New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-22
AN OBSTACLE TO RECOGNITION REMOVED
ACCORDING TO A STATE DEPARTMENT RULING
AMERICAN CLAIMS AGAINST SPAIN CANNOT
BE COLLECTED UNDER ORDINARY
CIKCI 'MSTANCES.
VOKED OR MODIFIED?

BE UNDER OlD4NA@'i
CIRCUMSTANCES.
Washington. Feb 21-The Cuban correspondence
which in printed form reached Congress yesterday
contains an interesting discussion in regard to the
protection Of the property of American citizens IN
Cuba. The Soledad sugar plantation, near the City
OF Cienfuegos is owned by Edwin r AtKlhs' OF
Boston. In the latter part Of June, lS5 the IN
surgent forces being active in the neighborhood
Martinez Campos directed General Arderius 10 send
a squad of soldiers TO the Plantation ana TO throw
up defensive works in the neighborhood OF the
suCar-house Hut the manager of the plantation.
apparently fearful that this course, If permitted by
HIN, would bring down upon him reprlsals on lhe
part OF the insurgents refused either 10 receive the
soldiers TO assist in the preparation OF the de-
fensve works. informing the Spanish General that
as the plantation the property OF an American
citizen, he proposed 10 observe strict neutrality
between the Spanish Government and the insur-
gents This action the part Of the manager was
complained of by General Campos as Implying
recognition Of the insurgents. and the whole mat
ter as well as similar complaint from other Amer
lean landowners near sancu spritus. was referred
TO the State Department by Acting Consul-General
Springer Of Havana. Replying TO him, Acting Sec
rotary OF State Uhl, July l, laid down the law as
follows:
II is generally accepted principle Of international
law that a sovereign Government is not ordinarily
responsible to alien residents for injuries that tney
ay receive within rs territories from insurgents
OF usual effective control aW-abding residents nave
right TO be protected In the ordinary AFFAIRS OF NE
and intercourse, subject Of course. 10 military
necessities should their property be situated Wlhh
the zone OF active operations The Spanish au-
thOrties are reported be using strenuous en-
beavers to prevent the class OF sponatlons Which
the writer's apprehend. and notification or any
particularly apprehended danger from the lnsur-
gents would probably be followed by the adoption OF
special safeguards by the authorities. In the event
however Of injury. a claim would necessarily nave
20 be founded upon averment and reasonable PROOF
that the responsible officers OF the Spanish Govern
nent being in a position 10 prevent such INJURY,
have failed 10 use due diligence to do So
This statement, which subsequently repeated
BY Acting Secretary Adee. though in entire accord
with the uniform practice Of the Department. was
read with expressions Of surprise yesterday by
members Of the House Committee on Foreign Al,
fairs Several members OF that committee declared
without reserve that this position OF the state De
partment virtually gave the American case away
so far as ability 10 recover damages from the span
ISL Government is concerned. In the event that the
United States should decline 10 recognize Cuban
belligerency. One of the strong influences aSalhss
such recognition has been the belief that II you'd
present an effective bar to claims against the Span
ish Government for injuries received by American
citizens in Cuba. According 20 the foregoing inter
p-etation of the Department, such claims cannot be
collected under any ordinary circumstances ana
thus in the opinion OF influential members or the
House a great obstacle 10 Cuban recognition is re-
moved.