Page:United States Reports, Volume 209.djvu/71

 209 U S. Syllabas. within and subject to the jurisdiction of the United States to the extent of ita constitutional power, and the power is not in dispute. Ex parte Curtis, 106 U.S. 371.; United States v. Newton, 9 Mackey (D..C.), 226. Judgment reversed. MARIA FRANCISCA O'REILLY DE CAMARA, COUNTESS OF BUENA VISTA, v. BROOKE, MAJOR GENERAL, U.S.A. ERROR TO THE DISTRICT COURT OF THE UNITED STATE FOR THE SOUTHERN D1STR1CT OF NEW YORK. No. 104.  February 2, March 2. 198.--Deei,ed March 16, 1908. A tort can be ratified so as to make an act done in the course of the princi-' paps buaine and purporting to be done in his name, his tort; and the ride of exonerating the ervant when the mszter assumes liability is still applicable to a greater or le extent when the master is the sovereign. The Paquet Haharia, 189 U.S. 453, 469. By virtue of sa order of the Secretary of War and also by the Platt amend- ment of tha act of March 2, 1901, c. 803, 31 Stat. 897,'and the treaty with Cuba of May 22, 190, 33 Stat. 2249, the acts of the officers of the United States, during the military occupation of Cuba, complained of /n this at4ion, wen ratified by the United State, and those officers re- I/ved of liability therefor. The courts will not &clare an act to be a tort in violation of the law of nations or of a treaty of the United States when the Executive, Congre and the treaty-making power have all adopted it. The bolder of a heritable office in Cuba which had been abolished prior to the exqnetion of Spanish sovereignty, but who, pending compensation for its oondenmatior, wa z receiving the emoluments of one of the grants of the office, hdd in thiB case to have no pmporty rights that survived the extinction of uch sovereignty. 142 Fed. Rep. 88, affirmed. TE facts are stated in the opinion. Mr. Frederic R. Coudert[ with whom Mr. Paul Fuller, Mr.

