Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-03-06
SAILOR HAS NO CLAIM
HIS INJURIES MERGED IN THE
NATNoNAL INJURY.
Decision by Spanish Treaty Claims
Commission Regarding the De-
struction Of tlfe Maine.

The Spanish treaty claims commission
today handed down / decision against the
claimants for death and injuries received
by officers and seamen in the wreck of the
battle ship Maine inf HAVANA harbor.
The decision is rendered in the case of
Harry s. Mccain and will be great dis
appointment to many claimants. There
have been filed with the commission claims
aggregating about 100000 growing out
of the destruction Of the Maine, and the
total would probably have reached S. OOO,-
600 had the decision been favorable to the
claimants. The decision was as follows:
individual claims of citizens of one ma
ton may arise against the government of
another nation for redress of injuries to
persons or property which such citizens
may have sustained from such government
or any of its agents.
But such individual claims do not arise
in favor OF the officers and seamen of a
ship Of war who receive, in the line of
duty, injuries to their persons for which
foreign government is responsible. The
claim against the foreign government is
wholly national, and all injuries to such
officers and seamen are merged in the ma
tional injury, and they can look only to
their own government for such remunera-
ton as it may choose to give to them.
"A seaman injured by the explosion
which destroyed the battle ship Maine In
the harbor of Havana, Cuba, on February
Spain. even II that government was re-
sponsible to the United States for the ex-
pioSlon, and therefore such q seaman Is
not entitled to an award in his favor from
the Spanish treaty claims commission, or
ganized by the act of Congress Of March 2,
1901. to adjudicate all individual claims Of
citizens Of the United States against Spain
which the United States released to Spain
and agreed to pay by the treaty Of peace
of December 10, 1885,
ice
Commissioner Chambers filed dissenting
opinion. He held that the damage result
ing from the destruction of the Maine may
be divided into two distinct parts The dam
age done to the nation, including the in
dignity sustained, and the damage done to
the individual. eff no war had ensued,"
said Judge Chambers, IF no treaty Of
peace had been made. the government Of
the United States would have owed it, as a
plain duty under international law, to the
survivors Of that disaster, or to the fami-
lies or such as were dead. the collection
from the government Of Spain of reasona-
BILE compensation for such injuries inflicted
in time of peace in the waters of friend
ly state"
The commissioner laid down the follow
Ing propositions: "A sailor neither fOrfeits
nor valves any of his individual rights as
q citizen, except such as conflict with the
loyal, effective discharge Of his duties as a
sdHOT tildt lie assumes no T1SRS tnat result
from forces wrOngfully put in operation
by the culpable negligence acts Of
foreign government; rthaUhe has the same
right any other citizen has to claim indem-
nifty for wrongs done by, foreign govern
ments in time of peace"
commissioner Chambers, cited a number
or cases bearing upon the question at issue,
among them that of-the attack on the sail
ors of the Baltimore at Valparaiso, Chile.
Speaking of President Harrison's message
to Congress on the subject, he says
"All through the discussion, bringing to
bear upon its many phases the great store
of legal wisdom which made him conspicu-
Gus among many Presidents noted for legal
ability, he keeps plainly in view the purely
national demand for insult to the uniform
the Individual The collection and
payment of the indemnity to the injured
SailOrSh or their PERSONAL representatives,
exactly as the government has so often
done in other instances for private citizens
is a natural sequence Of President Harri-
sons reasoning"
The commissioner remarks: LAS matter
of fact as we'll as of law the $4,000 was
paid by the government Of Chile to our gov
eminent for distribution among the fami-
lies of the two men killed and those who
received personal injuries In the attack "
Commissioner Chambers says that If the
City of Washington, lying near the Maine
at Havana had been blown up and its
sailors killed. this commission would pre-
sent to the people of the United States and
of the civilized world the anomalous aspect
Of investigating for the purpose of adjudi-
eating, according to the merits of the sew
eral cases and the principles OF equity and
Of international law, the claims Of all these
private citizens who were injured or killed
upon the merchant ship. while the claims
Of the equally unfortunate sailor citizens,
whose injuries were received or whose lives
were sacrificed while in the line of duty at
the same instant Of time on the battleship
Maine are denied hearing. To my mind
no principle of law, divine or human. inter-
national or municipal, recognizes or could