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 Copy 1 
 
 WXH CONGRESS, I 
 
 2d Session. \ 
 
 cur* 
 
 SENATE. 
 
 Report 
 
 No. 800. 
 
 ' 
 
 3MAN cat: TO RICO. 
 
 ry . <* 
 
 January 20, 1909. — Ordered to be printed. 
 
 Mr. Foraker, from the Committee on Pacific Islands and Porto 
 Rico ; submitted the following 
 
 REPORT. 
 
 [To accompany S. 8601.] 
 
 The Committee on Pacific Islands and Porto Rico has had under 
 consideration the following bill:* 
 
 [S. S601, Sixtieth Congress, second session.] 
 A BILL To provide for the payment of claims of the Roman Catholic Church in Porto Rico. 
 
 Be it enacted by the Senate and House of Representatives of the United States of America 
 in Congress assembled, That there is hereby appropriated, out of any moneys in the 
 Treasury not otherwise appropriated, the sum of one hundred and twenty thousand 
 dollars, the same to be paid to the bishop of Porto Rico, as the representative (and 
 trustee) of the Roman Catholic Church in that island, to be used exclusively for the 
 benefit of the Roman Catholic Church in Porto Rico; and that the acceptance of said 
 sum, paid under the provisions of this act, shall be in full satisfaction of all claims of 
 every nature whatsoever relative to the properties claimed by the Roman Catholic 
 Church in Porto Rico which are now in the possession of the United States, to wit, the 
 building known as the "Santo Domingo Barracks" and the land pertaining thereto, 
 and the site of the building formerly known as the "Ballaja barracks,'* now known 
 as the "infantry barracks," both properties in the city of San Juan, Porto Rico; the 
 Roman Catholic Church to relinquish all rights and actions regarding said properties,, 
 and the said properties to belong exclusively to the United States: Provided further, 
 That upon the acceptance of this sum the Roman Catholic Church shall relinquish 
 all claims of any kind whatsoever against the United States arising in Porto Rico prior 
 to the approval of this act. 
 
 In view of the following report of Mr. Robert Bacon, Assistant 
 Secretary of State, and Maj. Frank Mclntyre, relative to their mission 
 to Porto Rico to adjust the questions pending between the people 
 of the insular government and the Roman Catholic Church, it is 
 recommended that the bill do pass without amendment: 
 
 [House Document No. 1204, Sixtieth Congress, second session.] 
 
 The White House, 
 Washington, December 14, 1908. 
 To the Senate and House of Representatives: 
 
 I transmit herewith a report from Mr. Robert Bacon, Assistant Secretary of State, 
 and Maj. Frank Mclntyre, U. S. Army, of their mission to Porto Rico, under my oral 
 
MSI 
 
 2 ROMAN CATHOLIC CHURCH CLAIMS IN PORTO RICO. j 
 
 instructions, to meet with representatives of the insular government of Porto Rico and 
 of the Roman Catholic Church in that island with a view to reaching some equitable 
 settlement of the questions pending between that church on the one hand and the 
 United States and the people of Porto Rico on the other. 
 
 The nature of these questions and the conditions of the controversy at the time of 
 the meeting of the commission at San Juan are fully and clearly stated in the report, 
 as is the basis for an equitable and complete settlement of all the questions m contro- 
 versy unanimously agreed on by the members of the commission in a memorandum 
 signed on August 12, 190S. 
 
 It will be seen that under the terms of this memorandum the United States is to pay 
 to the Roman Catholic Church in Porto Rico the sum of $120,000 in full settlement 
 of all claims of every nature whatsoever relative to the properties claimed by the 
 ■church which are now in the possession of the United States and which are defined 
 in the report. 
 
 The properties specifically in question form part of the land reserved for military 
 purposes in San Juan and are now occupied by United States troops. I am informed 
 that they are well suited to such purposes and that to provide for the garrison of San 
 Juan elsewhere would require the expenditure of many times the sum involved in the 
 proposed settlement. 
 
