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with the freedom of contract, the law, per- has been obliged to remain in idleness and to taining as it does only to a certain set of em- suffer great pain, the duration of which is unployes, is objectionable on that ground. New certain; yet it is urged that because he was York has a similar statute in chapter 32 of the unable to give the notice prescribed by the General Laws, codified from chapter 415, charter of Port Chester, within a period of Laws of 1897. While it is true that upon the thirty days from the date of the accident, he is question of the right of legislatures to restrict to be denied the right of a judicial determinathe liberty of contract in lawful callings as to tion of the amount of his damages and a terms and hours of labor, the decisions of the remedy for the wrong he has suffered through courts of the different States are in conflict, it the negligence of the defendant. This is would seem to us that Judge Blodgett has clearly depriving the plaintiff of his property clearly the better of the argument.
right in his cause of action; it is denying to him the rights and privileges for which he, in
common with other members of the body The second Appellate Division of this State, politic, entered into a state of society, and in the case of Charles H. Williams against the which were intended to be preserved to him village of Port Chester, held to be unconstitu- by the provisions of sections 1 and 6 of article tional that section of the village charter which i of the Constitution, already quoted.” provides that no action for damages for injuries can be maintained against such corpo LEGAL ASPECT OF FILIPINO WAR CLAIMS. ration unless written notice of such claim shall have been presented within thirty days from Philippine war claims against the United States the time such injuries were received. The arise from various causes. The greater number are accident to Mr. Williams occurred on January from acts of the insurgents, as the burning of the 4, 1898. He did not serve notice on the vii- city of Iloilo and also the district of Tondo, and
general destruction of property, as a matter of mililage officers until forty-three days had passed, tary necessity, or as probably supposed by the and in his complaint he gave as a reason for his authors of the destruction in many instances, in furomission that he was confined to his bed and therance of the insurrection. “ unable to transact any business, and was by
The burning of Tondo may be taken as an illustrathe said acts of the defendant prevented from tion of the destruction of property on a large scale
by the insurgents with no apparent object in view, presenting to its president or treasurer within unless to cover an attack on the city of Manila or thirty days after the said 4th day of January a stir up the native population. Tondo is a district notice in writing with respect to said occur- of Manila, the most densely populated of the city. It rence.”
was destroyed by fire on the 21st and 22d of FebruJustice Woodward, who gives the opinion ary, 1899. The inhabitants were of the lower class,
strongly in sympathy with the insurgents. The of the court, reviews exhaustively the constitu- houses were mostly dwellings of the poor, constructed tional provisions that bear on the subject and of bamboo and nepa, of but little value separately, also goes back to Magna Charta and the though the aggregate of the loss must have been colonial laws of New York. After quoting
considerable, nearly the entire district having been that provision of the State Constitution which destroyed by the conflagration.
The Tondo fire occurred only seventeen days after says that no member of this State shall “be the beginning of hostilities between the insurgents deprived of life, liberty or property without and United States forces, the battle for the possession due process of law," and that “no member of of Manila having been fought on the fourth of Februthis State shall be disfranchised or deprived of ary. From the evidence submitted before the board
of claims, in certain cases, in which compensation any of the rights or privileges secured to any was asked of the government for losses sustained citizen thereof, unless by the law of the land
th gh the fire, it would seem that Tondo was fired or the judgment of his peers,” he continues: by natives; perhaps, with the design of exciting a “ The plaintiff in the present instance, accept- riot, and in the confusion looting the city or destroying the allegation of his complaint to be true, ing other sections of it. Whatever may have been has suffered a wrong at the hands of the de- the design of the conspirators, the United States
would not under any principle of international law fendant; he has sustained injuries which have be legally responsible for the acts of insurgents or unfitted him for the performance of labor, and 'natives in setting fire to a division of the city, especially in time of war, the testimony of military and The father, a Spaniard, presented a claim against the other witnesses being to the effect that from the out- United States for fifty thousand pesos damages for break on the fourth of February till after the burning causing the death of his daughter of Tondo, the city of Manila was virtually in a state In the above cases all the claimants are foreign vi war, it not being known when hostilities with the residents, the owner of the distillery a Chinaman, insurgents might recommence, and the military being the owners of the cotton inill, Englishmen; the held in readiness for such contingency. The loss wounded man and one of the killed, Englishmen; the of property caused by the burning of Tondo presents other a citizen of one of the South American States, the case of the enemy destroying his own property his wife, who made the demand, a Filipino, and, as in time of war — no case against the United States , before stated, the father of the girl killed at Iloilo, for which a recovery could be had under the laws a Spaniard, who, as I recollect, had retained his for losses occasioned by public war, insurrection, mob allegiance to the Spanish crown. violence or riot, or police regulations.
