The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-16
1hr British and American Joint CommfSsion
I'm ISosS0ou.

peNding Duty on Rongh hice-fngenious Method
Of Obtaining 1ssfimonv- Misrepresentation as 10
fts Duties 81 ne COMMUNICATIVE Florida
Bond Case--Ensbosv0ssmen of Cou,,sei-- Lord
Paisnsrsfon's Good WI.
The Joint Commission now sitting in this city for
the adjustment OF certain claims OF American citi-
zens @ the British government, and of British sub.
Jects on the American government, is very much
engaged IN investigating the cases before it. About
one hundred and twenty have been presented. two
thirds being English and several have been decided
out as yet these decisions have not transpred ex-
cept In one or two Instances. The British govern
ment has, understand, agreed to refund the duty
unlussy imposed by 1t on rough rice imported into
this country by American merchants and the sum
20 be returned on that account amounts TO forty
thousands pounds, or about two hundred thousand
dollars.
This claim was refused for many years BY this
government, and it was brought home 10 them in
Enthusiastically American manner. By the treaty
OF 1915 1t was agreed that rough rice should be adj
mttted into Great Britain in American vessels on the
same terms granted TO the most favored nations.
This fact plain, and was acted upon by several
American shippers. The rice was admitted, but
not duty free the shippers had reason to suppose
They were aware that rice imported from one OF
the English provinces on the African coast was
exempt from duty, and claimed the admission OF
theirs under the treaty on the same terms right.
The right was never denied by Great Britain but that
government did deny that these African colonies were
30 favored ana therefore imposed high rate OF duty
The American merchants being confident they
were correct, paid the demand under protest; and
AZ last, finding there was no disposition the part
oil England to return the money uDjustly exacted
except on the most positive evidence that il was
wrongtuiy demanded, sent vessel laden with rough
rice to Sierre Leone, and there sold the cargo.
bought it. and shipped it in American bottom to
lsonton where it was admitted duty free as com
ing from an English African colony This fact was
Clearly established. and when brought before the
Commission, the claim was allowed. and the matter
settled BY refunding the duty so long and ul.
justly demanded. The papers proving this trans
action we're British, and consequently their veracty
was not denied.
The objects and jurisdiction OF this Commsa N
do not appear to be properly understood at home
and claims are being received here daily tina, can
neither be presented nor acted upon BY the gentle.
men COM osi1g the body. Many of those sent for
ward are excluded by their age, for the last clause
OF the Second Article, positively declares "hat no
claim arising out of any transaction Of date prior
70 the 24th OF December, 1914, shall be admissible
under this Convention" And in the third Article
II Is state that all claims must be presented within
SIX months from the first day OF the me citing OF the
Commission, unless in any case where reasons for
delay shall be established to the satisfaction of the
Commissioners, or the arbitrator, umpire: AID in
such case the period for presenting the claim may
De extended TO any time not exceeding three months
longer. NOW as the Commission held its FIRST meet
ing on the 18th of September last, the six months
expired on the 10Th OF March, and the additional
: three months terminated on the 18th inst There
fore oil Claims not now presented are for ever
baned.
Or those before the Commission the Florida bond
case is considered one of the most important as it
involves points Of law the English either will not or
cannot understand. The casosswas argued on
several bondholders present. These were repre-.
scented by three BILE counsel, against whom J. Add
SON Thomas, ESQ., the counsel and agent of the
American government, commended single handed.
The claimants under these bonds insist, that az
Florida was under o territorial government at the
time Of their issue, whose acts subject to the
= approval or rejection Of Congress, the United
States therefore arc legally euuitaby and morally
IA ia
ton, much argument was used, and much State and
federal Law qnoted, both relevant and irrelevant to
the case.
The counsel plunged along through this confused
stream Of varied authority with all the energy of
drowning buffalo in a muddy current and without
making his point much clearer than mud. The
three argued alike, and what one said is a sample
Of what was uttered by the next. One contended
thatthe legislative council was chosen by the people.
and considered that good reas IN why the United
States government ought to pay the bonds aud yet
veTnmeDt should pay them because the Governor of
the Territory held his Office from the President and
thus. BY his own reasoning, brought the people and
the federal power directly into contact. These gen
temen displayed an extensive knowledge Of Ameri.
eau law, as commented upon by Story, Kent aud
Se0gwick but neither of them seemed to understand
that the American general government is power
delegated by the people and the States OF the con
fedeiacy.
They all hang to the old English notion that
goverDmen Mt is the source OF power, which il dele
gates to the people instead OF the people being the
possessors OF power, portion which they dele
gate TO the government A leading point. and one
strongly insisted upon, .is that the federal govern
ment, by admitting Florida into the Union. with
pressiy, assumed the debts of the Territory. In
TACT, the English counsel hung their case on every
loop that odei ed, and like good pleaders did their
best for their clients. One Of them, who appeared
ON the part Of the heirs of the late Mr. James Hol-
ford, q wealthy merchant recently deceased. in
sisted upon the liability Of the American govern
ment for the $4,000 worth Of bonds held by his
clients. because the said generous promises to pay
are hea led conspicuously United States of Ame-
rica," although the body of the bond makes no al
fusion TO that government.
The defence Of General Thomas the American
counsel, was able and to the point. He declared
the claim inadmssible, and urged that the British
government 90 considered it, and hence had never
presented II to the United Statee. He stated that
Il was just debt and that Florida only was liable
for il. He refnted the assertion that the people Of
Florida the agents Of the United States as had
been urged by Of the counsel for Claimants and
proved from incontestibe authority, aud by the
soundest reasoning, that the people Of that Terri
tory at lifetime the bonds were iasned, were their
own agents; and consequently they. and they
alone. are responsible for the claim He commended
very logically, that such the opinion of the pur-
chasers Of the bonds at the time they were bought,
the price being strong proof Of the fact. For at
that period United States stock was selling at q
premium, wbereassthe bonds were Sold so far as
can be ascertained, at considerably less than what
Wa caheo LOT on their lace. MS argument was
pointed and to the purpose, but the English audi
tors would not receive his law. The debt is due,
and they wisely think Uncle Sam responsible tor
all the debts of his children whether he eutertains
the came opinion or not.
Az the points Of argument differ, this case will
become matter for the umpire. The counsel will be
obliged to write out their speeches, and in that
event months must elapse before q decision be
bad. so far there have been no cases settled, ex.
cept what were plain, and three-fourths of all will
most likely 60 to Mr.. Bates for his opinion Eng
land "a apparently determined TO disallow our
claims, II possible; and in this their commissioner
follows directly ia Lord Palmerstons track. That
statesman is most decidedly opposed TO the Amer
can government, although the contrary opinion Is
some what prevalent in America, and he never yet
allowed an American claim. no matter how we'll il
might have been founded. He has systematically
defended the British naval officers in their praticsl
OUTRAGE on American commerce on the coast Of