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and the Philippine Islands. As such agents,, written terms of capitulation, of which Ceballos & Company executed a contract article 5 is as follows: with the United States, a copy of which "All questions relating to the repatriais in the margint to safely transport from tion of officers and men of the Spanish Cuba to Spain the* troops of Spain sur forces and of their families, and of the exrendered at ago de Cuba. Under this penses which said repatriation may 0Ccontract the wives and children of Spanish casion, shall be referred to the government officers were carried in the cabins, and, of the United States at Washington.” without question, the first-class rate was The following statement as to the situapaid for the transportation.
tion at Manila and the making of an oral The city of Manila surrendered the 13th contract and subsequently of a written conof August,*1898, and August 14 the United tract are taken from findings made below. States and Spanish authorities agreed upon
There was surrendered to the United † Cuban Contract.
such safe conduct not to apply to ships Sealed proposals having been invited for already seized or in blockaded ports, and the the transportation of the Spanish prisoners ships employed as aforesaid to have only of war who surrendered to the United States such armament as is customarily carried forces in Cuba, from Santiago de Cuba to by merchant ships. Such safe conduct is Cadiz, or such port of same as might there to extend to foreign West Indian, Cuban, after be designated, and the proposal sub- and Spanish ports, and to remain in effect mitted by J. M. Ceballos & Company, of until the prisoners are unloaded in a SpanNew York, having been duly accepted: ish port designated, and is expressly made
It is hereby, on this 21st day of July, applicable to steamers of the Spanish Trans1898, agreed by and between the Secretary atlantic Line under the Spanish flag. of War of the United States and said J. M. For the better security of such safe conCeballos & Company, that said company duct a document in the following form and shall transport well and safely all of the duly signed will be furnished to the comtroops of Spain that were surrendered by pany for each ship, which shall be exhibited General Toral to the Army of the United on demand, together with a copy of this States in Cuba, in the capitulation entered contract, to any officer of the Army or Navy into by him at Santiago de Cuba, and from of the United States visiting the vessel: said Santiago de Cuba to such port in Spain “The President of the United States to as the Secretary of War of the United States all whom it may concern, greeting: This is may designate, and that the government of to certify that the
is employed unthe United States will pay for such transpor- der contract with the government of the tation, and for the subsistence and delivery United States in the business of transporton shore of the prisoners, the sum of twenty ing from Santiago de Cuba to a port in dollars ($20) for each enlisted man or pri. Spain Spanish prisoners heretofore surrenvate soldier, and the sum of fifty-five dol. dered to the Army of the United States in lars ($55) for each officer so delivered. Cuba; that the government of the United
The said company further stipulates that States has guaranteed safe conduct for this said subsistence furnished by the company purpose to the
in going to and shall be equal to United States Army gar- from Santiago de Cuba and until the disemrison rations; that cabin accommodations barking of said prisoners in a Spanish port. are to be supplied for the said officers, and “All persons under the jurisdiction of the third-class or steerage accommodations, hav. United States are required to respect such ing suitable galley accommodations, with guarantee. ample space and ventilation, for the enlisted
or privates; that, for the purpose The company further stipulates that it aforesaid, it will have at Santiago de Cuba will furnish the bond of
for the within seventeen (17) calendar days from proper and faithful performance of this conthis day (that is to say, on or before the tract. 7th day of the month now next following) The Secretary of War agrees that the seven (7) steam vessels with a total ca- United States will deliver the prisoners pacity for the conveyance of at least ten aforesaid on board at Santiago within a thousand (10,000) prisoners in conformity reasonable time after the vessels are ready, with the foregoing stipulations, and ready and to the number of at least ten thousand to take them on board and proceed imme- (10,000) men, five hundred (500) officers, diately to Spain; and the remaining vessels, and that the payment of the said twenty in number and capacity as the Secretary of ($20) dollars and fifty-five ($55) dollars War may notify the company, within twen- for each man and officer to the numbers ty-one (21) days from the date of such no last aforesaid shall be niade when satisfactice.
tory evidence that the prisoners have been The Secretary of War stipulates that the transported and delivered in accordance United States will give safe conduct as with this contract is presented to him. against the Army and Navy of the United Witness our hands and seals this 21st States to the vessels of the company en- day of July, 1898. gaged in the business aforesaid while pro
R. A. Alger, Secy. of War. ceeding to Santiago and from there to Spain,
J. M. Ceballos & Company.
States forces at Manila on August 13, 1898,, sel which sailed from Manila, November 7, a large number of civil, naval, and military 1898, and continued until another and a officers and their families, and a much written contract was entered for the tranglarger number of enlisted men, together portation of those prisoners not trans with the wives and children of some of ported under the oral agreement. these enlisted men. Many of these were The shipments under the oral contract in a pitiable condition physically, ex were five in number, and the wives and
hausted with exposure and disease,-1,200 children of officers were carried in the being sick at one time,-all of them fed, cabin, as under the Cuban contract.