For casualties of this character we think it clear During the progress of the insurrection consider that no cause of action lies against the United States. able property was destroyed by United States troops, | The destruction of the vino was called for by a as a military necessity during actual military opera- reasonable regard for the public welfare and was an tions, dwelling-houses and pueblos being burned and authorized exercise of the war power, as it would private property destroyed or appropriated for public have been of the police power in any of the States. purposes. The destruction of the contents of a dis- The British owners of the cotton factory held their tillery situated near the town of Malolas affords a property subject to the casualties of war, enjoying striking instance of this character. The distillery in the rights and privileges, and subject to the same question was owned by a Chinaman. The Chinese limitations as an American citizen. That a citizen employes abandoned the building on the withdrawal of the United States cannot recover from his governof United States troops who had been stationed in I ment for damages to his private property in time of the vicinity. In the building had accumulated a large actual military operations, and as an incident thereof, quantity of vino, a sort of native alcohol. The accumu- is, we think, clearly established by the well-settled lation was large, owing to the stoppage of traffic principles of law, and that it is equally well estabon accɔunt of the insurrection. After the abandon- lished that foreign residents within the limits of the ment of the building, natives residing in the vicinity United States enjoy the same rights of recovery resorted there and freely took away and drank the against the government and no greater. It may be liquor, with none to hinder or molest them. The remarked, in this connection, that it is doubtful consequence was that the free liquor became a public whether a plaintiff would be entitled to recover damnuisance. The padre of the parish complained to the ages under the circumstances in any tribunal, under commanding officer of the troops, requesting that the general principles of law. nuisance be abated. General (then Major) Kobbe, ! The board of claims recommended that the widow who was in command, sent a detachment to destroy of the South American engineer of the mill be althe vino, which was done by emptying the barrels i lowed three thousand dollars, Mexican currency, and vessels containing the liquor.
I which recommendation was approved by the military Three men were standing at the window of a 'governor. This recommendation of the board was cotton factory just after dinner. The factory was made, not as a matter of law, for it was of the situated in the barrio of Tondo, Manila; the time opinion that no legal claim accrued against the alluded
the close of the fire in United States, but as a matter of grace, deeming that Tondo, before referred
were justice would be best served by allowing the widow, operatives in the mill, were Englishmen, who was plunged into poverty by the loss of her the third, the engineer, was a South American. husband, a reasonable compensation. "l'hile standing the window, looking out, | The troublesome days immediately following the three United States soldiers approached, raised American occupation of Manila were marked, as was their rifles and fired, killing two and wounding the unavoidable under the circumstances, by acts of lawthird man. Three claims were based against the lessness. Soldiers would frequently steal or obtain government upon this transaction. The Mill Com- personal property under false pretenses. Often pany claimed compensation for the damages sus- | horses and carametas would be taken by force or tained through the loss of the services of its under the pretense that they were demanded by the employes. The wounded man submitted a demand 'military authorities, forged receipts being given for for personal injuries. The widow asked compensa- | the same, which the too confiding owners would tion for herself and orphaned children for the death present at headquarters, only to find that no such of husband and father.
