New-York tribune., 1875-05-13
TIE ALABAMA INDEMNITY FUND.


lFRoM AN OCCASIONAL CORRESPONDENT or THE rRIBUSEI !
WAsHINGroN, May 1.-THE Court of Commits
sioners OF Alabama Claims is in session in this city
and Is pushing forward its business with great rapidy
All five OF the Judges present and in
important cases yet brought before the Court will
render decision which will determine the measure OF
damages allowable by the Court in giving lite Judgments
in all cases where the OF goods destroyed ships
lost IL basis Of the claim synopsis OF this test
will DO given elsewhere in this letter The number OF
claims filed before the Court Ia ,;IS2, and the
number OF printed petitions has been fled with them
filling l3 large octave Volumes These 1882 claims
are principally for personal effects and wages vessel
outit and cargo, premium. breaking up Of voyage
prospective profits merchandise, &c. One hundred and
fny-thrce OF them for vessels destroyed Up to the
beginning Of the present session the Court had decided
| Al cases. Tho total amount claimed in them was
| $356,2i2 81. The Court in awarding Judgment allowed
$77,li5 81 and interest S75,2s2 4G, making the
total amount of judgments allowed by the Court in these
IL cases, $2J5727 20.
The Hon. John A. j. Crcswcll. counsel behalf Of the
United states says that the majority Of the claims filed
involve large sums Of money but the aggregate IL not
great he thinks TO render improbable surplus of the
900 paid BY Great Britain after all demands have
been paid. This surplus will, according to the act crc
aiing this Court. remain fund from which Congress
may hereafter authorize the payment OF other claims
arising under the treaty Should the sum Of all the jnhs
of the Court together with interest, exceed the
amount awarded by the Geneva Board the law provides
that il shall be distributed ratablc proportion among
those in whose favor Judgments shall have been rendered
The Court has already decided three where dam
ages for injuries to the person claimed The first
that Of Martha Noyes Williams. passenger on
board the American snip Jacob Bell, captured by the
Florida Feb l., 1868, and burned. The claimant asks
for direct damages account of permanent loss of
health from exposure. and suffering of mind and body by
of capture the high by privatecr The
.,t u,ii.r h.nv,
the Levi starbuck, which captured by the Alabama
in October. 1862. Tho SaIbuck burned, and Whiting
was placed in irons and kept in close confinement on
board the Alabama for Ii days by reason Of the treat
mcnt hc as that he is crippled for life, and asks ud
for injuries The third is that of Lawrence NJ
Brown, apan of the ship Sonora, which boarded
in OF Malacca Dec &c S63 by boats of
the Alabama He and others of the crew were set adr at
without provisions. water, charts compass or sails.
c reached the port Of Penang on the 0h OF December
suffering great dangers and prvations while at sea
in the open boat lie claims compensation for the injury
The ground which the adverse opinion Of tho Court
based in these three cases was that under the act of
Congress creating the IT entertain jurisdiction
of claims for the loss of property only and has no iurs
dction of claims for damages for Injuries to the person
Judge Baldwin delivered tho opinion of the court ana III
claimants that 1T Is the uuy OF the Government 10 pro-
icct the person of ts citizens ~ fully and readily a' 1t
should protect his property. At the same time we rccoc
nze thr fact that this is court of special ana limited
disposed Of oron of the fnnd conicd to its trust to
a"n~r or,S, -. ''''''"' 10 wv '''"" "'''' -
Thc Court has also settled the question Of prospective
profits" deny ing ihc admission OF such claims. affirming
at the time tnat claims based on damages caused by
the AlaDam Florida and the Shenandoah after
sG5 muSt directly result frGm damage caused
tic case OF Ann Eliza Gannett. administrative Of
the estate Of Abraham Osborn, deceased osborn was
months whaIeishing in the Atlantic Ocean. While
cndayornG to ur;@e @ he calling she was sass 9r Oh 'ne
turning in time FOR the seasons CATCH" consequently
mates sr ta had A' nos the p ntrpon Occurred
$4,000 would have been realized that
10000 interest. The Hon John A. j. Creswel. counsel
Tor the United states interpo9ed demurrer. which was
the claim was inadmissblc under the law creating the
court secondly that the claim was not one directly
surgent cruisers; thirdly, that the claim was aed on pros
pecve profits. une&rncd freghs, etc. ourthly that the
Government was not bound To furnish convoy to ship
the high seas, and thai il is not ponsbe for uaw-
~ III a as United nj sae The Court hed that the % act Great
ing the Court was explicitly clear IN defining the term
act and that this claim did not come within the meaning
and scope OF that term. IL would have been much
her capture, her transferred to the Confederate
vessel, and the captured ship burned
section of the act under which the Court organized
providing that the claimant at the time of his loss must
Judge Rayner delivering the opinion Of the Court, which
held that this meant all persons native born or OF foreign
BIRTH naurlzed uInaiuraliZed, except the subjects
Great Britain The claimants in these cases were IN
the eonneSla marine service sailing under tno nag dl
zcd but the Court took the ground that the act of Con
gress creating the Court says nothing ABOUT cZenS OF
The United providing the class Of claimants
before the Court but that does expressly sipato that
to protection Of the United States in the premises
that H. those who sustained loss or injury directly result
ing from damage caused by the socalled msrrgent
cruisers, whether the person was native born or doItgn
born, natnrazcd unnuralzed, the Court affirming
titled To protection in that country in which they are
the claims of British subjects entitled to the protection of
the United states the Court dwet at some length on the
lr. Great Britain was that rht had failed to force her own
municipal regulations, and that h.r reply was that that
Germ The Court also inclined to the view that Great
Bn IN ] rns r TINS o,y award up"p ndI'e iaws er and na
Therefore. the Court believed that Great Brit
M az the United States in mdemnifying subjects
for neglect inconsistent with the purposes VI the
al also alluded the claim OF John Burns before the
General Tribunal, where the views OF the tribunal APP
peored 10 initiate against British subject being
regarded in the same light foreigner of some other
nation entitled TO the protection OF the Inlled states IN
The premises therefore the Court was drawn To the con-
,a 70 nartlciIte in the dstribuon of the award The
Court Judge Porter delivering the opinion, has also
decided that IL Is necessary Or claimant TO aver in his
petition his trie all glance to the United states during
ihe time his sustained. An averment that he
WAS guilty OF the crime Of treason as defined by the
The important question to the measure OF damages
which to be allowed by the Court III indennifying
cach claimant for tho value OF goods and ships lost
viii be settled in the case argued by Joseph H. |
tbOate OF New York. and Wn Peet also of New YORK
The ease is that OF the American ship Winged Racer
which sent from Liverpool 10 Hong Kong ana Ma
Mia to bring cargo there being prepared Tor her Dy
Me.srs Taylor and Hubbei of Ncwlork. she took the
cargo board and sailed from Manila 10 Ncw-lork on
Oct = ls63 Nov. 10 following. while pursuing her
vnyage she Intercepted, captured, and destroyed
by the Alabama Each Of her owners Henry w. hrDoe
Edward H. Gillian presents "A claim to recover ms
sh,rc OF damage sustained the oss Of the ship. outt
largo &C. The decision Of the Court IN this case -
looked for with interest Several other eases VIII
be argued IN connection with IT, IN which me same
| nuesfions will be- raised.