[Senate Document No. 33, Sixty-eighth Congress, first session] CLAIMS ARISING OUT OF THE OCCUPATION OF VERA CRUZ MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A REPORT OF THE SECRETARY OF STATE REQUESTING SUBMISSION TO THE PRESENT CONGRESS, CLAIMS ARISING OUT OF THE OCCUPATION OF VERA CRUZ, MEXICO, BY THE AMERICAN FORCES IN 1914 AND REQUESTING LEGISLATION FOR AN APPROPRIATION TO PAY THE SAME. FEBRUARY 7, 1924.-Read; referred to the Committee on Foreign Relations and ordered to be printed. To the Congress of the United States: I transmit herewith a report by the Secretary of State requesting the submission anew to the present Congress of the matter of the claims arising out of the occupation of Vera Cruz, Mexico, by American forces in 1914, which formed the subject of a report made by the Acting Secretary of State to the President in September, 1922, and a message of President Harding to Congress dated September 14, 1922, which comprise Senate Document No. 252, Sixty-seventh Congress, second session, copies of which are furnished for the convenient information of the Congress. Concurring in the recommendation made by President Harding, that in order to effect a settlement of these claims, the Congress as an act of grace and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $45,518.69, I bring the matter anew to the attention of the present Congress, in the hope that the action recommended may receive favorable consideration. The WHITE HOUSE, Washington, February 7, 1924. S D-70-1-vol 24- -33 CALVIN COOLIDGE. The PRESIDENT: In September, 1922, the Acting Secretary of State reported at length to the President concerning claims against the United States arising out of the occupation of Vera Cruz, Mexico, by American forces in 1914, and requested that the President recommend to the Congress the adoption of the findings of the naval board in the settlement of these claims, as indicated in the report, and the appropriation of the sum of $34,214.89 in payment of the awards rendered by that board, and to cover indemnity to Valentin Perez and to compensate the claimants for the value of liquors destroyed under military orders, and also the sum of $11,303.80 approved by the Secretary of War as an adequate payment in satisfaction of the claim of the Vera Cruz Terminal Co. (Ltd.). This report was transmitted to Congress by the President on September 14, 1922, with the recommendation that in order to effect a settlement of these claims in accordance with the recommendation of the Acting Secretary of State, the Congress, as an act of grace, and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $45,518.69. This recommendation of President Harding and the report of the Acting Secretary of State mentioned, with its accompanying papers, comprise Senate Document No. 252, Sixty-seventh Congress, second session, copies of which are inclosed for the President's full information. It appearing that no action was taken on this recommendation by the Sixty-seventh Congress, and fully concurring in the report and request of the Acting Secretary of State, I beg to suggest the submission of the matter new to the consideration of the present Congress. It will be observed from the inclosed communication from the Bureau of the Budget, to whom the matter was referred, that the proposed action is not inconsistent with the financial program of the Government. Respectfully submitted. DEPARTMENT OF STATE, CHARLES E. HUGHES. Washington, February 4, 1924. BUREAU OF THE BUDGET, DEAR MR. SECRETARY: I have your letter of December 19, inclosing a copy of Senate Document No. 252 of the Sixty-seventh Congress, second session, containing a report to the President recommending that Congress be requested to authorize an appropriation for the settlement of claims of foreign nationals arising out of the occupation by the American forces of Vera Cruz, Mexico, in 1914, and asking whether the proposed action is in harmony with the financial policy of the President. It gives me pleasure to advise you that the proposed request for legislation authorizing an appropriation for the purpose stated is not in conflict with the financial program of the President. Sincerely yours, THE SECRETARY of STATE. H. M. LORD, Director. Senate Document No. 252, Sixty-seventh Congress, second session CLAIMS ARISING OUT OF THE OCCUPATION OF VERA CRUZ COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A REPORT FROM THE ACTING SECRETARY OF STATE, TOGETHER WITH A LETTER FROM THE ACTING DIRECTOR OF THE BUREAU OF THE BUDGET, RESPECTING THE CLAIMS OF NATIONALS OF SPAIN, FRANCE, GREAT BRITAIN, GERMANY, AUSTRIA, ITALY, CUBA, AND THE UNITED STATES ARISING OUT OF THE OCCUPATION BY THE AMERICAN FORCES OF VERA CRUZ, MEXICO, IN 1914. SEPTEMBER 14, 1922.-Read; referred to the Committee on Appropriations and ordered to be printed. To the Senate and House of Representatives: I transmit herewith a report respecting claims of the nationals of Spain, France, Great Britain, Germany, Austria, Italy, Cuba, and the United States arising out of the occupation by the American forces of Vera Cruz, Mexico, in 1914, with a request that the findings of the naval board in the settlement of these claims, as indicated therein, be adopted, and that the Congress authorize the appropriation of the sum necessary to pay the awards rendered by that board, to cover an indemnity to Valentin Perez and to compensate the claimants for the value of liquors destroyed under military orders, and also the sum approved by the Secretary of War as an adequate payment in satisfaction of the claims of the Vera Cruz Terminal Co. Ltd.). I recommend that, in order to effect a settlement of these claims in accordance with the recommendation of the Acting Secretary of State, the Congress, as an act of grace, and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $45,518.59. THE WHITE HOUSE, September 14, 1922. WARREN G. HARDING. The PRESIDENT: I have the honor to submit, with a view to its transmission to Congress, the following report and recommendation relative to the claims against the United States arising out of the occupation by American forces of Vera Cruz, Mexico, in 1914: On April 20, 1914, the President of the United States addressed the two Houses of Congress in joint session, asking the approval