Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-01-31

~ sssss-f - ~ = - 2 ~ 81
NTH Spain They have, therefor. :.
jected al claims Of this description eoss
pretending the seizures al ST, Ssba,t;,, .'
Bilboa. &c. IS
They have. also decided, that The mar.
circumstances Of carrying within 4.
Spanish territory. as prize Of war, Amer.
can property captured by the French. =.
the high seas, does not, cfitsslf, con.,;.
tute . just claim against Spain. All ma.
MORALS, therefore, representing nak.d
case of this kind, have been rejected
But i any act is affirmed Of the eoye,.
ment or agents OF Spain. which can in =,
manner connect Spain with the tran,,c.
lion. or even show tina; she had knovl,as.
pitts existence, while the properly wa, !.
the possession Of the captors, aud with.
herterri;ory, then such memorials ar. !.
ceiyed.
Another consequence Of this eener,,
proposition is, that the condemna,;on IS
American property captured by n.
French and carried into the Spanish terri.
tory, ard condemned while there Nv
Courts established 10 French terrtorv
does not Of itself form just ground Of
claim against Spain. And again, that in.
juries suffered by American citizens. Wills,
engaged violating the municipal laws Of
Spain, within her acknowledged limits,
or while lowering on her coasts for that
purpose, do not constitute Just claim
against Spain.
Ia ascertaining the amount of claims
the Board have also decided, that alIedged
losses, which are not the direct and necss.
sary consequences Of the original wrong
ought not TO be allowed; and they bau
rejected all claims for supposed and by.
pothetical injuries-which are denomn,.
ted claims for consequential damages, 10
distinguish them from claims for direct
and immediate injuries.
They have further decided not 10 re.
ceive any claims for injuries to The pro.
perry Of American citizens, whether ves.
sells or cargoes.) which has been pur
posely and falsely documenssd by them, az
the property Of the citizens or subjects Of
some other power. The operation oflhi,
rule necessarily excludes those American
citizens who claim Tor LOSSES sustained
while trading in the character Of Swedish
subjects, and under the protection Of the
Swedish flag.
The question. whether claims for breach
of contract made by an American citizen
with the Spanish government are, or are
not, included within the treaty. is yetb,.
fore the Board, undecided. Argument,
have been filed on bo>A sides oil the que,
ton. and the Commissioners have had them
under examination; but no opinion has yet
been expressed or intimated, further than
to signify to the counsel for claimants that
certain points bad not been satisfactorily
argued BY them. and that further tims
would be allowed them to furnish addi-
ton arguments upon each point.
You will readily perceive the difficulty
Of giving detailed account Of the deci.
sion in each particular case, since the num-
Der of memorials already examined
exceeds FIVE hundred, aud their sep
crate history would occupy more tine
than can spare, and more room than you
could assign TO the subject, without being /
of any correspondent utility to the public
You are at liberty 10 make any use OIL
this communication which you may think
proper.
am, &c.
+. WATKINS.