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 - Cuba - 352 pages
Other editions - View all
according act of Congress adjudicate and settle alleged American citizens apply army Article VII Attorney-General award belligerent cane citizens or subjects citizenship civilized claims for indemnity Commission Commissioners Maury conclusive counsel for claimants Cuban damages decided decision declared defendant demurrer destroyed destruction devastation Diekema doctrine Duke of Tetuan Dupuy de Lome duty effect embargo enemy evidence existed facts February 28 filed follows Hannis Taylor Hormiguero individual claims injuries insurgents insurrection in Cuba international law international tribunal island judgment judicial notice jurisdiction justice late insurrection law of nations liability ment military naturalization obligations opinion parties persons petition political department present President principles of international prize courts proposition protection provisions question reason recognized reconcentration rection relinquished responsibility Ruiz rule says ship Spanish Spanish authorities Spanish Government statute Supreme Court territory tion treaty of 1795 treaty of Paris treaty of peace United validity vessels warfare
Page 237 - ... existed for more than three years in the island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battle ship, with 266 of its officers and crew, while on a friendly visit in the harbor of Havana...
Page 270 - 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 belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
Page 240 - 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...
Page 256 - 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...
Page 238 - 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.
Page 62 - That war gives to the sovereign full right to take the persons and confiscate the property of the enemy, wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.
Page 286 - ... and concerning the rights of persons within the territory and dominion of one nation, by reason of acts, private or public, done within the dominions of another nation — is part of our law, and must be ascertained and administered by the courts of justice, as often as such questions are presented in litigation between man and man, duly submitted to their determination.
Page 306 - 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.
Page 340 - The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents and factors, as they may judge proper, in all their affairs, and in all their trials at law, in which they may be concerned, before the tribunals of the other party; and such agents shall have free access to be present at the proceedings in such causes, and at the taking of all examinations and evidence which may be exhibited in the said trials.
Page 236 - 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.