American and British Claims Arbitration, Volumen3

U.S. Government Printing Office, 1913

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Página 575 - It will not be easy to find an instance where a prince has thought fit to make reprisals upon a debt due from himself to private men. There is a confidence that this will not be done. A private man lends money to a prince upon the faith of an engagement of honour, because a prince cannot be compelled, like other men, in an adverse way, by a Court of Justice.
Página 581 - It is not the denial of justice by the courts alone which may form the basis for reclamation against a nation, according to the rules of international law. "There can be no doubt," says Halleck, " that a state is responsible for the acts of its rulers, whether they belong to the legislative, executive, or judicial department of the government, so far as the acts are done in their official capacity.
Página 582 - The case is widely different when the foreign government becomes itself a party to important contracts and then not only fails to fulfill them but capriciously annuls them, to the great loss of those who have invested their time, labor, and capital in their reliance upon its good faith and justice.
Página 429 - ... as a consequence of the absolute independence of every sovereign authority and of the international comity which induces every sovereign state to respect the independence of every other sovereign state, each and every one declines to exercise by means of any of its courts, any of its territorial jurisdiction over the person of any sovereign or ambassador of any other state, or over the public property of any state which is destined to Its public use...
Página 440 - There they buried Abraham and Sarah his wife ; there they buried Isaac and Rebekah his wife ; and there I buried Leah.
Página 578 - It is abhorrent to the sense of justice to say that one party to a contract, whether such party be a private individual, a monarch, or a government of any kind, may arbitrarily, without hearing and without impartial procedure of any sort, arrogate the right to condemn the other party to the contract, to pass judgment upon him and his acts, and to impose upon him the extreme penalty of forefeiture of all his rights under it, including his property and his investment of capital made on the faith of...
Página 392 - In acknowledging the receipt of the Department's telegraphic instruction No. 600 of the 3d instant, relative to the seizure on board the American steamer Windber of August Piepenbrink, I have the honor to enclose herewith the copy of a note which I handed to Mr. Delcass6, the French Minister for Foreign Affairs, on March 5, in conformity therewith. At the same time, I stated to Mr. Delcasse...
Página 433 - This article is apparently introduced on the part of Spain, and must be intended to stipulate expressly for that security to private property which the laws and usages of nations would, without express stipulation, have conferred. No construction which would impair that security further than its positive words require, would seem to be admissible.
Página 476 - ... exchange, cession, conquest, and treaties of confirmation, and especially where such acquisitions are made from states continually subject to revolutions and fluctuations in the character of its government and in the powers of its rulers. The act of a government de facto, a government which is submitted to by the great body of the people, and recognized by other states, is binding as the act of the state ; and it is not necessary for others to examine into the origin, nature and limits of that...
Página 570 - The commissioners are to look to the original claim for damages and injuries against Spain itself, and it is wholly immaterial for this purpose upon whom it may in the intermediate time have devolved, or who was the original legal, as contradistinguished from the equitable owner, provided he was an American citizen.

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