guarded, and attended at* the expense of On December 10, 1898 [30 Stat. at L. the United States. Smallpox had been 1754), by the treaty of peace, it was stipu. prevalent and infection was apprehended. lated in paragraph 1, article 5, that, The civil prisoners included Spanish civil “The United States, will, upon the signaofficers on duty in the Philippine Islands ture of the present treaty, send back to under the government of Spain. Many of Spain, at its own cost, the Spanish soldiers these had wives and children with them. taken as prisoners of war on the capture of There were besides a number of civilians, Manila by the American forces.” such as nurses, nuns, monks, friars, sisters
And in article 6, that, of charity, and lady pensioners. The Unit
"Spain will, upon the signature of tho ed States treated all of these classes as present treaty, release all prisoners of war, prisoners of war, and had supreme con. and all persons detained or imprisoned for trol of them after the surrender of Manila political offenses in connection with the until they were delivered aboard plaintiff's insurrections in Cuba and the Philippines ships for transportation, at which time the and the war with the United States. supervision of the United States ceased.
“Reciprocally, the United States will reSpanish officers had, in the meantime, only Buch supervision over their troops as the
lease all persons made prisoners of war United States permitted.
by the American forces, and will undertake General Otis, commanding the United to obtain the release of all Spanish prison. States forces in Manila, considered that an
ers in the hands of the insurgents in Cuba emergency existed requiring immediate and the Philippines. action; and, on October 7 and October 24, “The government of the United States 1898, cabled the War Department at Wash will, at its own cost, return to Spain, and ington the request of the Spanish general at the government of Spain will, at its own Manila for permission to allow sick Spanish cost, return to the United States, Cuba, officers and soldiers to depart for Spain. Porto Rico, and the Philippines, according Permission being granted, these officers and to the situation of their respective homes, soldiers were shipped on vessels of the prisoners released or caused to be released Compañía Transalántica by the Spanish by them, respectively, under this article.” authorities in Manila, acting under the On January 20, 1899, the Quartermaster supervision and control of the United General, U. S. Army, by direction of the States authorities, but under an oral agree. Secretary of War, invited sealed proposals ment with Ceballos & Company, as herein. "for the transportation of the Spanish after stated.
prisoners of war now in the Philippine In the emergency deemed existing by the Islands
to Cadiz or such other commanding general, and communicated to ports of Spain as may hereafter be desig. the War Department, the Secretary of War, nated." Among other things it was stated in October or November, 1898, entered into in the advertisement as follows: an oral agreement with Ceballos & Com “Their number is estimated as about pany, by which the latter agreed to trans- 16,000 officers and*enlisted men.
Cabin ac port such of the Philippine prisoners as commodations are to be supplied for the the United States desired to return to officers and third-class or steerage accommoSpain, the price to be paid for such trans-dations, having suitable galley accommoportation to be the price fixed after the dations, conforming to the United States United States should advertise for bids for requirements as to space and ventilation, such transportation, under contract ex- for the enlisted men. pected thereafter to be entered into under the terms of a treaty of peace between the "Proposals will state the price per capita United States and Spain.
for transporting officers and for transportUnder this oral agreement, Ceballos & ing enlisted men, and for their subsistence, Company immediately began furnishing and delivering them on shore at the Spanish vessels, and the transportation of the port or ports to be designated, and will be Philippine prisoners commenced by a ves- accompanied by a guaranty that the prison
ers will be comfortably cared for and sub- of peace entered into by and between the sisted while on the journey.
representatives of the governments of the
United States and of Spain, signed at Paris "Payment for the service will be made on December 10, 1898, it is mutually agreed when evidence is furnished that the ship and stipulated in the first paragraph of has arrived with her passengers at point article 5 that, of destination. The number of officers and “ 'The United States will, upon the men counted aboard at place of embarkation signature of the present treaty, send back by the quartermaster is to determine the to Spain, at its own cost, the Spanisb number to be paid for.”
soldiers taken as prisoners of war on the The following bid was submitted: capture of Manila by the American forces.'
