Remarks of Charles F. Sibbald
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Remarks of Charles F. Sibbald: In Relation to His Claim for Indemnity on the Government of the United States To avail of the advantages of the 15th article of the Florida Treaty, a business was commenced with Cuba, by shipping flour under the Spanish flag, sent out from this city, in the "lumber vessels." The celebrated patent planing machines of the invention of Mr. Woodworth, of which this Claimant in now the owner for East Florida, he arranged also to have attached to his Mills at that period. In these well-tested and extensive undertakings, this Claimant was hindered, resisted, and stopped, and whilst in the lawful exercise of his rights, was dispossessed of his property by the Officers of the Government of the United States, acting under the orders of the Executive, and Acts of Congress, under the pretence that the Lands in question were "public" property, thereby compelling him to abandon his undertakings, causing the destruction of his Saw Mills, - and with all this, prostrating his commercial credit, - subjecting him to all the attendant evils and sufferings produced by such a state of things, - and causing him such embarrassment as totally to prevent his engaging in business for several years thereafter. The suit of the Claimant for the recovery of his lands, which decided his right of property, will be found in the tenth volume of the Reports of Mr. Peters, at pages 321 and 322, where, on the Decree of the Supreme Court of the United States, it is recorded that the Lands in question, consisting of 16,000 acres, was the property of this Claimant, adjudged to be "valid by the laws of Spain, of the United States, and the stipulations of the Treaty between Spain and the United States, for the Cession of Florida to the latter;" and on this decision, made on the 6th of February, 1836, this Claimant applied to Congress for indemnity for his losses occasioned by the interference with his property. It has been conceded by the highest Law Officer of this Government, that for every illegal act done to an individual, every officer of this nation, acting, aiding, or advising, can be held personally responsible, and is bound to indemnify the party injured. The Constitution of the United States, which guarantees to every citizen that his private rights shall be held sacred and inviolable, has debarred the Citizen from instituting legal proceedings against the Government. But the Government, in all its strength and power, can institute such proceedings against the Citizen. The injured individual then is compelled either to seek redress for his wrongs from Congress, or resort to legal process against the Officer or Officers of the Government, who have caused, or been the instruments of his injury, and they are compelled to apply to Congress for relief. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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