of that body for his action in using the armed forces of the United States in such ways and to such an extent as he deemed necessary to obtain from General Huerta, of Mexico, and his adherents the fullest recognition of the rights and dignity of the United States. This approval was voiced by joint resolution approved April 22, 1914, in the following terms: * * That the President is justified in the employment of the armed forces of the United States to enforce his demand for unequivocal amends for certain affronts and indignities committed against the United States. Be it further resolved, That the United States disclaims any hostility to the Mexican people or any purpose to make war upon Mexico. In the execution of the President's Mexican policy as outlined in his address to Congress, United States marines and sailors were landed at Vera Cruz, Mexico, April 21, 1914, and immediately took possession of the cable office, post office, telegraph office, customhouse, the railroad terminal and yards with rolling stock. There was considerable firing upon the American troops, which necessitated forcible measures by them. As a result of these operations a number of complaints were made by local residents to the commander in chief of the United States Atlantic Fleet in regard to damage to property said to have been incident to the occupation of the city. The commander in chief appointed a board of naval officers to investigate these complaints and to make a record of any evidence that might be submitted on behalf of the several claimants. This board met from time to time at the United States consulate at Vera Cruz and submitted reports on 99 claims. Claimants were advised that it would be necessary for them to make formal application for reimbursement through diplomatic channels for the value of property alleged by them to have been damaged or destroyed, but in no case was a claimant given any assurance of ultimate reimbursement. The total claims presented before this board amounted to approximately $283,000 Mexican, plus about $15,700 United States gold. The Governments of Spain, Great Britain, and France have filed with the Department of State a list of their nationals whose claims were passed upon by the naval board, and have asked the Government of the United States to pay indemnities for the damage sustained. In addition to the above claims heard by the naval board at Vera Cruz, there was referred to the War Department for its consideration a claim of the Vera Cruz Terminal Co. Ltd.) and railways connected therewith, amounting to $114,154, which was presented diplomatically by the British Government, and covers compensation for the use of the company's properties at Vera Cruz by the American forces, including the railroad terminal facilities, besides the use of two of the railroads for which the claimant acts as agent, in addition to damages to the property. On receiving the first complaint of this company the papers were referred to the commanding general at Vera Cruz for investigation, and the board of officers appointed by him held hearings in that city from August 17 to September 17, 1914, to determine the facts and a fair and reasonable basis of compensation. Subsequently the Quartermaster General of the Army made a careful examination into the whole matter, collecting data to cover the period between the action of the board and the date of withdrawal of the forces from the city. He concurred in the recommendations of the board, and upon the basis so submitted found the aggregate amount which should be allowed for the entire time of occupancy by the United States Army and the United States Marine Corps to be $11,303.80, United States currency. The case was then reviewed by the Judge Advocate General and by the Chief of Staff of the Army, each of whom fully concurred in the recommendations of the Quartermaster General, and approval was given thereto by the Secretary of War. Another claim arising out of the same circumstances, brought to the attention of the department by the Spanish ambassador, is that of Valentin Perez. It appears that Mr. Perez sustained personal injury during the occupation of Vera Cruz by the American forces which has deprived him of the use of an arm. On submitting the facts in the case to the Navy Department that department made reply on July 12 and 30, 1914, detailing the injuries Perez had sustained, and on May 4, 1922, suggested that he be paid $2,500, as an indemnity for his injuries. The department has made an examination of the claims upon which the naval board has rendered decisions and concurs in the recommendations made by the board, which may be grouped for convenience under four titles: (1) Where a recommendation for a full or partial allowance was made in full settlement of the claim; (2) where a partial allowance was recommended with a suggestion that the claim is deserving of further consideration if, upon presentation through the usual diplomatic channels to the Government of the United States, satisfactory evidence of actual loss is submitted; (3) where no allowance was made but the same suggestion made as set forth under 2; and (4) where the claims were dismissed. The record of the proceedings of the board as received from the Navy Department is voluminous, comprising in the case of each claim the minutes of the naval board, transcript of testimony, statement of losses by claimant, supported in some instances by affidavits, and a certificate of the claimant's nationaltiy. In view of the voluminous character of this record it is not transmitted herewith, but all or any part of it will, of course, be furnished, should the Congress so desire. In the examination of these claims they have been considered as falling under one of two groups: First, claims for damages to premises and permanent electrical equipment, such as cables, telephone wires, etc., the taking of property and merchandise used by the naval forces; and, second, claims for merchandise lost or destroyed through looting. In considering cases in the first group where damage was done to premises, the statement of naval officers usually fixed the responsibility for the damage and this, coupled with the result of an inspection of the premises by the board formed the basis for the decision |