"Sir: In accordance witth the advertise. "And in article 6, which reads as follows: ment of Gen. M. I. Luddington, Quarter “'Spain will, upon the signature of the master General, U. S. Army, copy of which present treaty, release all prisoners of war, is hereto attached, I propose, on behalf of and all persons detained or imprisoned for Messrs. J. M. Ceballos & Company, agents political offenses in connection with the inof the Compañía Transatlántica, de Barce-surrection in Cuba and the Philippines and lona, to furnish transportation for the the war with the United States. Spanish prisoners now in the Philippine 'Reciprocally, the United States will Islands to any port or ports in Spain. release all persons made prisoners of war Thcir number estimated at 16,000 officers by the American forces, and will undertake and enlisted men. I propose to use in this to obtain the release of all Spanish prisonservice the steamers named in the annexed ers in the hands of the insurgents in Cuba list, which fully sets forth the classification and the Philippines. of each, the tonnage capacity of each, their “ 'The government of the United States speed, the berth accommodations upon each, will, at its own cost, return to Spain, and and the approximate length of time re the government of Spain will, at its own quired by each vessel to make the voyage cost, return to the United States, Cuba, to Spain. (The length of time is estimated Porto Rico, and the Philippines, according from Manila.) Said list gives the time at to the situation of their respective homes, which each vessel will arrive in or off the prisoners released or caused to be released harbor of Manila for orders, the act of God by them, respectively, under this article.' and all dangers of the sea excepted.
“And whereas sealed proposals having "It is proposed not to load the steamers been invited for the transportation of the beyond two thirds*of their steerage capacity. Spanish prisoners from Manila or such This is considered not only advisable as an other port in the Philippine Islands as may act of humanity, but absolutely necessary, be designated, to Cadiz or such other port owing to climatic conditions and length of in Spain as may be designated, and in re voyage.
sponse thereto the proposal of J. M. Ceballos "I further propose to call at any port of & Company, of New York, having been duly the Philippine Islands that the U. S. gov- accepted by the Secretary of War of the ernment may designate, provided the ves.
United States : sels can safely lay afloat.
“Therefore this article of agreement is "The charge for this service is dependent made and entered into this 4th day of on the ports of call in the Philippines, and March, 1899, by and between the said J. M. also the quarantine regulations in Ceballos & Company, for the transportation Spain; but I propose and hereby agree to of the said prisoners of war from the Philip do this service at a price not to exceed in pine Islands to Spain, as are designated in any case:
the terms of the treaty of peace, referred For each officer .... $215 00 and quoted herein. For each enlisted man..... 73 75
“The said J. M. Ceballos & Company here"It is proposed to furnish subsistence by agree to furnish good and safe transequal to the United States garrison rations, portation for such number of prisoners of or, if preferred, the usual rations furnished war and persons as may be designated by under Spanish regulations.
the Secretary of War, from the Philippine "I will furnish a satisfactory bond for the Islands to such port in Spain as may be faithful fulfilment of this service."
designated by the Secretary of War, and to This bid was accepted, and on March 4, furnish to them subsistence while en route 1899, a contract was executed between the and on board the ships, and to deliver them Secretary of War and Ceballos & Company, on shore in Spain. by their attorney in fact, which, omitting "The said company further agrees that, the attestation clause and signatures, is for the purpose herein stipulated, they will as follows:
provide a sufficient number of steamships "Whereas, under the terms of the treaty for the safe and comfortable transportation
of the prisoners of war and such other per. "It is further agreed that all steamers sons as may be designated by the Secretary shall call at the port of Manila for orders, of War, with cabin accommodations for all and should the Secretary of War elect to officers, and third-class or steerage accommo- deliver prisoners to any steamer or steamdations, space, * and ventilation for the en ers at any other port in the Philippine listed men and other persons on board each Islands, orders to that effect must be given ship; that the subsistence furnished by the within twenty-four hours after the steamcompany shall be equal in every respect to er or steamers have reported to the com. the United States army garrison rations. manding oflicer at the port of Manila.
