CO885-(10-11) — Page 275

4767.

No. 225.

(ВАНАМАН.)

LAW OFFICERS to FOREIGN OFFICE.

EXTRACT.

། ། ། ། :། །

PUBLIC RECORD OFFICE

باش سانا

Reference:

C.O. 885

10 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

January 16, 1864.

"WITH respect to all these claims, we understand the circumstances in which the loss of property has happened to be the same, namely, that the losses were the con- sequence of the general military operations of the Spanish forces against the insurgents in St. Domingo, not the consequence of any special acts of military insubordination or excess unnecessary for the general purposes of the war, and brought home to particular persons guilty of such acts.

"We are of opinion that all foreign subjects domiciled in a place or city which suffers during the time of war from the necessary operations of war are to be considered, with respect to any damage which their property may receive, as on the same footing, and no other, with the native subjects in the same city or place, and that they have no other claim for indemnity than those subjects may have.

"Whether, therefore, they have any claim at all or not must depend upon the public and constitutional law of the country. Such losses do not confer any title on the Government of the foreign subject to demand compensation or indemnity for his losses so incurred upon principles of international law. Upon this view of the subject Her Majesty's Government has, we believe, been always advised to act in cases similar to the present."

[* Claims of natives of the Bahamas for loss of property in St. Domingo in consequence of the insurrection against Spanish authority.]

·

P 16978.-219.

25.-2/86.

C