C{ass_f 5\5 Book. Ss^^ REMARKS OF CHARLES F. SIBBAIiD, ON HIS CLAIM FOR INDEMNITY ON THE GOVERNMENT OF THE UNITED STATES. ^ REMARKS OF ^ ^ CHARL.es F. SIBBAL.D, In relation to his Claim for Indemnity on the Government of the United States, And on which evidence has been taken by the Honourable the Secretary of the Treasury, under a Resolution of Congress. The undersigned, Claimant, a merchant of the city of Phila- delphia, being the owner of several extensive bodies of very valuable Land in East Florida, which he had acquired during a residence there, whilst that Territory was attached to the Crown of Spain; — in order to make the same productive, erect- ed on his premises between the years 1S2S and 1830, three Steam Saw Mills, one of which worked forty-eight saws; he had also previously erected, to wit, in the year 1819, whilst that territory was yet under the Government of Spain, a Water Saw Mill. These Mills formed one of the largest concerns in the world for the manufacture of Lumber, and the cost of which, with interest, now exceeds one hundred and twenty thousand, and including the Water Mill, one hundred and fifty thousand dollars. Ship building, under the superintendance of an eminent ship builder, selected in Philadelphia, was commenced on his said premises, to avail of the combined advantages of these Mills to furnish Lumber, and transportation of the materials required from hence; with the still greater inducement of having on the spot, the most valuable timber of every description for the pur- pose. The Claimant contracted with Government and individuals, to furnish Live Oak and other timber, to be cut from his own forests, — was under heavy bonds for their faithful execution, and which contracts exceeded in amount three hundred thou- sand dollars. Several vessels were purchased, and many others chartered, to carry the objects undertaken into effect. An extensive store business was established at the Mills, uniting to the sale of every description of merchandize, the pur- chase of cotton and other produce. To avail of the advantages of the 15th article of the Florida Treaty, a business was commenced with Cuba, by shipping flour under the Spanish flag, sent out from this city, in the " lumber vessels." The celebrated patent planing machines of the invention of Mr. Woodworth, of which this Claimant in now the owner for East Florida, he arranged also to have attached to his Mills at that period. In these well-tested and extensive undertakings, this Claim- ant was hindered, resisted, and stopped, and whilst in the law- ful exercise of his rights, was dispossessed of his property by the Ofiicers of the Government of the United States, acting un- der the orders of the Executive, and Acts of Congress, under the pretence that the Lands in question were "public" property, thereby compelling him to abandon his undertakings, causing the destruction of his Saw Mills, — and with all this, prostrating his commercial credit, — subjecting him to all the attendant evils and sufferings produced by such a state of things, — and causing him such embarrassment as totally to prevent his engaging in business for several years thereafter. The suit of the Claimant for the recovery of his lands, which decided his right of property, will be found in the tenth volume of the Reports of Mr. Peters, at pages 321 and 322, where, on the Decree of the Supreme Court of the United States, it is re- corded that the Lands in question, consisting of 16,000 acres, was the property of this Claimant, adjudged to be " valid by the laws of Spain, of the United States, and the stipulations of the Treaty between Spain and the United States, for the Cession of Florida to the latter;" and on this decision, made on the 6th of February, 1836, this Claimant applied to Congress for indem- nity for his losses occasioned by the interference with his pro- perty. It has been conceded by the highest Law Officer of this Gov- ernment, that for every illegal act done to an individual, every officer of this nation, acting, aiding, or advising, can be held personally responsible, and is bound to indemnify the party in- jured. The Constitution of the United States, which guarantees to every citizen that his private rights shall be held sacred and in- violable, has debarred the Citizen from instituting legal pro- ceedings against the Government. But the Government, in all its strength and power, can institute such proceedings against the Citizen. The injured individual then is compelled either to seek redress for his wrongs from Congress, or resort to legal process against the Officer or Officers of the Government, who have caused, or been the instruments of his injury, and they are compelled to apply to Congress for relief. It certainly could not have been designed by the framers of that Constitution, to shut out an individual from obtaining such indemnity for his wrongs, as a tribunal of justice would compel from individuals. Such an idea would be a stigma on the honour of this nation that should not be entertained, and that never could have been contemplated by the framers of the Constitution of this Govern- ment, — who