large mass of
outstanding Indebtedness. The Ameri-
"can Commissioners. speaking for their Govern
"ment must decline to accept the burden
Again, in Protocol No. s, on October "a, 1885,
the American Commissioners declared that
they must reject any articles that required the
United States TO assume, either for itself or
"for Cuba, the so-called Cuban debt" In the
Annex TO Protocol No. 10. on October 81. the
American Commissioners again made it mmis-
takably plain that the United States would take
possession of Cuba ''for the purpose of pacifying
ii, but not titular sovereign" Finally, in the
Treaty Of Peace as signed on December TO- there
was no mention of the assumption by the United
States of titular sovereignty over Cuba or of re-
sponsibility fOT the Cuban debt so called, or for
any claims against that island, excepting that
the United States, so long as its occupation of
Cuba lasted, should assume and discharge the
obligations that may under international law
''result from the fact of its occupation for the
protection of life and property" And in the
next to the last article it was repeated that
'any obligations assumed in this Treaty by the
United States with respect TO Cuba are limited
Ito the time Of its occupancy thereof but il will
upon the termination of such occupancy advise
"any government established in the island TO
assume the same obligations"
1t would be difficult to deduce from those ut-
terances and stipulations even the slightest
American responsibility for claims against Cuba
based upon grounds precedent to occupation of
that island by the United States. Indeed. if is
difficult TO see how any one can avoid the con-
! clusion that it was the intent of the treaty
makers and is the purport of the treaty that
all such claims-apart from those which rest
against Spain-shall rest against the island of
Cuba and against the permanent government
! which is to be established over it, OF that fact
neither the island of Cuba nor the world al
large can deny that it long ago had comnIets
and explicit notice.