Case Digest: Underhill v. Hernandez 168 U.S. 250 (1897), November 29, 1897

 Public International Law | Act of State

Facts: 

  • The 1892 Revolution in Venezuela led to General Hernandez assuming leadership after defeating the legitimate government's army.
  • George F. Underhill, a US citizen, provided a waterworks system and machinery repairs for Bolivar under a government contract.
  • Underhill requested a passport to leave the city from Gen. Hernandez, who refused, aiming to coerce Underhill into operating the waterworks and repair works for the benefit of the community and the revolutionaries.
  • After eventually being allowed to leave, Underhill sued in the United States for damages due to the denial of his permit to leave, alleged confinement to his house, and assaults by soldiers of Hernandez's army.
  • The US court applied the "act of state doctrine" to deny Underhill's plea, stating that it couldn't review acts of foreign governments within their own territory, emphasizing the separation between judicial and political branches in handling such matters.
Issues:
  • Whether the acts of the government of Venezuela can be subject of review of a foreign court. NO
Held: 
In denying the plea of Underhill, the U.S. court ruled with what is now known as the  “act of state doctrine.”

Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory. Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.

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