party as John Smith belonged there or was known Another claim for damages occasioned by the death in the premises. These depredations were not conof a party was a somewhat peculiar case arising at fined to the soldiers. One of the claims of earliest the cannonading during the attack on the city of date submitted to the board was that of certain resiIloilo. The sole person killed during the capture dents of the pueblo of Cavite for property taken in of the city was a young girl who, while in her a lawless manner from the stores and residences of father's house, was struck in the head by a shell. Ithat town. Cavite is a town situated on Manila Bay,
across from Manila, about ten miles distant. This every location, from the petty peddler with pack on town was the location of a Spanish navy yard; in its back to the wealthiest merchant of Manila, and is immediate vicinity was fought the battle of Manila prominent among the petitioners to Uncle Sam for Bay; around it may yet be seen the wrecks of the losses alleged to have been sustained through the Spanish fleet, several arising from the water where destruction of Iloilo. they sunk on the first of May; two or three have The Iloilo claimants allege various causes of combeen raised to float under the American Aag. The plaint against the United States as reasons for their day following the battle crowds paraded the streets recovery, the most prominent being delay in the occucf the town, crying “Viva Americana.” Not satis- pation of the city after the arrival of the troops, and fied with manifesting their appreciation of the defeat delay in the sailing of the occupying forces from of the enemy, they entered and plundered private Manila, and the fact that the attack was commenced houses, appropriating property for which in several on the city by the navy before the expiration of the cases compensation has been asked from the United notice served upon the foreign residents to remove States, for which losses, however, if proven, we think their persons and property from the city before an the government is in no way legally responsible. assault should be made, great reliance being placed
One claimant, a native woman, states that during upon this last-named cause of complaint. Most the excitement following the naval battle, while the of the circumstances relied upon by the Iloilo crowd were filling the streets, her house or store claimants as the basis of their claim against the was entered and silver taken to the amount of eleven United States are found in General Otis' first hundred dollars. She alleges that the money was in annual report. The inception of the a basket, which, for security, she had placed under ment against Iloilo
suggestion from a chair on which she sat and covered the basket with the Spanish commandant of that city, General Rios, her skirts for concealment. Her precautions, how- who, in December, dispatched intelligence to the miliever, proved unavailing; two men entered and ran- tary governor at Manila that he was ready to sursacked the house, discovering the basket containing render the city to him, and suggested that he disthe treasure, and taking it away, silver and all. Sev- patch sufficient force to take and retain possession of eral losses of this nature were reported from Cavite, the place; this overture of the Spanish commander occurring, as alleged, shortly following the first of was repeated two or three times, the general in his May, while personal property was undoubtedly law- last communication urging acceptance of his proposal, lessly taken. The amounts, as claimed in individual as he was pressed by the insurgents and had no object cases, may admit of serious doubt, and in case of the in longer holding the city. During the month of government's legal liability, or inclination to pay as December the bankers and business men of Iloilo a matter of bounty, should be carefully scrutinized. also sent a petition to Manila asking American proThe Cavite claimants allege the United States is tection. The proposition of General Rios was not liable for the reason that, after expelling the Spanish lacted upon until December twenty-sixth, on which forces, a sufficient number of United States troops date an expedition under General Miller sailed for were not stationed in the town to maintain order, Iloilo. and the government is liable for the loss of private The expedition, which sailed the day after Christproperty resulting from mob violence committed un- mas, arrived before the city on the morning of the der the American flag.
twenty-eighth, remaining in the harbor till the elevThat a government is not legally liable for the enth of February before making any attempt to unauthorized acts of its soldiers has been well estab- forcibly occupy the city, the intervening forty-five lished as the law of the United States, and is, I days being spent in what proved to be fruitless think, the universal rule among the nations of the negotiations for its peaceable surrender to the becivilized world. Among the Filipino war claims, ' leaguering forces. those presenting the most intricate and interesting The day before the attack on the city a notice questions of international law are those arising from was communicated to the foreign vice-consuls by the attack on and capture of the city of Iloilo. Iloilo General Miller as follows: In view of anticipated was taken by the United States troops on the 11th of hostilities, notice is hereby given you to cause all February, 1899. The insurgents occupying the city persons who are under your protection to seek a evacuated and set it on fire, not waiting the landing place of safety before 5 A. M. Sunday, the twelfth of the United States troops. Fully one-half the city inst. Hostilities may commence any time after that was destroyed by this action of the insurgents and time and date.” The attack on the city was begun probably much more than half in value, the property by one of the gunboats belonging to the expedition, destroyed belonging largely to foreign residents, in which opened fire on the trenches before the city whose hands was the greater part of the business of at about 9.30 in the morning of the eleventh. The the city, the principal foreign nations represented attack, thus prematurely begun, deprived the business being Spain, England, Germany, Switzerland, and the men, as they allege, of all opportunity to remove their always present trader from China. The Chinese in property from their warehouses, which were dethe Philippines are found everywhere and wherever stroyed by fire, set by the insurgents, as they retired found are the most industrious of people and gener- from the city on the approach of the United States ally engaged in trade. The Chinese trader is in forces.
