The evening times., 1896-02-22
REe06NITIOh MADE IIST
Surprising Disclosures in the
.Cuban Correspondence.
AMERICAN PROPERTY RIGHT
NO Damages Recoverable From the
United States Decline to Grant the
Cuba MS Beliigerency-Stron OBJ
stacle to Recognition Removed.

The Cuban correspondence, which in
printed form reached Congress yesterday,
contains some interesting discussion in
| regard to the protection OF the property
| OF American citizens in Cuba. The Soledad
sugar plantation, near the city OF Cienfue-
| gos, is owned by Mr.. Edwin F. A tkins OF
| Boston, Mass. In the latter part of June
last,> the insurgent forces being active in
| the ncighborhood, Martinez Campos direct
| cd Gen. Ardcrius to send squad OF sol
| diers to the plantation and to throw up
defensive works In the neighborhood OF
| the sugar house.
But the manager of the plantation. appar-
entity fearful that this course. IL permitted
by him, would bring down upon him re-
prisais on the part OF the insurgents, re-
fused either to receive the soldiers or TO as
sist in the preparations Of the defensive
works, informing the Spanish general that
| as the plantation was the property OF an
American citizen, ne proposed To observe "a
perfect neutrality between the Spanish gov
ernment and the insurgents.
CAMPOS COMPLAINED.
This action on the part OF the manager
was complained OF by Gen. Martinez Campos
as implying Il recognition OF the insurgents
and the whole matter. as well as similar
complaints from other American land
owners near Sancti Spiritus. was referred
to the State Department by Acting Consul
General Springer of Havana. Replying to
him. Acting Secretary OF State uhl on
July last, laid down the law. as follows:
1T is a generally accepted principle OF
International law that sovereign govern
mept is not ordinarily responsible To alien
residents for injuries that they may re-
ceive within its territories from insurgents
whose conduct it cannot control. Withinthe
limits OF usual effective control law-abid-
ing residents have 4 right to he protected
in the ordinary affairs of life and inter
course, subject, OF course. to military ne
cessities. should their property he situated
within the Zoue of active operations.
THE Spanish authorities are reported to
be making strenuous endeavorS TO prevent
the class of spolations which the writers
appreheGd. and Notification of any partc-
uiarly apprehended danger from the insurg-
ents would probably be followed by the
adoptionof fspccialsafeguardsb by theauthor-
itics. In the event, however. of injury. n
claim would necessarily have to he founded
upon averment and reasona Die proof that
the responsible officers OF the Spanish gov
crnment. being in a position to prevent
such in iurv. have failed to use due diligence
to do so.''
MEMBERS OF CONGRESS SURPRISED.
This statement, which was subsequently
repeated by Acting secretary Auee- thohSn
in entire accord with the uniform practice
of the Department, was read with express
sions OF surprise yesterday by members of
the House Committee on Foreign Affairs.
Several members OF the committee declared
without reserve that this position of the
State Department virtually gave the Ameri-
can case away SO far as our ability to re-
cover DANA ges from the Spanish government
is concerned in the event that the United
States should decline to recognize the
Cuban belligerenCy.
One OF the strong influences against such
recognition has been the belief that it
would present an effective bar 10 claims
a gainst the Spanish government for inju-
ries received by American citizens in Cuba.
According to the foregoing Interpretation
of the department, such claims cannot be
collected under any ordinary circumstances.
and thus, in the opinion of Influential mem-
bers OF the House. great obstacle 10 Cuban
recognition is removed.