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191

17.

& I meditate with exultation,

not fear; upon the proud Spectacle
of a peaceful Judicial sorrow
anflicting sovereign Clains, and transly
toaaption by this more
Amplictyonic Crincil

t

by

Как
I voo in

plade of the immortality of
HPP a porpetuity of

The Union, of
National Strength and Glory encraving

and brightoning

witt

сож

goof at home and reputation abroad

193

N. I.

MR. PINKNEY'S OPINIONS DELIVERED AT THE BOARD OF COMMISSIONERS, ACTING UNDER THE 7TH ARTICLE OF THE TREATY OF 1794, BETWEEN THE

UNITED STATES AND GREAT BRITAIN.

THE BETSEY,
FURLONG, Master.

DR. NICHOLL." The board having maturely considered the Memorial and Exhibits, together with the letter of Mr. Gosling, and it being proposed and agreed that the board should now come to a decision on the following question: Whether on behalf of the claimant, a case has been made out which comes within the provisions of the treaty ?' Dr. Nicholl stated as his opinion, that the sentence of condemnation having been affirmed in this case, upon an appeal to the supreme tribunal, credit is to be given to it, inasmuch as, according to the general law of nations, it is presumed that justice has been administered in matters of prize by the supreme tribunal of the capturing state.

"That the treaty has not altered this general rule of the law of nations, having engaged to afford relief only in cases (either existing at the time of signing or arising before the ratifications) in which, from circumstances belonging to them, adequate compensation could not then be obtained in the ordinary course of justice, or in other words, (but no words can be more explicit and clear than those of the treaty itself) cases to which circumstances belonged that rendered the powers of the Supreme Court of this country, acting according to its ordinary rules, incompetent to afford complete compensation.

"That the appeal was heard after the signing of the treaty, and the claimant has not satisfactorily shown any circumstances, belonging to his case, on account of, which adequate compensation could not have been obtained in the ordinary course of judicial proceedings; or on account of which the supreme tribunal could not fully consider, and justly decide upon the whole merits of the case.

"Dr. Nicholl therefore thought that the claim ought to be dismissed. (Signed) JOHN NICHOLL.

January 30th, 1797.

"Enlarged opinion by

Dr. NICHOLL. "Several members of the board have recorded their opinions, not only on the preliminary question which arose in this case, as to the construction of the treaty, but also on the merits of the claimant's demand of compensation. They have not only recorded the general grounds of their opinions, but have discussed at length several of the topics that were either contained in the printed cases and other proceedings, or mentioned at the board in the course of the inquiry.-Lest from this latter circumstance it should be inferred that those topics formed the principal grounds of my decision, I feel myself called upon to state in writing the reasons of my ultimate opinion on the merits of the case.

"At the same time, I take the opportunity of declaring that it is not my present intention again to resort to this measure, not thinking that the duty I have undertaken calls for it.

"Upon the construction of the treaty as to the extent of the powers given to the commissioners, it might be questioned how far the decision of the board was binding on the high contracting parties. The decision might be revised, and the reasons of each member might be required to appear. I therefore record mine. But upon the merits of the claims and the amount of compensation, the treaty has expressly declared the decision of the majority of the board to be final and conclusive.

"It would be extremely inconvenient, if not altogether incompatible with my professional engagements, to state my opinion in writing on the merits of each case.

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