New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-12
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gFFIclAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL or NEW ORLEANS
Rr..fs,-Americah Claims COmmissi0n-
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AAARVA G~&G
A Washington special o. .ounu"s " Vh0
New York Herald says:
The British American claims COMMISSION
adjourned Yesterday untiIfhe Wenty-elgnIh
;ngtant Business is progressing rapidly,
ncreideriug the magnitude Of the work pre-
senfed to tie agents and counsel on both
sides. The treaty II qGires all claims to De
decided within two years from the hrst
ynertino. which was held September 70,
1871. Ii is expected that the commission
will be able to dispose otthe last case Dy
September j, 1873, when q balance Wlil oe
struck as to the amount due Great BRITAIN
over the amount awarded 70 American
cIaimants. payTuent to be made Wlthln
twelve months after date OF final award
Tpifbort interest. 4 deduction Of five per
cent III to be made tor the expenses OF the
commission, including contingent expenses.
claimants cannot be paid before 1874, as
Congress-. which will make the apprOprla-
ton. does not meet until December, 1913,
and viii. il is said, have to wait the action
of Parliament, which does not meet 1or
several months after.
The American agent and COUNSEL Mr.
Robert s Hale, expects to represent the
sixteenth New York district III that Con
cross and vote for the appropriation,
During tile sessions held the past week 2
number OF decisions were made, dlspOsing
OF some important questions, among which
wera the following:
Yesterday the commission decided an
imDortant principle in two cases Tor tobacco
burned at Richmond. The claimants,
Scntch merchants, alleged themselves the
owners Of the tobacco in question at the
outbreak of the war; that the President, by
tbe proclamation of blockade, and the Con-
rress. by the nOn-intercourse act OF June,
1861, prevented their removal Of the same,
although under the non intercourse act the
President was permitted to license
special and limited trade. with the
ingurrectioDary districts, and; as the
claimants alleged, such licenses were
given to those willing to take an
active part against the rebellion in prefer
cnce to aliens and neutrals. The claimants
charged the subsequent destruction and
loss Of their tobacco to this prevention OF
removal by the United States, and claimed
the United States liable therefor. On de-
murrer to the memorials, the commission
decided against the claims, holding in effect
the proclamation of blockade. the nom
intercourse act, and the practice OF the
United States under them lawful acts OF
war within the law of nations. If this
claim could have been sustained the United
States would be made liable for an immense
amount of property in the the South owned
by aliens aU the outbreak Of the war.
In the cases of Watkins, Lee, Dalgetty
and DuCrDz & Co. va. the United States,
the claimants claimed damages fer a pOr'
ton Of the cargo of the Hiawatha, con
signed to them by a contractor in Rich
mOnd, alleging that by the capture Of the
tobacco their vendor failed to fulfill his
contract, and claiming the damages result
ing from such non-ful6llment. BY the de-
cision the commission held, in effect these
damages to be too remote for allowance,
the claimants not alleging themselves to
have been the owners Of the tobacco at the
time Of capture, but only entitled to receive
t on contract.
murrers of the United States were sus-
tanned, the commission holding in effect, in
accordance with rules Of the common law,
that an action for wrongful arrest and in
prisOnment was a personal action, winch
died with the claimant and did not survive
his administrator.
In case 427 the demurrer of the United
States was sustained, the commission hold
inc. ia effect, that a British insurance com
pany could sustain no action for Insurance
paid on property Of others Il British sub
iects~ wrongfuily captured and condemned
by the United States, but that to sustain
such claim the property must have been
owned at the time OF capture by Brush
subjects.
On demurrer by the United States to va
rious claims for alleged wrongful capture
and condemnation by the United States OF
ships and cargoes as prize, where no appeal
had been taken from the prize court of
original jurisdiction, the demurrers OF the
United States were overruled, the commits
sion holding that an excuse for the owners
to appeal might perhaps be shown by the
claimants: but, at the same time, deciding
virtually that in every case of allegation OF
wrongful condemnation the omission of the
claimants to appeal from the prize court OF
original jurisdiction must be satisfactorily
explained in order to establish a ground for
claim before the commission.