Report of Robert C. Morris, Agent of the United States, Before the United States and Venezuelan Claims Commission, Organized Under the Protocol of February 17, 1903, Between the United States of America and the Republic of F Venezuela

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U.S. Government Printing Office, 1904 - 563 pages

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Page 446 - Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain...
Page 31 - They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respective Governments in support of or in answer to any claim...
Page 221 - The commissioners, or in case of their disagreement, the umpire, shall decide all claims upon a basis of absolute equity, without regard to objections of a technical nature, or of the provisions of local legislation.
Page 496 - The tribunal having since fully taken into their consideration the treaty, and also the cases, counter-cases, documents, evidence, and arguments, and likewise all other communications made to them by the two parties during the progress of their sittings, and having impartially and carefully examined the same, Has arrived at the decision embodied in the present award...
Page 145 - The record of a judgment rendered in another state may be contradicted as to the facts necessary to give the court jurisdiction ; and, if it be shown that such facts did not exist the record will be a nullity, notwithstanding it may recite that they did exist. "'Want of jurisdiction may be shown either as to the subject-matter or the person, or, in proceedings in rem, as to the thing.
Page 250 - Our citizens have been always free to make, vend and export arms. It is the constant occupation and livelihood of some of them. To suppress their callings, the only means perhaps of their subsistence, because a war exists in foreign and distant countries, in which we have no concern, would scarcely be expected. It would be hard in principle, and impossible in practice.
Page 169 - Turini's work does not comply as to artistic merit with his agreement; but it is sought to measure it by standards other than those expressed in the contract. If the Venezuelan Government desired work done acceptable to the National Society of Sculpture of New York, or subject to the approval of a jury of artists, it should have so stipulated. Nor can it be assumed that Mr. Turini would have agreed to do such work at the price designated in the instrument before us. The duty of the Commission is...
Page 250 - In pursuance of this policy, the laws of the United States do not forbid their citizens to sell to either of the belligerent powers, articles contraband of war, or take munitions of war or soldiers on board their private ships for transportation ; and although, in so doing, the individual .citizen exposes his property or person to some of the hazards of war, his acts do not involve any breach of national neutrality, nor of themselves implicate the government.
Page 145 - They shall investigate and decide upon such claims in such order and in such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective governments.
Page 207 - 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 forfeiture of all his rights under it, including his property and his investment of capital made on the faith of...

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