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THE CASE

OP THE

PRIVATE ARMED BRIG OF WAR

GEN. ARMSTRONG,

CONTAINING

LETTERS AND DOCUMENTS REFERRING TO THE HISTORY
OF THE CLAIM; BRIEF OF FACTS, AND AUTHORITIES
CITED; ARGUMENTS OF CHARLES O'CONOR, ESQ.,
HON. P. PHILLIPS, AND SAM O. REID, Jr.; AND

BRIEF OF THE U. S. SOLICITOR

BEFORE THE UNITED STATES COURT OF CLAIMS

AT WASHINGTON, D. 0.

WITH

THE DECISION OF THE COURT,

AND

AN APPENDIX

CONSISTING OF

SECRETARY MONROE'S LETTER OF INSTRUCTIONS TO PRIVATE ARMED
VESSELS; THE TREATY WITH PORTUGAL, AND THE

AWARD OF LOUIS NAPOLEON.

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NEW YORK:
BANKS, GOULD & 00., 144 NASSAU STREET.

ALBANY:
GOULD, BANKS & CO., 475 BROADWAY.

1857.

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PRE FACE.

We present to the public, a full Report of the Case of the private armed brig-of-war General Armstrong. The cause itself is of the most marked and unusual legal and historical interest to the profession and the country at large.

The history of the prosecution of this Claim by the United States Government against Portugal, for a period of over thirty-eight years—involving a correspondence with some of the most distinguished men of the United States, Portugal, England, and France—as unfolded in the able arguments of the distinguished counsel, will be found as interesting as it is remarkable.

This celebrated cause treats of, and the opinion of the court decides upon, some of the most interesting and important points of International Law relating to the rights and duties of Neutral Powers, and their obligations towards belligerents; of the obligations and duties of the Government towards its citizens, and its liabilities; of arbitration and submission; of the duties of the arbitrator, of the award, and its validity, etc., which will render this work invaluable as a reference and authority for the diplomate, the statesman, the jurist, and the lawyer.

THE PUBLISHERS.

OFFICIAL

REPORT

OF

THE BATTLE

OF FAYAL,

MADE BY CAPTAIN REID TO MESSRS. JENKINS AND HAVENS, THE AGENTS.

FAYAL, 4th October, 1814. With infinite regret I am constrained to say it has eventually fallen to my lot to state to you the loss and total destruction of the private armed brig General Armstrong, late under my command.

We sailed from Sandy Hook on the evening of the 9th ult., and about midnight fell in close aboard of a razee and ship-of-the-line. They pursued till next day noon, when they thought proper to give over chase. On the 11th, after a nine hours' chase, boarded the private armed schooner Perry, John Colman, six days from Philadelphia ; had thrown over all his guns. On the following day, fell in with an enemy's gun brig ; exchanged a few shots with, and left him. On the 24th, boarded a Spanish brig and schooner, and a Portuguese ship, all from the Havana. On the 26th following, came to in Fayal Roads, for the purpose of filling water ; called on the American consul, who very politely ordered our water immediately sent off, it being our intention to proceed to sea early the next day. At 5, P.m., I went on board, the consul and some other gentlemen in company. I asked some questions concerning enemy's cruisers, and was told there had been none at these islands for several weeks; when about dusk, while we were conversing, the British brig Carnation suddenly hove in sight, close under the N.E. head of the

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