Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1856-03-29
MARCH,. 1856.
RopoLPuE.

Decision Of the Friveteer Brig Gen.
Armstrong Case III Favor OF the
Claimants.
The important case Of the plivatcer brig
General Armstrong against the United
States was decided in favor Of the claimants
IN the Cout Of Claims Chief justice Gil
christ delivered the opinion Of the Court. the
POINTS IN winch are us follows:
firt-That the evidence proved that in
the engagement between the boats Of the
British squadron and the American brig, the
British were the aggressurS.
Second-Ihat Portugal being neutral in
the war between Great Britain and the United
States as she claimed the right, SO she was
borud by the obligations O. neutrality.
Third-that when vessel belonging to
bCli.gc:,ut is destroyed by TIE other belliser-
cLl, in neutral pu,l, ths neHtrJl is bound
TO protect her neutrality, by all means ut
her Disposal.
Fourth--Thal the Portuguese Governor
used no means whatever to protect the Leu-
tralIty Of the port, except by eXpostnlatlrg
with the British commander, although to II
considerable extent he had means at his
disposal.
Filh-That even if neutral be unable
at any particular point to resist successfully
]
nevertheless bound TO redress the injury sus
taiucd by the bg!ligerent by making COM
pen,ation Cor the injuries sustained.
| SXth--Ihat by the law OF nations all III
drpeuGuut Powers stand upon an equality as
regards their rights aud duties, whether they
be relatively weak or relatively powerful.
Seveuth--WAat in the circumstances Of
| this case there was no call upon the United
I States to submit to arbitration.
! Ei9Et--Nhat the Uuitcd States have o
/ right to sdLm.t to arbitration i claim Of ono
| OF their citizens upon foreign Government,
! either with or without his assent but they
aye bound ~ see thai in 'hG submission his
/ nights are careiu!.y protected, aud that he has
| full aud fair opportunity oil being heard.
| NiLth--IAat it is II principle of universal
! application, that no ouc shall be condemned
! unheard, aud that every citizen, however
humble. has il right to be heard in defence Of
/ bis rights; and ii he is not permitted TO be
| heard before i tribunal that is TO pass iudg,
men, upon his rights, the judgement ol such
tribunal Caunut be held valid.
Veuth--lhat when the United States
! submits the claim of citizen TO arbitration
| il he is not permitted to appear before th-
arbitrator and be heard in defence Of hi.
rights. and the award is adverse to him, Tire
. l aIltu 'Jlol'S htNoll4c lCslOHs4Dlc !bg lux
damages be has sustained.
Eleveu;h-That whether Tie question il
the present case was question Of law or
mixed question OF law and fact, the claman
had IL right to be heard belor, the arhiira, OF
Tweitth-That even if it were doubttu
which party was the aggrcssor, and even if i
were doubtful question whether he had
claim upon Portugal, Ao had equally 1. yigh
to he heard.
Thrteenth-That the United States hay
ing made Il treaty, which by the construction
precluded the claimant from being heard, an
having refused their sanction aud autLorit
to him to appear aud present his case boGor
the arbitrator and the award having bee
against him under these circumstances IN
United States are liable to him in damages
This decision, though preliminary, is col
elusive as 10 all the disputed points.-M /
Times.