certainly designed, or had in view, that Congress should be the tinbunal to award to the just claimant the en- tire measure of his injury, as a Court of Justice; and to the same extent. This is all this Claimant asks, and it is what he i expects from Congress; and to show that he desires nothing but justice, the Report of the Committee of Congress, to which his case was referred, has clearly demonstrated, by stating that the Petitioner " ivas extremely solicitous to leave the decision of . this Claim to one of the Courts of the United States." To revert to the origin of this case, the undersigned, a native ^ American, removed from the cit)^ of Philadelphia, with his pa- "- rents, whilst he was yet a minor, to the then province of East Florida, about the year 1805, and was a resident there nearly fifteen years. For a number of years, he gave his attention in that territory to mercantile pursuits, and he received this land grant from the Government of Spain, long prior to the cession of Florida to the Government of the United States. The grant was made on the condition of the erection of the Water Saw Mill be- fore mentioned, which condition was performed whilst Florida was yet a Spanish colony. But this condition was not carried into execution without incredible difficulty, and at the expense of vast sums of money paid in making him the owner of this property, which was surveyed by the Spanish Surveyor General for his use; and in accordance with the provision of the Grant, the proper documents for " his security," and in evidence of his title, were delivered to him. After twelve years of quiet and undisturbed possession, the Officers of the Government of the United States adopted the measures which have proved so fatal to him, so very destructive, and so important in their conse- quences. The eighth article of the Florida Treaty, contained a solemn and positive stipulation, that these private rights should be held sacred and inviolable. The first violation of this Treaty on the part of the Govern- ment of the United States, was the act of Congress, passed in 1822, limiting the decision of Commissioners to be appointed under that act, to investigate these Land Grants, to quantities not exceeding 3500 acres in extent. (See Claimant's remonstrances, printed documents.) These acts of Congress were most unjust and injurious in their consequences, and were in fact a libel on the rights of this Claimant, whose title for 16,000 acres was thereby deteriorated, and affected in the public estimation, and prevent- ed his making sales of his lands — and these acts of Congress formed the groundwork or basis of the destruction, — the losses and the sufferings, — for which this Claimant now seeks redress of this Government. The Supreme Court of the United States has fully defined the rights of claimants to Land under the Florida Treaty. In the printed documents heretofore submitted by the Claimant, these decisions have been exhibited by him at length, at pages 33 to 36, and he will only now insert the following: " That by the laws of nations, the inhabitants, citizens, or subjects, of a ceded, or conquered country, territory, or province, retain all the rights of property, which have not been taken from them by the orders of the conqueror, or the laws of the sov- ereign, who acquires it by cession, and remain under their for- mer laws until they shall be changed." " That a treaty of cession was a grant by one sovereign to another, which transferred nothing to which he had no right of property, and only such rights as he could convey to the Grantee. That by the Treaty with Spain, the United States acquired no lands in Florida, to which any person had lawfully obtained such a right, b}^ a perfect or inchoate title." " That the effect of these clauses of confirmation of Grants made, was, that they confirmed them presently on the ratifica- tion of the Treaty, to those in possession of the land, which was declared to be that legal seisin and possession which follows a title, is co-extensive with the right, and continues till it is oust- ed by an actual adverse possession, as contra-distinguished from residence and occupation." " In taking possession of Florida, pursuant to the Treaty, and establishing a Government in and over it. Congress have acted on the same principles which were adopted by this Court in former eases. In the acts of 1821, for carrying the Treaty into execution. Congress authorises the vesting the whole power of the Government in such person as the President may direct, for the maintaining the inhabitants in the free enjoyment of their property. ^^ The policy of Spain so diametrically opposite to that of the Government of the United States, in relation to the public do- main, and in which Spain has ever been so liberal throughout her colonies and dominions, was to Florida a matter of great commercial importance, bringing there the ships of almost every commercial nation of the globe, for the valuable timber contain- ed in the forests of that territory; which, as will be seen in printed documents of Claimant, page 35, " was felled by the in- habitants wherever they pleased, loithout