New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-21
CLAIMS AGAINST SPAIN.
AMERICAN HOLDERS ANXIoUsIiY AWAIT
ING ACTION BY CONGRESS.
TBY TEGEGRApH TO rUp rR1nuNr,

IBY TEEFGRAPH THE rRIBUNEl
Washington, Jan. 20.-American citizens hav-
ing claims against Spain arising out of the In
surrection and war in Cuba are anxiously await
Ing Congressional action looking to the adjudi-
cation and payment of these claims. BY the
Treaty of Peace between the United States and
Spain each Government relinquished all claims
for indemnity against the other which had
arisen since the beginning of the Cuban insur-
rection and before the exchange of ratifcations,
and the United States undertook to adjudcate
and settle the claims of It's citizens so relin-
quished
The President in his annual Message called the
attention of Congress to this matter in the fol-
lowing language:
oIao would % reeom%end appropriate legislation in
Treaty OF Peace with Spain. by which the United
indemnity of its citizens against Spain.
In pursuance of the Presidents recommends
tion, Senator Davis has introduced bill in the
Senate, and Representative Catchings has in
troduced like bill in the House These bills,
which provide in general for the appointment
by the President of a Commission, to be COM
posed of American citizens, to whom the claim
ants shall present their claims for adjudication
were referred to the appropriate committees
Prompt action is expected
THREE CLASSES OF CLAIMS.
III
the State Department is understood to be about
$32,000.000. They are of three classes: First for
damages for personal injuries inflicted by the
Spanish military authorities in violation of
rights guaranteed by treaty and international
law, such that of Mrs Ricardo Ruiz for the
Imprisonment and death of her husband; second
for property destroyed appropriated by the
Spanish authorities; third, for property appro-
priated or destroyed by the insurgents.
Of acIoi 6Iad he
found on examination to be exaggerated; some
will be shown to be without foundation, and
some will be rejected account of failure to
prove American citizenship of the claimant.
The Ruiz claim stands on a different footing
from the other claims it was taken up by
this Government. investigated by it's special
agent sent to Cuba for the purpose, and claim
for specific amount, which is understood to
have been $4,000, was presented to the Spanish
Government and was pending when the war
broke out 1t is presumed that the Commission
will feel bound to accept this action of the Gov
ernment adjudication of the validity and
amount of the claim.
There number of claims of American
citizens against Spain pending at the beginning
of the late war The aggregate amount of such
claims, as appears from a recent report of the
Senate Committee on Foreign Relations was
about S7500O0. A large proportion of these are
claims which were not definitely disposed OF by
the Spanish American Claims Commission es-
tablished under the agreement of February,
1871, between the United States and Spain for
the settlement of claims of American citizens
arising out of the previous insurrection in Cube.
INTERNATIONAL LAW AS TO CLAIMS.
While. according to the earlier authorities and
precedents, the effect of war followed by a
treaty of peace is to extinguish such claims by
one of the belligerents against the Government
In he
treaty, modern writer's on international law in
cline to the view that claims of individuals Of
one Government on the other Government are
not affected by war, the causes of such war
being unconnected with these claims. Woolsey
in his work international law expresses the
principle thus:
Private rights, the prosecution of which is in
terrupted by war, revived by peace although
nothing may be said upon the subject; for a peace
rights depend so much on concessions like
public ones, as on common views of justice. And
here we include not only claims of private persons
IN the two countries upon one another, but also
foreign country. and calms-private and not po-
iitcal-of each Government upon the other existing
before the war.
This evidently the view taken by the Com
mittee Foreign Relations, for In its report
referred to above, which made in response
to resolution inquiring what remedy should be
pursued by claimants having claims against
Spain outstanding at the beginning of the recent
war, 1t expressed the opinion that the only pres
ent remedy is by negotiation between the diplo-
matte representatives of the two governments.
1t was said in a recent dispatch from Madrid
that treaties of peace and friendship, extra
dition and commerce were now being negotiated
there. 1t is presumed that on the conclusion of
these negotiations the settlement OF claims OF
citizens subjects of each Government upon
the other will be taken up.
The disposition shown by the Spanish Govern
ment in reSuming payment recently of the in
terest on the perpetual rentes, under the treaty
of 1884 which were interrupted by the war.
| mi pU1 IN inHi a Z
sfactory adjustment of all valid outstanding
claims.
BOUND TO END HER LIFE.