The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-19


clear violation both Of The treaty aud The acts Of Con-
gess passed 10 carry into effect Without any
WhatsUsr 10 justify such REFUSAL since DECISIONS made under
lao admitted NOT TO be applicable, cannot. upon any known
legal principle be up pysesns to prevent decision
under the la0 admitted 10 be applicable 10 these cisims
"A precedent in law, is called, kg IL precedent
decision arrived at after patient inquiry into al points
bearing upon the doubtful subject by impartial ludge
who stands between above the two parties, and is re-
moved beyond The circle OF interests within which The
two lltigaling parties move
Executive sets ought never to be considered prsce
des by any but the inferior executive officer; and he
TOO must be conscientiousy convinced that the first
was not against the ts1 II we were % take every ex-
subsequent ones would be nonsrous and subversve OF
the very principles OF free government The legal pre-.
ceden, decision between pariies but in this case the
itself forms ma tv -Lieber on precedan,a ~
vol. American JuIist, 1856, 293
In the case of Tracey and Balester Swartwout 10
Peters, 9 the Supreme Court says The Secretary
Treasury boand by the tsp; and although in the exercise
his discretion he may adopt necessary forms and modes
Of giving effect to that law. yet asihsr h. those oAo
under him, dpense Dh 0lr amy Of lis provisions "
See, also, Elliott and Swartwout, ibid. 1888
"Prsesdnis the decisions of courts Vjusics To
der precedens valid they be founded in reason and
Justice. Hob, 27o-mus have been made upon Argument
and be the solemn decision Of the court, Co., 94"Bou-
vier,s Law Dict. title Precedent. P. a49
Judgments not, formerly, silent oracles which
require passive obedience; their refragabe authority
for against those who have obtained them. is submitted
to the OF when is pretended to them
up rules 10 be observed in other similar Ibid
title Reason, p 408.
"The doctrine Of stare decis is not always TO be relied
upon for the courts find il necessary override
which have been hastily decided contrary to principle
Many hundreds OF such overued may be found in
the American and English books Of reports"-Ibd, p
See to the effect, Kent 476. where that learned
author also says:
at probable that the records of many OF the courts
this country are ePee with has,y and crude decisons
vssd Without rsicance rather than 10 have the character
Of our law impaired and the beauty and harmony OF the
system destroyed BY the psrpesuity u error"
The same author chancellor Kent) after stating the
frequency with which Lord Mansfield overruled erro-
decisions OF his predecessors saws His sue
cessor (Lord Kenyon) acted like Roman dictator ap
He controlled or overrued several very important de-
csons of Lord Mansfield dangerous, innovations and on
the ground that they had departed from the presidents Of
former times and disturbed the landmark, Of properly and
had unauthorlzedly snpeadded equity powers court
OF law. IT is my wish and my comfort said that
venerable judge, TO stand super antiquas vias
legislate but BY my industry can discover what our
predecessors have done and will tread in their foot
steps ~ Kents Com ATT
decisions his predecessor Lord Mansfield and
establishing the true principles of the law The Secretary
Of the Treasury will but Joil0w this example Of Lord
Kenyon, by overrulng the recent decisions of
his predecessors made under the nappcabe usys OF the
Treasury Department and maintaining the true principles
of the public law applicable TO these cases. laid down
and established by the executive and judicial departments
OF this government from It's origin, in all similar treaty
cases. while, at the time. he will sustain the
ineres! and policy Of the United States great COM
mercial nation.
The acts of Congress require these claims to be audgd
and pad according to the provisions OF the treaty" II
under the laws OF nalions therefore, require the payment
Of the interest deceed by the courts. the legal and
proper of the claimants damages. then the acts
necessarily require such payment, since they expressly
make the treaty the governing law.
The following memorial to Congress- and report OF the
Judiciary Committee of the Senate, unanimously adopted BY
fully affirm
the acts already passed to authorize the payment OF
whatever the treaty requires;
MEMORIAL TO CONGRESS.
To the honorable the Senate House Of Representative of tho
United States Of America in Co"srss' assembled
The undersigned begs leave respectfully to represent to
your honorable bodies that he is claimant. under the
existing treaty between Spain and the United States for
the indemnity stipulated by that treaty in his beha and
that of other subjects of her Catholic Majesty for the
spoiaons committed by the troops Of the United States
upon inhabitants Of Florida, anterior the cesson OF
tina, Territory by Spain TO the United States
That. by that treaty, The United States stipulated to
cause satisfaction TO be made for the injuries, il any,
which, by process Of % shall be established have been
SUITE red by the Spanish officers and individual Spanish
inhabitants by the late operations OF the American army
in Florida"
That. for the purpose Of carrying the said stipulation
into eject the Congress OF the United States have passed
two dated the Sd March, 1923, entitled IAN act
to carry into effect the ninth article OF the treaty." &c,
and the other the 26ih June, 1894.
That by these acts the judicial tribunals which
sustained, designated and required to adjust adj
judge the claims agreeaby ito the provisio~s ox treaty."
and provision therein made for the payment OF the
said claims which should be so established.
That the claim in which your memoralist is with 9TH
interested has been sslobhed by the final decision
OF the judicial tribunal designated by the said Of Con
gress and YET, Notwithstanding, whether from msin
erpretaon OF the before referred to, from what
other cause the has been only paid in part and
the payment Of the residue has been hitherto refused
delayed although the terms of the treaty explicit and
its ulhlmen has been urged by the minister plenpoen
iary Of her Catholic Majesty
Wherefore, and in consideration OF the premises, your
memoaIist respectfully prays the Congress of the Uni
ted States to pass whatever additional act may be neces
say carry the said treaty into full and complete effect
bodies TO affirm the efficiency OF the existing laws TO
authorize and require the Secretary OF the Treasury 10
pay the full amount s Judgment rendered in behalf OF the
estate in which your memoalist is interested by the Judi
cal tribunal designated by the said And your
rialist will ever pray, &c, &c.
In behalf OF HIMSELF j. d. Bellechasse. and the other
legal representatives OF John Forbes deceased, by his
agent and attorney,
CHA +. SHERMAN.
WASHINGTON, d. C., February, 1851.
OyrIcE SEcarrAav THE SENATE u. s..
March II, 1851.
certify that the foregoing is true copy OF the orig
nal memorial OF Charles r. Sherman agent and attorney,
&c, on file in this Office, -
ASBURY DICKlNS,
Secretary Of the Senate.
ACTION or THE SENATE.