"The company further agrees to provide “No member or delegate to Congress, nor a sufficient number of steamships in the any person belonging to, or employed in, the harbor of Manila to perform the entire military service of the United States, is or service as herein stipulated, so that the em- shall be admitted to any share or part of barkation of the last of the prisoners of this contract, or to any benefit which may war and the other persons may be made not arise therefrom.” later than May 1st, 1899; that the ships The findings show that the vessels which to be used for the purpose are named and were supplied to perform this contract, like described in the list submitted with their those which were supplied to perform the proposals, copy of which is hereto attached Cuban contract and the subsequent Philip as a part of this agreenient, and the com- pine oral contract, were furnished with pany agrees that no troops shall be trans- cabin and steerage acconimodations, and ported upon any one of said ships in ex- that the officers, civil and military, with cess of two thirds of the steerage capacity their respective families, were carried in of each ship, as shown in the list referred to the cabin, and in the steerage were carried
“In consideration of the faithful perform the enlisted men and their families and ances of the foregoing stipulations and in other persons entitled to third-class pascompensation therefor, the Secretary of sage. War hereby agrees, on behalf of the United For the first twenty-five shipments pay. States, to pay to the said J. M. Ceballos & ment was made by the United States upon Company, for the transportation, subsist. certificates of the masters of the respective ence, and delivery on shore of each commis- ships on which said prisoners of war and sioned officer, the sum of two hundred and other persons were transported, certified to fifteen dollars ($215), and for each enlisted be correct at the place of landing, showing man, private soldier, or other person desig. | the different classes of passengers. nated by the Secretary of War for trans The court below also found as follows: portation the sum of seventy-three dollars The obligation of this country to repaand seventy-five cents ($73.75), the said | triate any other persons or classes of persums to be due and payable upon evidence sons than those who were actually prison. that said officers, enlisted men, or persons ers of war or political prisoners was queshave been transported, subsisted, and de- tioned by the Secretary of War. livered on shore in Spain.
On December 18, 1899, the Secretary of "It is further agreed that the prisoners War addressed an official letter to the Atof war and all other persons to be transport torney General, stating that, under the ed shall be delivered by the United States terms of the treaty of peace, the obligation on board the ships at such ports in the of the United States to send to Spain at Philippine Islands as may be designated by its own cost the wives and children of ofthe Secretary of War, within five (5) work. ficers and soldiers and civil prisoners ing days after the vessel or vessels are designated as officials, and their wives and ready to receive them. Demurrage, if any, children, was not clearly defined, and that earned by any such steamer or steamers, to the rates of compensation for the transbe paid by the United States at the rate of portation of such persons were not set forth fifteen cents (15c.) per gross ton register in the contract. But in that connection the per day, and for any prisoners on board at Secretary requested an opinion as to the the rate of $1.50 for each officer per day construction of the treaty of peace in reand*40 cents for each enlisted man per day. gard to the scope of the description of An account of the number of officers, en Spanish prisoners,—whether and to what listed men, or other persons to be taken at extent the treaty included the repatriation the time of embarkation by a representa of noncombatants at the cost of the United tive of the government of the United States States. The Secretary further requested a and a representative of the said J. M. construction of the contract rate of com. Ceballos & Company, and payment to the pensation which might be allowed and paid said company shall be made upon the basis per capita for each class of persons charged of the number of officers, enlisted men, and for under the terms of the contract with persons counted on each ship.
Ceballos & Company. On January 6, 1900,
the Attorney General answered this official On January 19, 1900, the Secretary of communication of the Secretary of War, War notified one of the firm of Ceballos & and construed the contract substantially as Co. that he had, on January 17, cabled*Genfollows: That it was questionable whether eral Otis, at Manila, that civil officials, all the persons tendered and transported prisoners' wives and children, were entitled were not within the purview of the treaty, to passage to Spain, and that the contract but that this was a question for the United provided for shipment of civil officials as States authorities, and not for the carrier, officers on the basis of $215 per capita; that who would have been guilty or might have wives and children of officers, soldiers, and been guilty of a breach of his contract in civil officials were entitled to transportation refusing to carry persons designated to be to Spain on the basis of $73.75 per capita. carried by the United States. The At As shown on statement, copied in the torney General further informed the Secre- margin,t the United States paid to Ceballos tary of War that the contract related to the & Company, under the Philippine oral and transportation of prisoners; that, as be written contracts, the sum of $1,544,595. It tween the contracting parties, it rested will be seen that no payments were made in alone with the United States to say whom respect of the transportation of other perit would send back to Spain, and, in doing sons than officers and enlisted men until 80, to alone determine who were prisoners, after the Attorney General had rendered the and who came within the purview of the opinion above referred to. Of the various treaty or the contract. That the words classes of persons specified, all but “of"other persons" were included within "en ficers"*were paid for at steerage or third. * listed men;" and that, as to all enlisted class rates, and this regardless of whether men, and all persons other than officers, cabin or steerage accommodations were military and civil, $73.75, and no more, was furnished. Minor children, that is, those payable by the United States under the con under the age of ten years, were paid for at tract.
half the adult rate.