Reports And Digest of Opinions Delivered Since the Organization of the Court : [1855-1856]
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It has been correctly said that the tribunal created by the act of 1823, and recognized by the act of 1834, consists of two parts : the judge in Florida constituting one, and the Secretary of the Treasury the other. The judge in Florida was to take the testimony, and determine upon the merits of the claims; and when he had decided in favor of a claim, he was required to report his proceedings, with the evidence, to the Secretary of the Treasury. And the Secretary, on being satisfied that the de...cision was just and equitable, within the provisions of the treaty, was to pay the amount.
It appears to us that the tribunal so constituted, is in ac- cordance with the requirements of the treaty. The treaty required the injuries to be established by process of law. That phrase, process of law, when used in a treaty, must, says an eminent lawyer, "be interpreted according to the law of nations, and not according to our municipal code." And no authority has been referred to showing that such phrase has any tech- nical meaning by the law of nations.
What to read after Reports And Digest of Opinions Delivered Since the Organization of the Court : [1855-1856]?
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To quickly assess the difficulty of the text, read a short excerpt:
It has been correctly said that the tribunal created by the act of 1823, and recognized by the act of 1834, consists of two parts : the judge in Florida constituting one, and the Secretary of the Treasury the other. The judge in Florida was to take the testimony, and determine upon the merits of the claims; and when he had decided in favor of a claim, he was required to report his proceedings, with the evidence, to the Secretary of the Treasury. And the Secretary, on being satisfied that the de...cision was just and equitable, within the provisions of the treaty, was to pay the amount.
It appears to us that the tribunal so constituted, is in ac- cordance with the requirements of the treaty. The treaty required the injuries to be established by process of law. That phrase, process of law, when used in a treaty, must, says an eminent lawyer, "be interpreted according to the law of nations, and not according to our municipal code." And no authority has been referred to showing that such phrase has any tech- nical meaning by the law of nations.
What to read after Reports And Digest of Opinions Delivered Since the Organization of the Court : [1855-1856]?
You can find similar books in the "Read Also" column, or choose other free books by United States Court of Claims to read onlineMoreLess
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