Page:The Green Bag (1889–1914), Volume 13.pdf/490

 A Philippine Petition. eminent from which said forces depend it does liable of the same damages. The rights correspondences between the United States of America and Philippines Islands were iniciated to it signes Peaces Treaty in Paris, they consolidated when said treaty ratified by Spain and America and they done capable when the American forces oc cupied this territory since which act to ondú late in each one populations of the same the standart from that birth, have been transformated in Americans country which inhab itants are or natives or foreigners in order to diferents rights correspondences.Every births have accepted to the regu lation of the rights that about the national territory the foreigners may have, the rules of Estatuto real and these rules maintained by the english Authors of threatises Story and Wharton is to, which has inspired the international right; in force in the United States of America incarnated in the Com mon Law. If the Estatuto personal rules to the na tives of the territory into of the same and the rights that about him the foreigners may have it rules by the Estatuto real establishbetween both there is to agree with Savigny that "to each rights correspondence it is necesary to give it the legal dominion that this correspondence belongs by his nature" and being of ow-nership in the foreigner citizen, this right correspondence with territory" the unique legal dominion that can give it by its nature, it is not other that respect to that right, and if it had failed to him the imme diate reparation of the caused damage, which reparation corresponds in this case to Amer ica, then she as all birth assumes herself the collective liabillyty of this subjects. Such considerations that are in synthesis the doctrinal reasson of our right and first foundation of the legality of our petition, they have still most value and effacasy to doing application of them to the facts that motive this reclamation. The first village of this Islands that was occupied with Amer ican forces, it was the Paz, precisly in the

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same day eleventh of February in Which said forces, gone in Iloilo, in which village there is the fabric and warehouses of ownership of Mr. Miguel Gomez and since that date the revolutionaries evacuated completely this zone teking been place the fire of these own erships in full occupation of the American forces, those which to the same time occu pied also the fabric and warehouse to their uses own it deducing logical and rational}of such assertion or that the same american forces were the causers of the fire with the wars motive, or if they were not they not avoided it, dispossessing as they dispossed of all material midies in one and another case the reparation od caused damage cor responds to, Government of the United States because under guardship and proteciton of the American laws there are the per sons and ownerships of foreigners since that in compliment of Treaty of Paris the Spanish authorities evacuated this territory, as be longing to te United States of America. Of the expossed it deduces the following con siderations in which it condences the doc trina of the International Right applicable to the related facts. irst. That the caused rights pertubations are not debted the case of fuerza ma yor that may have not been able to avoid, unique that exempts of all liability since that the fire it produces to presence of the American forces that occupied to the same time the village La Paz and burned ownerships also. 2cond. That american forces into ameri can territory have not assisted to created in terests. ¿third. That tis fault of protection origi naire cause of liability that contracted the state to which those forces represented. Of these three conclusions it deriviates the perceptive basis of the polite liability that in this writing we treate doing efective Is it general doctrine of International Right maintained for Heffter Sourdat and Dalloz that the liability of a state when into it Ter ritory may meet contrary facts to the security of its inhabitants or it mav caused damages