best endeavors in this direction.” "This government will fulfill its engagement, and is preparing the way to do so by suppressing the insurrection in the Philippines." Mr. Hay, Sec. of State, to Mr. Storer, min. to Spain, July 17, 1899, For. To facilitate the release of the prisoners, communications were permitted By a royal order of August 4, 1899, instructions were directed to be given for the immediate release of all Cubans and Filipinos who might remain in Spanish prisons on account of the insurrection in Cuba and the Philippines. For. Rel. 1899, 702, 705, 708. As to the release of Cuban prisoners, see Magoon's Reports, 562, 597. Articles V. and VI. of the treaty of peace with Spain required the United States to convey from the Philippines to Spain only such Spanish soldiers as were actually made prisoners of war either by the United States or by the insurgents. Troops remaining under arms under the control and direction of Spanish officers were to be removed at the expense of Spain. Griggs, At. Gen., March 15, 1899, 22 Op. 383. The treaty required the United States to repatriate all Spanish prisoners captured and held by the American forces, or held and released by the insurgents in Cuba and the Philippines-soldiers and civilians-men, women, and children, whether their detention was originally voluntary or otherwise. Griggs, At. Gen., Jan. 6, 1900, 23 Op. 9. Article VII. Article VII. of the treaty of peace with Spain of December 10,1898, by which the United States agreed to adjust and settle the claims of its citizens against Spain that had arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty," "evidently 66 does not contemplate the settlement of all claims, anterior to that date [the date of the exchange of ratifications], belonging to all the inhabitants of the ceded territories, who might become citizens of the United States in virtue of the treaty." Mr. Hay, Sec. of State, to the Sec. of War, March 27, 1900, 244 MS. Dom. This letter related to a claim of the Board of Harbor Works of Ponce, The proceedings of the peace commissioners contain nothing to fix the date of the beginning of the insurrection in Cuba, and if legislation shall not fix the date, it will be the province of the tribunal to do so, upon the evidence before it. Mr. Hill, Assist. Sec. of State, to Mr. Sharp, Jan. 18, 1901, 250 MS. Dom. For correspondence with Spain as to securing assistance in obtaining de- As to the claims under art. 7, see S. Doc. 79, 54 Cong. 2 sess.; S. Doc. 189, 55 Cong. 1 sess.; S. Doc. 168, 55 Cong. 3 sess.; S. Rep. 13, 56 Cong. 1 sess.; S. Doc. 94, 57 Cong. 1 sess. As to the preservation by municipalities in Cuba and Porto Rico, under Article VIII. of the treaty of peace, of their rights, see Magoon's Reports, 374, 463. Article VIII. As to lands held for ecclesiastical or religious uses in the Philippine Islands, see message of President McKinley, February 25, 1901, S. Doc. 190, 56 Cong. 2 sess. By Article IX. of the treaty of peace between the United States and Spain concluded December 10, 1898, it was provided Article IX. that Spaniards residing in territories over which Spain ceded or relinquished her sovereignty should be subject, in matters civil as well as criminal, to the jurisdiction of the courts of the country wherein they resided, "pursuant to the ordinary laws governing the same." It was advised that under this stipulation Spaniards residing in Cuba were as aliens entitled to the benefit of article 44 of the alien law of that country, under which the consul of an intestate alien was entitled to intervene and administer the estate. Griggs, At. Gen., April 26, 1900, 23 Op. 93. Article IX. of the treaty with Spain of December 10, 1898, was intended to secure to Congress, so far as it could constitutionally be done, a free hand in dealing with the territory ceded by the treaty. Dorr v. United States (1904), 195 U. S. 138. Article XI. By Article XI. of the treaty of peace between the United States and Spain, signed at Paris December 10, 1898, it was provided that Spaniards residing in the territories over which Spain ceded or relinquished her sovereignty should be subject in matters civil as well as criminal to the jurisdiction of the courts "pursuant to the ordinary laws governing the same," and that they should have the right " to appear before such courts and to pursue the same course as citizens of the country." Held, that these stipulations, while they secured to Spaniards the right to appear and proceed like citizens, did not make it unlawful to give them additional privileges, and that they were entitled, in respect of the settlement of their estates, to the benefits of the alien law of 1870, this being among the ordinary laws governing the courts. Griggs, At. Gen., April 26, 1900, 23 Op. 93; For. Rel. 1901, 226. See, also, Magoon's Reports, 473, 478; Mr. Hay, Sec. of State, to Duke of Article XII. of the treaty provided for the finality of judicial judgments in the territories ceded or relinquished where no right of review existed under Spanish law. Magoon's Reports 486, 487, 507, 514. Article XII. As to appeals pending in Madrid, see id. 646. See Mr. Hay, Sec. of State, to Duke of