The Iloilo claimants place peculiar reliance upon the archipelago. The United States military governthe delay in attacking the city after the arrival of ment at Manila were making every effort to prevent the United States troops in the bay. As before a union with the Malolas government, and with stated, the assault was not made until the eleventh this object in view, abstained from any attempt of February, forty-five days after the arrival of the to take forcible possession of the Visayan metropolis, expedition before the city, the intervening time being and spent a month and a half in fruitless negotiation spent in negotiation and watching the course of for its voluntary surrender by the inhabitants. Conevents in Manila. The military situation at this ciliatory action was pursued in accordance with injuncture was critical. The relations between Aguin- structions from Washington. “Be conciliatory, but aldo and the military authorities of the United States firm,” was the instruction from the president to Genwere becoming more and more strained. The friendly eral Otis. The officers, from General Miller down, intercourse between the Americans and Filipinos at fretted and fumed over their prolonged inaction in the commencement was short lived. The insurgent Iloilo bay. The Iowa regiment was sent to Manila, leaders very soon became suspicious of the intentions that the troops might be landed for sanitary reasons, of the United States, which suspicion rapidly the regiment having been on shipboard since leaving ripened into dislike, dislike into aversion and aversion San Francisco, and were replaced by Tennessee culminated into open war.
troops, who arrived just previous to the attack on It is interesting to follow the course of events the city. The wearisome waiting continued, howsubsequent to the first of May. Previous to that ever, in pursuance of the policy of conciliation, until memorable date, and after the beginning of hostilities after the outbreak at Manila, the final order to with Spain, the United States consuls at Manila and occupy the city not being issued until February Hong Kong were loud in their praises of the eighth, four days after the commencement of the insurgents and their leader.
Tagal war. Their dispatches are brimming over with praises It subsequently appeared that the native negotiof their conduct as compared with that of the Span- ators employed by General Otis were in the secret iards, and dwell upon the inclination of the insurgent service of Aguinaldo, having received instructions leaders to become incorporated with the United from him before setting out on the expedition, and States; this enthusiasm culminated with Dewey's probably earnestly desirous to plunge the Visayans victory; whether the enthusiasm of the consuls into war with the United States, thwarting every somewhat colored their narrative of current events, move of General Miller, while trusted by him to bring or whether at the first it was well founded, I will affairs to a peaceful conclusion, which action, hownot undertake to state, but the enthusiastic welcome ever, would be regarded by the Filipino as a triumph tendered to the American liberator was in a few of diplomacy. Viewed in the light of after events, months changed to the volleys of musketry during the delay in taking prompt possession of Iloilo was the first battle for the possession of the capital of the undoubtedly a mistake, as all negotiation was thrown archipelago.
away on the leaders of the people, who were heart The city of Iloilo, the metropolis of the Visayans, and soul committed to the insurgent government, was the second city of importance in the islands. with which they were in full sympathy, and the sucWhile its occupation by the United States was cess of which they supposed to forward their own greatly to be desired, it was also very essential, at individual ambitions and interests. It is also, I that time, that its occupation be secured by peaceable think, undoubtedly true that the immediate occupation means, as a conflict with the Visayans was, if possi- ' of the city would have been unopposed and no loss of ble, to be averted. At this critical period such a ' life or property resulted. Notwithstanding all this, consummation was by no means impossible, as the the course pursued was the only wise one to have Visayans were naturally jealous of and hostile to been taken at the time and under the circumstances. the Tagals. The great tribe occupying the group of Conciliation was necessary to avoid precipitating the islands between the Island of Luzon and Mindanao Visayans into the insurrection; as soon as it was are the most numerous of any of the families of the apparent that we must contend with Visayan as well Philippine archipelago, numbering some two millions as Tagal, then the blow was struck and the city of people, occupying perhaps the richest portion of taken. the country. At the time the expedition against It is unnecessary, however, to dwell upon the merits Iloilo set out from Manila, and down to the fourth of the case and consider the question whether the of February, the Tagalogs, under Aguinaldo, con- course pursued by General Miller was or was not fronted the United States troops in the vicinity of judicious, or whether the policy of conciliation recManila, the hostility increasing until it culminated ommended by the president was wise or unwise, it in the first conflict between our forces and the insurg- being, I think, an undisputed principle of international ents for the possession of that city.
law that the court will not inquire into the motive An attempt to take forcible possession of Iloilo was of the chief magistrate or the commanding officer of likely to precipitate hostilities with the Visayans. The the army; that the discretion of either civil or miliinsurgent government at Malolas were urging them tary chief will not be inquired into or interfered to cast their lot with their countrymen and make with. Should claimants against the government be common effort with them for the independence of permitted to question the wisdom of the course pur
sued by the administration, or criticise the conduct or subjects against the other government that may of a military campaign, then would the government have arisen since the beginning of the late insurrecbe liable to bankruptcy following any considerable tion in Cuba, and prior to the exchange of ratificawar, and no general of an army escape censure, tions of the present treaty, incuding all claims for from Julius Cæsar to General Otis.
