The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-04-22
TRElsuRY DEPARTMENT,

81 confines, and Of letter Fl ON MIR. Armftrone
accompanying the fame, are herewith tranfmit-
ted. 1t is believed that the proof, of ownerfhp
will be eaiily obtained, and the difference on the
right to comniflion having been adiufted, no
difficulty is appeheuded in the fettlement oft the
accounts. But law is necehary to authorize
the fettlement Of accounts at the treafury, and
the payment to the proper claimants as no
bills or orders drawn by the miniiter oe the u
5. In the ufual form, accompanying the tram
fcrpt of liquid3tion and the officers of the trea
fury have no authority under the exiting law,
to decide who are the real owners.
have thehonor to be, sc.
ALBERT GALLATIN.
Hon. i. Randolph, Chairman oftbe
Committee Of Wars and Means.
COPY
PARIS, Nov. 81, 1905.
SIR,-Herewith incofed is lift of liquidati-
ons made under the treaty of 1908, between the
U. S. and the government of France, certified
by the mnifter of the public treafury, and now
tranfmitted 10 you for payment, under an ar
rangement made between that minilter and N.Y.
felf on the fifteenth OF June lait. note of
conversation between him and me, which pro-
duced this tranim!ilion, is fubioiued.
am, fir, with gre,t refpea, etc.
JOHN ARMSTRONG.
THOMAS T. TUCKER, ESQ.
Treafurer of the United States of America,
Warrington.
NOTE
Of a conversation whcbtook place, on the 5th
OF June, 1905, between MIR. Barbe Marbois
and myfelf, on the abiett Of certain liouida-
tions, under ting treaty of 1908, and the
claims, respectively, of Fulwar Skipwith, efu
and Jofeph Fenwick, to receive the bills if1ua-
bic thereon.
W. IaT hy NJ a.
much as the liquidations had been made in the
names of ]. Fenwlck's conlttuents, the bills
ought TO be drawn to them and the rather, be-
cauie though Mr.. Skipwith prefented himfelf as
attorney for certain perfons, claiming to be
owners of the vefIels to which indemnities had
been accorded fill, that no fufficient evidence
of their being fuch, had been offered by him
(Mr kipwth.)
the arguments drawn from the facts of the
liquidation having been made in the names of
MIR. Fenwick's continents, it was anfyvered,
that neither the treaty, nor the ufage under it
made the liquidations alone, conclulive evidence
of the property; that in many cafes, Iiquidat-
ons bad been fent back to the council general,
and BY II confronted to the view Of the two min
ifers.
As TO the Cd argument, viz. That Mr.. Skip
with had not offered fuficient evidence of the
ownerlhip of his conittuents, it was anfwered
that it matters little from whom the evidence of
ownerhiP came, whether from Mr.. Skipwith,
or other perfon, provided the evidence was in
itfeffufficient that the difinetion taken by the
minifter, 70 far from Importing the objection,
made againft it. becaufe, though Mr.. Skipwith
might not have preferred any evidence compe-
tent to his purPofe, yet that Mr. FeHwick had
iuPPlied that defect; that in paper prefented
by him, MIR. FenwiCk), as a Transcript from tine
coniuar books of Bordeaux, and of cotempora.
ny date with the embargo, the couftituents of
MIR. Skipwth, are recognized as the owners
that it will not be commended, that the evidence
OF this paper, is either dmnifhed or deltroyed
by the circumstance of its having been produc-
ed by MIR. Fenwick, for another purpofe and
ait'y, that ITS authority has been deemed fluff.
Gent IN other cafes to regulate our payments
Admitting, however, the fact, that no fluff.
cient evidence had from any quarter been pro.
duced, OF the ownerlbjp commended for by Mr.
Skpwith, fill, 1t by no means followed, that
the bills could be drawn to the conRituents OF
Mr.. Fenwick.
N. Becaufe according to his own fbewing
tbeie Conltituents were not owners, but agents
whole authority was merely incidental to the
relation they bore at the time to the fhips en-
bargSed, and which necenariIy terminated with
that relation, uniefs revived by new powers
from the owners, which in none of thefe cafes
appears to have been given.
Cd. Becaufe, bad their powers been revived
IN this form, and were they now operative
unleis they gave an entire controul over the pro
perty, the agents would be precluded from re.
covering the bills in their own names, under
the general rule, that 4" bills were not payable
to the order of agents, whole powers do moi
extend to the alienation of the claims reprefent
ed by them"
And 3dly. Becaufe, were the bills drawn a.
greeablyto the liz ofliquidations, fee nothing
that could afterwards impair the titles of the
captains nor any means by which the owners
could compel them to pay over the monies re.
celved by them.-Tbe Iiquidations and the bill
mutt be regarded by the treafurer Of the United
States, as the highet poflibIe evidence of the
property. No attachment, of courfe, could
lay there, nor could the jurifdieton Of our
courts (sny more than the powers of our trea
-. l. ..