 This basis of agreement has received my entire approval, and I trust that the Con- 
 gress will see the great importance of the matter and will, at its present session, pass 
 such legislation as is necessary to give the basis of the agreement effect on the part 
 of the United States. 
 
 The legislative assembly of Porto Rico has already, by a joint resolution approved 
 September 16, 1908, ratified the basis of agreement recommended by the commission- 
 ers in so far as it affects that government and enacted the necessary legislation to make 
 it effective. 
 
 Theodore Roosevelt. 
 
 Department of State, 
 Washington, September 22, 1908. 
 
 Mr. President: In compliance with your oral instructions to meet with represent- 
 atives of the insular government of Porto Rico and of the Roman Catholic Church 
 in that island, and come to some equitable agreement which might form the basis of 
 a final settlement of the questions pending between that church on the one hand 
 and the United States and the people of Porto Rico on the other, we have the 
 honor to submit the following report: 
 
 In the transfer of sovereignty of territory from Spain, where the church and state 
 were closely 'united, to the United States, where such union was incompatible with 
 the institutions and laws of the country, many questions arose as to the ownership of 
 properties held by the Roman Catholic Church, as well as to other properties held, by 
 the Government but claimed by the church. 
 
 In all other cases where the United States, as distinguished from the municipalities 
 and insular governments, has been a party to these questions, the settlement has 
 been made amicably without reference to the courts. Referring to this, the Supreme 
 Court, in the case of the Municipality of Ponce, appellant, v. The Roman Catholic 
 Apostolic Church in Porto Rico, in its decision of June 1, 1908, says: 
 , ' ' The properties of the church in Cuba and the Philippines at the time of the rati- 
 fication of the treaty were far more considerable than those in Porto Rico. And the 
 ■controversies or questions arising as to those properties have been quite generally 
 adjusted, in both Cuba and the Philippines, partly with and partly without recourse 
 to the courts. In Cuba, a commission was appointed to consider the whole question, 
 and its report contains much interesting and pertinent information. It begins with 
 the fundamental proposition that, 'The church, as a juridicial person, has held and 
 holds the right to acquire, possess, or transfer all kinds of properties. The church has 
 never been denied this right in Spain, rather, on the contrary, in all the provisions 
 ■covering these matters this right has been recognized in the church.' (S. Rept. 2977, 
 57th Cong., 2d sess., p. 12.) 
 
 "On this admitted basis was concluded a satisfactory adjustment of the difficult 
 problem incident to the transfer of sovereignty from a regime of union of church and 
 state to the American system of complete separation. 
 
 " Even greater difficulties were settled in the Philippines, and the American Gov- 
 ernment never suggested that the church was without juristic capacity to possess or 
 protect property rights. The suggestion that it did not possess a license from the local 
 authorities 'to do business' was never put forward. 
 
ROMAN CATHOLIC CHUBCH CLAIMS IN PORTO RICO. 5 
 
 " Whether these ecclesiastical properties originally came from the State or any sub- 
 division thereof, they were donated to, at once became, and have ever since remained 
 the property and in the peaceful possession of the Roman Catholic Church." 
 
 While the property of the Roman Catholic Church in Porto Rico had, as compared 
 to Cuba and the Philippines, never been considerable, yet there arose in that island, 
 with respect thereto, several involved questions. 
 
 Questions as to title to the churches and temples in the peaceful possession of the 
 church at the time of the withdrawal of Spain from the island are settled by the deci- 
 sion in the case of The Municipality of Ponce D. The Roman Catholic Church, above 
 referred to, in which the Supreme Court held that the ownership of such property 
 was and remained in the church, notwithstanding the fact that the municipalities 
 may have furnished some of the funds for building or repairing the churches. Other 
 questions in Porto Rico remained unsettled, and after several years spent in efforts 
 1 o have these controversies adj«sted as they had been adjusted in Cuba and as some- 
 what similar questions have recently been adjusted in the Philippine Islands by 
 negotiations outside of the courts, the church brought suit against the People of Porto 
 Rico under an act of the legislative assembly of Porto Rico giving original jurisdic- 
 tion for the trial and adjudication of such questions to the supreme court of Porto- 
 Rico. 
 
