Commission Under the Convention Between the United States & Paraguay: Statements and Arguments for Claimants and for the Republic, and Opinion and Award of Commissioners

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H. Polkinhorn, Printer, 1860 - Paraguay - 163 pages
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Page 32 - But we think the real answer to the objection is, that no wrongdoer can be allowed to apportion or qualify his own wrong ; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.
Page 162 - V. The Government of Paraguay hereby binds itself to pay to the Government of the United States of America, in the city of Assumption, Paraguay, thirty days after presentation to the Government of the Republic, the draft which that of the United States of America shall issue for the amount for which the two Commissioners concurring, or by the Umpire, shall declare it responsible to the said company.
Page 162 - And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington, on the...
Page 159 - December, one thousand nine hundred and twentyfour, the original of which Convention, being in the English and Spanish...
Page 111 - I The Government of the Republic of Paraguay binds itself for the responsibility in favor of the "United States and Paraguay Navigation Company," which may result from the decree of commissioners, who, it is agreed, shall be appointed as follows.
Page 161 - ... the charges and defences of the contending parties. ARTICLE III. The said commissioners, before entering upon their duties, shall take an oath before some judge of the United States of America that they will fairly and impartially investigate the said claims, and aj ust decision thereupon render, to the best of their judgment and ability.
Page 37 - Wherever their citizens may go through the habitable globe, when they encounter injustice they may appeal to the government of their country, and the appeal will be examined into with a view to such action in their behalf as it may be proper to take. ^It is impossible to define in advance and with precision those cases in which the national power may be exerted for their relief. or to what extent relief shall be afforded. Circumstances as they arise must prescribe the rule of action. In countries...
Page 161 - Washington, may select such umpire. The two commissioners named in the said manner shall meet in the city of Washington, to investigate, adjust and determine the amount of the claims of the above-mentioned company, upon sufficient proofs of the charges and defences of the contending parties.
Page 161 - Paraguay shall appoint another; and these two, in case of disagreement, shall appoint a third, said appointment to devolve upon a person of loyalty and impartiality, with the condition that in case of difference between the Commissioners in the choice of an Umpire, the diplomatic representatives of Russia and Prussia, accredited to the Government of the United States of America, at the city of Washington, may select such Umpire. The two Commissioners named in the said manner shall meet in the city...
Page 138 - It is decided by the award of these commissioners that "the United States and Paraguay Navigation Company have not proved or established any right to damages upon their said claim against the Government of the Republic of Paraguay, and that upon the proofs aforesaid the said Government is not responsible to the said company in any damages or pecuniary compensation whatever in all the premises.

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