Arcos, No. 55, Nov. 29, 1899, MS. Article XIII. By Article XIII. of the treaty of peace between the United States and Spain of December 10, 1898, it was provided that Spanish scientific, literary, and artistic works, not subversive of public order in the territories ceded to the United States, should continue to be admitted free of duty into such territories for ten years from the date of the exchange of ratifications. It was ad vised that under this stipulation the works in question were entitled to continued admission into the Philippines free of import duty, as well as of duties imposed by the Philippine tariff for harbor and commercial improvements. Griggs, At. Gen., May 8, 1900, 23 Op. 115. See Mr. Hay, Sec. of State, to Sec. of War, March 28, 1900, 244 MS. Dom. "Referring to your note of May 25 last, relative to duties alleged to have been illegally collected on Spanish literary, scientific, and artistic works imported into the Philippine Islands, I have the honor to quote for your information the following from a report made by the military governor to the Secretary of War: "No duties have been collected, since American occupation, upon Spanish scientific, literary and artistic works not subversive of public order, except such as were collected prior to such occupation by the Spanish customs officials, and no duties have been collected upon any such articles since American occupation, except such as accord with the construction placed upon article 13 of the treaty of peace with Spain by the opinion of the Honorable the Attorney-General of the United States. "No application for a refund of duty on goods of this class has ever been made and none is now pending.'" 66 Mr. Hill, Act. Sec. of State, to Duke of Arcos, Span. min., No. 112, September 10, 1900, MS. Notes to Span. Leg. XI. 516. Referring to your note of February 1 last, complaining of an abatement of twenty per cent of the pilotage dues Article XV. at Havana granted to Cuban and American steamers, in violation of Article XV. of the treaty of peace, I have the honor to quote for your information a report from the military governor of Cuba to the Secretary of War, from which it appears. that the discrimination has been removed: "On October 27, 1899, the then military governor granted a reduction of twenty per cent in pilotage fees to vessels of Cuban and American lines connecting with the port of Havana, for the reason that they carry the Cuban mails, and during the summer and sickly season are not permitted to carry any passengers, except immunes, and only a small quantity of freight, but are obliged to keep up their regular schedules. "On December 26th, on account of a complaint of discrimination, the captain of the port of Havana was directed to continue the tariff of pilotage as to Cuban coasters only at eighty per cent, but that all other shipping in the island, whether from the United States or other countries, must be placed on the same footing, and further directed that the pilotage charge be fixed for each port, and not left to the discretion of each captain of the port. "These instructions have been carried out, and there is absolutely no discrimination now, except as to Cuban coasters, who still have the twenty per cent reduction."" Mr. Hay, Sec. of State, to Duke of Arcos, Span. min., No. 83, March 21, 1900, MS. Notes to Spanish Leg. XI. 488. 6. CAROLINE ISLANDS. $ 888. President Cleveland, in his annual message of December 8, 1885, referred to the dispute that had arisen between Germany and Spain relative to dominion over the Caroline Islands. He stated that extensive interests of American citizens had grown up in those parts during the preceding thirty years, and that, while the United States held aloof from the proprietary issues raised between the powers in question, it expected that nothing in the contention between them should unfavorably affect American citizens carrying on a peaceful commerce or domiciled there, and that he had so informed the Governments of Spain and Germany. The dispute between Germany and Spain was adjusted under the mediation of the Pope by a protocol signed at Rome December 17, 1885. The sovereignty of Spain over the islands was conceded, while various privileges were granted to Germany. The Spanish government gave the most ample assurances that the interests of American citizens should not be interfered with or injured. Difficulties, however, subsequently arose at Ponape, and the American missionaries were expelled from the islands. The United States demanded an idemnity, and at length obtained the sum of $17,500; but in accepting it the American minister at Madrid was instructed to make it clear that the United States did not waive its demand for the return of the American missionaries. In 1899 the islands were ceded by Spain to Germany. See President Harrison, annual messages, Dec. 9, 1891, and Dec. 6, 1892; See, also, For. Rel. 1894, 590-598; Mr. Olney, Sec. of State, to Mr. Taylor, The assurance of Spain as to the protection of the interests of American In 1886 the German government renounced its right, under Art. V. of the protocol, to establish a naval station in the islands. (For. Rel. 1887, 1023.) |