The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-18
On motion of Mr.. PRINGLE, of New York,
COURT OF CLAIMS.

Monday, March l7.-Ths resumed it's delbera-
tions this morning. All the judges present.
L. w. Stoat appointed commissioner to take testi
mony in California to be used in this court.
The opinions of the court in the Of the heirs aaw OF
Hugh Hughes quartermaster in the revolutionary
claiming balance due from for money advanced
The United States the heirs of Francis Ware euten
the revolutionary army, claiming Of pay
The United States, and Maria Stevenson widow Of Dr.
George Stevenson surgeons mate in the revolutionary
my claiming commutatonpay due him on the ground that
performed the duties Of surgeon, The United States
delivered by Judge Scarbugh the court ordering the
taking of testimony In each.
The opinion of the court in the Of the
brig General Armstrong The United States delivered
by Chief Justice Gchrist, Judge BIacord dissenting
The points involved In the Substantially fol-
lows
l That the evidence proved that 10 the engagement
tween the of the British squadron and the American
brig the battle Of Fsys in 1914, the British the
gressors.
3D. That Portugal being neutral 10 the betwee the
United States and Britain she claimed the rights
so she bound by the obligations, Of a neutral.
Sd. That where q vessel belonging TO belgcrept IL de-
troyed by another beigerent In neutral port the neutral
bound protect her neutrality by all her disposal
4th That the Portuguese governor used whatso
protect the neutrality of port except by expou
ation with British commander although oonsdera
BILE extent, he had means at his disposal.
9Th. That If neutral be unable at any particular
point to resist successfully the force Of Of the begeren
the other begerent by making compensation for the uju
ries sustained.
9Th That by the law of nations all independent powers
stand upon equality regards their rights duties
whether they be relatively weak relatively powerful
7h. That in the circumstances Of this case there was no
call upon the United States TO submit this claim to arbra
ton.
9Th. That United States have the right TO submit to
arbitration the claim Of Of their citizens upon foreign
government either with without his assent but they are
see
protected and that no has full and opportunity Of being
heard.
9th. That IL principle Of universal application that no
shall be condemned unheard and that every citizen
however humble, has right to he heard 10 defence OF
rights and that he not permitted hearrg accordingly
before the tribunal that to pass Judgment upon hs rights
the Judgment Of such tribunal be held be valid
10th That when the United States submits the claim Of
citizen arbitration, he IL not permitted hearing or TO
be before the sbe and heard defence Of his
rgh and the award s adverse TO him. the United State.
responsible to the claimant for the damages he has
sustained.
h That whether the question In the present case was
question Of law mixed question Of law and fact, the
claimant. had right 10 be heard before the arbitrator.
18th. That II 1t doubtful which party the
sggressor and u IL doubtful question whether
he had Gain Portugal he had equally right to be
heard.
18th. That the United States having made treaty. which
by their construction prscluded the claimants from being
heard and having refused their sanction and authority
him appear and present his before tho abter and
the award having been against him, under these crcum
stances the United States bound in damages.
The taking of testimony ordered
The opinion of the In the Of Asbury Desns
The United States delivered by Judge Backford In
which bill was ordered to be reported to Congress allowing
him $3.50 III compensation for his ervcss Acting
Secretary Of State and Acting Secretary OF the Treasury
The argument the facts the Gown
The United States resumed by the Solicitor who
cluded his remarks at O'Clock when ...
ANN