The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-10-21
Correspondence Of the M Y. Courier and Enquirer
RIariJa Claims.

A ouestion of international law Of much in
terest to the public, but more particularly SO TO
the commercial portion of this great maritime
nation, has after full ard elaborate argument,
been decided by Judge Bronson, OF the United
States court of Florida The point In question
was whether depreciation upon aud the desirue-
ton of property by one nation upon the subjects
of another, should enti,le the parties injured to
receive the original value of the property at the
time of its loss, and interest on the same by way
of damages for the loss of tho u'e of the pro
perty taken or destroyed. The decision of this
learned Judge very potently demonstrates the
equity and law which entitle the parties to in
terest as just rule of satisfaction, and it is so
sustained throughout, by all the eminent writer's
on public law, as to leave no shadow OF doubt,
if indeed any heretofore existed in any well
trained legal mind, The principles so ably set
forth in this very important decision, are vital 10
the commercial interest, for were they not en-
forced among nations, merchants might have
their ships and cargoes seized by any petty power
on the globe, and after long years OF negotiation
and delay, would have at last to content them
selves with receiving the value Of the property
at the time of its illegal seizure, without remun-
Grafton for the profits which might have accrued.
The case decided arose under the 9th article
Of the treaty with Spain Of 1919, which provides
that the United States shall cause such satisfac
ton to be rendered as my be decided "by due
process of law" to the Spanish inhabitants for
losses sustained through the United States army
when it invaded and desolated Florida, under a
secret law of Congress, of the 18th of January,
1911, by direction of the Executive department
of the United States The Spanish government
in ceding Florida, insisted that indemnification
should be made to its subjects for the outragcs
90 committed and hanca fha clans in
the 9th article of the treaty. before adverted to,
was inserted. Congress passed two several laws
to carry this treaty into effect; one 10 1928, the
other in 1884 which laws required that the u.
s. courts of Florida should "adudge damages,
and that if Just, within the provisions OF the
treaty. the Secretary of the Treasury should pay
The amount so adjudged"
The Secretaries of the Urea ury had been in
the habit of treating the DEGREES of the dyes
as domestic cases, under the u-ages of the de
partment, and withheld the interest Gas dam.
ages) until the time of Mr. Walker, who con
sidered that the case arose under treaty stipu-
lation, and should be decided by the rule Of
public international laws, and submitted ques
ton to the Attorney General for his opinion on
the subject 1t is we'll known that Mr. Reverdy
Johnson had commenced preparing favorable
opinion, which was arrested by the death OF
Gen. Taylor, and change OF cabinet la Feb
ruary, 1851, Edmund de Pestre memoriaized
Congress to pass whatever additional act might
be necessary to carry the treaty into full effect
The memorial was referred to the committee on
the judiciary in the Senate, and that committee
reported unanimously that no further leg ,lation
was necessary, that the acts, intended to carry
into effect the provisions of the treaty, were
adequate to furnish relief co-extensive with the
obligations thereof
MIR. Crittenden, in recent opinion asserts
that the rule laid down by the Florida judges,
was Just, and in accordance with the public law
which rules such cases, and which has been
maintained by every administration, from Wash.
ington down to the late treaty with Mexico.
Although the amounts involved in these cases
are Of some magnitude, it is thought it will no
longer be withheld The Spanish minister has
already written two very urgent and earnest
letters to the State Department on the subject;
and as Mr. Fillmore has proclaimed his deter
mnaton to see that the treaties be faithfully
executed and the laws promptly administered
it Is really hoped that no further delay will be
encountered in carrying into effect the DEGREES
of the United States Court.
| have been thus particular in preparing n
brief history ofthis matter, which may be relied
on as ACKNOWLEDGEMENTS | thought the subject
to be one Of interest to your commercial
readers