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When property destroyed in, no recovery.

Treaty of 1795 with Spain.....

Did it all end April 23, 1898, with Spanish decree..

Did United States ratify Spain's act ending it..

In force during the insurrection..................

May one party to treaty terminate it..

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REPORT OF WILLIAM E. FULLER.

DEPARTMENT OF JUSTICE,

(SPANISH TREATY CLAIMS COMMISSION),

Hon. CHARLES J. BONAPARTE,

Attorney-General.

April 10, 1907.

SIR: On the organization of the Spanish Treaty Claims Commission I was nominated by the President March 9, 1901, as Assistant Attorney-General charged with the defense of claims before that Commission, and have conducted the work to the present time. Owing to many unforeseen circumstances beyond my control the work has been prolonged beyond my reasonable expectations and I have neglected my private interests, and in order that they may not further suffer I have felt it to be both my right and my duty to lay down this public trust imposed upon me by law, and I have therefore tendered my resignation to the President, to take effect May 31, 1907.

Though 542 claims, involving alleged liability of the United States to the amount of more than $62,000,000 have been filed with the Commission, the proper disposition of which comprehended almost every phase of international law, as well as the rights of United States citizenship in almost every conceivable form and view, yet there is no law making provision for the preservation or publication of the work done and principles laid down by the Commission, except only in the form of the original records, and which can not be accessible or useful to public officers and others specially interested in these questions, and these facts seemed to me to justify, if not require, that a more extended and comprehensive report of the work should be made, than is to be found elsewhere, and as I have had charge of the defense from the beginning and therefore am familiar with the business in all its details, discussions, and decisions, it has further seemed to me specially appropriate that I should submit a report of that character before severing my official relations with the business of the Commission, though the work is not yet completed.

It is not too much to say that no tribunal has ever been called upon to consider, examine, and pass on so many important questions,

both of international law and of nationality, as the Spanish Treaty Claims Commission. Arising as these claims did, in a foreign jurisdiction, and primarily against another nation, they are controlled and governed almost entirely by rules and principles of international law, supplemented in some cases by the municipal law of the nation in whose territory the claims arose. As substantially all the claims arose in Cuba while under Spanish sovereignty, and originally against the Spanish nation, the citizenship of the claimants was the foremost, and in many instances the most important question, as perhaps nineteen out of every twenty of the claimants were former Spanish subjects who had obtained United States citizenship papers, and many claims are in favor of the heirs or widows of such alleged citizens, it follows that almost every conceivable phase of the law of naturalization and citizenship has been brought under consideration and determination.

The rights and duties of a nation engaged in suppressing an insurrection, to what extent it is bound to furnish military protection to the property of neutral aliens found within its territory, and how far a nation may go in the destruction of private property, general devastation of the country, and reconcentration of its inhabitants, in order to suppress an insurrection, have all been brought under consideration, and in a great many ways. A few cases are also among the files, asserting claims which arose after the declaration. of war by the United States against Spain, as to which different principles apply and govern.

The responsibility of a parent government for the wrongs done by insurgents has also been presented and urged with all the ability and zeal which able counsel could command, and the conclusion of the Commission that no such liability exists where the insurrection has passed beyond control, though vigorously combatted by counsel for claimants, I believe to be sound, according to international law and adjudicated cases.

As a result of what has been done by the Commission up to the present time, principles have been laid down, rules established, and cases decided covering most of the questions involved, and it is believed but few cases will hereafter come up for determination which do not fall within some of these rules, principles, and decisions. Another reason why this report has seemed advisable, if not actu ally necessary, is the fact that in very few cases, perhaps not exceeding six or eight, has the Commission filed opinions, and almost no light can be had from an examination of the orders as entered, and recourse must be had to the original records to ascertain the questions involved, and which were, may, or might have been determined. This is not said in a spirit of criticism, for such has been the practice of all commissions for the settlement of claims of an international

character, but I refer to this fact simply as emphasizing the necessity, or at least the usefulness, of this report.

For convenience I have deemed it best to include with this report the act under which the Commission was organized and the amendment thereto, and they will be found among the exhibits.

As there is no convenient record showing the list of persons under my employ in doing the work committed to my charge, I have also included among the exhibits such a list, showing the persons employed, when, in what capacity, and when the work of those not now in the service ceased, and for what reason. I desire to express my hearty appreciation of the cordial support and faithful endeavor of all those who have been and are now associated with me in the defense of these claims. The work of taking testimony in Cuba has been exceedingly arduous and exacting, requiring sacrifice of personal comfort and at times endurance of hardships not usual in such work in the United States.

Dr. Hannis Taylor, author of a work on international law, a man of learning and ability and a jurisconsult of international reputation, has been engaged as special counsel, and while he has not been charged with much of the work in the way of details, the defense has had the benefit in the argument of cases of his wide knowledge of international law, as well as of the civil law, which is the foundation of the Spanish system of laws. I desire to make special acknowledgment of the services rendered by my two assistants, Mr. Charles F. Jones and Mr. Emory S. Huston. The former has been with me almost from the beginning, and has had special charge of the pleadings and materially assisted in the administration of the business of the department, and in the argument of cases. Mr. Huston has been engaged mainly in the work of preparing briefs and the argument of cases. The work of each of these assistants has been to my entire satisfaction, and I believe with great benefit and advantage to the Government. Mr. Huston has also rendered me valuable assistance in the preparation of this report. I desire also to acknowledge my sincere appreciation of the uniform kindness, courtesy, and consideration which has been extended to me by each member of the Commission during the six years I have been before them, and especially through the long, and at times, heated and trying controversies which they have been called upon to hear and determine.

ORGANIZATION.

The Spanish Treaty Claims Commission was one of the results of the treaty of Paris, following the Spanish-American war. Many persons, claiming to be American citizens, had presented to our State Department claims for damages both to person and property caused

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