Legation of
the United States,
St.
Petersburg, November 4,
1879.
No. 152.]
[Inclosure 1 in No. 152]
Mr. Hoffman to
Baron Jomini.
Legation of the United States,
St. Petersburg, October 22,
1879.
Excellency: I have the honor to acknowledge the
receipt of your excellency’s note of October 20, 1879, in reference to
the case of Mr. Calvocoressi, an American citizen, whose house at San
Stefano was occupied by Russian troops during the late war, and much
damage done to it and to the furniture.
The principle that neutral property on belligerent territory becomes
hostile property as far as the other belligerent is concerned, is so
well established, that I had not proposed to claim compensation for Mr.
Calvocoressi as of right; but the case appeared to me to be one of
peculiar hardship, as I had the honor to state in my note of the 14th
April last, and it is as a claim in equity, rather than under
international law, that I am instructed to bring it to your excellency’s
attention, and to ask for it the favorable consideration of the imperial
government.
San Stefano was not the scene of active hostilities, such as would have
justified the great damage done to Mr. Calvocoress’s property, and the
prolonged occupation of
[Page 928]
his
house, running over many months, was not due to any strategic necessity
or urgent military purpose, but was simply for the convenience of the
Russian officers. I therefore submit to your excellency that, according
to the ordinary usages of war practiced by military commanders, a
compensation should have been paid to Mr. Calvocoressi by the military
authorities. Your excellency will observe, too, that Mr. Calvocoressi
does not complain so much of the ordinary wear and tear of the house and
furniture during its occupation, as of the unnecessary and apparently
wanton injury done them, amounting to over £1,000 sterling.
It is upon the ground of prolonged occupation not required by military
operations, and of damage inflicted far beyond the ordinary wear and
tear arising from the occupation of the house and the use of the
furniture, that I am instructed to request a favorable consideration of
the imperial government for the claim of Mr. Calvocoressi.
I take this opportunity, &c.