restriction^ It was the early development of the course contemplated to be pursued by the Government of the United States, that caused this Claimant to return to his native city of Philadelphia, im- mediately after the change of flags in 1823. This policy compelled this Claimant, whilst it prevented him from selling his lands, to seek new sources of business and em- ployment; he therefore resolved to establish himself in mercan- tile pursuits in this city; and after becoming sufficiently known, and obtaining legal opinions for the satisfaction of others with regard to the validity of his Land Claims in Florida; finding that he could form credits with some of the most eminent and respectable commercial houses in New York, to use (if necessa- ry) to put the plans of business which he had formed with re- gard to his property in Florida, into execution, he determined to proceed, as has already been stated. These credits, however, could not be entertained on any other basis than of his being the owner of a property, estimated and in fiict of great value. This property in reality was his only capital, having invested his all in it from his early life. The attention of the Claimant in these extensive undertak- ings, was immediately directed to a well arranged plan to ob- tain means from his lands, without having to resort to borrow money. On his land the most valuable timber abounded, the well known Live Oak, the Red Cedar, and the Yellow Pine. On the tract where the Mills were erected, known as the " Panama Steam Saw Mills," the beautiful, extensive river the St. Johns, afforded a most desirable situation quite near to the sea, permitting vessels of a large class to pass to, and load im- mediately along side of his Mills, from which they received the Lumber of a most beautiful and superior quality, bright from the saws. This Pine would speedily have given this Claimant large resources, whilst the situation of the Mills for business, opened a theatre of action for extensive mercantile enterprize, which a long residence in Florida, and unremitted and assiduous atten- tion to business, had educated this Claimant to profit by. To show the means which this Claimant would have speedily real- ized, he will state that the contracts for Live Oak Timber, en- tered into with the Government, and Mr. Grice, in execution of the plan which he had formed, exceeded three hundred thou- sand dollars, as before mentioned. The timber contained on these contracts, at its common cost per cubical foot, was worth in his forests about sixty thousand dollars, which price would have to be paid for the timber alone in such contracts, by per- sons who had not their own forests to resort to. The portion of his lands from whence this timber was designed to be cut, would have given greater inducement to purchasers of Sugar Plantations, to which culture it was so well adapted, when it was cleared of the heavier growth of timber. In this way, with the exception of the small portion which he had himself designed to employ in agriculture, a large capital would soon have been realized from his Lands and Timber. In the year 1S35, when this Claimant was last notified by the Collector of the Customs of St. Augustine, (whose letter, see page 32, print- ed documents,) that he could not use his property, he had actu- ally sent out from this city a number of Germans, with horses, ploughs, and other agricultural implements, and every thing necessary to commence a plantation for the cultivation of the Sugar Cane. This Claimant has not made any statement of a loss of this character, but while other persons have made thousands and tens of thousands of dollars, by such investments, the ques- tion suggests itself, — Have not these measures of the Govern- ment in their earlier stages, in interfering with his rights, also occasioned him a loss, in what he had evinced a determination to participate in? Since it is evident that not only he possessed the most valuable land for the purpose, but also the means of carrying such a measure into execution. Suppose then that this Claimant had invested a hundred thousand dollars in a Sugar Plantation on his lands, which he >certainly could as readily have done, as to have invested that "^um in Steam Mills; this sum would have placed two hundred operatives to that pursuit, — and at four hundred dollars to the hand, which has been the common product of Florida, it would liave left a nett income of eighty thousand dollars per annum. Could the party interfering with, and destroying his operations, in this way, not be held liable for the annual nett profits of such investment? Most assuredly they could, on every moral as well as legal principle. The official documents obtained from the public departments at Washington, and furnished to the Committee of Congress at the past Session, will show that in the year 1828, the Navy De- partment commissioned Mr. William D. Acken, a special Agent of the Government, to proceed to Florida, arming him with authority to call on the " military and naval forces of the United States," to carry into effect the objects of his commission; (which see.) He was further ordered