The Washington times., 1903-12-21
M'KINLEY'S OPINION
GUIDES COMMISSION
Chandler Tells Of Spanish
Treaty Claims.
DETERMINATION, NOT WAR
Weyler's Reconcentrado Policy in Cuba
Held Responsible and Demands
Allowed.

The legal difference between war and
determination and it's application to the
adjudication of claims before the Span
ish Treaty Claims Commission has been
declared in a review of the findings Of
this tribunal as to what class of claims
the United States. under the Treaty OF
Paris. is responsible for. William +.
Chandler. president of the commission,
makes the statement that the conclu-
sicns reached by the commission as to
claims growing out Of Weyler's recon
centrado" policy in Cuba were greatly
influenced by President McKinley's
declaration in his message to Congress
that RECOMMENDATION was not civilized
war. but determination" This, Mr..
Chandler says, laid down new princi-
pie of international law, which the
United States is bound for the future to
Limit of Damages.
In discussing the limitations which
should be put upon damages inflicted by
| recommendation, Mr.. Chandler says that
" hile # was a recognized rule OF war,
vet neutral foreigners should have such
| reasonable protection as the peculiar
| cir cumstapces Of each case would per-
NIT. -,
RESPONSIBLE military officers must not
unnecessarily or wantonly destroy thelr
property. and so far as he military
ex;gency would permit foreigners re-
,,,o,,ed or concentrated should have food
and shelter be guarded from sl0khess
and death and from cruelty and HARD
shin these restrictions being sustained
nv the principle that no damages should
he inflicted where no military end was
thereby served 1t seemed reasonable
therefore. to allow any claimant 10
prove before the commission that the
acts of war from which he suffered Were
iHegitimate and contrary 10 the rules
and usages of international warfare
Continuing. President Chandler says:
Mckinley Well Posted.
president Mckinley had been a SOL
der i'm the Union army. and, of course
was familiar with Sherman's march &c
Atlanta and the sea. and his devastation
Of the homes of the people of the South
and with Sheridan's concentration OF
expulsion of the residents OF the Shen'
andoah Valley and such devastation OF
that region that as ne said. crow ny
ing over it would have TO carry Its ra
tons: but the President had not theI
seen and probably did not anticipate th'
concentration and devastation by United
| lESOpS hAANNA NNAAN4 - --'- - -
Philippines.
Possibly II he had supposed that. IL
addition to arousing national indignation
in order to bring on war with Spain 70
the freedom of Cuba. he was announcing
a new principle OF international law
and making a finding OF facts happen
ing in war which should be conclusive
and binding upon United States courts
In all future time, he would have with
held or moderated the sOul-stirring Ut
terances with which he aided to brini
on a great war for the freedom and in
dependence OF a new nation.
Differences Noted.
Undoubtedly there was difference be
tween the devastation Of Sherman
Sheridan and Bell, and that of Weylef
in this. certainly. that in the forme
cases the inhabitants driven from thei
homes had broader fields to go TO thai
: could be found in the island Of Cuba
Doubtless before an international tri
e bunal. adjudicating claims OF neutra
e foreigners. Spain might have been he'll
. to a heavier responsibility for tn
a severer methods OF Weyler than coul
: have been the United States for tn
methods OF her generals.
But that this commission In admins
. tering international law is forbidden b
the zeal and earnestness of Preslden
: Mckinley from ascertaining the tru
> modern rule OF international law an
> applying it TO the facts as they ma
u appear or be shown and must invoIv
i Spain and the United States in on
common condemnation by a Judgmen
:, that RECOMMENDATION was rot civilize
I war, but was determination. is not
. rational conclusion