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2d Session.

IN THE SENATE OF THE UNITED STATES.

APRIL 28, 1880.-Ordered to be printed.

No. 532.

Mr. HAMLIN, from the Select Committee on Nicaragua Claims, &c., submitted the following

REPORT:

[To accompany bill S. 1650.]

The Select Committee of the Senate to inquire into the claims of citizens of the United States against the Government of Nicaragua, submit the following report:

The resolution under which your committee were appointed, and under which they have acted, is in the following words:

Resolved, That a select committee of five Senators be appointed by the President of the Senate, who shall sit during the recess of Congress, to inquire into all claims of citizens of the United States against the Government of Nicaragua for indemnity for lives of relatives taken, wounds and other personal injuries inflicted, and property taken, injured, or destroyed, which have heretofore been filed in the Department of State and now remain pending and unsatisfied; and shall ascertain and determine what amounts, and to what persons, the Government of Nicaragua is liable to make compensation on account thereof, and report the same, with the evidence in reference thereto, to Congress at its next session.

It will be seen that the resolution provides that said committee "shall ascertain and determine what amounts, and to what persons, the Government of Nicaragua is liable to make compensation on account thereof, and report the same, with the evidence in reference thereto, to Congress at its next session."

The committee have given their careful consideration to the subjects embraced within the resolution under which they have acted. The claims which have been presented to the committee as filed in the Department of State number 108, upon which an aggregate of $6,092,000 has been claimed as justly due from the Nicaraguan Government. Of the number of claims stated, there are 48 in which no specific sum is claimed. Besides, several other claims not filed in the department before the pas sage of the resolution have been submitted to your committee. It is assumed by your committee, from an examination thereof, that they would probably amount in all to at least $10,000,000.

After a careful and deliberate consideration of the whole subject, your committee have come to the conclusion that, neither in justice to the claimants, nor to themselves, nor to the respective governments, can they determine for what amount the Nicaraguan Government is justly liable to make compensation. The evidence presented to the committee is wholly of an ex parte character; and without any knowledge of what facts might be presented in rebuttal of any of said claims, or in diminution of the damages therein claimed, your committee do not feel prepared to

2 CLAIMS OF CITIZENS OF THE U. S. AGAINST NICARAGUA.

decide the amount which should justly be paid; they cannot express an opinion for which they can or should be held responsible. These claims are of long standing, of a large amount, and, in justice to the claimants, the liability of the Nicaraguan Government should be settled and determined; and, in the judgment of the committee, the only just and equitable mode of disposing of all these matters is by a joint convention, agreed to by the respective governments, before which either party can introduce evidence in support of, or in opposition to, said claims, and before which the claims of each government, or the citizens of each government against the other, can be presented, heard, tried, and determined upon principles of law and equity. Such a commission, in the opinion of your committee, should be instituted, and to aid our government promptly to accomplish such object your committee report back the bill referred to them (S. 1650) authorizing the President to make the necessary arrangements to carry into effect any convention between the United States and Nicaragua for the adjustment of claims which may be duly concluded between the two governments, with an amendment, and recommend its passage.

2d Session.

IN THE SENATE OF THE UNITED STATES.

APRIL 28, 1880.—Ordered to be printed.

No. 533.

Mr. CALL, from the Committee on Pensions, submitted the following

REPORT:

[To accompany S. Res. 59.]

The Committee on Pensions, to whom was referred the joint resolution (S. Res. 59) repealing part of section 4693 Revised Statutes, have examined the same, and report:

That they are of the opinion that the repeal of the limitation in the statute will allow the presentation of cases to the Commissioner of Pensions in which there is no record evidence of the applicant's service and disability, and when time has rendered it difficult if not impossible to procure reasonable proof of the necessary fact.

They are further of opinion that the repeal of this section of the sta tute is unnecessary because, in meritorious cases of the class referred to, the pension can be allowed by special act of Congress. The committee, therefore, recommend that the joint resolution do not pass, and ask that it be indefinitely postponed.

IN THE SENATE OF THE UNITED STATES.

APRIL 28, 1880.—Ordered to be printed.

Mr. WITHERS, from the Committee on Pensions, submitted the following

REPORT:

[To accompany bill S. 1272.]

The Committee on Pensions, having examined the provisions of Senate bill 1272, find that it proposes to increase the pensions of those who have lost an arm below the elbow, or a leg below the knee, to $24 per month, where the amputation was so near the joint as to prevent the use of the joint.

The passage of such an act would, in the judgment of the committee, necessitate a corresponding increase in the pensions of those who had lost a limb above the same joint, and while special cases may and doubtless do exist, where equity and justice authorize an increase, such cases should be relieved by special act, as has been done in a few instances of peculiar merit.

The committee recommend the indefinite postponement of the bill.

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