New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-06
WASHINGTON.
Character of the Florida Claims.
Correspondence q The Tribune. -. =,

Correspondence Of The Tribune n, ~
As recent circumstances nave OiOa'0
considerable degree Of interest IN ihese 49,,
as they are likely hereafter to a''rac' -
Twill give briefsketch Of Their origin - -
,hink his;orical associations 'hous" wv
.rc,er, date. viii lend further interest M.
aho'ht .a'. new 70 many readers Of TIE Tribune
1s,o-1a an intense desire existed IN the SOUTH
iha' - ~ the country 10 relieve Florida, then
GU sorrishng Spanish colony, Of her wealth and the
,by,dcm Of Spanish possession-tne same oesHe 'a'
,o,yy exists with reference 10 Cuba.
Accordingly, band Of "Fllibusters7 descended
uron the Peninsula and, in the language Of an Anne
rcan officer in his report to the Government tie"
,,aek ,fas marked Ly pags, c9nfagratoa AMI m'TtT
Tn,y fund East Flor.da happy proUu.ee they left
See,lafou~ Mr. MOEROE's Government le'OSihN0u
he act and sent L. :. troops 70 ald IN iakihg PJ
sion Suain then az war with England, Was SitL "
treat Tor the sale of her Territory. II was one OF e
rincaI II not the principal provisions OF that treaty
iSpan did not get much that the United Sttles oIu
nav the damages sustained BY the Spanish lnhaoll-
ants from the lawless incursons OF the i4rauuciS
md the limited States troops, which damage Shooid
ho aecertained by process Of law" under Chllel
states authorty-the aggressor thus having every
thing in his own HANDS. o,o r 1000 C,
Tfe treaty was negotiated in 1919. In 1873 Con-
o,ess aubofzed "the Courts established at - Agus-
inc and Pensacola" 10 receive ana ADJUST inc
claims arising under tins treaty resorYhg 70 the sec
crefary Of the Treasury power 10 REJECT lhe AWARD
ing II IN his Judgment they failed 10 come whn the
provisions OF the Treaty. $500.
Thee commissioned Courts, acting under treaty
ftpuiaiiOns, OF course, proceeded under the laws anu
usages Of nations IN finding the awards -....
II has lorg been settled prmclpie anu plao1l0o
among leading civilized nations to receive and pay
interest as part the damages IN cases OF seizure or
destruction of property For instance IN case OF SCI
znro or destruction Of vessel, her value ana inter-
est on that value, up to the PERIOD OF payment Is cor
sidered equitable damages. ne same Coihlh l
sense and common law principle obtains between
nations as between individuals Ihls Is so alu GOWN
by all the commentators on the Law OF Nati9hs,
V.TTEI wheaton,, KENT, GRoTIus and others. Inc
limited States Supreme Court has affirmed II, ana our
Govorpment has maintained II IN cases arising with
other Governments, scores upon scores OF times ,
Justice STORY says that the proper measure OF
damaccso in case Of Illegal capture OF vessel IS
tLS ry,,re ralue and interest 10 the dayof judgment"
In accordance with these principles ana uSages uI-
der which they were bound 10 ac the rioriud Couts
awarded the claimants, as damages, the PRIME Value
and per cent interest, that Dehg 1he lee l"Ic III
the Territory al that time ,,
The United States Judges were 10y no means noe
raj with the poor robbed Spanards ior they only
gave sIOO 600 Of awards out Of $222j,OO0 OF claims
In one case where II was clearly proved that plan
tation and its appendices which was wholly wrecked
and lis owner driven TO Cuba, was worm SiVO,VOU,
The claimant got $27 900 awarded part OF which ne
is vet waiting for When the award at last came up
for payment having been delayed by adverse depart
mental decisions and explanatory acts OF Congress ior
twenty-five years the then Secretary oithe treasury
apparently without looking INTO the case at all ue-
c,ded that interest could be at0tccd aS not an
accordance tcith the usage Of the DepartmentCD IS
the necessary rule of the Government not TO pay
interest IN ordinary transactions with individuals, as
should It do So large creditors would let their claims
lie as an investment, for the purpose o! accumuatlng
interest process which would subject the Govern
ment 10 endless debt.
Under this rule the Secretary made his decision,
without taking the least notice OF the fact that the
claims rested upon solemn treaty supulatlonS Ter the
payment Of damages and therefore could not be sub
iected TO domestic rules and usagcS.
The principal only was admitted, and even That
has been doled out through many years, and Is not
all paid vet The claimants demuued 10 these de-
clsions and have ever since been endeayorng 10 ob
tain what they were awarded by the United States
Courts. This is the sum and substance OF the Flori-
da claims.
Mr. WEBSTER has recently gwen an opinion IN IA
voT of their validity IN his usual lucid style, IN which
he pOrtays the binding obligations resting upon tins
Government to pay those poor wronged Spaniards
with such force and dire cnesS that he leaves no loop
hole through which any watch dog Of the Treasury
can crawl Mr.. CoRWIN also gave an opinion repieie
with powerful argument, upon the leganty ana NOR
al Justice of paying the vrOnged claimants al once
and TO the full amount OF their dues -, e-,...
The Law Officer Of the Treasury, Mr.. Sohcdor
CLARK has also recently given an official OPINION III
favor of the Justice OF these claims, cvlncng grcat
ability and research which is so clear ana coh'hc-
Ing that It would put such case at rest IN the Su-
preme Court beyond the possibility OF doubt.
An objection now made by the Attorney General
is that the Territorial Courts OF Florida (ca'ch itsdi-
Ia dtctded the CLAIMS 10 prcPdD we're not COhst-
tutonal Courts. The claimants therefore ask thaI
they may be sent back to the present Courts which
are UNREASONABLE IN this respect, and have their
claims readjuciatcd II canno, be possible that the
Government Will decline such a proposition, ana
believe is IN fact understood that VIII DC assenieo
10 WoUTER Won TWILLER