No. 12. Case of the sumaca Felicidade, of Buenos Ayres. Claimants, Putnam I. Farnham and Jed Frye, George D. Phippen, administrator of Peter E. Webster, and John Bertram, by Putnam I. Farnham, their attorney in fact. Memorial filed May 12, 1851; amount claimed, $25,045.07. Found to be valid to the amount of $18,453.90; proportion awarded, $14,229.60. No. 13. Case of the brig Aspasia, of Baltimore. Claimant, Catherine E. Massicott, executrix of William Massicott. Memorial filed May 20, 1851; amount claimed, $1,030.49, with interest. Found to be valid to the amount of $2,353.81; proportion awarded, $1,810.65. No. 14. Case of the ship Tarquin. Claimants, Alexander C. Mitchell and Richard Mitchell, partners; Eliza B. Coffin, administratrix of Jared Gardner; Sophia Barrett, administratrix of George Barrett; William B. Coffiu and Reuben Swain, 2d, executors of John Swain; Nathaniel Barney, administrator of Valentine Swain; Deborah Brayton, administratrix of Robert Brayton; Tristram Starbuck, Benjamin F. Gardner, administrator of James Guin, and George M. Bunker, administrator of James Bunker, all represented by Alexander C. Mitchell, their attorney in fact. Memorial filed September 12, 1851; amount claimed, $37,273.15, with interest. Found to be valid to the amount of $69,869.14; proportion awarded, $45,585.96. The award was itemized as follows: Alexander Mitchell and Richard Mitchell, $8,837.02; George M. Bunker, $5,203.79; Eliza B. Coffin, $4,418.51; Sophia Barrett, $4,418.51; William B. Coffin and Reuben Swain, 2d, $4,418.51; Nathaniel Barney, $4,418.51; Deborah Brayton, $2,209.26; Tristram Starbuck, $2,209.26; Benjamin F. Gardner, $2,209.26; Barzillai Luce, $1,925.09; Frederick Swain, $1,418.50; Alexander Macy, $1,122.97; William Hussey, $1,122.97; James Swain, $989.05; John Whitney, $673.78; James Osband, $634.15; David Young, $634.15; John S. Coffin, $634.15; William Steward, $634.15; Lewis Dixon, $634.15; George Butterfolk, $598.92; John Luva, $598.92; Thomas Wood, $598.92; Robert Cathcart, $598.92; Henry Dunsard, $598.92; Thomas Russell, $567.39; Charles Barnard, $567.39; Peter Green, $567.39; Reuben Bowers, $449.19. No. 15. Case of the ship Canada, of New York. Claimants, Richard I. Arnold, Edward A. Russell, Samuel Russell, Charles F. Tillinghast, executor of Radcliffe Hicks, and William R. Talbot. Memorial filed November 18, 1851; amount claimed, $25,827.92. Found to be valid to the amount of $1,559.78; proportion awarded, $1,203.34. No. 16. Case of Emanuel Gomez. Memorial filed November 22, 1851; amount claimed, $336. Rejected on the ground that it was embraced in the claim of the brig President Adams, which was settled by Brazil prior to the convention of January 27, 1819. No. 17. Case of Wright and Houghton. Claimants, John S. Wright and Mary H. Houghton, administratrix of Henry A. Houghton. Memorial filed December 1, 1851; amount claimed, $14,678.27. Found to be valid; proportion awarded, $11,208.30. No. 18. Case of the bark Navarre, of Philadelphia. Claimant, James Devereux, by W. H. D. C. Wright, attorney in fact. Memorial filed December 1, 1851; amount claimed, Rs. 275 $400. Found to be valid to the amount of $196.99; proportion awarded, $151.98. No. 19. Case of the bark Globe, of Philadelphia. Claimant, John Devereux, by W. H. D. C. Wright, attorney in fact. Memorial filed December 1, 1851; amount claimed, Rs. 278 $100. of $199.22; proportion awarded, $153.69. 5627-VOL. 5—15 Found to be valid to the amount No. 20. Case of the ship Louisiana, of New York. Claimants, Andrew Foster and George T. Foster, surviving partners of Andrew Foster & Sons, by W. H. D. C. Wright, attorney in fact. Memorial filed December 1, 1851; amount claimed, for a fine illegally exacted from the master of the ship, Rs. 400. Found to be valid to the amount of $577.94; proportion awarded, $445.87. No. 21. Case of the ship Florence, of Boston. Claimant, Francis A. Gray, surviving partner of Francis A. and Samuel C. Gray, by W. H. D. C. Wright, attorney in fact. Memorial filed December 1, 1851; amount claimed, for fine illegally exacted, Rs. 1,393 $000. Found to be valid to the amount of $1,453.43; proportion awarded, $1,121.29. No. 22. Case of the bark Mystic, of New York. Claimant, Fortunato J. Figueira. Memorial filed January 29, 1852; amount claimed, $31,401.50. Found to be valid to the amount of $30,656.75; proportion awarded, $23,651.04. No. 23. Case of Isaac Austin Hayes. Claimant, Patrick Barry Hayes, administrator of Isaac Austin Hayes. Memorial filed February 4, 1852; amount claimed, $90,000, and one-fifth of Rs. 62,739 $703. Disallowed, "because the claim being one arising out of the alleged false imprisonment of the said Isaac Austin Hayes by the Brazilian authorities, all