The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-10-29

LAW REPORT.

LAW REPORT.
CouRT OF CHAsCEgY, Aug. II.
Biaisr v. Irving.
Mefrs. Samuel Williams and Iohn C,r.,.
Merchants of exandfia, on the iiiore. of ti,s.
Chefapeak, were owners ofthe fchr. called the
Friendihip. This veGel was captured BIZ an
Enghih fhip of war, and was fold with her car
go, under an order ofthe Admiralty. for s,ss5l.
IFS. I'd. BY the treaty with America, a b,rrd
was formed, conGaing Of five Comni1iopers.
whole duty 1t was to determine the cafes s;,hrnit
ted to them by American citizens, ftatinc ther-
telves to DC aggrieved by decilions in our Civil
Courts, hyperion and subordinate. CIV, Jrv-
ing, Eiq lately appointed Ambaiiador OF the r..
public to the Court Of Madrid, before his no.
minatioD, acted in this country in the CAPACITY.
not only of Coniul, bn. of Judicial Agent to the
United States, in whole name all demand. wer,
to be made, and 10 whom all fiims were TO b.,
paid, awarded by the faid Commifiioners on he-
half of American natives. In conieoyepce or
proceedings before that board, the claim OF
Me1frs. Williams and Carey was acknowledged
for laid amount of S,535l.l7s I'd; and for their
account the finn was paid over, according TO
the direction of the government of the Rspub
lie, to George William Irving, Efa. The in
terrell OF The houfe at Alexandria, in this con-
Plaintiff in this canfe, and the Object of this bill
was to procure the Interpolation of the Court,
that the agent might be required to deliver the
money TO him, inftead of accounting with the
Treafurer of the United States. The bill had
been before oppofcd on Demurrer, which
was over-ru.ed, ard the ground of that Dcmu,.
rer was, that tine object intended to be aifigne,f
was e62e in adioH, and therefore not atiiena-
Bile.
Mr.. Ronilly and MIR. Trowcr Eiid, that MIR.
Irving had received the infalments compofny
the total produce Of the fhip and cargo, after
he had fworn that he did not intend 70 TO do.
Although he was fuccceded in his Confular
character by Major General I4ynham, he fiI
was the oitenbble agent for the trans atlantic
citizens. After AL poiIible means had been
employed to make this Alignment available by
the act of moment, Mr.. Blaine was told. thar
he was no longer the creditor of RIr. Irving bnt
OF the United States, and for his redrcfs he mutt
memorial'ze government at the diaapce Ct
5000 miles. 1t was evident by the 7th article
OF the Treaty, that the agents acting in thefc
cafes under it were not refponGbIe to the Re-
pubic, but TO the Individual claimants, and the
very terms Of the award made by the commit
honers, ftated that the money WAS paid for &C.
count and on behalf of Samuel Williams and
John Carey, their executors, administrators, or
diigns, and the plaintiff claimed as afiguee 4,
this lituation of things, Mr.. Irving nufs merely
be conEdered AZ the tru1ee of Mr.. Blaine
Then Mr. Irving replied, that he wasa Public
minllser, and not apenable to the iuIiflictiou
of this court, and he further fsates that for va
rioHs charges in theft affairs. MeiIrs. Williams
and Carey are indebted to the American govern.
ment 81. and further in the fun of 3o5L on o.
Their concerns: and he adds, he does not know
to what further extent his government may be
creditors of the merchants
The Attorney General and M. Martin faid.
1t was ImpoilIbe the court could accsde TO the
pray er OF this motion. The hHl anfwer was in
January 1904: the feCond was in September of
The fame year, to the amended bill in which
the Respondent fays, that he had orders from
the American government TO pay all balances
~ his hands TO the Treafury Of the u. States !;
that from that Office of finance, bill for 60.
oOOL. had been drawn upon him, and that the
produce Of the ihip and cargo in quelton, COT.
ftituted part Of the balances conprii-d in tits
bill. The learned council thought il extremely
diirefpeSful to z minilter of an independent
country, to have his name fo often mentioned
With indignty and they coDfGcred il rieht, ,
that the public ihopld he informed Of the cir
cumGances, hewDg his complete vindicdtion.
Mr.. Romily, III reply cspreiied his appreheE.
lions, that the forms nf the Court would not
permit the caule of his cliant 10 be fupported;
out Nc ndd no dOHot OF the FlalntiHe Juflhca~
ton before the tribunal of the public, TO which
his Learned Friends had appealed. The Plain
til would have applied for an injunction, If Mr..
Irving bal not dlitindly fworn, that he would
not receive the money.
The Lord Chancellor" Here ia bill fled
Ivy Britih fsbje6t, Eating himfefto be entitled
to fun Of money awarded by the Dip Friend
hip, aud her cargo, taken by the Engiilb from
The Americans. In the treaty, the United Safes
contracted, that this Government ihould make
compensation for grievances of this nature, Ipf-
tered by their citizens. 1t was a compact be-
tween nation sud nation and con6derablc
doubt might have ariien, it either this, or any