RESERVATIONS UNDER WYANDOT TREATY OF 1817, (continued.) Page. the State of Ohio, as the supplement to the treaty of 1817 reinvested them with their 1272 RESIGNATIONS. A resignation to the President of a director of the Bank of the United States is an in- See also..... .......... RESOLUTIONS OF CONGRESS... . . . RESTORATION OF DISMISSED OFFICERS. REVENUE SERVICE. The Secretary of the Treasury is not restrained to the use of sails for the revenue 747 229 1995 2103 1565 He is, however, restricted as to the amount and description of military and naval 1565 The stockholders are not individually liable for the notes of the Saline Bank, for the Neither can the Saline Bank, as a bank, sustain suits, being unchartered, and all The recaptors of American vessels from pirates are entitled to salvage; but the rate The rate of salvage to which recaptors of an American vessel from pirates are enti- 1970 1233 136 136 346 376 SALVAGE, (continued.) Captures, 237; 1 Cranch, 28.) The only general rule that can be suggested is one-sixth, and half of the vessel, if she shall have been armed after her cap ture... If the recaptured vessel had been long in the hands of pirates, and had been used as their own, a higher salvage ought to be allowed than if she were recaptured in the moment of her capture, having just struck, and her crew still in a capacity to make resistance... The 4th section of the act of 3d March, 1800, refers to the prize law for the proportion of the salvage which the officers and crew shall take in a given case, as well as for the mode in which the share, so taken by them, shall be distributed... The rules for the distribution of prize money are: That the whole of the prize belongs to the captors, when the vessel captured is of equal or superior force to the vessel making the capture; and when of inferior force, the prize is directed to be divided equally between the United States and the officers and men making the capture. (See 5th and 6th sections of the act of 23d April, 1800.)..... . . . The officers and crew of a United States vessel are not entitled to salvage as against the United States for saving the property of the United States wrecked on the Florida reef. . . . . . . . The officers and crew of a vessel in the naval marine service of the United States are entitled to salvage for saving a French ship whilst on the rock of El Riso, near the anchorage of Anton Lizardo; the objection that government vessels are not thus entitled being invalid... The rule is universal in the United States, that salvage rendered by the naval marine is to be compensated in like manner as that rendered by the private marine.. SATTERWHITE, Purser... Page. 381 381 388 388 441 2017 2017 109 1806 1250 ...1894 342, 368, 1230, 1244 515 SEALY, SEAMEN. The master of a vessel belonging to the United States, sold in a foreign country in consequence of her being stranded, is not, within the meaning of the legislature, liable for three months' unearned pay to the seamen under the act of 1803; for neither justice, policy, nor equity, requires an appropriation of the proceeds of a sale for the return of a crew, when the sale was the result of a disastrous providence.... Seamen left behind in a foreign country on account of inability, from sickness, to return in the vessel in which they went out, are within the provisions of the act of 28th February, 1803, supplementary to the act concerning consuls, and for them the master should deposite with the consul three months' pay over wages, &c., as in other cases of voluntary discharge.... ... The three months' pay, over and above the wages due mariners, establishes a ne- American seamen on foreign vessels must look to the laws of the country under Seamen on board ships-of-war are not entitled to pecuniary assistance from consuls under the acts of 1792 and 1803... The act of 1803, requiring masters and commanders of vessels belonging to citizens of the United States, and bound to some port of the same, to take, at the request of the consul, destitute seamen on board, and to transport them to the port of the United States to which such vessels may be bound, is limited to such vessels as 90 387 648 756 775 775 1424 1425 SEAMEN, (continued.) Page. shall be bound from the port where the request is made, direct to some port of the United States. ..... To require all American vessels in foreign ports, whether bound directly to some port of the United States or not, to receive destitute seamen, would be in many cases very oppressive upon masters and owners...... SECRETARY OF THE NAVY.... SECRETARY OF STATE.. SECRETARY OF THE TREASURY. SECRETARY OF WAR... 1593 1593 246 375 .263, 437 .669, 678 1289 Certain negroes, who emigrated during 1837 and 1838, with the Seminoles, from Florida, to the country assigned them west of the Mississippi, but who thereafter left the employment of the Seminoles and went to the military reserve at Fort Gibson, where they were protected by General Arbuckle, pursuant to a letter from General Jesup, dated 8th April, 1846, stating that they had been promised a qualified freedom by him, as commanding general of the army in Florida, should be restored to the condition in which they were with the Seminoles prior to the date of said letter.. The military authorities should be instructed to execute the order. SEMPLE, Hon. JAMES.... SENATE. (See Appointments).. SENECA INDIANS. 