to "follow the instructions of the District Attorney of the United States in that Territory." The District Attorney was instructed by the General Land Office "and Treasury Department, to stop the cutting of valuable tim- ber of every description on Spanish Grants filed, but not yet confirmed." (See Instructions.) The Collector of the Customs of St. Augustine was likewise directed by the Secretary of the Treasury to act in accordance with these instructions. In pursuance of these orders, in the month of December, 1828, this Claimant was first made to feel the operation of these mea- sures, by the Government Agent, who stopped Mr. Grice, of this city, from cutting the Live Oak timber of the Claimant on his "Smyrna" tract of Land; for this timber Mr. Grice was to have paid instanter, a clear cash profit of about Sixteen Thou- sand Dollars to the Claimant, who had agreed "to hold him harmless in cutting''^ the same. This contract of Mr. Grice's, exceeded One Hundred Thousand Dollars, the liability under "bond, with approved security," for "one third." With this interference, commenced his remonstrances to al- most every Department of the Government, for such an infa- mous violation of the Florida Treaty, and invasion and sacrifice of his private rights. (See printed documents.) The next step taken by the Government Agent, after the Claimant had been permitted to erect his third Saw Mill, and had disbursed such an enormous sum, was to come to the Mills, and in the presence of a number of witnesses, who have testi- fied, forbid his Agent from cutting his Pine timber to supply the same; the building of which, of course, had been exclusive- ly induced from the confidence of his rights, the reliance on his lands to support, and his timber to supply them. This mea- sure, in which the Claimant instantly saw the inevitable destruc- tion of his business, and which the captains of vessels, who were present, on reaching their destination, so soon acquainted some of his friends with, to the great injury of his commercial credit, was not submitted to, or his rights surrendered, without resist- ing it to the utmost, as the correspondence with the Officers and several Departments of the Government, together with the evi- dence that has been taken on the subject, will exhibit. The Mills of the Claimant required from one to two hundred logs of Pine timber every day that they were in operation, on their extended scale. The contracts of Mr. Grice, and those afterwards entered into by the Claimant, with the Navy De- partment for the Live Oak timber, for three Ships of the line, four Frigates, three Sloops of war, and a Schooner of war, amounting to upwards of Three Hundred Thousand Dollars, with "approved sureties," on "bonds for one third," his other private contracts for beams, ranging timber, spars, girders, and his ship building commenced, all on the reliance of his lands to supply this timber — and here is the point on which he was principally, and so effectually assailed. The Government Agent says in his testimony, — "Mr. Grice was forbidden by me as Agent of the Government, to cut Live 8 Oak timber; and Mr. Sibbald and his Agents were prevented by me as Agent of the Navy Department, and advised by tlie Dis- trict Attorney, from cutting Live Oak upon said lands." The District Attorney has testified that he was instructed and did consider these Lands as ^'■public Lands,^^ until confirmed, and has given a certified copy of his instructions from the General Land Office, under the authority of the Treasury Department; and adds, that he has no doubt but that the Claimant was for- bidden to cut timber of every description on his lands, until they were confirmed. The Collector of the Customs at St. Au- gustine, has testified that he was instructed to act in accordance with these measures, and that the Government Agent had ac- quainted him (the Collector) of his proceedings with regard to the Claimant's property, in stopping him from cutting timber of every description, which the Agent corroborates by stating that he did inform the Collector of all the measures adopted. The Agent of the Claimant at the Panama Steam Saw Mills, at the time of his being dispossessed, has testified as follows, in his evidence taken by the United States District Attorney in this city; " Mr. Sibbald was as before stated, dispossessed of his Lands and Mills by the Officer and Agent of the United States, Mr. William D. Acken; — he was a special Agent of the Gov- ernment, sent from Washington, and acted with Mr. Douglass, the District Attorney — he stopped Mr. Samuel Grice from cut- ting Live Oak Timber on the Lands claimed by Mr. Sibbald — and forbid me from having Pine Timber cut to supply the Saw Mills; the people I sent on Mr. Sibbald's Lands to cut Mill Logs were driven from their work, by Mr. Acken; and he threatened me with an injunction, arrest, and imprisonment — and to bring a detachment of troops from St. Augustine to put me in the fort — as I wrote Mr. Sibbald at that time. (See let- ters, printed documents, pages 19 and 20.) He also seized the Mill Logs cut for the use of the Mills and threw every possible obstacle