The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-20

partment of State for relief, which, in III,
first instance. to that end, directed unofficialll
with the government of the Netherlands; which
instruction having been complied with, and re
naming without reply for upward Of a year. tn,
Department of State on the l4th September, 1877
on the petition olio 2O6J annexed, made an oficia
communication, of which copy is annexed (folit
2H,) through the same charge This communi
cation remaining alike unanswered for clever
months, another and a more earnest appeal, Of
which also a copy is annexed, folio 223) was
made on the 18th of October, lS4S, anu, like it's
precursors, has been marked by the discourtesy Of
a continued silence to this day.
our petitioner submits that, in view OF the dis
| courteous treatment with which those several
communications had been received, so unbecomipg
the national relations with government then 10
amity with that Of the Netherlands, and so incom-
patible with the dignity of the department, the
Secretary of State could not else than feel il ncum-
bent him TO abstain from further diplomatic so
hcifation In behalf of your petitioner, and recon-
mended this application by him TO Congress.
Your petitioner, in duty bound, as he conceives
himself to be, by International law and practice,
before Offering for consideration this application,
show not only case exhibiting" manifest denial
OF justice" but with it, too, the evidence of every
just and reasonable preliminary effort on his part
to avoid 1t, trusts il will perceived in the detail of
facts ne has now presented, he has not unduy ex-
tended them beyond the necessities of the occasion
under which he finds himself constrained to pre-
sent SO yoluminous relation of the incidents of
| his position.
| The hope of redress through the action of the
Department of State having thus been xhausted in
fruitess efforts to obtain of the Just
claims of your petitioner, the duty is imposed upon
| your petitioner to ask OF yonr honorable body, as
he now does, " an equitable examination of such
claims, IN such mode as may be deemed best by
your honorable body, and in order that such fur
ther action may be taken thereon as may be
deemed conformable to International law and
usage.
| The Department of State, at the request of your
petitioner, having been applied to for such ascer
tainment under their direction, a reference was
directed to the Attorney General of the United
States for such purpose, before whom, or such
commission as your honorable body may name, or
in whatever manner may be deemed most just and
equitable, or conformable to the usages of interna-
tional law, your petitioner would respectfully ask
that such entertainment may be had, in order to
base tbereupon such further action for the satsfac-
ton OF the claims OF your petitioner may be just
Your petitioner respectfully begs leave to refer
back TO folios 60 to 63, and, upon the suggestions
there made by him, to submit TO your honorable
body WHETHER upon the considerations there stated,
your petitioner may Justly claim of his own govern
ment the satisfaction OF what shall, on such as
&C rtainmen, be found due him, in the event that
payment cannot be enforced from the government
OF the Netherlands.
The Supreme Court of the United States in the
case of McFadden and others against the schooner
Exchange, referred to in the brief annexed, hav-
ing established the principle that the well founded
claims Of an individual upon foreign government
with which that of the United States is relations
mails of the United States, by its decision subject
ing the hbellants in that case to costs for not
having sought and obtained Gas they afer-
wards did) redress and satisfaction before the
department OF State; and your petitioner having,
conformity with the principle thus established,
applied TO that department, and through its media
ton, been wholly unable to obtain redress, he
trusts that il will be seen by the references to that
case and others given in the brief that the redress
OF the grievances OF your petitioner rghtfuly lies
before the Congress OF the United States, in the
manner and form which your petitioner has bythis
memorial adopted
Your petitioner, therefore, conceives and sub
mits, by International law and requirements, Con-
gress assumes, for all the purposes of his applica-
ton, the relation OF court OF justice to your petit
toner, before whom, no less than in other cases,
" there can be no wrong without remedy" and
such, tit will be abundantly seen in the brief,) in
its controlling influence over its courts, and in
some instances, with the States General of Hol-
land, in its legislative and executive functions
was the well established international law and
usage of the government of The Netherlands at the
negotiation and adoption of the treaty now existing
between the governments of the Netherlands and
of the United States.
For two or three years prior TO the ultimate ne
notation OF the terms and conditions of that treaty,
,s,s curing tne revolutionary war of the United
the treaty, John Adams, Esq, and his associate
commissioners, sought to negotiate the loans to
the United States referred to In the brief, the con-
summation of the first Of which loans was not eff
fected until the recognition OF our independence by
the EUgIisn government. mat done, the treaty
and the loans were both effected at the same times
and with view TO the better security of the first
loan, as then proposed, the eighth article of the
treaty was negotiated, amended, and adopted by
Tie treaties of the United States with for
egn governments are acknowledged aud de-
declared TO be the supreme law Of the land.
The eighth SEE ton of that treaty, In exist
ence when the claims of your petitioner ac-
crued to him, by the reciprocity terms Of the
tTeay, gave 10 your pc ttioner the same rights
against the government Of the Netherlands, its
subjects, ana their property, for the debt due your
petitioner, that the government OF the Netherlands
had sought to obtain for Themselves and their sub
jects by that treaty, and which they thus did OBJ
tain, not only for the first loan, but for those sub
sequently made, enforcing satisfaction mutually by
both governments, in the cases Of both public and
private Indebtedness. Under the proviso at the
close of the section, il will be that the right is
given and taken by both overnments to seize, de-
tain, and arrest ships and vessels, and all mer-
chandise and goods in general, of either of the
contracting parties or their subjects or citizens on
account Of debts, If made by the command
and authority Of justice, and by the ordinary
AT the time OF the adoption of the treaty. in I7s2
the powers aud jurisdiction Of the Supreme Court
were not defined; nor would they, as your petit
TONER conceives, now be competent TO the exigen-
ces OF your petitioners position.
IL they were adequate, they would be, when
put in force in the exercise Of vested right of the
citizen, beyond the control OF Congress; and 1t
would internationally be unsafe To place the power
Of embroiling our country under the control Of an
individual sutor. BY the treaty, the right Of your
petitioner, If given, being acquired, rs equally
placed beyond control. The mode Of enforcing
those rights internationally, as your petitioner
conceves is exclusively within the dominion Of the
legislative functions of Congress.
IL will be seen IN the TRANSACTIONS from Bynker-
shock annexed, (a,) in the case in Crancb, (b,) in
the case in Dodsons Reports OF the British brig
Howe against the Dutch ship ofwar Pnns Fred
erck, (c) as well as in the numerous cases Of the
exercise Of the use Especial reprisas by the Dutch
sucS r,sbts ,hougS - uoiis,d - nav Se ;nd,c;o,
legislative, when exercise by other nations, are
kept under legislative discretion and control, but
are in the nature OF judicial enforcement OF pr-
considered in no degree more offer or more apt
as an occasion for an International disturbance or
dissatisfaction than should be the exercise Of a
similar right between individuals in an ordinary
court OF justice, on an ordinary appeal for the
ceIlainmenf and enfnrce menf Of a nrixafe rinhf