Evening star., 1899-03-02
Form Of Instructions Prepared by the
State Department.
THIS GOVERNMENTS POSITION
Difference Between Insurgents
Acts in Cuba and Philippines.
A MEMORIAL REQUIRE D

the Indemnity issues that form a natural
sequence to our military operations and
campaigns make the policy of this govern
| ment on the subject of timely interest and
Importance. In a general way it may be
stated that so far none of the indemnity
claims reported as a result of the war APP
pear to have a substantial legal basis. All
will receive, however, the most careful con-
sideration. The State Department has pre-
pared form of instructions for the prepa
| ration of all such claims against foreign
governments not founded on contracts, in
| the prosecution of which the assistance of
the State Department is invoked.
The Governments Position.
The following sums up in a general way
the position this government takes in the
matter:
mo government in the absence of spe-
cial treaty stipulation insures the absolute
safety and security of the life and prop
erty of the subjects or citizens of foreign
states, as against injuries committed by
insurgents, mobs, private malefactors
within its own territory. Every govern
ment is bound to accord a reasonable de-
gree of protection to aliens, and to their
property within its jurisdiction against
such injuries: But If the authorities use
reasonable diligence to extend the protec-
ton of the law to all, it discharges its
primary duty. If the government is noti-
fled that such injury is threatened it is
its duty to guard against its inflction if ii
is able to do SO. The burden of proof in
such cases rests on the claimant to show
the exceptional circumstances that exist
! as the basis Of such liability, as for exam
pie that there has been a want of good
faith or of reasonable care in affording
protection. IN short, it must be shown that
the authorities are morally cuipable for the
injuries inflicted.
Fhe Cuban InSurrectiOn.
By the treaty of peace, this government
will pay such claims as arise subsequent
to the outbreak of the Cuban insurrection
as the Spanish would be internationally liza
bic to pay to American citizens. This La
bilty, of course, depends on the circum-
stances under which the injuries complain
ed of wera committed. The mere fact of
the commission of an injury by insurgents
does not OF itself create a liability, as
sganst Spain. The grounds of such a
| liability are well defined by international
law authorities. AS to the question of
liability for damages from the fire of our
forces or arising from operations of the
1nsu1 gents, it may be stated that, assum-
ing thft our troops Were aSsaled while
they We're keeping the truce entered into
with Spain, they would have the full right
of military defense. and injuries inflicted
under such circumstances are generally re-
sarded as among the ordinary casualties
of war. for which no legal right Of in
demnity lies.
In the Philippines.
The responsibility for the act of the in
surgents in the Philippines is plain for it
is pointed out that they have status;
they citizens neither of Spain of
| the United States have not had their bel
hgerency recognized and have not been
recognized in any way. The obligations of
this kind in Cuba, it is stated certainly
would be no greater than in the Philip
pines, If as much, that island being pro-
visionally in the nature of trust on the
part of the United States until the Gu
bans establish d stable government.
The injuries inflicted il Cuba during the
irsurrection may be classified as damages
'lticted by the insurgents and those by
] the Spanish authorities on American citi-
zcns and their property. The liability for
each class of injuries depends on different
but clearly defined principles of ntorna-
tional law as laid down by text writer's
AS to Porto Rico, the situation as to the
basis for claims would be analogous to the
Philippine Islands, so far as concerns acts
subsequent to the treaty of peace Spain
wing by the treaty ceded its sovereignty
to the United States, in both Porto Rico
and the Philippines.
A Form, for Claimants.
The State Department has issued form
for the preparation of claims against for
eign governments by citizens of this coun-
try invoking the aid of the State Depart
ment. These claims are limited to those
not founded en- contract, and the rules for
their preparation are substantially those
which have been adopted by commissions
organized under conventions between the
United States and foreign governments for
the adjustment of claims The same rules
apply to claims against this government by
citizens Of foreign powers. Each claimant
is required to file memorial, properly
dated, setting forth minutely and particu-
iarly the facts and circumstances from
which the right to prefer such claims is
derived by the claimant. This memorial
should be verified by oath or aftifma-
ton. 1t is proper that claimants should
request in express terms the interposition
of the government with the foreign govern
jurisdiction Of q future commission on the
ground of the generality of the clain.
Policies of Insurance.
Claimants are instructed that in all cases
whore property of any description for the
seizure or loss of which q claim has been
presented to show whether the property
was insured at the time of such seizure
loss.
The original policy of insurance or a GER
titled copy should be produced: documen-
tary proof should be authenticated by
proper certificates or by the oath of a wit
ness, and all testimony taken in any for
eigm language exhibited in proof should be
accompanied by an English translation
Dispositions taken in any city, port or
place without the limits Of the United
Sta les may be taken before a consul or
other public civil officer of the United
States resident at such points, having no
interest in the claims.
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To Regain Their Estate.