Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-10-22
TAoa A Lars LONDON PAPER.
Law REPORTS
CovSr OF cHaNcEkY, August Is.
Blame 81. EgDine.


shores OF the Chesapeake, were owners of
the schooner called the Friendship. This
vessel was captured by az English ship of
war, aud was sold with her cargo, under
an order of the admiralty, for 8 ,355l. lis.
I'd. By the treaty with America board
was formed, consisting of Ave comfnis.
sioaers, whose duty il Was to determine
the cases submitted 10 them by American
citizens, stating themselves TO be, agrriey.
ed by decisions IL our civil courts. supe.
rior ADD subordinate. g. w. Irving, ESQ.
lately appointed ambassador of the repub.
lie to the eoase-ef Madrid, before this no.
mlnatlon, actedia.this eouu,ryin HE ca.
paciY, not only of consul, but of Judicial
sgeat to the Uniied States. in whose name
ali deman!s were TO be made, and to whora
all sums were 20 BE paid, awarde BY the
said commissioners on behalf Of American
natives. 4 In, consequence of proceedings
before that board, the claim of Msssrs.
Williams and Carey was acknowledged for
said amount. at 5,355l. rs. 3D.: and for
t,eir account the sym was paid over, &C.
eordlaS TO the direction of the government
of the requisite. to George Williams r.
wing, Esq. The iateress of the house at
Alexandra, In this concern, had been as.
sigued over to Mr.. Blaine, the ptaintif' in
this cause, and the object Of this bill. was
10 procure the interpretation of the court,
that the agent nlght be required to deliver
the money to, him, instead of accounting
With the treasurer of the United States.
The bill had been before opposed on a De.
gmurrer, which was oger.ruled, and the
ground of the Demurrer was, shat the OBJ.
ject intended to be assigned was a chose IN
acton, apd therefore not assignable.
Mr.. Rqmllly and Mr.. Trower said, thar
NJ. Irving had received the instalmeuts
composing the total produce of the ship
aadcargo, aEterhe had sworn that he did
not intend 50 90 do. Althoughhe was sue.
ceeded in hrs consulate character by major.
general Lyman. he still was the os,ensi-
bic agent for the transatlantic citizens.
After all possible means had been employ-
ed to make this assignment available, by
the act of a moment, Mr.. Blaine was told,
that he was 40 longer the creditor Of Mr.
Irving, but of the United States, and for
his redress he must memorabilia a govern.
ment at the distance of 5000 miles. Il
was evident By the 7:h article ofahe treaty,
that the agents acting in these cases under
It were not responsible to the Republic,
but to the iudividual claimants, and the We
ry terms OF athe' award made by the COM
missioners, stated thai the money was
paid for account and on behalf of Sa.
muel Williams and John Carey, their ex-
ecutors, administrators, or assigns, and
fae&plaintiif claimed as assignee. In this
situation of ,hings, Mr.. Irving must mere.
Is be considered as the trustee of MIR.
Blaine. Then Mfr. Erviag replied that he
was public minister, aud not amensble
10 the Jurisdiction of this court; and he
further states that for various charges in
. these affairs, Messrs. Williams and Ca.
reg are Indebted TO the American go
yernment 81 and further in the sum of
3O4L on Other. concerns and he adds,
hs does not know to what farther extent
his gogevnment may be, creditors or the
merchants.
The Attorney General and Mr.. Martin
said, il wasimpossible the court could ac-
cede TO the prayer of this motion. The
first answer was. ia January s04 the Sc.
cond was in September Of the same year,
tothe amended bill; IN which the respon.
dent, says, that he had orders from the A
merican government to pay all balances in
bis hands to the treasury Of the United
States; that from that Office of 6eance, q
bill for 60, oook. had been drawn upon him
andtsa the produce Of the ship aud cargo
IN question, constituted a part of the+bal.
ances comprised in this bill. The learned
counsel thoughtis extremely disrespectful
to minister of an independent country,
to have his name so often mentioned with
indignisy and they considered tIright that
the public should be informed of the cir.