right to claim damages for said false imprisonment died with the person of said Hayes, according to the well-established maxim of law, 'Actio personalis moritur cum persona.'" But subsequently, on reargument, the commissioner very properly abandoned this ground, made an allowance of $1,000 in gross, and awarded the sum of $771.48. No. 24. Case of the brig Brutus, of New York. Claimant, Francis W. Dominick, by W. H. D. C. Wright, attorney in fact. Memorial filed February 17, 1852; another memorial filed March 1, 1852, by Henry Way, administrator of Dominick; amount claimed $35,177. Found to be valid to the amount of $38,655.83; proportion awarded, $29,822.19. No. 25. Case of Captain Wolfe. Claimant, William Wolfe, by W. H. D. C. Wright, attorney in fact. Memorial filed February 17, 1852; allowance made of $2,150.27; proportion awarded, $1,658.88. No. 26. Case of the brig Caspian, of Boston. Claimants, John C. Zimmermann and Nalbro Frazier, composing the firm of Zimmermann, Frazier & Co., agents of the owners of the brig, by W. H. D. C. Wright, attorney in fact. Memorial filed February 17, 1851; allowance made of $54,632.95. The proportional sums awarded were as follows: Nalbro Frazier, $8,741.80; William Hammond, $8,741.80; Wilhelmina de Valangin, administratrix of Albert P. de Valangin, $4,370.90; Mary Lewis, administratrix of Stephen J. Lewis, $11,551.94; James Ellison, executor of Joseph Baker, deceased, Henry F. Baker, and John W. Geyer, $8,741.79.1 No. 27. Case of the brig Sally Dana, of Philadelphia. Claimant, Catherine Duval, executrix of James Duval. Memorial filed February 19, 1852; amount claimed, $7,750. Rejected for reasons stated in No. 10. No. 28. Case of Joseph Ray. Claimant, Margaret Ray, administratrix. Memorial filed February 27, 1852; amount claimed, Rs. 642,645 $573. Rejected, because the evidence did not show that Joseph Ray had "suffered 1See Wright v. Ellison, 1 Wallace, 160. by the act of the Government of Brazil any wrong or injury of which the Government of the United States could rightfully complain, or which could in any manner entitle the said Joseph Ray to indemnity from the Imperial Government of Brazil." No. 29. Case of the brig Argus, of Boston. Claimants, William S. White, Henry H. Jones, Benjamin C. White, and James Smith. Memorial filed February 28, 1852; amount claimed, $8,445.95. The claim was dismissed by the commissioner on the following grounds: "This claim is one which is alleged to have arisen under the 7th article of the Treaty or General Convention of Peace, Friendship, Commerce and Navigation between the United States of America, and His Majesty the Emperor of Brazil, concluded and signed at Rio de Janeiro, on the twelfth day of December 1828,' which article is in the following words, to wit, 'The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, or merchandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.' In order to substantiate the claim it was necessary to have clearly shewn by the evidence that the said brig Argus was either subjected to an embargo at Rio Grande, or detained there for some military expedition, or for some public or private purpose; but it is not shewn by the evidence in the case that the said brig Argus was forcibly prevented from leaving Rio Grande to go to any other port or place in Brazil or elsewhere; except that she was not allowed to go to the port of Porto Alegre, which had fallen into the hands of a revolutionary party several months previous to the arrival of said brig Argus at Rio Grande, and between which place and Rio Grande all communication had been interdicted by an Imperial Decree, issued at least six weeks before said arrival. Upon a thorough examination of the evidence this case appears to be simply this: That the brig Argus arrived at Rio Grande at a time when all communication between that place and Porto Alegre was cut off by an Imperial Decree; that the Brazilian authorities at Rio Grande made no attempt whatever to prevent said brig from going to any other place than Porto Alegre; that the captain chose voluntarily to remain at Rio Grande because Porto Alegre was the place of his original destination. It is clear therefore that in this case there was neither an embargo nor detention, and that the Brazilian Government could not be held liable for the voluntary act of the master of the Argus in remaining at Rio Grande." No. 30. Case of James Smith. Memorial filed February 28, 1852; amount claimed, $11,500. Allowance, $965; proportion awarded, $757.34. No. 31. Case of the ship Erie, of Newport, Rhode Island. Claimants, John G. Whitehorne, surviving partner of John G. and Samuel Whitehorne; Charles Devens, John S. Langley, John Stevens, William Littlefield, Samuel Allen; Benjamin