The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-24


~ engagements with the United States; and that o
large amount of injury has thus been inflicted upon
American citizens, for which she is bound to make
compensation. The obligation Of the government
ofthe United States to demand and insist upon this
act of justice, has been frequently and so dis
tinctly avowod and recognised by it, that il will be
unnecessary to go into an argument to sustain the
existence of the duty.
very serious and interesting inquiry remains
How shall this obligation be enforced, and this duty
fulhledl Il may be answered, that it will be done
by some arrangement made between the two powers
for even should Mexico be SO lost TO all sense Of
justice and OF policy as to declare war against u.s.
still such war must be brought to a close, and
terms of peace be agreed upon. independently,
also, of the questions growing out of wrongs perpe-
trated upon czens there are great questions OF
boundary to be arranged, which must be adjusted
by treaty,
Assuming, therefore, that the government of the
United States will, sooner or later redeem its pledge
of obtaining that remuneration for these wrongs,
which has been so repeatedly and solemnly prom
ised we shall proceed to inquire in reference to the
claims themselves, what course of proceeding is
open to the executive and what is that which will
commend itself to its Judgment
In conducting this examination, valuable lights
may be thrown on the subject, drawn from our
own past history, and from the principles hereto
fore recognised and established by the government,
as well IN relation to such of citizens as alleged
themselves to be injured as to the foreign nations
who were the perpetrators of these wrongs.
The first ance which M
was with Great Britain, with which nation many
embarrassing questions had grown up since the
treaty of peace in 1888. Many of these questions
were of an exclusively political and national charac-
ter which need be noticed only so far as to remark
that they were conducted to an harmonious conclu-
sion by the treaty Of 1874. But very important
subject to be arranged was, that of claims of citi-
zens of the United States, who alleged that, during
the then pending war, "they have sustained con-
siderable losses and damage by reason of the illegal
capture or condemnation of their vessels and other
property, under color of authority or commits
SONS from his Majesty; and that, from various
circumstances belonging to said cases. adequate
compensation for the losses and damages so sus-
tanned cannot now be actually had and obtained by
the ordinary course of judicial proceedings" These
cases provided for under the 7th article of the
treaty of l794-( Laws United States, p. 24l.) 1t
will be remarked that there is but single class of
cases comprehended within this provision, viz for
illegal capture and condemnation under the authori-
ty of the British government; that it embraced and
in fact, was mainly confined to, cases in which the
capture had been sanctioned by decree of condemn
alton in the British courts ofadmiralty and third
y, that the treaty, by pronouncing such captures
and COMBINATIONS illegal, had already dis
posed of this preliminary question, otherwise
full Of embarrassment, and conceded that the
orders from the British government were wrongful,
and that the most solemn adudicatons of their
admiralty courts were confessedly illegal, and inn
posed upon the government of Great Britain the OBJ
legation Of making full compensation.
In discharge Of its own acknowledged duty to-
wards its citizens, the government of the United
States instructed Mr.. JAY eminent for his high legal
at ainments, to examine infinitely into these cases;
the Secretary Of State, also distinguished lawyer,
profered TO furnish his views, together with all
the information in the possession Of the depart
ment. Not satisfied with this, on the recon-
mendation of Mr.. Jay that the United States should
individual attention to this business, the Secretary
of State in his despatch to Mr. Jay, Of October 90,
1894, says: Son Tuesday next, the Adriana
will carry to London Mr.. Samuel Bayard
In consequence of your recommendation that an
agent should be sent, that gentleman goes over, with
the appreciation of the merchants Of this city inter
escd in British captures, for the objects designated
in your letter of the 23d August. When con-
vened them for the purpose of consultation they
seemed to have great reluctance to NEEDLE at all in
business which they considered as taken wholly into
the hands Of the government But, after many ex-
plantations and remarks which passed between us,
they resolved to appoint committee, who should
act in concert with me- That committee accordingly
wrote me the enclosed letters accepted their prop
osition as there expressed, because ! knew II to be
consentaheous TO the views of the President who has
this day signfed his appreciation"
Another agent "a Mr.. Higgenson) was also sent
TO the West Indies, to procure the records from the
several courts Of vice.admiraty.
One impediment which Immediately arose on
the business, was occasoned by the necessity
which existed of carrying all the decrees of con-
domination passed by the colonial vce-admiralty
courts to England for final adjudication. This
step involved the necessity of giving security the
appeal in each case, and OF furnishing the means for
paying the legal costs and professional fees in every
case. This was almost an impossibility the part
of the claimants The government assumed the
heavy duty; it authorized the employment coun-
sci Of the two most distinguished advocates at the
English bar, (Sir John Nichols and Sir William
Scott) competent and able prociors to conduct the
cases through the court Of admiralty; instructed Mr.
Jay and Mr.. Bayard to engage some responsible
commercial house in London to become security in
the appeal bonds, with full assurance of indemnify
and an immediate advance of $50 in each case of APP
peal, to the proctor.-See Doc. lOB, Gales d. Sea-
tons State Papers, Foreign Relations 40, 499, 5l3
5l4, SIS.
| In this case there was mixed commission, and
we have seen the steps pursued by the government
of the United States IN dischargng It's obligations