New-York tribune., 1873-05-21
all the South are made fragrant and beautiful
with the blossoms of tender and affection
ate remembrance.
TILE DE ROJAS CASE.

TO the rights of an emigrant previous 10 tne
completion of his naturalization, but 1t settles
no principle, and marks no step OF progress IN
that inyeterate discussion. The case briefly
stated is this: Before the Spanish American
Claims Commission came Mr.. de RoJas claim
ing indemnity from Spain for wrongs and IN
jurics committed against his property In Oupa.
The advocate for Spain took the position that
the jurisdiction of the Commission was strictiy
limited by the agreement between SPAN anu
the United States which created IT, Inis
agreement, dated Feb. 12, 1871, provides ior
" the settlement of the claims OF cltlzens Vi
the United States or their heirs" for injuries
committed by the Spanish authorities De
Rojas does not claim as citizen lie
describes himself as a native of San Juan
de los Remedies, in the Island OF CuDa'
and resident of Baltimore. lie states that
he has acquired a domicile in the United
States, under declaration solemnly made OF
his intention to become a citizen OF the Uhiteu
States. This declaration was only MADE on
the 28th of September 1870 and this sinchoate cti-
zenship has of course not been perfected. Inc
advocate for Spain therefore claimed that the
memorialist de Rojas, not having shown that
he was q citizen of the United States nor the
heir of such citizen, had no status before the
Commission. The strongest argument used 10
sustain this view was that if Senor de RoJas
had been suing as q Spanish citizen, this dec
laration of intonton would not have excluded
his claim from consideration. This point mas
been expressly passed upon by the " MlAed
Commission on British and American
| "Claimsn framed under the treaty OF May 8,
| 1871. These Commissioners say expressly that
Notwithstanding this declaration of intention
of certain claimants they still remained
British subjects, until, the necessary formal
" tiles having been completed, they acted
"upon the intention thus expressed"
The advocate for the United States and the
counsel for the claimant replied to the de-
murrer of the Spanish advocate with the well
known argument, which may be called the
American position, that the establishment OF a
dOmcile in the United States, and dcclara-
| ton of intention TO become a citizen, put an
| end TO his former allegiance, and made him,
to all international intents and purpose an
American citizen-his political and civil priv
ileges in this country not being matter con-
cernng which it entered into the province of
the Commission to inquire. OF course, it was
|
view the famous case of Martin KOszta, whom
we took by force from the Austrian authon-
ties in the harbOr of Smyrna, while In this
same state of undeveloped citizenship. 1t was
brought forward with great prominence IN the
argument of our counsel, and the strong s'ate-
ment of Secretary Marcy was evidently relied
upon as if 1t were a judicial decision. In
conclusion it was claimed that persons
| domiced in the United States who
had declared their intentions of becOm-
ing citizens were " citizens" according
to the true construction of the agreement OF
February 12, 1871, and that Perfecto de Rojas,
ns smch citizen is entitled to claim the removal
of the embargo upon his property. upon this
claim the arbitrators were divided Senor Po-
testad on the part of Spain, sustaining the
demurrer and Judge Otto, on the part of the
United States, voting to override it. The case
went to the Umpire, who, by one of those
ironical arrangements by which the whirligig
| of Time brings round his revenges, was Baron
| Lederer, Minister of Austria at Washington.
He decided against the claim of Rojas, and
| reflected, perhaps with some natural human
satisfaction, that the perturbed spirit of Cheva-
| ier Hiilsemann, who never recovered during
his life from that bout with our State Depart
ment might derive some comfort from this
squaring of accounts.
| The decision establishes no principle in this
vexed question. 1t is only binding in this
| especial case, and will serve as precedent
merely in similar cases which are to come be-
fore the same Commission. Our own practice
in this matter has not been quite consistent.
During our war, the various foreign legations
in WashinptOn steadily defended those of their
compatriots who having declared their inten-
ton to become citizens changed their minds
when the draft became imminent, and sought
the protection of the flags they had renounced
The question still remains an open One-the
demand of the United States in relation to it
not being conceded by the rest of the world 1t
is matter for serious consideration whetheritis
judiciOus for our Government to continue the
assertion of claim which throws upon us the
responsibility of protecting class of perma-
nent OF transtory residents, upon whom we can
make no reciprocal demand for civic services.
At all events the Government should adopt
some consistent rule in the treatment of the
matter Europe is full of these embryonic
citizens who may have lived in New-York
few months or few years, and who rely upon
their first papers, to protect them in every
time of trouble. American legations are, we
believe, instructed to issue no passports to
such persons-but every one of them carries
in his wallet the possibility of diplomatic dis
turbance, or even war;
SIGNAL SERVICE.
We have at intervals recorded the steps
taken by the Signal Service Bureau toward