The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-02-25

=
jndUes before whom these claims were first presented
have no knowledge but 10 the recent cases which have
been tried before the Judicial officers OF Florida a9
know that the United States government was represented
by It's district attorney What may have taken place prior
10 that cannot say believe that the referred to by
the gentleman from South Carolina IS one OF those mat
come within my own knowledge.
Mr.. ORR believe that il was presented under the act
Of 1919
Mr MAXWELL Well sir the act Of ls4o did not give
them any powers impose upon them any duties different
from those which before existed IL only granted an ex
OF those claimants who bad not presented
their claims Ii does not therefore, vary the position OF
facts in that connexon.
Mr. Speaker the fair presumption is that whatever the
judges Of Florida might have been disposed TO DO the Sec
etary the Treasury would have scunized these cases
and would not have allowed OF them to be paid I'M
der that supervisory power which he claims for himself
unless he had been satisfied that il was not only within
the of the tresty but just IN the amount claim
ed do not rest this upon presumption. The fact
is that all the Secretaries who have had nythng TO do
with these claims have scrutnzed them such extent
reduce of them in amount not only SO far ms in
eres concerned but in the principal, also and am
but that they have dsallowed of them al
together However that may be- it Is certain that they
did scrunize them to such degree that many of them
down, and largely cut down. Why this donef
Because the Secretary of the Treasury satisfied that
the amount allowed was greater than ought to have been
allowed Now sir the very fact that he did in other cases
direct his mind only the propety Of the claims but
the amount satisfy that in this case which is
presented enormiy he must have had his mind d.
rected to that point, also.
With the explanation which have made in reference to
the declaration of Mr. White that the Florida claims
would probably not amount to more than $4,000 and
the explanation have made in connection with the claim
which has been referred to by the gentleman from South
Carolina do not feel that il necessary TO say more upon
those particular points.
Let me return now for few moments--for shall not
trespass upon the time Of the House much ongeto the
gs of the argument Of the gentleman from South Caro-
lima Take away from him the prejudice which he may
have created in the minds Of members by the production
of the papers which he has read and the statement of the
amounts which have heen allowed-take away
ataI
the minds of members by the fact that the Secretaries of the
Treasury have uniformly rejected this claim for interest
and direct your minds to the main question: the real point
involved, and ask IL the gentleman has said word
touching it No. sir he has not ventured to argue that
claims Of this character supposng them not TO be raudu
lent ought not properly to be allowed by the government
of the United States His citation of authorities aids him
in this argument far the main merits of this
question concerned because the decision he has refer
where damages have been sustained by citizens and the gov
eminent has enforced the rights of its citizens those citizens
not entitled TO full satisfaction not only for property
lost destroyed but also for the losses occasoned by the
detention of that property for the injury sustained by
the failure to repair the loss.
Now sir in what position is this government to stand if
it refuses the payment of claims of this character Why
from the day when flag first unfured, down TO
the hour when engaged in discussing this question
through all history, the government of the United
States has urged claim in behalf Of its citizens
against another government that it has insisted
aye and not only TO the full amount
of the value OF the property lost destroyed but indem
form practice of this government 1t is proved to be by
MI the records in your State Departments and only is
this good international law but it is good civil and
law But is unnecessary for to discuss that
The gentleman from South Carolina shrink from the main
question involved in this resolution say here that he
has not touched the merits of nj ALL Suppose the court
did dismiss the Ferrera because of the of uris
dction does that decide that there is merit in the claim
se2 Suppose that the Secretaries of the Treasury have
refused pay interest because they in the habit of
fnsng pay interest does that affect the merits of the
question itself? This joint resolution is suppose in the
offs appeal from the decisions Of these Secretaries
who have believe mistaken the law by which they
should have been governed and have substituted depart
mental usage superior to the law of nations This
luton sir before Congress TO correct these decisions
and such usages of the department in conflict with
the plain duty of the government
Mr. Speaker ! have very little say with re-
spect to these claims and really should not have troub
led the House at all with the subject but for the mpu
tatons thrown some OF those to whom am indebted
for my position here and in whose reputation have
deep interest But for these imputations say, should
not have felt myself called upon 10 word in addition
to the very lucid exposition of this question made by the
honorable chairman of the Judiciary Committee, [Slr.
STANTON Having said thus much will add only
word or two.
Now then, cut away all the covering which the gentle
from South Carolina has thrown around the main
trunk of this questionable all that away and every gem
teman in this House will admit that these collateral is
sues these incidental questions and Subjects should not a
feet the merits of the main question itself Cut away all
that say, and then we have principle which my friend
from Tennessee truly has been approved and enforced
by all the courts in the country There is not single in
cidenta opinion, not single ober dctu nothing TO de
stroy interfere with its uniformity. Now, then, sir
should inquire into the main merits ques
ton should we not rather inquire into the the
decision of the Secretary of the Treasuryor that has
of the things discussed heethan into these mere
collateral questions? Sir this is appeal from all
parties who have had any connexion with the Con-
gress of the United States whose duty to do justice
and right its citizens and all the world And what
have say further is that when the Congress the gov
Of the United States refuses recognise this as
principle which it viii indemnify satisfy the claims
OF foreign citizens when urged by foreign governments
then the time has arrived when ii its steps
and no more demand from any foreign government salts
faction to the extent it has always heretofore demanded it,
This is not question affecting these claims 1t is
question OF high public policy aquestion affecting in
ternaonal relations and affecting vitality the rights and
interests OF our citizens everywhere
Mr.. STANTON, (interrupdng) Win the gentleman
from Florida allow me to state in connexon with this
portion of his remarks that have here copies of two let
ters addressed by Mr. Caderon de Ia Barc late Spanish
minister 10 this country to tie government Of the United
States to of these claims held by persons residing
in the island of Cuba merely to show that this is cues
ton OF treaty obligations and to be determined BY the
principles of public law One of these letters reads as fol-
lows:
." Mr. Calderon Barca presents his compliments 10
Mr. Clayton Secretary of State of the United States and
encloses herewith copy of memorial which he has
ceived from the representatives number of her Catholic
Maestys subjects residing the island OF Cuba who are
claimants under the ninth article of the 1879 with
the accompanying letter OF their attorney the Hon w
johnson.
The memorias insist that by the treaty and the laws
the Executive Of the Cnited States paw the entire
amount OF the awards of the courts and
arguments OF high authority to sustain their claim
Believing these Judgments of the courts 10 be in con
ormty with the stipulaons the