indemnity for the cost of the war. The claimants attach special importance to the fact “The United States will adjudicate and settle the that the assault on the city was commenced before claims of its citizens against Spain relinquished in the expiration of the notice given to the vice-consuls. this article." The notice, hereinbefore mentioned, was served on It will be noticed that while each of the high conthe British, German and American vice-consuls on tracting parties mutually agree to relinquish all Friday, and gave the people of the city till the fol- claims, national and individual, of the one against lowing Sunday morning at five o'clock to remove the other, the United States alone agrees to settle the their property, in view of anticipated hostilities. The claims of its citizens thus relinquished. attack commencing at about nine o'clock Saturday
W. F. NORRIS, morning, deprived the merchants and others of any
Judge Special Court First Instance. opportunity to remove their property to a place of ISLAND OF NEGROS, P. I., June, 1902. safety. In his annual report, the military governor states that the shots were fired from one of the war vessels as a warning to the insurgents who were THE TRIAL OF ALGERNON SIDNEY. engaged in throwing up intrenchments at or near the fort located on the city's water line, against which
By John FREEMAN BAKER. proceeding they had been warned in a letter furnished them the preceding day. The letter referred to was dated February tenth.
After the death of his father and when the people It was addressed: “To the Commanding General were becoming inimical to the usurpations of Native Forces, Iloilo," who was summoned to deliver Charles II, Sidney was again drawn into the arena up the city before Saturday, the eleventh instant, and of politics. The king was, doubtless, anxious for a prein case of refusal, it would be occupied by force. It text to exact vengeance on him for years of pent-up was requested that notice be given to all non-com- humiliation, and as Sidney was now jealously batants in Iloilo, Jaro and Molo, and that in case watched, the opportunity was soon presented. of resistance, the city and aforesaid villages would He was sixty-one years of age, when, on the 26th be exposed to bombardment, and that any attempt day of June, 1683, after a morning passed in literary in the interim to close the Iloilo river or throw up or labors, he was at dinner with a few friends unappreimprove any defensive works, will at once be met by hensive of danger, an officer entered the room and fire from the United States warships and troops. exhibited a warrant from the privy council, comThe principle of international law before referred to, manding him to appear before them. All papers that the discretion of the commanding officer cannot and documents found in his study were seized by be inquired into extends to the general conduct of the officer. Presenting himself before the council, the campaign. It is for the general commanding to Sidney was questioned as to his complicity in an Cecide whether or not an attack shall be made, and alleged plot against the king. He answered their the time and manner of such attack. Whether or not questions frankly, at the same time assuring them notice of a contemplated cannonading or bombard- that he was ready to meet and answer any charges ment of a city shall be imparted to its inhabitants, is they might prefer. a matter entirely within his discretion, and should Lord Russell, Essex, Howard and others, insuch notice be given, should the exigencies of the cluding Sidney, were apprehended and sent to the case demand, he is not obliged to observe its terms, Tower, as being conspirators against the king, in the but may act as his sence of prudence dictates. The Rye-house plot. That Sidney had labored to subvert great overruling principle that guides his decision is the monarchy there is little doubt, but that he could the success of the campaign; the welfare of the State, have descended so low as to seek to waylay the king, which has entrusted him with the control of its army, as a means of vindicating the Protestant religion and is and should be the paramount consideration over- securing the liberties of England, is altogether irreriding all minor and individual interests.
concilable with his noble character. All claims to indemnity against the United States, Lord Russell was first placed on trial. His wife, made by Spanish residents of the Philippines, for the accomplished daughter of the Earl of Southamplosses sustained during the war of the insurrection, ton (whose mother was the noted Rachel de would seem relinquished on the part of the Spanish Rouvigny), attended the trial and acted as his secregovernment by the provision of the treaty of Paris, tary. With the testimony of the notorious Lord as contained in the seventh article, which reads as Howard of Escreik, a kinsman of Russell, who follows:
turned king's evidence and who was heard to say "The United States and Spain mutually relinquish that, before he could obtain his own pardon he had all claims for indemnity, national and individual, of some hard swearing to do — the jury, under the every kind, of either government, or of its citizens 'royal influence, readily convicted him. Lady Russell