Nathan Clifford

“ II. Equal and exact justice to all the claimants was what our government was endeavoring to secure by the negotiations, and of course the suggestion received no encouragement whatever, as it contemplated a separate provision for one, to the exclusion of the rest. On the contrary, the reply of the Secretary was to the effect that if the treaty of cession was concluded it would contain a provision that all grants made after a given date, to be fixed by the contracting parties, should be null and of no effect. ”

“ Adams, has said: 'If anything in human intention can be made clear by human language, it is that the claims provided for by the above stipulation, were in the condition as they had been exhibited at the time of the treaty; that the authority and the trust of examining, ascertaining, and deciding their amount and validity, was solely and exclusively committed to the commissioners.' He affirms that Mr. Meade's claim, if comprised at all within the provisions of the treaty, was as an unsettled claim. ”

“ Independently of all which the government is not responsible for the laches of its officers or agents. [6]
Reply.-I. The government, it turns out, cannot stand upon the findings of fact by the Court of Claims; especially not upon the fifth one. It is compelled to attack them, and to say that that court when professing to find facts really made conclusions of law; and then it goes behind the findings to show error in them. The weakness of the government case is disclosed at once. We deny that the fifth finding is not a finding of facts. ”

“ But if through weakness, timidity, or any other cause on the part of his own government, no redress can be obtained, then he has a claim against his own country.' And what is there unjust in this? The whole sum allowed by the government ($5,000,000) has been absorbed by other claims confessedly just. If Mr. Meade had another claim, and a just one also, then it is plain that Congress, in appropriating but $5,000,000, appropriated a sum insufficient to satisfy the just claims of American citizens, and should in some way pay more. ”

“ Adams or Mr. Meade, or depositions, or diplomatic notes, show that the jury had come to a wrong verdict? Standing in the place of a special verdict it stands above attack, and even above criticism.
II. The United States received a valuable consideration from Mr. Meade specifically, for all its engagements, including the one about vouchers. The surrender by Spain of what it regarded as one of 'the most precise, clear, and conclusive articles,' and the acquisition by the United States of three large tracts of land, whose acquisition was a sine qua non for a treaty, was this consideration. ”

“ Richard W. Meade, of Philaddelphia, a native-born citizen of the United States, went to Spain towards the beginning of this century, and became engaged extensively in commerce with that country. He was there during the invasion of the French under Napoleon, and continued to reside there until the year 1821. While so resident he entered into numerous contracts with the Spanish government after the year 1802, and before the year 1819, which involved large amounts of money, and his resources contributed to the support of that government during its contests with the French. ”

“ And the Cortes of Spain, in which body was vested the sole constitutional power to annul such private grants or cessions, refused to annul the same until the United States should agree to pay and discharge in full the indebtedness of Spain to the said Meade, upon the award of the royal junta. ”