Joseph Story

“ What sovereign of a civilized community ever ventured to say, 'he acknowledged no law but his own will, and set at defiance all remedy but that of force?' There are laws among nations, just as well defined, and about as little liable to be broken, as those of particular municipalities. An American officer is understood to have applied for, and obtained, compensation, from the British government. An American citizen very recently made similar application, with similar success, to the sovereign of France. ”

“ But whatever claims, if any he had, as an insurer, by virtue of losses made good by him to other merchants, are no where specified in the bankruptcy proceedings. From Vasse or from the commissioners, the assignees acquired no apparent title. Whatever their right is to hold the fund they have got, must be shown independently of their title papers, which are altogther silent on the subject.
First: All the analogies from the common law are against it. By that, even a chose in action cannot be assigned, nor any possibility or contingency, unless coupled with an interest, or in equity. ”

“ Yet where is the citizen that does not gladly exchange all the steadfast earth-bound property he has, and invest it in this more beneficial and productive possession? Trover and trespass may be maintained for it, contracts may be made with regard to it, transfers may take place of it-in short, there is no criterion of property or ownership, that may not be applied to what is regarded as having no substantial existence. ”

“ The right to compensation, in the eye of the treaty, was just as perfect, though the remedy was merely by petition, as the right to compensation for an illegal conversion of property, in a municipal Court of Justice. The case of Randall vs. Cochran, (1 Vez. 98,) stands upon the true ground. It considers the right of indemnity as travelling with the right of property. In that case it might have been said, in answer to the claims of the underwriters, that they had no title, because it was a case of donation by the crown, out of funds provided by reprisals. ”

“ A right to damages begins when an injury is inflicted. 3 Black. Com. 116. But that is a suable right of municipal cognizance. So a captor has a defensible and imperfect right, after capture, but only because the prime Courts are open to him. Whereas Vasse could have sued or complained no where. The wrong be sustained was by a tort. The only redress was sovereign and international. The wrong was belligerent. The claim was by this nation against that. There was no arbiter, and war was the only remedy. ”

“ To say that this is but a question of the kind of remedy, is a mere argument of terms; for who can sue a sovereign? If the claim cannot be made in and through a Court of justice, it is no claim. Even the political right, if it exist, to petition or complain to executive government, is not a right that can be classed with legal rights or claims. A mere possibility is an uncertain thing. 2 Lil. Abr. 343. But the hope of indemnity from a foreign sovereign, is the merest possibility imaginable. The English exceptions are-1. Damages for torts or slander. ”

“ By the 6th, estate and effects are to be assigned; and the 13th provides for the bankrupt's debts to be recovered. The 14th, directs the assignees to recover his property, goods, chattels, and debts. The 13th, does, indeed, mention claims, but it characterizes them as such as are suable, attachable, and recoverable by legal process. The only debateable section is the 18th. All the rest exclude every idea of possibility, contingency, damages, or the like. They uniformly treat of tangible property, and nothing else. ”

“ Individual reprisals are unknown to the modern law of nations, especially to the law of this country, which, by written constitution, requires a law enacted in form to make war lawful. Vasse, had no right to claim from Spain, or to act at all. He could do nothing but submit. Mr. Pinkney's argument, as referred to in the case of the Betsey, Furlong, does not contradict this position; and if it does, it was overruled by the majority of the commissioners, to whom it was addressed. ”

“ We do not think that the fact is material, upon the view which we take of the authority and duties of the commissioners. The object of the treaty was to invest the commissioners with full power and authority to receive, examine, and decide upon the amount and validity of the asserted claims upon Spain, for damages and injuries. Their decision, within the scope of this authority, is conclusive and final. If they pronounce the claim valid or invalid, if they ascertain the amount, their award in the premises is not re-examinable. ”

“ Any person receiving money by award of the commissioners, under the Florida treaty, holds it as money had and received to the use of all and any other persons capable of proving a right to it, or any part of it, by means of suit at law, or in equity.
The main question may be considered, first, by the light of the common law; secondly, by that of the English bankrupt acts and adjudications; thirdly, by our own.
The commissioners' assignment to the assignees, is of estate and effects, claims and demands. The money in dispute was paid as indemnity for unlawful seizures; art. ”

“ In this country, it had but a short-lived existence; has never been a public favourite, and the Courts have no impulse from statutes to extend it by construction. The whole question is, what is the true interpretation of the Act of Congress of 1800. 3 vol. Laws of U.S. 320. The 5th, 6th, 13th and 14th sections, are all that regulate assignments, and they each and all, uniformly contemplate property that may be realized. By the 5th, the commissioners are to take possession of the property, and deliver the effects to the assignees. ”

“ There are places where there is no law. In China, strangers are altogether without the means of redress. Every one, with regard to them, is, whether native or sojourner, really irresponsible, and acknowledges not even the law of force. ”

“ That where American citizens have sustained losses or damages, 'by reason of irregular or illegal captures, or condemnations of their vessels, or other property, under colour of authority or commissions from His Majesty, and adequate compensation cannot be obtained by the ordinary course of judicial tribunals, full and complete compensation for the same will be made by the British government to the said complainants.' The very ground of the treaty is, that the municipal remedy is inadequate ”

“ It tends also to the presumption, that it might have been the intent of the legislature, that the rights devolved upon them, from the nature of the losses for which they were liable, so far as under any circumstances they might or could be valuable rights, should be available as a fund for the benefit of their creditors, in case of their bankruptcy. ”

“ The parties must abide by it, as the decree of a competent tribunal of exclusive jurisdiction. A rejected claim cannot be brought again under review, in any judicial tribunal; an amount once fixed, is a final ascertainment of the damages or injury. ”

“ The 50th section of the Act, has been supposed to demonstrate the correctness of the construction of the statute contended for by the counsel for the original plaintiff. It declares 'that if any estate, real or personal, shall descend, revert to, or become vested in, any person, after he or she shall be declared a bankrupt, and before he or she shall obtain a certificate, &c. all such estate shall, by virtue of this Act, be vested in the said commissioners, and shall be by them assigned and conveyed to the assignees, &c. ”

“ In the 9th article it provides, that the high contracting parties 'reciprocally renounce all claims for damages or injuries, which they themselves, as well as their respective citizens and subjects may have suffered, until the time of signing this treaty;' and then proceeds to enumerate, in separate clauses, the injuries to which the renunciation extends.
The 11th article provides, that the United States, exonerating Spain from all demands in future, on account of the claims of their citizens, to which the renunciations herein contained, extend, and considering them entirely cancelled ”

“ The next question is not noticed in the opinion of the Circuit Court, turns upon the nature and effect of an abandonment, for a total loss to the underwriters. Much argument has been employed, and many authorities introduced, to prove what rights and interests, possibilities and expectancies, may or may not pass by assignment ”