Weekly national intelligencer., 1851-10-18
DAMAGES WITH INTEREST.

We have observed lately in various papers notices
of very elaborate opinion recently delivered by |
the Hon. ISAAC H. Bronson, Judge Of the Northern
district of Florida, on the subject Of allowing in
terest certain claims of Spanish subjects, pro-
vided for by the treaty Of 1919, for property de-
stroyed by the troops Of the United States during
an invasion Of the Spanish province Of Florida, IN
the years 1912 and Ia; and we find in the Wash
iDgton Union of the 18th instant the Opinion insert
ed at large, with the following approval by the in
tellgent editor of that journal of the doctrines laid
down by the Judge, well of his decision in favor
of the claims:
I" The Decision of Judge Bronson on the Claim
Of Ferreira.-Seeing the great interest excited by
this decision, well on account OF the magnitude
of the claim as the principles involved, we have
placed the whole opinion of the Judge in our
columns to-day. We think that our readers, after
examining the opinion, will concur in the view
taken of by us some weeks ago, that it is clear
and forcbe statement of the injuries for which the
claimants seek TO be remunerated, and that the
grounds on which interest has been adjudged are
ably sustained"
We presume that it is the eminent ability OF
Judge BIS Opinion, well as the magnitude OF the
claims, which has attracted this general notice Of
the public press; and, having glanced through the
Opinion in the columns of the Union, we are strong
iy tempted to place it in our own for the grafca-
ton of our professional readers, but are precuded
by its great length from doing SO. We subjoin,
however, from New York paper, brief analysis
of the Opinion, which will put the reader in pos
session of the points discussed, and also Of some
"reminiscences of our history which will interest
him. As for the particular question at issue-that
of allowing interest on the claims-we should think
there could hardly be any difference of opinion on
it. We are no lawyers, but we have some know
ledge of the principles Of equity, they regulate
transactions between man and man; these recognise
no right to the use of PERSONS property, whether
lands or money, without the allowance Of interest
until the principal is paid and Governments should
hold themselves equally bound-indeed bound by
higher sancionsto deal fairly, especially towards
the subjects of foreign Powers
FROM JOURNAL COMMERCE..
DEcIsIos HoS. H. BRorsoS, Judge Of the District
Court of the United States for the Northern District of Flo
rids, in the matter of the claim of Feer,, &c the
United States, under the 9Th Article Of the Florida Treaty.
| delivered August 3Oth, 1851.
We have just received pamphlet Of 81 pages with the
above title The subect-maler has been long before Con-
Certain claims the United States under the 9th
article of the Florida Treaty of the 22d February lsl9 and
under the Of Congress Of Sd March, 1929 and 25th
June, 1884, intended carry the article into effect Ahe
claims presented under those to the Supreme Court Of
Florida have been adjudicated. The Court awarded the
principal claimed account Of property lost in add
ton thereto, interest damages for the deprivation Of
The Government has paid the principal but has SO far with
| held the interest.
The now decided original one, and is the first
Of the sort that has been brought before the United States
District Court which the unfinished business ofhe Territorial
Court transferred The decision involves not only the
claimed by the plaintiff but the right Of other pares 10
interest," part Of their awards. Judge Bronson remarks
that his previous awards Judge of the Territorial Court,
for interest," in these amount to hsa million OF dollars
and be states this for giving length the grounds
these allowances He and his predecessor Judge Reid
in the Territorial Courts had uniformly allowed interest, in
tending i ss component part Of the amount OF damages
awarded In each
The present the first in which the Government Of
the United Siates well the claimant represented
by counsel before Judge Bronson and in which this question
of interest fully discussed The result was that the
Judge awarded the principal of the claimed and also in
teres the same, of five per cent from i0th May 1873
when the loss occurred till Goth June 1885, the period fixed
BY law for filing claims.
Judge Bronson gives lucid and interesting history the
remarkable transactions which led the injuries for which
the claimants be emuneraied and, 10 the whole his
tory Of this country, there is not chapter which more dis
graceful to it. The origin of the affair s thus stated
s. For some Time previous 1912, the Uned States had
looked to the acquisition of the Provinces of East and West
Florida the only probable Of obtaining any indemnify
from Spain, for the large which she admitted to be due
from her. for spoaons and depredaons upon commerce.
and for the suppression Of the right Of depose at New Or
leans Besides this too, the geographical position OF the
Flojas such that their possession had become matter
of the first importance the safety Of the United States and
the possibility Of their passing into the hands of Great Britain
any other foreign Power looked to with great ea
lousy and dsrus and endangerDg the prospe
| rity and best interest of this Republic.
These circumstances led the passage OF the joint reso
luton and secret act Of Congress of the 18th January, ls
vide Stat at Large, VOL 3, pages All and 472 by the
latter of which the President authorized to take
sion Of the Foridas in any arrangement has been
or shall be made with the local authority of said Terri
tory for delivering up the possession of the same, any
hereo to the United States in the event Of any at
tempt to occupy the said Territory, any part thereof by
any foreign Government"
Gen. Matthews, appointed U. 8. Commissioned under
this act went into the province with large force, and set
about fonenng rebellion revolution in order to create
United States This easy, for The inhabitants
quiet loyal prosperous conten'ed and happy The culture
Of Sea Island cotton, their stap very profitable hem
the price being fifty cents pound Lumber, too, free
of charge to the Inhabitants who cut and sold II at high
prices The town of Fernsndns Amelia Island,
kind of neutral free port, which large and lucrative
trade was carried with all nations and revolution the
1 farthest thing from the thought Of the inhabitants
IL was found that there attempt purpose, the
part of Great Britain take possession Of the province and
disposition the part of the inhabitants to revolt
render the possession of the territory the United States
Gen. Mathews finally induced few vagabonds (soc cay
only four ve) among the Spanish subjects pretend to
be Paos and accept the aid Of the United Sates to be