The Practice of Diplomacy as in the Foreign Relations of the United States

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. 1906. Excerpt: ... CHAPTER XVIII INTERNATIONAL CLAIMS No other branch of international relations presents to the American diplomatic representative such a fruitful source of embarrassment as the private claims of his countrymen against the government to which he is accredited. This is especially the case in the countries on this hemisphere, or in other parts of the world where public order is not well established, or where the judiciary system is imperfect or different from that of the United States. It is neither a gracious nor a welcome act for a diplomat to remind the government with which he is expected to cultivate friendly relations that it is derelict in its duties and obligations to his countrymen. Claims of this character fall into two classes--first, those based on contracts; and, second, those founded on torts, that is, injuries or wrongs done to individuals independent of contracts. In a single chapter it will be possible to make only a brief reference to some of the general principles governing them, referring the reader for detailed discussion to international law text-books and diplomatic correspondence. The first of these, contractual claims, usually grow out of the voluntary acts of individuals who enter into contracts or agreements with the central government or other authorities of a foreign country for the construetion, for instance, of a railroad or other work or enterprise of a public, municipal or local character, or who purchase bonds or obligations of a government, state, or municipality. In such cases the government of the United States has held that it will not undertake to follow its citizens with its protection; that when they enter into such relations they are presumed to have fully considered the disposition and ability of the foreign authorit...