His uniform courtesy and kindness of manner has made his official intercourse with the members of the court peculiarly agreeable to them. It is therefore alike proper and just that this expression of our opinion of his ability, fidelity, and integrity should be placed upon the record. December 29, 1876.

The court also place upon record their sense of the value of the services of JOHN DAVIS, esq., the clerk of the court. Nothing could have exceeded his industry, his fidelity, and his careful attention to his duties, including not only the keeping of the records, but the management of all the financial business of the court; and the very moderate expenses of the court are in a great measure due to his watchfulness.

In all the various duties of his office he has exhibited very marked executive and administrative ability.

December 29, 1876.

Mr. Fish to Mr. Davis.

WASHINGTON, January 18, 1877. SIR: I have received your letter of the 5th instant, with which you transmit a report of the business of the Court of Commissioners of Alabama Claims, together with several of the opinions of the judges of the court delivered in the more important cases brought before that body. You also state that the court, having examined and decided all claims submitted to it in accordance with the several acts prescribing its jurisdiction, adjourned on the 29th December last.

The complimentary reference made by you to the gentlemen employed in the discharge of the work of the office is very gratifying, and I cannot permit the present occasion to pass without adding an expression of my own high appreciation of the intelligence and fidelity displayed by you in discharging the important trust confided to your care, and of my regret at the close of your long official connection with the Department. I am, &c.,

British subject resident but not naturalized in the United States at the
time of loss not entitled to recover, although his partner, an American
citizen, may for his proportion of the loss...
Shipping goods on American vessels or employed as seamen on them
entitled to indemnity for property destroyed..
The eleventh section of the act under which the court is organized pro-
vides that no claim shall be admissible or allowed arising in favor of
any person not entitled at the time of his loss to the protection of the
United States "in the premises," &c.: Held, That this provision em-
braced all persons, whether native born or of foreign birth, whether
naturalized or unnaturalized, except the subjects of Great Britain, who
are held to be excluded on other grounds. (Worth vs. The United
States)

The doctrine held by the court in Worth vs. The United States, that
claims may be sustained in favor of foreigners not naturalized, affirmed.
Foreigners who have never resided in this country, yet who have laden
their property on board American vessels, are entitled as to such prop-
erty to protection in the premises, and may recover for its value if
destroyed. The exclusion of British subjects from a right of participa-
tion in the Geneva fund extends only to subjects native born, and not
to persons who have acquired rights of naturalization in British India,
but who still retain their citizenship of origin. (Schreiber et al. vs.
The United States).

Allegiance.

Almira, the

See True allegiance.
Pardon.

See True allegiance,
Protection, and
Pardon.

Amendments, general practice as to

The amendment of claims will be allowed: Where the court is satisfied that
the original petition was filed in good faith; where the ayerment sought to
be corrected originated in some error or want of information on the part of
the claimant or his counsel; where the motion to amend is made within a
reasonable time, and where the Government has not mean while been misled
in some material point in the preparation of its proofs. (Schreiber et al. vs.
The United States)

Appeal to the Supreme Court of the United States contended for
Arbitration, tribunal of..

Ariel, the

Assignee, right of, to recover

Attorney, verification of petition by

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154

21, 53

The cost of an adjustment of general average on a ransom-bond taken
from the master of a vessel captured (but not destroyed) by the Ala-
bama is not a loss directly resulting from damage caused by one of the
said cruisers. (Hyneman vs. The United States)

Bonded vessels

Where a vessel captured and bonded in the Arctic Ocean is obliged to con-
vey to a port of refuge the crews of other vessels captured and burned,
a sum is to be awarded to the owners as compensation for property and
expenses incurred; also, a sum in lieu of catch, in the enjoyment of
which the ship's company shall have part, which sum shall include com-
pensation for provisions consumed for the enforced use of the vessel,
the compulsory service of officers and crew, and shall embrace the con-
sideration that the vessels were left thirty days' sail at least from the
point of departure, to which point they had a right to claim to be re-
turned. (In re ships James Maury, General Pike, Milo, and the bark
Nile)

Bone, value of

See Damages not directly resulting, (in re bark Richmond.)
Baron de Castine and Justina.

Cargo, value of, how estimated. See Measure of damage, (opinion, page 65.)
Carusi, Thornton:

Coin, time when value of, is to be calculated in currency. See Measure of
damage, (opinion, page 77.)

Colby vs. The United States.

Commercial Mutual Marine Insurance Company vs. The United States
Commonwealth, the.....

Conflicting rights.

See Freight.

See Title, conflict of.

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78

117

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14

14

23

13

10

23

18

115

18, 88

Consignor and consignee, title to personal property as between

23, 107

Court, the Court of Commissioners of Alabama Claims in every essential
attribute a..........

25

124

Cruisers, not included in the act, claims for loss occasioned by, dismissed.
Currencies, difference in. See Measure of damage, (opinion, page 77.)

9

10, 154

30

22.

Damage, measure of.

See Measure of damage.

Page.

Damages :

Not directly resulting.
Louisiana, the, lost in attempting to escape the Shenandoah. Petition
dismissed

Mary, the, loss occasioned by shipping oil in British vessels to escape
cruisers. Petition dismissed.

All claims for damage caused by the so-called insurgent cruisers Ala-
bama, Florida, and their tenders, and all claims for damage caused by
the so-called insurgent cruiser Shenandoah after her departure from
Melbourne, on the 18th day of February, A. D. 1865, must directly result
from damage caused by said cruisers.

No claim for "prospective profits

"" can be admitted or allowed under
the act of Congress of June 23, 1874, creating the court of commissioners
of Alabama claims. (Gannett admx. vs. The United States).
The act creating the court of commissioners of Alabama claims limits its
jurisdiction to claims for losses directly resulting from damage caused
by certain so-called insurgent cruisers.

The cost of an adjustment of general average on a ransom-bond taken
from the master of a vessel captured (but not destroyed) by the Ala-
bama is not a loss directly resulting from damage caused by one of the
said cruisers. (Hyneman vs. The United States)
The court has no authority to make compensation for damages occasioned
by taking the crews of vessels destroyed by one of the so-called insurgent
cruisers from a vessel captured and bonded, and carrying them to a place
of safety; the vessel for which compensation is claimed never having
been captured. The damage under these circumstances is too remote.
(In re Bark Richmond.)

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19

20

42

45

56

Davis, John:

To Secretary of State

Report..

Nomination of as clerk.

Services of....

See Freight.

Prospective profits.
Person, injuries to.

Fees.

Electric Spark, claims for loss by destruction of.

See Freight. (Tayler et al. vs. the United States.)

Forfeiture of vessel under section 4171 Revised Statutes of the United States.

Freight

See Martaban.

Where a vessel has sailed under a charter-party with cargo aboard, she is
entitled, under the act of Congress of 23d June, 1874, to net freight for
the whole voyage, in accordance with the terms of the charter, though
destroyed by an insurgent cruiser when but one day out.

Where destroyed while sailing in ballast, under charter, to take in cargo
at her port of first destination, to be carried thence to a port of final des-
tination, she is entitled to net freight on the cargo which she was thus
to have taken on board.

Where destroyed while sailing under one charter to deliver, at a designated
port, cargo on board, and to bring other cargo home, she is entitled to
net freight for the round trip.

Where destroyed while sailing under two distinct and independent char-
ters, to carry under the first cargo to an intermediate port, and under
the second to carry other cargo to a port more distant, she is entitled to
net freight under each charter, though destroyed before the fulfillment
of the first, if she has made it satisfactorily to appear by proper proof,

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113

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