The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-04-26

=
April %, 1851.
GEErLxMEN: acknowledge the receipt OF
your letter of the 10Th instant. making maui
res on the subject Of the payment to the Mex
lean claimants under the awards of the Board of
Commissioners recently sitting in this city, and
particularly whether parties interested in awards
made in the names of others can, upon proof of
such interest, receive their respective proper
tons from the Department, or whether the
whole amount must be paid TO those in whose
names they were made and also inquiring the
mode how, and time when, the payments would
be made to the claimants. And, in reply, |
have the honor to state that the 9Th section Of
the act of Congress of Sd March, l849, pro-
viding for the settlement Of these claims, says:
"That in all cases arising under this act where
any person persons other than those in whose
favor an award has been may be made, shall
claim the amountso awarded, or any part thereof,
and shall within thirty days from the passage Of
this act or from the date Of the said award notify
the Secretary of the Treasury OF his her, their
intention to contest the payment Of the same
awarded and shall file with the district attorney
cient security, to be approved by him, for the pay
ment OF the costs and damages arising therefrom,
the amount so awarded, and the payment of which
!: contested as aforesaid, shall be and remain in
the treasury of the United States, subject to the
decision Of the courts of the United States thereon
and thercupon the said party claiming the sum
80 awarded or any part thereof shall be at liberty
to file his bill for relief and injunction in the cir
cult court of the District Of Columbia upon the
principles which govern courts Of equity; and any
injunction thereup0n granted by the court shall be
ssa d the
and governed in all respects as in other cases in
equity"
The language of this law il 10 clear and explicit
that the Department cannot hesitate in its decision
that the amount of the awards can only be paid to
the parties in whose names they are respectively
made, or to their duly appointed attorneys, unless
adverse claimants think proper to adopt the legal
course pointed out in the above section of the law
of Congress, by giving notice to the Department
and issuing the needful injunction. The point has
been specially brought to the notice of the Depart
ment by holders of scrip in the Union and Trinity
Land Companies, which presents it in the strongest
form; for these certificates show the face of them
the exact interest Of the parties under the sigma
ture of the trustee in whose name the awards to
these companies are made. The Department,
however, has decided that it is not authorized
to make any payments to the holders Of such
scrip, except they think proper to adopt tho legal
course pointed out in the above section of the law
The provision of the law Is also explicit that all
amounts thus litgated must remain in the Trea-
sury until there has been final legal decision, and
the Department would not feel authorized to make
any payment in such cases, even to trustee who
might be appointed by all the parties claiming an
interest.
All the payments to the claimants will be made
in cash, az the situation of the Treasury does not
at present render it necessary for the Department
to resort to an issue of five per cent stock which
the law Of Congress authorized it to create for the
purpose Of making these payments. and that stock
will therefore not be issued unless the future neces
sites Of the Treasury should require it.
No payments on account of these claims will be
made until the expiration of thirty days after the
Board of Commissioners closed the awards. which
was on the 10th instant, and during that delay
parties who may have interest in awards made
in the names of others will have the opportunity of
taking the initiatory legal steps to secure their
rights agreeaby to the provisions in the section of
the law already quoted.
The payments will be made only at those points
where the Treasury may have disposable funds, as
the Department does not consider itself bound to
incur tho risk and expense of transporting funds to
other points for the accommodation of the claim
ants but, otherwise, it will endeavor to meet their
convenience so far it is in its power. There will
be no difficulty in paying any portion of these
awards by Treasury drafts on the assistant trea-
surers at Boston, New York. Philadelphia, at the
option OF the parties, but such payments can only
be made TO limited extent at other points. In all
cases where the parties in whose favor awards have
been made are indebted to tho United States. the
amount Of such indebtedness will of course be re.
tanned by the Treasury, agreeably to the express
provision of the 9th section Of the act of Sd March,
l849.
Powers Of attorney to receive any money under
these awards must not only be legally and formal
~ executed, but the signatures Of the notares or
other parties before whom they may be executed,
should in all cases be verified in conformity to the
law or usages Of the State in which such powers
may respectively have been issued.
The preceding embraces replies to all the points
alluded to in your letter.
Very respectfully, your obedient servant,
VIM. L. HODGE,
Acting Secretary of the Treasury.
Mcssrs. CHuDB, ScHENcK & Co., Washington.