 In the brief of the plaintiff the properties claimed as held by the People of Porto 
 Rico and belonging to the church are enumerated as follows: 
 
 1 . The building, formerly convent of St. Dominic, valued at. $64, 000. 00 
 
 2. Rental thereon from October 18, 1898, and thereafter, at 6 per cent 
 
 per annum 3, 840. 00 
 
 3. The grounds adjoining said buildings, on the east, valued at 9, 000. 00 
 
 4. Rental thereon during the same period, at 6 per cent per annum 540. 00 
 
 5. The building, formerly convent of St. Francis, valued at 107, 000. 00 
 
 6. Rental thereon during the same period, at 6 per cent per annum 6, 420. CO 
 
 7. The site of the market Plaza, this city, valued at 40, 000. 00 
 
 S. Value of annual canons or fees (rental of Market Place site) paid by 
 
 the municipal corporation of this city to the treasury of Porto Rico 
 
 during the same period, amounting each year to 128. 52 
 
 9. The site occupied by the Ballaja barracks, valued at 51, 000. 00 
 
 10. Rental thereon during the same period, per annum 1, 060. 00 
 
 11. The site occupied by the Beneficencia and lunatic asylum, valued at. 64, 000. 00 
 
 12. Rental thereon, amounting each year to 3, 840. 00 
 
 13. All the censos proceeding from the convents of St. Dominic, St. Fran- 
 
 cis, and Porta Coal, in the possession of the people of Porto Rico, 
 amounting to t . 19, 764. 23 
 
 14. Revenues from these censos, collected by the treasury of Porto Rico, 
 
 from October 18, 1898, and thereafter 
 
 L5. Amount of capitals and revenue of censos redeemed, or that, may be 
 redeemed, during the same period 
 
 16. Amount of five promissory notes, due by Don Antonio Catala y Canales, 
 
 specified in the certified statement of the honorable treasurer, dated 
 
 January 14, 1903 1, 803. 23 
 
 17. Amount of three promissory notes, due by Don Arturo E. Diaz, speci- 
 
 fied in aforesaid certified statement 405. 00 
 
 18. The piece of ground in Cangrejos, measuring 62 cuerdas, also specified 
 
 in aforesaid certified statement 
 
 The supreme court of Porto Rico, by a divided court, three justices joining in the 
 majority opinion, two dissenting, sustained the contention of the church in all material 
 respects, except as to the convent of Santo Domingo and the site occupied by the Bal- 
 lajsfbarracks. The exception was made for the reason that title to these properties was 
 claimed not by the people of Porto Rico, but by the United States, the properties hav- 
 ing been reserved by proclamation of the President of the United States for military 
 purposes under authority of an act of Congress, and the United States was not a party 
 to the suit. With reference to these properties, however, the court stated: "That the 
 evidence heard at the trial of this case shows that the aforesaid convent of Santo Do- 
 mingo with the lands adjacent to the same, as well as the land on which the barracks of 
 Ballaja are located, belong to the R,oman Catholic Apostolic Church," and that only for 
 a technical reason the court did not direct their return to the Catholic Church, together 
 with the other properties which are the subject of the reclamation made in this suit. 
 
 Briefly the title of the United States to the property in question held by it is iden- 
 tical with that of the People of Porto Rico to the property which the court directed 
 should be returned to the church. 
 
4 ROMAN CATHOLIC CHUECH CLAIMS IN POETO EICO. 
 
 The estimated values of these two properties, as approved by the supreme court of 
 Porto Rico, are as follows: The convent of Santo Domingo and the lands appertaining 
 thereto, §73,000; the site on which the Ballaja barracks are erected, $51,000. The 
 annual rentals of these two properties were estimated at $4,380 per annum, and $1,060 
 per annum, respectively, or a total to October 18, 1908, of $54,400. The court in its 
 decision in directing the return of the properties held under identical title by the Peo- 
 ple of Porto Rico, directed also the payment of rentals from October 18, 1898. From 
 the decision of the court the People of Porto Rico has appealed to the Supreme Court 
 of the United States. 
 
