Argument for Claimants in the Case of the U. S. And Paraguan Aabigation Co, Vs the Republic of Paraguay

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Excerpt from Argument for Claimants in the Case of the U. S. And Paraguan Aabigation Co, Vs the Republic of Paraguay: Submitted to Commissioners Hos, Cave Jehasten, for the U. S. And Senor Jose Berges, for Paraguay This is a case of wrong and injury done by the government of Paraguay to citizens of the United States. It is only in cases of wrong that this government will interpose. In other cases its good offices are sometimes employed, but it never makes a demand, or employs force, unless a wrong has been done. This is its settled policy. In this case, the wrong is beyond question. It appears from the memorials of the company, from the recorded judgments of the Department of State under two administrations, from the messages of the President, from the solemn action of both branches of Congress, and from the treaty itself, which assumes the wrong, and constitutes a commission to assess the damages. It is a peculiarity of this commission that it is formed with reference to a single case and for a single purpose. Ordinarily, a claims commission is authorized to consider and determine all such claims of a certain character as may have been presented within a given time. In such cases, the treaty assumes only certain general facts, such as the previous existence of a war, the appropriation of a sum of money, or some general principle of liability. Neither of these assumptions would be inquired into by a commission. In this case, the whole subject matter of the negotiation which led to the treaty, having been a single claim, it was easy to make the convention definite, and to confine the duties of the commission to a single point. This has been done. The treaty assumes the wrong committed and the liability of Paraguay, and only authorizes the commissioners to assess the amount of damages. It is a simple question of, how much? If there was any ambiguity in the convention on this point, it could not fail to be removed by a reference to the proceedings which led to the convention. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.