Special Report of William E. Fuller, Assistant Attorney-general, Being a Condensed Statement of the Work Done, the Questions Considered, the Principles Laid Down, and the Most Important Decisions Made by the Spanish Treaty Claims Commission from the Organization of the Commission, April 8, 1901, to April 10, 1907
United States. Department of Justice, William Elijah Fuller, United States. Spanish Treaty Claims Commission
U.S. Government Printing Office, 1907 - 352 էջ
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according action adjudicate admitted alleged allowed American citizens appear apply argument army authorities belligerent bound cause character citizens citizenship civilized claimants claims Commission Commissioner conclusive Congress consideration considered Constitution counsel court Cuba Cuban damages December decided decision defendant demand demurrer destroyed destruction determine duty effect entitled established evidence executive exercise existence facts filed follows force foreign give Government ground held indemnity individual injuries insurgents insurrection international law island judgment judicial jurisdiction justice language law of nations liability losses matter measures ment military naturalization necessary never notice obligation officers opinion parties passed peace persons petition present President principles proposition protection provisions question reason received recognition recognized referred regard relations responsibility result rule says Secretary sense settle ship Spain Spanish subjects suffered taken territory tion treaty tribunal United warfare
Էջ 218 - Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the...
Էջ 138 - The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either government, or of its citizens or subjects, against the other government, that may have arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war. The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this...
Էջ 186 - The United States will occupy and hold the city, bay and harbor of Manila, pending the conclusion of a treaty of peace which shall determine the control, disposition and government of the Philippines.
Էջ 204 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations, but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...
Էջ 184 - ... of a foreign nation; the expeditions of filibustering that we are powerless to prevent altogether, and the irritating questions and entanglements thus arising — all these and others that I need not mention, with the resulting strained relations, are a constant menace to our peace and compel us to keep on a semi-war footing with a nation with which we are at peace.
Էջ 191 - For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations...
Էջ 231 - Without wishing to exaggerate the importance of these writers, or to substitute, in any case, their authority for the principles of reason, it may be affirmed that they are generally impartial in their judgment. They are witnesses of the sentiments and usages of civilized nations, and the weight of their testimony...
Էջ 250 - We owe it to our citizens in Cuba to afford them that protection and indemnity for life and property which no government there can or will afford, and to that end to terminate the conditions that deprive them of legal protection.
Էջ 170 - A treaty is primarily a compact between independent nations: It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties to it. If these fail, its infraction becomes the subject of international negotiations and reclamations, so far as the injured party chooses to seek redress, which may in the end be enforced by actual war. It is obvious that with all this the judicial courts have nothing to do
Էջ 184 - The near future will demonstrate whether the indispensable condition of a righteous peace, just alike to the Cubans and to Spain, as well as equitable to all our interests so intimately involved in the welfare of Cuba, is likely to be attained. If not, the exigency of further and other action by the United States will remain to be taken.