Weaver, surviving partner of Solomon G. and Benjamin Weaver; George Hall; Henry Bull, executor of Henry Bull; Augustus Bush and John T. Bush, executors of Thomas Bush; Stanton Peckham and John B. Weeden, administrators of Isaac C. Peckham; Peleg Clarke and Josiah S. Munro, assignees of Russell Coggeshall; and Edward W. Lawtonby Edward W. Lawton, their attorney in fact. Memorial filed March 3, 1852. Allowance, $1,138.83; proportion awarded, $878.58. No. 32. Case of Lemuel Wells. Memorial filed March 17, 1852; amount claimed, $1,823.65. Rejected on the same ground as No. 28. No. 33. Case of the ship Cincinnatus. Claimant, Jacob Barker. Memorial filed May 6, 1852. Claim rejected for "total absence of evidence to support it." No. 34. Case of the brig Laine, of Salem. Claimant, T. Perkins Pingree. Memorial filed May 25, 1852. Claim for anchorage dues illegally exacted. Allowance, $53.30; award, $41.11. No. 35. Case of the bark Wave. Claimant, F. G. Frothingham. Memorial filed June 8, 1852. Claim for a fine illegally imposed. Rejected on same ground as No. 1. No. 36. Case of the schooner Amazon, of New York. Claimants, Benjamin Roberts, president, and William Whitlow, jr., Duncan P. Campbell, John B. Cazeau, Francis Barretto, Elisha Riggs, and Richard M. Lawrence, surviving directors of the New York South American Steamboat Association, etc. Memorial filed June 9, 1852; amount claimed, $107,812.84, with interest at 7 per cent from March 4, 1829. Allowance, including interest, $30,229.80; award, $23,321.73. No. 37. Case of the cargo of the Amazon. Memorials were filed as follows: Benjamin W. Rogers, assignee of Le Roy Bayard & Co., June 29, .1852, $2,600, with interest; John B. Cazeau, for himself and another, June 29, 1852, $5,648.47, with interest; Peter H. Vandervoort, administrator of Peter L. Vandervoort, June 29, 1852, $1,139.45, with interest; John J. Boyd, for himself and another, June 29, 1852, $10,816.10, with interest; Elisha Riggs, by his agent, James Bolton, June 29, 1852, $2,844.65, with interest; B. W. Rogers, for himself and others, June 29, 1852, $6,397.98, with interest. The claim was dismissed because the invitation and promise given by the chargé d'affaires of the Imperial Government of Brazil near the Government of the United States to the New York South American Steamboat Association to navigate the river Amazon did not amount to a grant by the said imperial government to the stockholders of said association or to any other persons of the right to traffic in merchandise along the coasts of said river." No. 38. Case of the brig Orient. Claimant, Hyman Gratz, president of the Pennsylvania Company for Insurance, etc. Memorial filed June 22, 1852; amount claimed, $264.11, with interest, for customs duty illegally exacted. Allowance (with interest at 6 per cent), $506.65; award, $390.87. The list of money awards was as follows: Nathaniel Hamlin and Parker H. Pierce Richard S. Stewart, executor of George Law Richard S. Stewart, administrator of Samuel Rose. Marcia Kennedy, administratrix of John F. Kennedy William Burroughs William W. Harper, administrator of Samuel B. Harper. Putnam J. Farnham, Jed Frye, George D. Phippen, adminis trator of Peter E. Webster, and John Bertram.......... Catherine E. Massicott, executrix of William Massicott Alexander C. and Richard Mitchell........ George M. Bunker, administrator of James Bunker.. .$15, 008. 19 24. 273. 22 33,050.03 17, 423.49 3, 389.08 2,506.90 18, 344. 12 872.08 14, 229.60 1,810.65 8, 837.02 5, 203, 79 Eliza B. Coffin, administratrix of Jared Gardner Sophia Barrett, administratrix of George Barrett.. William B. Coffin and Reuben Swain, 2d, executors of John Nathaniel Barney, administrator of Valentine Swain.. Benjamin F. Gardner, administrator of James Gwin. John Whitney, or his legal representative . Peter Green, or his legal representative Richard J. Arnold, Edward A. Russell, Samuel Russell, Charles F. $4, 418. 51 4, 418. 51 4, 418. 51 4, 418. 51 2,209. 26 2,209. 26 2,209.26 1, 925. 09 1, 418.50 1, 122. 97 1, 122.97 980.05 673.78 634. 15 634. 15 634. 15 634. 15 634. 15 598.92 598.92 598.92 598.92 598.92 567.39 567.39 567.39 449. 19 1, 203.34 John S. Wright, and Mary H. Houghton, administratrix of Henry 11, 208.30 James Devereux 151.98 John Devereux 153.69 Andrew Foster and George T. Elliott, surviving partners of Andrew Foster & Sons.... 445.87 Francis A. Gray, surviving partner of Francis A. and Samuel C. Wilhelmina de Valangin, sole surviving administratrix of Albert Henry Lewis, administrator of Stephen J. Lewis.... James Ellison, executor of Joseph Baker, deceased, Henry Baker and John W. Geyer... James Smith 23, 651. 04 29,822. 19 1, 658.88 8,741.80 8, 741.80 4,370.90 11, 551.94 8, 741.79 757.34 |