The Washington times., 1902-06-04
GOVERNMENTS REPLY
IN WAR CLAIM CASES

her read from the Congressional Rec
ord" to show that a state Of war actual
ly existed n Cuba. The proceedings OF
Congress showed that = resolution in
-IoGu'cd IN The Senate ana subsequent
" approved ty hCtG houses Of Con
gTcss, during APRIL. 1895, recognized the
existence Of state of war in CGca.
ard that cn tbs question 315 Senators
and Representative voted in The affirm
i'ivv and Jwcu,y-siN in tho negative. In
view Of these conditions sir. Taylor as
serted that any proposition DENYING the
existence cf state cf war in Cub dur
.ES Certair Months whon some of the
damages now sought 10 hc collected were
suffered by the petitioners. amounts
practically q a fraud IN his opiiion; and
mere especially So. IL it Is denied that
cgla at that tifre was DC f-cto govern
mcnt.
The Definition CT wa-.
Mr. TAYLOR rrcroundcd definition cf
international law so bread and compre-
honsiye in its scope ;hat discussion he
came general for few moments. and
members Of the Commission joined. This
principle practically eliminated the IN
diyiJual altogether. so far as tho con
sideration OF the .eTm var is concern
ID. II d,alt sclcly Win the family Of
nations. M-. rlor ccaten4,d that no
individual or even corporation could
make war on aroJacr ike Iers.n or cor
p0iation because the word war has
ls:own to mean Tie armed conflict Of
nations. Governments can made war on
each other. but the term, Nr. Taylor
asserts. has grown too broad FOR general
use ! d smaller sense. War" s@in Mr.
Taylor, is physical condition. based
u9on vast possibilities; Il does not nee
essarily have to be declared by leg:sla-
Tie or executive power; for it may OK
list hy the very forces which so 10 make
Up It's conflicts and innumerable incl
dents
By citing the fact that 100000 Spanish
troops wee landed in Ca5a, and that
nearly 50.GoG insurgents were opposed to
them. Mr.. Taylor further sought to
DrinE out the vast possibilities of the
conflict between Spain and heT former
c Tony. ror a moment the speaker
dri-tcd. f-Cn his argument TO cite the
valor Of the Spanish forces in the field.
and he tola o. the statement OF a Ger
nan attache. formerly at Madrid. that
the Spanish troops IN Gu a. beset by
difficulties o. every sort. did as well as
any o. the trained soldiers oi Europe
could possibly have dsnc." This state
incnt. according to MT. Taylor. was
I.l-5e at mss meeting at Madrid
shortly a.taT hostil!ties in Cuba had
come 10 an end.
States Right to Recognition.
Down to the French revolution - said
Mr. Taylor, the idea o. all Europe was
that of states right 10 recognition;
and that such right depended largely
On the Legitimacy OF its origin. The con-
trary principle involved in the case
grew out Of the severance Of he English
colonies from their parent state, Great
Britain; and by this severance Europe
began 10 consider the great principles
brought about as to the status of the
new and Independent American States.
The breaking away Of CG1a from
Spanish rule" air. Taylor stated. be
gan February p. 1925. At that time a
sort Of constitution for the island was
brought forth, and this document Dc
clared the government responsible for
its debts contracted since the instru-
mcnt went into effect" MIR. TAYLOR said
ne was confident that neither Cuba nor
SPAN nor LEe tulteQ states. whose Ia
reference helped greatly TO bring abou;
the independence OF the island. could be
held respons; BE in any measure for
damages whichrcsulted wholly from op-
crations OF military bodies during
state of war. which existed for some
months in Cuba From February "a.
1895. NJ. Tgylor argued when the So
called constitution FIRST weat into effect
in Cuba. then unde- Spanish rule. Until
after the cl5sc OF hcstiliiies with the
mother country and the declaration OF
peace, Cuba was a belligerent state.
Since ii has come into independent ex-
istencc. by yir'ue Of the various phases
OF the struggle and final recognition OF
Spain.
Mr. Taylor closed his speech by read
ing authorities OF law in behalf o. the
contention that the commission should
De ycrne1 in It's decision in the cases
before il by the act o. Congress passed
subsequent to the enactment OF the
Treaty OF Paris. and bearing directly On
the whole subject o: claims and losses I
in Cuba during the war for indepcni-