 The foregoing briefly gives the condition of the controversy at the time of the 
 meeting of the commission in San Juan, P. R. The church was represented by the 
 Bishop of Porto Rico and Juan Hernandez Lopez, the attorney for the church; the 
 People of Porto Rico was represented by its attorney-general, Henry M. Hoyt, and 
 Jose de Diego, the speaker of the house of delegates. 
 
 We had, prior to the meeting, carefully examined the real r)roperties in question, 
 and believe that the estimated values given are not excessive. In fact, the assessed 
 value of these properties, as shown by attached copies of letters, is considerably in 
 excess of the estimated values approved by the court. 
 
 After sessions extending over a good part of the days of August 11 and 12, all the 
 members of the commission united in signing as an equitable and complete settle- 
 ment of all the questions in controversy the following: 
 
 "-■ Memorandum of basis of settlement of all matters in dispute between the Roman 
 Catholic Church in Porto Rico, on the one part, and the United States of America 
 and the People of Porto Rico on the other part. 
 
 It being considered desirable to bring to an end the controversies relative to certain 
 property situated in the island of Porto Rico, claimed to be the property of the Roman 
 Catholic Church of Porto Rico, and held in part by the United States of America and 
 in part by the People of Porto Rico, the undersigned, consisting of two persons appointed 
 by the President of the United States, of two persons representing the Roman Catholic 
 Church in Porto Rico, and two persons representing the People of Porto Rico, appointed 
 by the governor thereof, have reached the following basis for a settlement of such con- 
 troversies, and have agreed to recommend the same to their respective sources of 
 authority, for their approval and ratification, and for submission to such legislative 
 and governmental bodies as may be necessary for the full legalization thereof. 
 
 First. The United States to pay to the Roman Catholic Church in Porto Rico 
 the sum of one hundred and twenty thousand dollars in full settlement of all claims 
 of every nature whatsoever relative to the properties claimed by the church, which 
 are now in the possession of the United States, and are specified and described in the 
 judgment rendered by the supreme court of Porto Rico in a certain suit number 1, 
 brought by the church against the People of Porto Rico, in the supreme court of Porto 
 Rico, the church to relinquish all rights and actions regarding said properties, the said 
 properties to belong exclusively to the United States. 
 
 Second. The People of Porto Rico to pay to the Roman Catholic Church in Porto 
 Rico the sum of one hundred and eighty thousand dollars in full settlement of all 
 claims of every nature whatsoever relative to the properties claimed by the church, 
 which are now in the possession of the People of Porto Rico, and are specified and 
 described in the judgment rendered by the supreme court of Porto Rico in said suit 
 number 1, hereinbefore mentioned, and the church to relinquish all rights and actions 
 regarding such properties, which properties shall belong exclusively to the People of 
 Porto Rico. 
 
 Third. The People of Porto Rico to turn over to the Roman Catholic Church the 
 chapel situated in Santurce, described in suit number 10 between the Roman Catholic 
 <Dhurch and the People of Porto Rico, the said chapel, together with the land sur- 
 rounding it in the form of a rectangle, the outer lines of which shall be at least three 
 meters distant from the eastern, southern, and western outer walls thereof, and which 
 shall extend to the Carretera on the northern side, to be the exclusive property of 
 the church in Porto Rico. 
 
 Fourth. The People of Porto Rico to return to the Roman Catholic Church in 
 Porto Rico all censos claimed and enumerated in the judgment rendered by the 
 supreme court of Porto Rico in the aforesaid suit number 1, together with all interest 
 thereon which may have been collected since October 18, 1898, and the principal of 
 such censos as may have been redeemed from and after said October 18, 1898. 
 
