The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1856-04-02
The Privateer Gen. Armstrong.

We find in the Washington Correspon.
dence of the New York Herald the follow
ing brief history Of case which comman-
ded much and protracted attention, and
which has recently been disposed of by a
decision in the Court Of Claims:
This case, which, for for'y-two years,
has been pending before our government,
has finally been decided in favor of the
claimants bv the United States Court of
Claims a: Washington. To say nothing
of the unparalleled defence made by
Capt. Reid against the British squadron
at Fayal, in 1914, the history Of its pros
ecution, and the course of diplomacy pur-
sued by this government, was as remark
able as it was extraordinary. First, the
government of Portugal voluntarily ad-
mltted her liability to this government
England made an apology, an indemnify
to Portugal for her wanton attack on the
brig, and for violating tue neutrality of
her port. But up 10 1918 noredress was
procured. The claimants went 10 Con
gress, and were sent back to the Depart
ment of State for relief For years after
wards diplomatic correspondence was
carried OH between Portugal aud the Uni
ted States, (every succeeding Secretary of
State urging the justice Of the claim un
til, under Mr.. Polk, in 1914, Portugal dc.
MED her liability, and the State Depart
ment refused to prosecute the claim fur
lhcr.
The claimants went again to Congress-
obtained report in their favor, and the
case was sont buck 10 the Department Of
State by the Senate, with instructions to
prosecute ii. In 1910, under Gen. Taylor
MIR. John NJ. Clayton made perelnptory
demand for this claim, and sent the Amer
lean fleet in the Mediterranean up the Ia
gus to receive MIR. James b. Clay, (son Of
Henry Claw the American Minister, in
case Portugal refused. The English Gov.
ernment supported Portugal aud urged
her, 10y impertincnt interference, not to
pay this claim, but to allow all other
claims, either 'just or unjust" Portugal
obeyed England and Mr.. Clay demanded
his passports, and returned home. Portu-
gal then renewed her proposition to arb.
trate this claim, agreeing to pay all the
Others rs n bonus, if this government
would accept the terms. The proposition
was accepted by Mr.. Fillmore in 1850.
and Louis Napoleon was appointed arbiter
who decided the case in favor Of PORTUGAL
in violation Of the compact of the treaty
stipulations between the United States and
Portugal. This urjust award, by which
the claimants rights, and the honor of
the country were barterod away, was nc.
cep,cd by Mr.. Fillmoro's administration in
1852.
The award decided that the Americans
first attacked the British feet, that a little
brig with ninety men commenced the
fight against frigatcs and seventy -four gun
ships with over Que thousand men The
claimants protesting against the award,
again went to congress. AT the last scs-
sion, af:er the bill had once passed the
Senate. it was lost by one vote. The
House sent the case to the Court of Claims
and in the langu ige of II distinguished iu.
list, we "congratulate the claimants and
our common country OH the manly enun
citation Of principles contained in the de-
csion of Judge Gilchrst. lie will live in
after times as the pioneer in this untrieL
iield Of judicial labor, whose mind was
equal TO the mighty task Of bringing SOW.
ereign,y to the bar of justice, rs n compul
sory reel pient Of her divine behests."
This decision will permanently establish
the Court Of Claims, Notwithstanding the
croaklngs Of claim agents, and Z" carrion
birds" as Mr.. Benton called them, who
are trying to break down the Court.