of proof. The plan followed was to allow
the legal representative of the English Government an opportunity to
explain why each individual had been deported. The several claimants
were then permitted to put in evidence to clear themselves of these
charges. After the claims had all been considered in this way the
English representative announced the wish of his government to "agree
with the representatives of the various governments upon a lump sum to
be received by each of the powers in full satisfaction of the demands of
their respective claimants," it being understood that the British
Government "was not to be concerned as to how the sums so paid were
allocated among the various claimants."[61] This proposal was accepted
by the United States and by the other governments represented.
[Footnote 61: For. Rel., 1901, p. 221.]
With the announcement of the decision of the commissioners on October
28, 1901, Mr. Crane pointed out that it had been very difficult to
determine the real merits of most of the claims. Difficulty had been
experienced not only in ascertaining the real facts but in applying the
principles of international law as well. Many of the facts alleged by
the claimants were not substantiated, and it was only the considerate
view taken by the British Government which made possible a settlement so
favorable to the United States.
Holland put in a claim for L706,355 in behalf of 1139 persons who
alleged that they were Dutch subjects, and received 5.3 per cent, of
that amount, or L37,500, which was the highest actual award made,
although the lowest percentage of the sum claimed. Germany received
L30,000, or 12.22 per cent, of the amount claimed for 199 persons;
Austria-Hungary L15,000, or 34.24 per cent, for 112 persons; Italy
L12,000, or 28.52 per cent, for 113 persons; the United States L6,000,
or 22.22 per cent, for 15 persons. But Mr. Crane called attention to the
evident error of basing a calculation upon the relation the award in
each case bears to the amount claimed. The amount claimed in most cases
is not what the claimant thinks he is justly entitled to for the losses
he has sustained, but is the amount which his "caprice or cupidity fixes
as that which may possibly be allowed him."[62] Among the American
claims a number included demands for "moral" damages, and these claims
were larger than similar demands put in by citizens of other countries.
Even among the American claimants themselves there was a
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