Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1896-02-27
THE MAIN OBSTACLE

70 the Recognition Of Cuban Benigerencey
Removed by the State Department
American Citizens Could Not, In Any
Event, Recover From Spain for Damages
to Their Property by the War on tho L.
land of Cuba.
WASHINGTON. Feb. 22.-The Cuban
correspondence which, in printed form.
reached congress Thursday, contains
some interesting discussion in regard
to the protection of the property OF
American citizens in Cuba. The Sole.
dad sugar plantation, near the city OF
Cienfuegos, is owned by Mr.. Edwin e.
Atkins, of Boston, Mass. In the latter
part of June last the insurgent forces,
being active in the neighborhood,
Martinez Campos directed Gen.
Arderius to send a squad ct
soldiers to the plantation and to
throw up defensive works in the
neighborhood of the sugar house.
But the manager of the plantation, APP
parently fearful that this course, if
permitted by him, would bring down
upon him reprisals on the part of the
insurgents, refused either to receive
the soldiers or to assist in the prepare
tions of the defensive works, inform
ing the Spanish general that as the
plantation was the property of an
American citizen be proposed to ok
serve a perfect neutrality between the
Spanish government and the insur-
gents This action on the part of the
manager was complained of by
Gen. Campos as implying rec
ignition of the insurgents, and
the whole matter as well as similar
complaints from other American land
owners near Sancti Spiritus was re-
ferred to the state department by Act
ing Consul-General Springer at Havana.
Replying to him, Acting Secretary of
State Uhl, on the LIST of July last, laid
down the law as follows:
SIT is generally accepted principle
of international law that a sovereign
government is not ordinarily respon-
sible to alien residents for injuries
that they may receive within it's
territories from insurgents whose con-
duct it can not control. Within the
limits of usual effective control, law
abiding residents have a right to be
protected in the ordinary affairs of life
and intercourse, subject, of course, to
military necessities, should their prop
-
tive operations. The Spanish authori-
ties are reported to be using strenuous
endeavors to prevent the class of spolia-
tons which the writer's apprehend,
and notification of any particularly
apprehended danger from the in
surgents would probably be fol-
lowed by the adoption of special
| safeguards by the authorities. In
the event, however, of injury, a
| claim would necessarily have to be
founded upon averment and reasona-
BILE proof that the responsible officers
of the Spanish government being in a
position to prevent such injury have
| failed to use due diligence to do So"
| This statement, which was subse-
| quently repeated by Acting Secretary
Adee. though in entire accord with the
Uniform practice of the department,
was read with expressions of surprise
Thursday by members of the house
committee on foreign affairs. Several
members of that committee de-
clared, without reserve, that this
position of the state department
virtually gave the American case
| away, so far as our ability to recover
damages ITO" INC Spanish government
is concerned, in the event that the
United States should decline to rec
ognize Cuban belligerency. One of
the strong influences against such
| recognition has been the belief
that it would present an eff
fective bar to claims against the
Spanish government for injuries re-
ceived by American citizens in Cuba.
According to the foregoing interpreta-
ton of the department, such claims
can not be collected under any ordi-
nary circumstances, and thus, in the
opinion of influential members of the
house, a great obstacle to Cuban recog'
milton is removed.