 Fifth . The People of Porto Rico to return to the Roman Catholic Church in Porto 
 Rico the parcel of land in Cangrejos, composed of sixty-two cuerdas, more or less, 
 which is mentioned in subdivision number 18 in the statement of properties which 
 appears at the end of the brief dated February 24, 1906, submitted to the supreme 
 court of Porto Rico by the attorney for the church in the said suit number 1, and the 
 property marked "number 16" and "number 17" in said statement. 
 
ROMAN CATHOLIC CHURCH CLAIMS IN PORTO RICO. 
 
 Sixth. The sum of one hundred and eighty thousand dollars referred to in clause 
 second hereof, to be paid by the People of Porto Rico to the church in three equal 
 installments; the first payment to be made during the current fiscal year after the 
 ratification of this agreement by the legislative assembly of Porto Rico, on such date 
 as may be fixed by the governor of Porto Rico, in his discretion, the second installment 
 to be paid on or before the 20th day of June, 1910, and the third installment on or 
 before the 20th day of June, 1911, with interest at the rate of three per cent per annum 
 on the last two installments, the People of Porto Rico reserving the right to pay said 
 installments in advance at its option, with interest thereon only up to the date of 
 payment. 
 
 Seventh. The Roman Catholic Church to be bound to guarantee the title to such 
 properties as are to be transferred by it to the United States and to the People of Porto 
 Rico under this agreement, but the People of Porto Rico to be in no case bound to 
 guarantee the title to such properties as are to be transferred by it to the church 
 under this agreement, and such transfers to be understood to be made without ulterior 
 liability on the part of the People of Porto Rico. 
 
 Eighth. Such moneys as shall be received by the Roman Catholic Church from the 
 United States and from the People of Porto Rico, pursuant to the terms of this agree- 
 ment, to be used exclusively for the benefit of the church in Porto Rico. 
 
 Ninth. The Roman Catholic Church to relinquish all claims of every kind whatso- 
 ever arising in Porto Rico prior to the date of the ratification of this settlement, either 
 against the United States or against the People of Porto Rico. 
 
 Tenth. Upon the approval and ratification of any portion of this settlement, the 
 necessary public instruments or deeds to be executed by the respective parties, but 
 the People of Porto Rico are to be in no way bound to procure or guarantee the reg- 
 istry, in the registry of property, of such titles as are to be transferred to the church. 
 Signed in triplicate this twelfth day of August, 1908, by the respective commis- 
 sioners. 
 
 For the United States: Robert Bacon, 
 
 The Assistant Secretary of State . 
 Frank McIntyrb, 
 Major of Infantry, Assistant Chief, 
 Bureau of Insular Affairs, War Department. 
 For the church: 
 
 W. A. Jones, 
 
 Bishop of Porto Rico. 
 Juan Hernandez Lopez, 
 Attorney of the Catholic Church of Porto Rico. 
 
 For the People of Porto Rico: 
 
 J. de Diego, 
 Speaker of the House of Delegates. 
 Henry M. Hoyt, 
 Attorney-General of Porto Rico. 
 
 ' Under the terms of this memorandum the United States is to pay the Roman Catholic 
 Church in Porto Rico the sum of $120,000, in full settlement of all claims of every nature 
 whatsoever relative to the properties claimed by the church which are now in posses- 
 sion of the United States. These properties are: 
 
 First. The site now occupied by the Ballaja barracks, or as the building is now 
 known, the infantry barracks, in San Juan, and the Santo Domingo barracks and the 
 land pertaining thereto. Both of these are on the lands reserved for military purposes 
 in the city of San Juan. The values of these properties, as estimated by the supreme 
 court of Porto Rico, are: 
 
 The site occupied by the Ballaja barracks $51, 000 
 
 The building formerly the convent of Santo Domingo 64, 000 
 
 The ground adjoining said building on the east 9, 000 
 
 The assessed values are: 
 
 The* site of the Ballaja barracks 82, 110 
 
 Convent of Santo Domingo and adjacent land 100, 710 
 
 As has been stated heretofore, the United States title to this property is identical 
 with that of the people of Porto Rico to the several properties which were the subject 
 of the suit above referred to. 
 
