The matter was brought before the Commissioners in 1859, and a patient hearing seems to have been given by them, the result of which was a disagreement between them. Both rendered elaborate opinions: one adjudging that no portion of the claims should be allowed; the other, an opposite view, and he proceeded to assess the damages sustained by the claimants. These he estimated at forty per cent. of their claim, holding that the vessel and her cargo had been injured by the storm to the extent of sixty per cent. of their value. The case then went before Mr. Ward, whose conclusion was expressed in the following words:—
“Under the instructions of Mr. Marcy, thus reaffirmed by Mr. Cass, my duty may be discharged by ascertaining, as far as possible, what have been ‘the actual losses of our citizens.’ Satisfied with the award of Mr. Roberts on this point, I have approved the same, and ordered the amounts awarded by him to be paid to the respective claimants.”[144]
The amounts so paid exceeded $54,000 in coin. This was received by the several claimants, and it does not appear that they protested against the awards. Some of them were, however, dissatisfied, and in 1863 addressed Mr. Burlingame, setting forth their views, and asking him to favor their purpose for a rehearing. Mr. Burlingame, as will be seen on reference to his dispatch of October 5, 1863,[145] entered on a thorough examination of their statements, and arrived at the conclusion that the awards ought not to be disturbed, using strong language in this sense.
The Neva was a British schooner. Messrs. Nott & Co. were American merchants, residing at Hong-Kong. On the 16th October, 1857, they shipped by the Neva, then bound for the port of Foo-chow, five packages containing twenty thousand Mexican dollars. The vessel sailed at 3 o’clock P.M. of the 17th, and the same evening, while at anchor a short distance beyond the limits of the port of Hong-Kong, five Chinese came alongside and requested passage to Foo-chow, which was granted. At 11 o’clock that night these Chinese and the Chinese members of the crew took possession of the vessel; and having murdered the master and some of the crew and secured the rest, they broke into the hold, seized four of the packages of silver and removed them to the shore. The efforts of Messrs. Nott & Co. to recover the treasure were unsuccessful; and finally, the firm having ceased to exist, the agent representing their interests placed the claim before the Commissioners, who rejected it. Correspondence with the State Department ensued, and in 1869 the representatives of the firm appeared before Congress, declaring that their agent was absent from the South of China, where the Commissioners held their sittings, at the time when the awards were made, and that they had then, innocently, been deprived of their right to appeal from them to the Minister. The Attorney-General was directed by Congress to examine their claim, and, if in his judgment it was valid, he was empowered to award its payment out of the Indemnity Fund. The Attorney-General decided in favor of the claimants, and directed payment of a certain sum in gold. Mr. Washburne, then Secretary of State, held that he was not authorized to make the payment in any other than current funds of the United States. From this ruling the claimants have lately appealed to the Court of Claims, which has decided that the award of the Attorney-General should be complied with. This will make a small deduction from the fund.
TAX ON BOOKS.
Remarks in the Senate, June 30, 1870.
A bill “to reduce internal taxes and for other purposes” being under consideration, Mr. Sumner moved to add to the free list of imports “books in foreign or dead languages, of which no editions are printed in the United States.” In conclusion of a running debate relative to the application of this amendment, Mr. Sumner said:—