The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-29
A QUESTION OF GRAVE POSI-
BILITIES.

Recent dispatches concerning war claims
by European nations against Cuba disclose
the possibility of grave complications. The
dispatches are vague, but suggestive of
trouble. They relate especially to Germany S
claim for damages to German subjects in
Cuba during the instruction and the war
between the United States and Spain. but il
is probable that other governments. espe-
cially the British, will make similar claims.
1t is a general rule of international law
that, in case Of the destruction. during war,
of property owned by foreigners the domi-
nant power of the country where the loss
occurs is responsible. whether it was caused
by government troops, insurgents or invad-
ers. Thus. as long Cuba was owned by
Spain, the latter power was responsible for
damages to the property of foreigners.
whether inflicted by Spanish troops, by the
Cubans or by Americans. But the surrender
and evacuation of Cuba by Spain intro
duced two new elements-first. the question
of the liability of the United States by rea-
son of establishing a temporary military
bility of Cuba itself when it shall gain in
dependence. AS far as American citizens
are concerned all claims for damages to
their property in Cuba during the war were
disposed of by Article of the treaty with
Spain. which says:
The United States and Spain mutually re-
linquish all claims for indemnity, national
and individual of every kind, of either gov
eminent. or of its citizens or subjects
against the other government, which may
have arisen since the beginning of the late
insurrection in Cuba. and prior to the ex-
change OF the ratification of the present
treaty. The United States will adjudicate
and settle the claims of it's citizens against
Spain relinquished in this article.
BY this provision the United States steps
into the place OF Spain and agrees to ad-
judicate and settle all war claims OF Ameri-
can citizens in Cuba against Spain This.
however, does not affect the subjects of
European powers vino shall have a right to
look somewhere for indemnity. AS Spain is
bankrupt even II liable for losses occur
ring during the war. they are likely to try
to hold the United States Liable. or Cuba,
when the island becomes independent As
the occupation or Cuba by the United
States is only for temporary and specific
purposes it would be absurd to expect us TO
assume liability for war losses for which
were In no way responsible. This leaves
the Cuban government as the last resource.
and no doubt that is where the European
claims will be filed. Then. if the Cuban
government repudiates them European
warships will be sent to enforce the claim
and the quality OF Cuban independence will
be brought 10 a test. The Monroe doctrine
has never been construed as preventing a
European power from compelling the pay
ment of an indemnity or debt by an Ameri-
can state by demonstration of force. and
probably would not i'm this case. but III
Cuba should appeal TO the United States for
protection II might become a question
whether we were not i'm honor bound 10
extend II. In that way Cuban annexation
may come sooner than any person now
imagines. Anyhow. the war claims question
is full of grave possibilities.