 The opinion of the court was that the property was the property of the church, and 
 adjudged to the church the possession of that held by the people of Porto Rico and a 
 
6 BOMAIST CATHOLIC CHURCH CLAIMS IN PORTO RICO. 
 
 rental of 6 per cent per annum on the estimated value of said property from October 
 18, 1898. This rental in the case of the property held by the United States amounted 
 to $54,400 on October 18, 1908. 
 
 The settlement now recommended requires payment to the church of a lump sum 
 in full settlement of claims to ownership, rental, and all other claims of any nature 
 whatsoever which it may have against the property held by the United States. The 
 property is to belong exclusively to the United States, the church to guarantee the 
 title thereto. The Roman Catholic Church is further to relinquish all claims of every 
 kind whatsoever arising in Porto Rico prior to the date of the ratification of this set- 
 tlement either against the United States or the People of Porto Rico, in other words, 
 a final and full settlement of all controversies is provided for. 
 
 The character of the claim of the church to the ownership of this property is reviewed 
 in the opinion of the supreme court of Porto Rico, as well as in the dissenting opinion. 
 Briefly, the facts of this controversy, as certified to the Supreme Court of the United 
 States by the supreme court of Porto Rico, in so far as the property held by the United 
 States is concerned, are as follows: 
 
 Don Juan Ponce de Leon, the conquerer and first governor of the island of Porto 
 Rico, donated to the Dominican friars a piece of land situated in the northern part 
 of the city of San Juan, extending to the wall looking to the sea, in order that they 
 might establish and found a convent, and the convent, now called the barracks of 
 Santo Domingo, as well as the Ballaja barracks are on the land thus given by Ponce 
 de Leon to the Dominican friars. 
 
 Late in the year 1838 the religious communities of men in the island of Porto Rico 
 were suppressed and all of their properties were seized by the Government without 
 payment of damages or indemnification. They were expelled from their convents 
 by public forces, and the convents were converted into barracks for the lodging of the 
 troops of the garrison of San Juan. 
 
 The Government continued disposing freely of the properties thus seized, alienating 
 some of them and using all of their products, until the signing of the treaty or con- 
 cordat of March 16, 1851, between His Holiness Pope Pius IX and Queen Isabella II, 
 which concordat has since that time formed a part of the public law of Spain. Among 
 other things, this concordat provided that the properties which belonged to the sup^- 
 pressed religious orders, then in the possession of the Government, and which had not 
 been alienated, should be restored without delay to the communities referred to, and 
 be delivered to the representatives of the same — that is, to the diocesan prelates in 
 whose jurisdiction the convents were situated. 
 
 Certain difficulties having arisen in carrying into effect the stipulations of the con- 
 cordat of 1851, there was entered into an additional concordat of 1859 between the 
 same authorities. This concordat specifically recognized the right of the church to 
 acquire, retain, and enjoy the usufruct of all kinds of property, and provided, in 
 Section IV thereof: "By virtue of the same right the Government of Her Majesty 
 recognizes the church as the absolute owner of each and all of the properties that have 
 been restored to it by the concordat. " It further provided for the determination by 
 the bishops, with the approval of their clergy, of the value of the church properties 
 in their respective dioceses, and the Government was to give in exchange for these 
 properties and their cession to the State 3 per cent bonds of the consolidated public 
 debt of Spain to cover the total value of said properties. While this agreement was 
 carried out in Spain, not so in Cuba, and Porto Rico. 
 
 The Government, however, took upon itself the defrayment of the expenses of the 
 clergy and worship in the island in accordance with the agreement also contained in 
 the concordat of 1851. 
 