1236 1944 1944 1665, 1667 .36, 1091 The Seneca Indians must be protected in the enjoyment of exclusive possession of their lands, as defined and bounded in the treaty of Canandaigua, until they have voluntarily relinquished it...... A right of occupancy during pleasure has always been conceded by Europeans to the North American Indians, (6 Cranch, 121; 8 Wheaton, 548;) wherefore, the question whether purchasers from the State of Massachusetts may enter upon the Seneca lands, depends altogether on the character of the title which the latter re tain in them... So long as they remain in possession of the lands defined in the treaty, neither the government of the United States nor individuals can lawfully enter upon them, but by consent freely rendered on a full understanding of the case. SENECA TREATY OF 1838. The Seneca Indians are entitled to the possession of their hunting-grounds, as well as their cultivated lands, until the time limited by the treaty with them for their voluntary removal. SET OFF. The accounting officers will not be justified in admitting as an offset to an amount due from an individual on a contract with the Navy Department an amount found due to such individual by a jury in Kentucky. The finding of a jury is not per se such an establishment of a claim against the United States as to justify accounting officers in admitting it as a set-off. To allow a set-off is in effect to make payment of a claim set up against a debt due the United States; and unless the accounting officers would be justified in paying it as a separate and independent claim, they cannot properly allow it as a set-off... The law of set-off is limited to mutual debts between the same parties. If it be departed from at the treasury, there will be no other definite rules for the regulation of its practice.... 302 302 302 1383 384 384 457 457 The accounting officers cannot set off against A's trustees a debt owing by A, to the assignees of B, who was a debtor to the United States.. Where a contractor for supplies for the navy, who was bound in separate contracts to furnish sugar and tea in stipulated quantities during a fiscal year, made default in respect to the sugar, but furnished the tea by causing it to be shipped to the naval storekeeper by a house in New York, to whom the contractor endorsed over the bills for the same, and a payment has been refused him on account of the contractor's defalcation on the contract for sugar-DECIDED, that the sale of the tea was made to the contractor, and not to the government, and that the amount due therefor may be held and set off against the damages sustained by the government on account of the non-fulfilment of the other contract....... 1834 SEVERALTY. An award by commissioners under the 7th article of the treaty with Great Britain to SEVERALTY, (continued.) several persons collectively, is conclusive upon the matter so far that the right to transfer is vested in all the persons in favor of whom it is made; and if those concerned have neglected to have inserted in it the amount of their respective interests, or if they disagree as to their several proportions, the embarrassments are attributable to themselves. The government cannot undertake to decide among them... SHALER... Page. 93 790 1637 705 .1384, 1779 301 The 2d section of the act of 28th February, 1803, does not require the papers of an American vessel in a foreign port to be delivered to the consul, only in cases where it becomes necessary to make an entry at the custom-house... A requisition of a deposite of papers, in all cases of arrival where, by the local laws, an entry is not necessary, and where there is no trading or purpose to trade, might add to consular emoluments, but would be embarrassing to the interests of navigation..... Masters of American vessels entering foreign ports where there shall be an American consul and remaining so long as that, by the local regulations, they are required to enter, and afterwards to clear in regular form, are required to deposite their registers, &c., with such consul, irrespective of the purpose for which the port shall have been entered. 1728 1728 2047 (See opinion on this subject delivered by Attorney General Mason on the 11th of June, 1845.) The Third Auditor is to ascertain the actual damages sustained by the claimant, but nothing like exemplary or vindictive retribution is admissible.... 