Savannah morning news. [volume] (Savannah) 1868-1887, 1885-08-17

ability in the proof of bis demands, with
out, however, interp0sing more techni-
calities.
Another popular error is "a to the char
acter Of the Judgments which the court
viii award. No Judgments Of the Court
OF Claims under the law can be paid until
Congress votes an appropriation. In
each French apoliatiOn case the court is
also required to report 10 Congress sum
mary OF the law and the facts. The court,
therefore, in these matters, acts both rs
tribunal and as master in chBncery.
There is no probability, however,
that Congress would refuse TO vote an APP
preparation TO pay such awards as may
be MADE in these cases. 1t is fact that
thus far Congress never has refused to
paw Judgment Of the Court OF Claims.
At one time there was some opposition 10
a judgment OF 81 ,000,0 600. on which the
court itself was divided. The United
States Supreme Court affirmed the award
and Congress- ultimately paid it.
Nearly 200 French epOliatiOn claims
have been dOcketed, and the Judges eX-
pect that quite 1000 will be entered. A
GOOD many OF the smaller claimants are
awaiting the action which may be taken
in the cases already filed in order that
they may have the advantage OF the de-
cisions which the court Will make az 10
OF the evidence. There OF course viii be
but few cases in which verbal evidence
viii be possible. The testimony must neces-
sarily be documentary and historical. The
court is not likely TO hold claimants TO the
strictest rules as to legal evidence in view
Of the imp0ssibility Of complying with
the cOmmon-law rules Of evidence. There
are three important sources OF evidence
over which the government has attempted
e.. sv,1 hn Hyaut NJ hf al
records Of the custom houses on the At
lantic seacoast, which contain the regis
ter and the clearance and the various
statements relative 20 the ships: the second
are the lists OF claimants, ships and Vari-
Gus papers which at different times have
been lodged with the State Department,
and the third is the evidence Of cOndem-
nation supposed 70 be on file in the
archives of the French Government. The
Court Of Claims has requested the Treas
ury Department, for the convenience OF
the court and the claimants, to gather up
from the attios and the lumber
rooms of the custom houses those
old records, many of which have not
been seen for half a century, and TO bring
them here and arrange them in q room
with a custodian, so that claimants, the
court and the Department of Justice can
have constant access TO them. The Secre-
tary Of the Treasury has consented 10 do
this. and the records are now beginning
to arrive. The documents at the State
Department in like manner have been
placed in charge OF custodian,
while Mr.. James o. Broadhead, of
st. Louis, has been sent TO France
to ask the French Government to
permit the United States TO have copies OF
the records of condemnation Of the Ameri-
can vessels which were destroyed. 1t is
learned from private sources that be has
been wholly unsuccessful. and that the
probability is that every one Of these
records were destroyed by the Commune.
The French government has not inter-
posed any objection to furnishing the
records. They simply cannot be found.