 While some of the properties proceeding from the religious communities which had 
 been abolished in the island were sold and the proceeds thereof were paid in the 
 treasury, the remaining property continued in the possession of the Government until 
 the change of sovereignty and the conclusion of the treaty of Paris, articles 2 and 8 
 of which provided for the cession of the island of Porto Rico to the United States, 
 together with all buildings, wharves, barracks, forts, structures, public highways, 
 and other public property, which, in conformity with law, belonged to the public 
 domain, and as such belonged to the Crown of Spain, it being, however, understood 
 that such cession could not in any respect impair the ownership or the rights which, 
 with regard to said properties, by law belonged to ecclesiastical or civic bodies. " 
 
 The convents of Santo Domingo and San Francisco, with the lands annexed thereto, 
 as well as the lands occupied by the Ballaja Barracks, proceed from the religious com- 
 munities of Dominican and Franciscan friars which existed in San Juan and were 
 abolished by the Government in 1838. Briefly, this is the statement of facts on which 
 the court held the property in question to be the property of the Roman Catholic 
 Church. 
 
ROMAIST CATHOLIC CHURCH CLAIMS IN PORTO RICO. 7 
 
 The dissenting opinion held that in no case could the claim for rental be justified 
 prior to May 1, 1900, the date on which the people of Porto Rico became a body politic 
 under the organic act passed by Congress on the 12th of the previous April. It further 
 held that the court could not properly take judicial notice of the authority of the 
 diocesan prelate, or bishop of Porto Rico, to represent the Roman Catholic Church in 
 litigation nor to ascertain by any other means than by evidence properly introduced 
 the relations of the Franciscan and Dominican friars to the Roman Catholic Church, 
 and that it may be that they held their own lands and property entirely independent 
 of the church, and that neither the Pope nor the bishop had any control qver them 
 whatever, and that there was no evidence in the case to show that the church had any 
 right to represent these monastic orders or authority to bring a suit in their behalf. 
 That any claim which the church may have had for the nonfulfillment of the terms of 
 the concordat of 1859 was one against the Crown of Spain for what was justly due, but 
 even as against the Crown of Spain the church could not claim the property itself, 
 much less from a purchaser who acquired the same in good faith long after the concordat 
 had been made. 
 
 It was further recited in the dissenting opinion that it is judicially known to the 
 court from the public laws of Spain and the Province of Porto Rico that annual appro- 
 priations were made for the support of the clergy and public worship and for pensions 
 to the dispossessed friars, altogether amounting, during some of the years prior to the 
 American occupation, to nearly $200,000. That this large and liberal appropriation 
 made from year to year by the Spanish Government and the provincial government 
 of Porto Rico was probably accepted in lieu of the bonds or certificates of the public 
 debt which could have been claimed under the concordats or by the communities of 
 friars or other ecclesiastical authorities, and was doubtless regarded as a fair settlement 
 of any claims supposed to exist against the Government on account of the seculariza- 
 tion of the monasteries and other property belonging to these brotherhoods. 
 
 The defendant pleads the statute of limitations, which, in Porto Rico, in real 
 actions, requires the lapse of thirty years to bar the action. The friars were, as shown 
 by the testimony of three aged witnesses, beyond a doubt ejected in the year 1838, 
 and ever since that time, it is claimed by the defendant, the Government, either 
 Spanish, American, or insular, has been in adverse, peaceable, and uninterrupted 
 possession of all the properties claimed. The dissenting opinion agrees with the 
 defendant as to this. 
 
 The above very briefly outlines the points of difference. A full understanding of 
 the case may be obtained from the following documents: 
 
 Senate Report No. 2977, Fifty-seventh Congress, second session. 
 
 Transcript of Record, Supreme Court of the United States, October term, 1908, 
 No. 151. "The People of Porto Rico, appellants, v. The Roman Catholic Church in 
 Porto Rico. Appeal from the supreme court of Porto Rico." 
 
 Briefs of plaintiff and defendant in the supreme court of Porto Rico. 
 
