Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-09-19

THE BASIS OF THE SPANISH cLAIM AND GER
MANY'S REPLY THERErO.
From the London Times of August 25th


THE BASIS OF THE SPANISH CLAIM AND GER
AANYs REPLY THERETO.
from the London Times Of August 25th.
IN august 10Th there appeared in the Cb4re-
spondencid Of Madrid an article on the Carolines
ana which based the claims of Spain to the
Islands In question on four separate titles, viz:
First, In the year 1888 Spanish navigator dis
covered an island. to which he gave the name
OF Carolina. Secondly, in the period between
LILO and 1873 the Jesuits Of Manila made
several unsuccessful expeditions and unfortu-
caroline isands-these endeavors having been
mnrdssrssd gwen t up when Spanish priest was
1rated bull, by which he partitioned the New
world between Spain and Portugal, Pope Alex
Snoer VI allotted the Caroline islands to the
these islands in 1856 no one has contested the
claim of the Spaniards to the Carolines, as their
iegitimate property.
NJ 10 'nese assertions Germany replied IN the
4 NUrn German Gazette of August oath, with the
looWlng facts: First, the simple fact of the dis
Paton does not constitute title to that island.
secondly, a series of unsuccessful attempts by
religious order to evangelize a heather race,
ana the circumstance that these endeavors.
were wound up with the murder of a mission
ary confer no legal title to possession OF the re-
eye of written or traditional law, and prove, on
rne contrary, that any Intended occupation was
in 1908 before the discovery s Of the caroines,
and the partition of the new world between
Spain and Portugal as decreed by him has no
binding force. If the bull referred to by the
Gorrespondencia were in force there would be 20
English, Dutch, French German colonies at
all, and Spain and Portugal might sweep every
Otner nation OFF the sea. FOurthly, the only
known attempt of Spain to claim the Caroline
Islands as Spanish property was rebutted by
England and Germany in the year 1875 by
means of simultaneous notes.
Ana then the North German Gazette gave the
text OF the German protest in question, dated
March 4, 1878, which was communicated to
the government of Madrid by Count HatZfeldt
and of which the substance was likewise con-
veyed in the concluding sentence from the
English note presented by MIR. Layard, as fol-
lows: Her majestys government do not admit
the right claimed by Spain over the Caroline or
PeleW islands, over which she has never exer-
c1Sed and does not now exercise any actual do
the Norddeutche Zeitung, (which has been
passed over by Spanish press in characteristic
silence, the Spanish government has during ten
years made no remOnstrance." The attention
of the imperial government was first seriously
drawn to the subject, appears from Count
Hatzfeldts note, by the fact that the Spanish
man trading vessel bound for the Caroline and
PeieW islands, claimed for his government SOW
erelg nty and power to levy customs there.
"But, according to the general principles of
modern international law the imperial govern
ment would not be able to recognize these
alleged rights in SO far they are not sane
TONED by treaty or appear to have been de facto
exercised"
Inc German note then proceeded TO state that
merchant vessels of all nations had always'en
jOyed free access to the islands which, on the
0ther hand, had never been visited by any but
English ships of war, and that they bore no
actual trace OF the presence of Spanish govern
ment officials. For these reasons, therefore, the
imperial government could not recognize the
claims advanced by the Spanish consul at Hong
hong, and 1T expressed the hope that the gov
eminent OF Madrid would instruct all its Off
GERS concerned not to obstruct in any way the
Tree intercourse of German ships and subjects
WIN ana on the island groups in question.