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Alston, having been irregularly shipped, occasioned the seizure and detention of the ship, and the owners refused to deliver the box unless I would pay thirty guineas damages. This I declined, and the box was taken to the custom-house, where it has lain these six weeks unopened.
Choate, in carrying out instructions received from Washington, insisted that where the ship was seized and taken into port on the charge of trading with the enemy, and where the flour was not held as contraband, and was not claimed to be contraband, and under the circumstances could not be involved in the specific charge against the ship, it was manifestly a great hardship for the owners of the flour to be compelled to go into the prize court at a port short of the original destination even for the purpose of proving their ownership, which he insisted would involve costs and damages for the detention and possible deterioration in value.
"I am not standing on it now; I am listening to your utter misapprehension of me and my motives.... I don't care for any damages." "It is perfectly proper for you to claim them, if," he added cautiously, "they are within reason " "Mr. Portlaw!" "What?" he asked, alarmed. "I would not touch a penny!
At the third conference at Rio de Janeiro in 1906 and the fourth in Buenos Aires in 1910, its field of effort was further broadened, and in the latter year a recommendation was passed that the Pan American states bind themselves to submit to arbitration all claims for pecuniary damages.
"I do wish she'd come!" exclaimed Paul Pringle as he eyed her, while he and his companions were repairing damages, again to make sail. "We'd have her too I know we should." "I thought that I should bring you good luck, Monsieur le Captain," said the old pilot when the action was over; "I always do." "I hope you will stay with us and bring us more, then," answered Captain Garland.
I commenced, however, a prosecution against the captain at common law for his barbarous usage of them, and desired that it might be pushed on as vigorously as possible; and the result was, that his attorney was so alarmed, particularly after knowing what had been done by Sir Sampson Wright, that he entered into a compromise to pay all the expenses of the suit hitherto incurred, and to give Ormond and Murray a sum of money as damages for the injury which they themselves had sustained.
Under the methods of the last two centuries, it has been in administration a process as regular, legally, as is libelling a ship for an action in damages; nor does it differ from it in principle. The point at issue really is not, "Is the property private?" but, "Is the method conducive to the purposes of war?"
According to the white man's laws, if a man takes that which does not belong to him, he has to return it and pay for the damages. Will our great father see that this man restores to us what he has unjustly taken from us, for we look to our big father to fulfill his promises and give us the presents and money that are due to us.
"In consideration of all the above, and particularly on account of the danger to which his relatives were exposed, and also for the unjustifiable looting on the part of the regular troops in the service of a constituted government, the undersigned does most solemnly protest, and asks an immediate indemnity for the damages suffered, which he values at $5,000, as all work has been stopped on the plantation and everything abandoned."
But among that number of persons there can hardly fail to be one or two of superior character and intelligence. These, with the aid of the judge, if he be one who fulfills properly his part of the proceeding, can generally lead the rest to a just conclusion. If the verdict is for the plaintiff, they may have to yield to some compromise as to the amount of damages.
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