Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It will be borne in mind that these claims are under the Law of
Nations. As such, the rule of damages is under that law, and not
Municipal Law. Therefore the Committee resort to the Law of Nations.
Among all the authorities, none has spoken more fully and clearly than
Rutherforth; nor is there any one whose words on this point are oftener
cited. Here is the rule:--
“In estimating the damages which any one has sustained, where
such things as he has a perfect right to are unjustly taken
from him, or withholden, or intercepted, we are to consider not
only the value of the thing itself, but the value likewise of
the fruits or profits that might have arisen from it. He who is
the owner of the thing is likewise the owner of such fruits or
profits. So that it is as properly a damage to be deprived of
them as it is to be deprived of the thing itself.”[259]
Grotius says substantially the same.[260] So does Vattel, who declares
that claimants may obtain “what is due, _together with interest and
damages_.”[261] And Wheaton copies Vattel.[262] The Supreme Court of
the United States gives the same rule with nearly equal simplicity:--
“The prime cost, or value of the property lost at the time of
the loss, and, in case of injury, the diminution in value by
reason of the injury, _with interest upon such valuation_,
affords the true measure for assessing damages.”[263]
Such is the law of interest, and the Committee refer to it as
illustrating the accumulated losses which await satisfaction at the
hands of Congress.
RECOMMENDATIONS OF THE COMMITTEE.
The Committee, impressed by the original justice of these claims
and the present obligation of the United States, do not hesitate to
recommend their liquidation and payment at an early day, as they would
recommend the discharge of a national debt. While setting forth the
unanswerable evidence of their value, they content themselves with
the recommendation made many years ago, and repeated by successive
committees of both Houses of Congress, limiting the appropriation to
a sum not exceeding five million dollars, without interest, to be
distributed by a board of commissioners _pro rata_ among the claimants,
according to the provisions of the bill reported herewith. The
limitation is a departure from strict justice, but it is part of the
additional sacrifice which seems to be expected by Congress from these
long-suffering claimants.
In deference to the Secretary of the Treasury,[264] who, when consulted
thereupon, objected to the creation of a stock for this special
purpose, as provided in former bills, it is proposed that the money be
paid whenever Congress shall make an appropriation therefor.
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