BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-01-03

late insurrection in Cuba and prior to the
exchange of ratifcations of the present
treaty, including all claims for indemnity
for the cost Of the war, and the Unit. d
States agreed to adjudicate and settle the
claims Of its citizens against Spain thus re-
lnquished.
"On March 2, 1901, congress passed an
act creating the Spanish Treaty Claims
Commission, whose duty it shall be, and it
shall have jurisdiction, to receive, examine
and adjud cate all claims Of citizens of the
United States against Spain, which tie
United States agreed to adjudicate and
settle by the treaty Of peace, according to
the merits of the several cases, the princi-
Piles of equity, and of international law.
"This is the only court having Iurisdic-
ton over these claims, and If it declines to
adjudicate them the claimants are lemedi-
less.
The claimants having asserted in their
verified petitions that Spain was respon-
sible for the destruction of the Maine, and
the attorney general having also set it up as
the basis of these motions by asserting that
it was the cause of the war, there can be
no question tFat these claims are within the
urisdicting of this court unless they were
obliterated by the treaty Of peace and not
assumed by the United States.
1t is not an historical fact that the
destruction Of the Maine was the cause
of the war; this appears from the legis-
lative history of the declaration of wal
with Spain. Tue action of the executive
and political departments OF the govern
ment clearly indicates that the destruction
OF the Maine was not the cause of the wal
with Spain.
The attorney general now asks this
court to decide that the signal generosity
Of President Mckinley was simply 20 faI
as these clsiin sGfs az ss5srz6d ! 7 as..!
LESS sacrifice Of the claims of American
citizens, not only in defiance Of public sen.
timent, but also of constitutional protec.
tion. Surely this court will not SO fragrant.
ly misinterpret the signal generosity OF
that man whose every action was not only
indicative of the highest regard for ma
tional welfare, but also of deep and ten
der regard for the individual welfare OF
American citizens, and especially of our
soldiers and sailors (for was he not one Of
them himselD and of their widows and
orphans.
" A treaty of peace does not, under the
principle OF international law, necessarily
0'literate the claims OF citizens of either
country against the other, even though
such claims were connected with the
causes of the war terminated bv the treaty
of peace.
Had the treaty of peace provided thai
Spin should remain liable for all claims
OWING by that government to citizens of
ths United States and provided for a reg.
ulir international tribunal to adjudicate
such claims, every suitor before this court
would have been represented before such
tribunal by the government of the United
States, which would have used its tremeu.
dous power to procure for each claim ant
not only favorable adjudication on every
point OF law involved, thus extending Q
liability as far as possible from legal
standpoint, but it also would have urged
such tribunal to render az large IN award as
possible from pecua aiary standpoint.
Since, however, the United States has
released Spain from all liability, and agreed
not only TO adjudicate these claims, but
also TO assume the payment thereof, the
claimants now find that they have not only
lost the weight and iriaerce Of their own
government In urging these claims to the
widest extent and for the fullest amount, but
ihsy dad ;Lst governmsut appearing against
them before this tribupsl.n