1542 The damages must be such as the claimant would be entitled to recover upon the principles of law as applicable to other cases... By those principles no damages can be allowed but such as directly flow, in the natural and ordinary course of things, from the trespass or omission; distant and accidental consequences, however they may aggravate the claimant's loss, are to be laid out of the question... Neither can vague surmises and calculations of the fruits of projected enterprises be Where by act of Congress the Third Auditor of the Treasury was required, under the direction of the Attorney General, to ascertain the actual damages which a claimant had sustained, and would be likely to recover, upon principles of law applicable to similar cases, by reason of the interference of any agent or agents of the United States, acting under their authority, with the use and enjoyment of his lands in East Florida, and under such instructions examined, and, in 1844, reported the same at an amount which was accepted; and the matter was in 1847 reopened, pursuant to a resolution of Congress, by direction of the Secretary of the Treasury, who, after causing some of the items reported by the Comptroller to be reduced and others to be increased, made a final award of an additional amount, which was also subsequently received by the claimant, who, being dissatisfied therewith, desires the matter to be again opened-DECIDED, that the decisions, awards, and payment were a final disposition of the claim, and to be esteemed in law a full execution of the act and resolution.. 1542 1542 1542 1542 2021 Besides, the receiving of the sum allowed by the decisions and awards estops the claimant from questioning that such allowance and payment was a full and final satisfaction of his entire claim..... If the Secretary of the Treasury is capable of seeing what he does, so that one paper cannot be passed upon him for another, he may impress his name with a stamp or 2021 29 SIGNATURE, (continued.) copperplate instead of a pen, provided he keep the stamp or copperplate in his own possession and apply it himself, or cause it to be applied in his presence. SILVER LANDS. (See Mineral Lands). SINCLAIR, H.... SIOUX TREATY OF 1825. SISTARE, CAPTAIN.. SLAUGHTER, JAMES. SLAVES. It is the duty of the President to cause to be delivered to the minister of Denmark a slave who, by concealment in an American vessel lying at St. Croix, had been brought to the port of New York, and detained in prison until orders might be given concerning the further disposal of him.. Page. 437 1787 46 1970 492 1890 369 369 So long as Denmark tolerates slavery in her dominions, it is an invasion of her sovereignty to take away from St. Croix, by seduction, invitation, connivance, ignorance, or mistake, slaves from the possession of Danish owners, and, if avowed and unredressed on our part, is a just cause of war; to bring them to the United States, and to refuse to return them to their owners on the call of their government, would be such a violation of private property, and such a lawless infraction of the rights and sovereignty of Denmark, as to expose us to the just resentment of that nation, and the merited reproach of the civilized world... The President may issue an order directed to the marshal of the State of New York, requiring him to deliver the slave to the order of the minister of Denmark; or he may notify the governor of that State of the facts, and request him to cause him to be delivered to the marshal for the purpose of delivering him over to the minister.. 369 The treaty with Great Britain contains no express stipulation on the subject of slaves employed as seamen on British merchantmen trading to the United States; and the first article cannot be construed to imply an obligation to protect the rights of foreign owners of slaves brought to our shores thus as seamen... And as it is a fixed principle of the law of England, that a slave becomes free on touching the soil of Britain, the government of the United States cannot be required by the mutuality and liberty expressed in the treaty, nor by comity, to protect the rights of British slave-masters over their slaves when they are found in our country. 793 793 If by the laws of any of the States a slave becomes free as soon as he is brought within their limits, and the slaves of British subjects are found there, and taken by State authorities from their owners and declared to be free, the general government is under no obligation to interfere in behalf of masters, nor have British masters any right to call on the United States to support their claim of property...... 793 Wherefore, the right of property of the master must depend on the laws of the States where the slaves may be found..... 793 The President has no power to cause fugitive slaves, who have taken refuge among the Indians west of the Mississippi, to be apprehended and delivered by the United States officers and agents to the owners from whom such slaves shall have fled.... 1212 Even where slaves shall have taken refuge in the States, the President has no authority to cause a surrender except when previously directed or empowered by a law..... Congress has been silent hitherto upon the subject of fugitives among Indians; and although it have the power to make regulations not inconsistent with subsisting treaty stipulations, until it shall have enacted a law in that respect, the President has no authority to interpose.. SLAVE TRADE. By the act of 224 March, 1774, to prohibit the carrying on the slave-trade from the United States to any foreign place or country, the collector cannot require a bond as a prerequisite to giving a clearance, except upon the oath or affirmation of some citizen.... ....... The act entitled "An act in addition to the acts prohibiting the slave-trade" does not 1212 1212 201 203 204 |