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

Documents
SAosOinx .Aai the Florida eams ssy cases governed
by iAs lssss ssases II ~son and that they
been considered BY ne Treasury Department soih reference 10
Aose and sayss .iso report Of the Judiciary Com
~s u,ans"Ousiy adopted by Tie Senate hO'Oi's lsi ne
sris1s ls'os arc SUFFICIENT 10 ths entire ano"" % -" "
cyees Qf the Florida courts
The Attorney General OF the United States IN his re-
cent opinion upon the Florida claims, under me yn arr
Gle Of the treaty of 1919 with Spain, admits tpa he
snsssws " damages adopted and applied by 'he rio'iua
courts 10 the proper one under the aos and usags na
tons His language IS as follows
"Considered however, as general question depend
ing on principles of law, confess ! am now strongly
inclined 10 concur in the opinion OF MIR Writ, that ndem
MITIGATION or satisfaction for property illegally taken or
destroyed includes not only ITS value out interest upon
property and should probably advise you, in the par
tcnar now before you, 10 adopt that measure OF
compensation if different rae in respect to the allow
ance of interest in the class OF cases. had not been
so thoroughly and long established in your department
10 make II, in my judgment. binding upon you"
The language of Mr.. Writ, as quoted by Mr.. Critten-
den is as follows:
necessary part OF the Just ndemnhcaon awarded by the
Emperor OF Russia"
The Attorney General also admits that these cases. as
treaty cases. governed exclusively by the aos and usages
mso and not by any muaicipai la,o or usage His Ian
guage 10 a. follows:
!" II this" e resort to our municipal laws or usage)
were permitted then the ler loci Of of the parties,
unknown perhaps to the other, would be made to
govern the meaning OF treaties in violation OF the most
isdpsiaI prineplss Of the public la,u. The coMpAcrs
and these that se OF
compacs should be interpreted according TO lis proper
general sense understood by the civilized world and
regardless, Of OF different special sgnih
cation which local ss0 local usage may have given to
any of is words or terms"
The following papers will show that no on. Of these
claims has ever been decided, at the Treasury Depart
ment. under ne IaUs and uages Of nations" which the
Attorney General now declares alone govern them but
that they hye been uniformly decided under the
ssxsetps! 1se OF the Treasury Department in domestic
cases. which the Attorney General declares TO be totally
sNsppicsbie to such treaty
Letter Of Mr. Sherman the Secretary Of The Treasury
WASHINGTON, July IA. 1851.
SIN will thank you to inform me whether the right
of any of the claimants under the 9th article of the treaty
of 1919 between the United States and Spain to the IN
itre decreed BY way Of damages by the Florida judges
has been decided by the department under and by
The isaps and wsagss Of naiions whether, The
traTy the right Of the claimants to such interest," has not
uniformly been decided under the usage Of the Treasury De-
pertinent in domestic cases. not TO pay interest unless ex
pressly authorized by Congress. This information is
wanted to be used IN cases now pending before the hon
orable Mr.. Graham. Secretary Of the Navy acting
Secretary ID interim OF the Treasury
have the honor to be, very respectfully your obeden
servant,
CHARLES E. SHERMAN, Attorney.
To the SECRETARY OF THE TREASURY.
Letter from Mr.. MeCiintoek Young ote Chg Clerk Of the
Treasury Department, to Mr.. Secretary Cor,oin
WASHINGTON September 10, 1851.
!.
stan enclosing to the letter OF c. f. Sherman, esq,
addressed to the department the l4th OF July last,
have the honor TO state that SO far as had any agency
in acting the Florida claims under the OF Congress
of 1884, my reports to the Secretary OF the Treasury in
relation to interest were founded the practice and
usage OF the department in relation TO domestic claims
The question: as 10 the action OF the department being
governed by the lop and usages of nations" never
presented TO me, whilst required report on the
awards made by the judge in Florida; and am
that such question raised thought OF,
whilst required 10 act the claims of the inhabi-
tants of Fonda under the treaty with Span required
to be decided BY the Secretary OF the Treasury by virtue
Of the act OF 1884.
The question of interest, as far as have any know
ledge, was uniformly decided under the usage Of the
Treasury Department IN domestic cases that is not
to ray interest unless expressly implicitly authorized
by Congress-"
proper TO state that for the last two or three years
before left the Treasury Department was relieved
from any action on those CLAIMS and therefore cannot
speak positively whether this question. to the opera
ton OF the laws and usages of nations was brought
before the department with respect 10 its decisions
speak confidently, however, when assert that during
the whole period OF the administration OF the late la
mented Mr. Woodbury. and Of several OF his successors
whilst had to examine such claims, the first question
asked by Mr. Sherman entertained BY any of
them or BY the subordinate officers of the department.
VINO mad IN the hrs instance TO report on the awards OF
the Judge under the acts OF Congress.
l again repeat that considered we were bound by
the universal rule respecting interest domestic claims
and there be doubt that coming to this concu
aoa, we were msled by the fact that nearly all OF the
claimants became citizens OF Florida alter cesson 10
the United States
am. very respectfully, your obeden, servant.
= McCLiNTOCK YOUNG.
Hon. THOMAS CoRwIs
Secretary of the Treasury.
p. 5. Mr. Shermans letter is herewith enclosed
Report Of Mr. Harrington Chief Clerk Of tie Treasury De-
pertinent, 10 Mr.. Secretary Cor,cin
certify that the practice Of the department in regard
to the Florida claims for losses ~ and 1sl3 has not
been changed since the late chief clerk, Mr. Young.
signed the charge thereof They have been treated do
nestle claims" and therefore the application OF the claws
into consideration the decisions of the department
thereon.
GEORGE HARRINGTON. Chief Clerk.
TREAsunY DEPARTMENT, Sept 49, 1851
Latter Of Mr.. Secretary Cor,cin to Mr. Sherman.
TREASURY DEPARTMENT,
September 30, 1851.
Sir In reply to your letter of the i4h July last,
speeting the pursued by this department in decd
article Of the treaty OF 1919 between the United States
and Spain transmit herewith, for your information,
copy OF q report by Mr. Nee. Young late and for many
years, the chief clerk OF this department. with the cert
hcae OF the present chief clerk by which appears
is decisions were not governed by the laws and usages
OF nations.
Very respectfully. your obedent servant,
THO CORWIN.
Secretary OF the Treasury.
CHARLEsE +. SHERMAN, esq
Later u Hen. c. Spencer late serstary of The T,sssury 10
Nh. Sherman
ALBANY. September 8, 1850
Sra In answer to your inquiries respecting the grounds
OF the decs'ons OF The Treasury Department while