REPORT

OF THE

ARGUMENTS.

ARGUMENT OF SAM C. REID, JUN., ESQ.

IN THE CASE OF THE CLAIMANTS OF THE PRIVATE ARMED BRIG GENERAL

ARMSTRONG.

BEFORE THE U. S. COURT OF CLAIMS, SITTING IN THE

NATIONAL CAPITOL.

WASHINGTON, Saturday, November 17th, 1855.

THIS cause came on to-day by consent. Present their Honors JOHN J. GILCHRIST, Chief-Justice; ISAAC BLACKFORD, and GEORGE P. SCARBURGH, Associate Justices.

The Claimants were represented by CHARLES O'CONOR, Esq., and SAM C. REID, Junior, of New York; Hon. P. PHILLIPS, of Alabama, and HON. CHARLES NAYLOR, of Pennsylvania.

HON. MONTGOMERY BLAIR, U. S. Solicitor, appeared for the Government.

MR. REID, on opening the case, addressed the Court as follows:

May it please the honorable Court

I present myself before your honors to-day to vindicate a principle of national faith, to substantiate the oath of American honor, and to verify a great national and historical fact, denied both by

Portugal and England, and solemnly declared to be false by the public decree of France.

In doing so, I shall expose the most remarkable diplomatic negotiation to be found on record; which reflected as great discredit by the course pursued, as the gallant and brave defence made by the vessel shed glory and splendor upon the country.

Sirs, this is a case in which not only the claimants are interested: it is a cause in which every patriot, every American, has a deep, absorbing interest, so far as the honor of his own country is concerned.

I shall ask the great indulgence of this Court, as I proceed to lay before it the evidence to establish the facts alleged, and I beg your honors will extend to me your liberal forbearance and attention.*

The petition charges that, on the 26th and 27th of September, A. D. 1814, the United States private armed brig General Armstrong commanded by Captain Sam C. Reid, belonging to the port of New York, was destroyed by a large British fleet in the neutral port of Fayal, in the Dominions of Portugal, in violation of the laws of nations. That the Government of Portugal, immediately after the transaction, admitted her liability to this Government, and called upon England for an apology and indemnification, which was unhesitatingly accorded. That the United States Government, from the inception of this claim to the present day, has always acknowledged the rights of the claimants as legal and just. That under the administration of General Taylor, a fleet was sent to Portugal and a peremptory demand made for this claim. That afterwards the Government of the United States made a treaty with Portugal, whereby she compromised the rights of the claimants, and for a bonus agreed to refer the "Armstrong Claim" to arbitration. That Louis Napoleon, the Umpire, decided adversely to the claimants, and contrary to the law and evidence, and the facts in the case, and in violation of his oath as President of the Republic of France, the decision having been rendered by the "Emperor of France." That the treaty and agreement made with Portugal to * See Appendix for documents read in evidence.

arbitrate this claim was made without the knowledge, consent, or advice of the claimants or their agent. That the Government of the United States never protested against said award as being illegal, unjust, and contrary to the articles of the treaty in this case made with Portugal, although she was fully aware of the

same.

That the Government of the United States, in making said treaty with Portugal, without the knowledge, advice, or consent of the claimants, assumed the responsibility, and undertook, and promised to pay the claimants their justly-recognized demands against Portugal, to wit: the sum of one hundred and thirty-one thousand and six hundred dollars, being the amount recognized by this Government and demanded of Portugal.

That the facts herein contained all appear in the following documents, which are prayed to be filed herewith, and made a part of this petition, to wit:

No. 1. "The memorial to Congress of Sam C. Reid, jr."-(Sen. Mis. Doc. No. 14, 1st sess. 33d Congress.)

No. 2. "Message of the President of the United States," containing the correspondence, &c., from 1814 to 1844, in Sen. Doc. 14, 1st sess. 29 Congress.

No. 3. "Convention and treaty with Portugal."

No. 4. "Message from the President of the United States," containing correspondence, &c., between this Government and Portugal, in Ex. Doc. No. 53, Ho. of Rep. 1st sess. 32d Congress.

No. 5. "Correspondence and award of Louis Napoleon," in Ex. Doc. No. 24, Senate 2d sess. 32 Congress.

No. 6. "Reports of Committees in Senate and House of Representatives."(1st sess. 33d Congress, No. 157 Senate, and 139 House of Representatives."

No. 7. Debate on the bill in the Senate, in speeches of Ho.. Messrs. Clayton, Brown, Bayard, Seward, Weller, Cass, and Houston.

Your petitioner further represents that the said claim was pre

sented to the Congress of the United States on the 19th day of January, 1854, and referred to the Committee on Foreign Relations in the Senate. Said Committee, on the 10th day of March, 1854, reported in favor of said claimants; which said report and accompanying bill have been made parts of this petition. On the 26th day of January, 1855, the bill was ordered to be engrossed for a third reading, by a vote in the Senate of ayes 22, nays 17, which vote was afterwards reconsidered on the 16th February, 1855, and the bill ordered to lie upon the table by a vote of ayes 24, nays 23. Your petitioner further represents that the said claim, having also been presented to the House of Representatives, the Committee on Foreign affairs, to whom it was referred, reported in favor of the claimants on the 29th of May, 1854, which said report and accompanying bill have been made parts of this petition. That said bill for the relief of the claimants failed to be acted upon by the House of Representatives for the want of time, and was, by a resolution of that body, transferred to this honorable court.

Therefore your petitioner prays that, in consideration of the premises, after investigation and argument herein, a bill be reported by this honorable court for the relief of the owners, officers, and crew of the United States private armed brig General Armstrong, the claimants in this case, to the Congress of the United States, appropriating the sum of one hundred and thirty-one thousand six hundred dollars, to be paid to the said claimants, or to their legally authorized representatives, out of the treasury of the United States. And, in duty bound, your petitioner will ever pray, &c.,

DISTRICT OF COLUMBIA,

City and County of Washington.

SAM C. REID, JR.

Agent and Attorney for Claimants.

Personally appeared before me, the undersigned, Sam C. Reid, Jr., one of the claimants in the above case, who, being sworn, made