 The Senate report gives, on pages 11 et seq., the report of the commission of judges, 
 in accordance with which was settled the identical question in Cuba. The commission 
 reported that the property then in question was the property of the church. 
 
 Your commissioners believe that the settlement recommended is a wise one and in 
 accordance with the precedents of terminating similar controversies in Cuba and the 
 Philippines. It is essentially a compromise, and no effort has been made to forecast 
 what might be the decision of the highest court in the case. 
 
 While the report of the commission of judges in Cuba and the decision of the supreme 
 court of Porto Rico have both been in favor of the church, its representatives have 
 expressed themselves as favoring a compromise, receiving but part of their claim rather 
 than proceeding with litigation which they have entered into unwillingly and as a 
 last resort short of yielding what they conceive to be rights that they can not sacrifice 
 without being unfaithful to their trust. 
 
 Your commissioners earnestly recommend your approval of the basis of agreement, 
 and that you recommend the necessary appropriation to make it effective. 
 
 Attached hereto is the draft of a bill which will, it is believed, carry into effect 
 the proposed agreement. 
 
 Very respectfully, Robert Bacon, 
 
 Assistant Secretary of State. 
 Frank McIntyre, 
 Major of Infantry, Assistant to Chief of Bureau 
 
 The President, of Insular Affairs of the War Department. 
 
 The White House. 
 
8 ROMAN CATHOLIC CHURCH CLAIMS IN PORTO RICO. 
 
 AN ACT To provide for payment of the claims of the Roman Catholic Church in Porto Rico. ^| ^=; 
 
 Be it enacted by the Senate a7id House of Representatives of the United States of America 
 in Congress assembled, That there is hereby appropriated, out of any moneys in the 
 Treasury not otherwise appropirated, the sum of one hundred and twenty thousand 
 dollars, the same to be paid to the bishop of Porto Rico, as the representative (and trus- 
 tee) of the Roman Catholic Church in that island, to be used exclusively for the benefit 
 of the Roman Catholic Church in Porto Rico; and that the acceptance of said sum, paid 
 under the provisions of this act, shall be in full satisfaction of all claims, of every nature 
 whatsoever relative to the properties claimed by the Roman Catholic Church in Porto 
 Rico, which are now in the possession of the United States, to wit: Thebuilding known 
 as the Santo Domingo Barracks and the land pertaining thereto, and the site and build- 
 ing formerly known as the Ballaja Barracks, now known as the Infantry Barracks, both 
 properties in .the city of San Juan, Porto Rico; the Roman Catholic Church to relin- 
 quish all rights and actions regarding said properties, and the said properties to belong 
 exclusively to the United States: Provided further , That upon the acceptance of this 
 sum the Roman Catholic Church shall relinquish all claims of any kind whatsoever 
 against the United States, arising in Porto Rico prior to the approval of this act. 
 
 <S: 
 ►■»!_ 
 01 = 
 
 00 1 
 
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 si 
 
 Treasury Department of Porto Rico, 
 
 Bureau of Property Taxes, 
 San Juan, P. R., April 28, 1908. 
 Sir: I have the honor of inclosing herewith plan and assessment of the property 
 known as the " Convent of Santo Domingo, "the assessed value of which is as follows : 
 
 Site $43, 710 
 
 Building 7 • 57, 000 
 
 Total 100, 710 
 
 Respectfully submitted. 
 
 Chief Bureau of Property Taxes. 
 Treasurer of Porto Rico, 
 
 San Juan, P.P. 
 
 Treasury Department of Porto Rico, 
 
 Bureau of Property Taxes, 
 San Juan, P. R., April 28, 1908. 
 Sir: I have the honor of inclosing plan and assessment of the site occupied by the 
 edifice known as "Ballaja Barracks," the assessment of which is $82,110. 
 Respectfully submitted. 
 
 Treasurer of Porto Rico, 
 
 San Juan, P. R. 
 
 Chief Bureau of Property Taxes. 
 
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LIBRARY OF CONGRES ,m, 
 
 015 814 663