Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-14

of such naturalization. After that prob
lem was solved the question renamed as
to the liability of Spain, in the particular
case, by reason of breach on her part
of the law of nations.
In order to obtain the data OF fact
necessary for the solution of endless con-
troversies involved in more than QUO
cases it was necessary to take an almost
unprecedented mass of testimony in Cuba
and at Madrid.
Rules Adopted by Commission.
That part of the work of the commits
sion in it's relation to the future which
is the most interesting and imp ortant was
that involved in the statement Of the
eleven rules, drafted after prolonged de-
bate, in which were announced the pr1n-
ciples of international law to be observed
in the solution of every case, after the
particular facts had been ascertalned.
Chief among those rules were those that
declared:
a. THAT the sole question before
the commission is that of the primary
liability Of Spain, which is not In any
way enlarged by the agreement OF the
United States to adjudicate and pay such
claims
CID THAT a state Of war never existed
in Cuba in the international sense which
exempted the parent government from
liability to foreigners for acts Of the In
surgents:" but
1II) That where an armed insured
ton has gone beyond the control of the
parent government the general rule Is
that such government is not responsible
for dam ages done to foreigners by the
insurgents"
GV.) That the commission will take jul
dicial notice that the insurrection IN Cuba
passed, from the first, beyond the con-
troll of Spain. and so continued until
such intervention and war took place,
but that ''if, however, it be alleged and
proved in any particular case that the
Spanish authorities, by the exercise of
due diligence, might have prevented the
damage done. Spain will be held liable
in that case.
", VI. VII and vIII) That subject to
certain limitations, lit is undoubtedly
the general rule Of international law
that concentration and devastation are
legitimate war measures; (Which limi-
tons are expounded).
and the protocol of 1877 were in full force
and effect during the instruction in
Cuba, and will be applied in deciding
cases properly falling within their pro-
Visions: but
(XIo That no provision of the treaty
Of 1895 will be so applied as to render
either nation while endeavoring to sup
press an instruction which has gone be-
yond 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 damages resulting
from military movements, unless the
same were unnecessarily and wantonly
inflicted"
These rules, formulated after great
study and reflection, and after prolonged
arguments by some Of the greatest pub
licists of the United States. represent
real contribution to the international law
of the world 1t may indeed be said
that they have been commissioned by at
least two of the most eminent publicists
of the old world.
Never before were such concrete def
nitions given on so large scale to the
principles Of liability that arise against
parent state after an insurrection has
passed beyond its control.
Dissenting Opinions.
The opinions Of the commissioners are
published in a blue book Of 2O4 pages
Senate document, No. %. Fifty-eighth
Congress, second SESSION., which first
gives the eleven announcements of prin-
ciples made by Messrs. Chandler, Wood
and Diekema, and then the dissenting
opinions of Messrs. Maury and Cham
berS.
Commissioner Maury took the ground
that Spain admitted her liability for all
injuries and losses of the United States
citizens. and ceded her insular pos
sessions to meet that liability; that
the United States holds the possessions
in trust for the injured citizens, and
has no right to make defense against
any of them. on the ground that Spain
was not bound by International law or
treaty to pay them Mr.. Maury was IN
favor of paying all the claims.
Commissioner Chambers sustained. in
theory. the views of the majority of the
commits ion, but held that in every case
Spain must be presumed to be liable, and
that the United States must prove at
firmatively and specially in every case
that she was not liable.
The majority Of the commission, Messrs.
Chandler, Wood and Diekema, quoted the
statute under which they were acting.
which declared that the claims should be
adjudicated upon answers or demands, &C
cording to the principles of equity and
international law. and that the claimants
must prove their facts as in all similar
arbitrations.
Nature of Claims Passed On.
The bulk of the claims which have been
passed upon by the commission, and SO
generally disallowed, have been:
"a Claims for damage done to Amer
lean property by insurgents, which were
practically all rejected:
CD Claims for damage done by the
Spanish army, which were allowed on
those rare occasions where there was
willful and needless destruction, and
Cd Claims for property taken and not
destroyed. but. usefully appropriated by
the Spanish troops.
There have been some cases of a spe-
cial nature a few personal injury cases,
and the claims of the seamen Of the
battleship Maine. who were nearly all
killed-.by the explosion in Havana har-
Dor. February Is. 1893.
These Maine claims were not all