Mr. Adee to Mr.
Taylor.
Department of State,
Washington
,
July 5,
1895
.
No. 363.]
Sir: I transmit for your information and files
a copy of a dispatch from the vice-consul-general of the United States
at Havana, No. 2517, of the 19th ultimo, concerning the inquiry of three
Cuban landowners, American citizens, residents of Sancti Spiritus,
respecting the protection of their property from seizure or destruction
by insurgents. I add also a copy of the Department’s reply, No. 1098, of
the 1st instant, indicating the general principles applicable in such
cases.
I am, etc.,
Alvey A. Adee,
Acting Secretary.
[Page 1215]
[Inclosure 1 in No.
363.]
Mr. Springer to
Mr. Uhl.
Consulate-General, of the United States,
Havana
,
June 19, 1895.
No. 2517.]
Sir: I have the honor to accompany herewith
copy of a letter addressed to this consulate-general by three Cuban
planters and landowners who are at the same time naturalized
citizens of the United States, resident in the district of Sancti
Spiritus of this island, inquiring as to what course of action they
must follow in case of threats being made to them by the insurgents
to destroy their property unless certain bounties are paid.
They state that they have learned that the insurgents have forbidden
the extraction of cattle from the farms, and fearing loss, ask if
they have the right to apply to the Spanish authorities for the
protection of their property, to conduct their cattle to the nearest
market, etc., and in case of refusal, under what circumstances and
in what form they can make protest for damages.
The parties desire to receive full information on this point from the
Department of State, to which I respectfully refer their letter.
I will add that Mr. Antonio M. Yznaga is a member of a well-known and
wealthy Cuban family, and that he has been registered as an American
citizen over twenty years. The other subscribers, Messrs. José
Rafael de los Reyes and Eduardo Alvarez Cerice, are brothers-in-law
to Mr. Yznaga, and acquired citizenship in 1890, and have since
resided in Sancti Spiritus.
A number of questions of the same tenor have been verbally made to
this office by naturalized citizens residing and holding property in
this island, and it is desirable to have the instructions of the
Department on the subject in order to give to such an authoritative
answer.
I am, etc.,
J. A. Springer,
Vice-Consul-General.
[Subinclosure.]
American citizens to
Mr. Williams.
Sancti Spiritus
,
June 13, 1895
.
Sir: We, the undersigned American citizens
and property holders in several municipal districts of this island,
having received intelligence that the insurgents have forbidden the
extraction of cattle from the farms; and, furthermore, seeing
through the newspapers the wanton destruction of property throughout
the island, with marked tendencies to anarchy, apply to you for
information on the following points, viz:
Have we the right to apply to the Spanish authorities for such forces
as would be required to safely conduct our cattle to the nearest
market?
Should the Spanish authorities deny our request, what shall we do? In
what form are we to protest, and under what circumstances can we
make good our claims to damages?
We furthermore understand that in certain cases the insurgents have
threatened to destroy property unless a certain bounty is paid. What
are we to do in case such a threat is made to us?
We would be thankful for full information, if possible, through the
Department of State, on these subjects, and with much respect,
etc.,
-
José Rafael Reyes y
Garcia.
-
Antonio M. Yznaga.
-
Eduardo Alvarez
Cerice,
[Page 1216]
[Inclosure 2 in No.
363.]
Mr. Uhl to Mr.
Springer.
Department of State,
Washington
,
July 1,
1895.
No. 1098.]
Sir: Your dispatch, No. 2517, of the 19th
instant, has been received. You therewith forward copy of a letter
received by you from three Cuban landowners, American citizens, and
residents of Sancti Spiritus, making inquiries concerning the
protection of their property from seizure or destruction by
insurgents. In particular the writers state that they have learned
that the insurgents have forbidden the removal of cattle from the
farms, and ask if they have the right to apply to the Spanish
authorities for the protection of their property, in conducting
their cattle to the nearest market, and, in case of refusal, under
what circumstances and in what form they can make protest for
damages.
It is a generally accepted principle of international law that a
sovereign government is not ordinarily responsible to alien
residents for injuries that they may receive within its territories
from insurgents whose conduct it can not control. Within the limits
of usual effective control law-abiding residents have a right to be
protected in the ordinary affairs of life and intercourse, subject,
of course, to military necessities, should their property be
situated within the zone of active operations. The Spanish
authorities are reported to be using strenuous endeavors to prevent
the class of spoliations which the writers apprehend, and
notification of any particularly apprehended danger from the
insurgents would probably be followed by the adoption of special
safeguards by the authorities. In the event, however, of injury, a
claim would necessarily have to be founded upon averment and
reasonable proof that the responsible officers of the Spanish
Government, being in a position to prevent such injury, have failed
to use due diligence to do so.
It is impossible to give more precise instructions upon the
hypothetical case presented. Should injury be actually suffered, and
the facts be fully represented, this Department would be in a
position to determine its duty, if anything, in the premises.
I am, etc.,
Edwin F. Uhl,
Acting Secretary.
