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

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

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...for a well-ordered government. Nor can it be successfully contended that on the whole she did riot exercise that degree of diligence which the law of nations requires to suppress an insurrection. It is a matter of common knowledge that in her endeavors to suppress the insurrection she actually armed, equipped, and sent to Cuba an army of about 200,000 men, commanded by her most distinguished generals, and actually expended several hundred millions of dollars in carrying out this enterprise; thus taxing to the utmost her military, naval, and financial resources. The Commission, therefore, can not resist the conclusion that Spain was a " reasonably well-ordered State," within the meaning of that term in international law, and also, on the whole, exercised that degree of diligence in suppressing the insurrection which the law of nations requires. JUDICIAL NOTICE. OPINION OF COMMISSIONER WOOD. Commissioner Wood. The Commission having decided that war in the material sense existed in Cuba during the late insurrection, and having also held as a principle of international law that when an insurrection has gone beyond the control of the parent government such government is responsible for only those damages done by the insurgents to foreigners which it might have prevented by the exercise of due diligence, it follows that the character and magnitude of the Cuban insurrection become important factors in fixing the status of the claimants and the defendant in the prosecution of cases before this tribunal. This question was raised in the argument on that paragraph of the ground of demurrer, which avers: That the acte complained of were committed, and the property for which the indemnity is asked was destroyed, by insurgents in revolt against the Spanish...show more

Product details

  • Paperback | 166 pages
  • 189 x 246 x 9mm | 308g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236666992
  • 9781236666994