Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-28
PROPERTY OF NEUTRALS
HOW FAR 1T SHOULD BE PRO-
TECTED IN WAR.
Principles That Govern the Course Of
Action of the Spanish Treaty
Claims Commission.

Inc spanish treaty CLAIMS COuliHlSSioH
has transmitted to the Senate in response
to a resolution of that body en- announce
r:ent OF the principles governing its course
of action in interpreting article VII of the
treaty of Paris. The statement is embod-
led in eleven propositions. Six of them
were stated November "a, 1902. the others
are now announced for the first time.
Each of the eleven propositions was s'is-
tanned by a majority of the commissioners.
two were concurred in by all. Following
are the propositions, now announced for tbs
first time:
LAS this commission has been directed
by Congress to ascertain and apply the
principles of international law in the adj
judication Of claims OF neutral foreigners
for injuries to their persons and property
caused by a parent state while engaged IN
subduing by war an irsurrection which had
passed beyond Its control 1t cannot faii. IN
determining what are and what arc not
legitimate war measures. to impose upon
the parent state such limitations as the
consensus Of nations at the present DAY
recognizes as restricting the exercise OF
the right to remove all the Inhabitants OF
q designated territory and concentrate them
in towns and military camps and to com,
NIT to decay ard ruin the abandoned real
and personal property or destroy sueh
property and devastate such region.
Adopting therefore, wide and liberal
Interpretation Of the principle that the &C.
struction Of priperty In war where no hill
tary end Is served is illegitimate. and that
there must be cases in which devastation
Is not permitted. it should be said that
whenever Recommendation, destruction OF
devastation Is resOrted to as means OF
suppressing an instruction beyond control
the parent state Is bound to give the prop
erty Of neutral foreigners such reasonable
protection as the particular circumstances
of each case will permit. It must abstain
from any unnecessary and wanton de-
struction Of their property by It's RESPONSE
BILE military officers. When such neutral
foreigners are included in the removal or
concentration Of Inhabitants the govern
ment so removing or concentrating them
must provide for them food and shelter.
guard them from sickness and death and
protect them from cruelty and hardship
to the extent which the military exigency
will permit. And finally. as to both prop
erty and persons. 1t may be stated that the
parent state Is bound to prevent any dis
elimination In the execution Of concentra-
ton and devastation orders against any
class Of neutral foreigners in favor Of any
other class or In favor of its own citizens
Subject TO the foregoing limitations and
restrictions, 1t Is undoubtedly the general
rule of international law that concentra-
ton and devastation are legitimate war
measures. To that rule aliens as well as
subjects must submit and suffer the for
tunes of war The property of alien resi-
dents. like that of natives Of the country.
when in the track of war is subject to
wars casualties, and whatever in front OF
the advancing forces either tmpedes them
or might give them aid when appropria ted.
or If left unmolested in their rear might
afford aid and comfort to the enemy may
be taken or destroyed by the armies of
either of the belligerents; and no liability
whatever is understood to attach to the
government of the country whose flag that
army bears and whose battles 1t may be
fighting
eff in any particular case before this
commission it is averred and proved that
Spain has not fulfilled her obligations as
above defined she will be held liable in that
case.
LAS to the first clause of article of the
said treaty. wherein it is agreed that the
subjects and citizens of each nation. their
vessels or effects shall not be liable to any
embargo or detention on the part Of the
other for any military expedition other
public or private purpose whatever. the
clause was originally intended to embrace
real estate and personal property on land
as well vessels and their cargoes, the
same has been so construed by the Unl ted
States, and this construction has been con-
Cured in by Spain; and therefore the COM
mission will adhere to such construction in
making its decisions
But neither this particular clause nor
any other provision of the treaty of 1895
will be so applied as to render either nation,
while endeavoring to suppress an insurrec-
ton which has gone beyond its control,
liable for damages done to the persons or
property of the citizens of the other nation
when found in the track of war or for dam
ages resulting from military movements I'M
less the same were unnecessarily and
wantonly inflicted"