in my way, until I was compelled to submit." Nineteen or twenty witnesses on the part of the United States and the Claimant, have been examined by the United States' District Attornies, under authority of the Treasury Depart- ment; who generally have testified to the same effect, among which, however, one of the Agents of the Government, Mr. William D. Acken, says, that he did not consider this was dis- possessing this Claimant. The Attorney General of the United States, Mr. Wirt, in an official opinion given at the instance of the Secretary of the Treasury, says, " cutting of timber would be an act of owner- ship;" this high authority then would show that stopping of the cutting of timber is incontrovertible " dispossession^ 9 Jiulge Randall has saiil respecting those Claims exceeding 3500 acres, — " Do the United States not hold possession? It must be in the United States, or in the claimants, or it must be direlect — the latter supposition would be al)surd. Under the act of the 3rd of March, 1S07, specially and expressly applied to the territory, it is seen that the claimants are allowed qualified occupancy to limited and definite quantities, and for all other tracts of a larger or unascertained amount, they are not allowed even this quasi possession. The possession of these large grants, except to the extent above specified, can only be and remain in the United States, until a final decision had, and they have uni- formly acted as if in possession. So far as was required by the pub- lic interest, compatibly with what was due the claims of others, they have treated these large grants of land as public property, and possession is proved to be in the United States.'''' It needs no explanation to demonstrate the effect on a man of business, and on the commercial credit of a merchant, in hav^ ing his property claimed by another party — legally or illegally locked up from him — and taken out of his control and posses- sion. The first shock of these measures was calculated to paralyze every effort of resisting the terrible force of the coming storm, and of prostrating every energy to combat with it, — but the Claimant, in his extensive undertakings, well knew the fate that awaited him, and the consequences and dreadful destruction that must follow, should he fall. To supply the loss and disappointment in obtaining the means from his lands and property in Florida, constituting his only capital, he was compelled on the first of the detention of his resources to resort to the credits on houses in New York, at immense sacrifices, with accumulating interest compounded, and commissions added; so that it did not take long to make every dollar obtained in this way double. Nevertheless, he had no alternative; these credits had to be obtained under the existing circumstances, by drawing bills of exchange on these houses, and renewing the paper every four months. This toil once commenced, had to be continued, to prevent difficulties and inconvenience to the commercial houses with whom these arrangements were made. The first of these operations was attended with little difficulty, his agents at that period wrote, or caused application to be made to the Spanish Surveyor General of Florida, George J. F. Clarke, Esq. desiring him to describe, and to state the value of the lands surveyed under his direction for this Claimant, who replied, after giving other particulars, " a part of these lands are not in- ferior in point of soil, and certainly superior in climate and situ- w ation, to the Sugar Lands In Louisiana, that are selling at from fifty to one hundred dollars the acre." Mr. Grice wrote from the Smyrna tract, on which he had commenced to cut timber, "the land on this tract is excellent, and well adapted to Sugar Culture; you would lose a handsome property, if you should eventually fail in establishing your title. I hope it may be valid. The Live Oak on it looks well so far; we yesterday felled about fifty trees, generally sound. I hope sincerely, sir, that you may be enabled to establish your claim, as this property is cer- tainly valuable." The principle growth on this tract of 4000 acres, is Live Oak, which Mr. Acken appeared to know at l/iat lime, as in a letter dated July 30th, 1829, he recommended it to the particular notice of the Navy Commissioners. The first Steam Saw Mill erected by the Claimant, which a few months after its completion, was destroyed by fire, com- pletely tested the success of that undertaking, so as to induce him to erect his next on a very extensive scale. The fine ap- proved quality of the Lumber, the great demand for it, and every circumstance at that period induced his extending the business. He had made his contract with Mr. Grice for Live Oak, and with others, with a confidence of speedily realizing the payment of a large sum from that source. His second Steam Mill, on being first placed in operation, from the circumstance as proved from having the cranks hung so as not to produce an equilibrium in their revolution, did not work well, but which was afterwards remedied, when it operated in the most satisfac- tory manner. (See Evidence.) The Claimant getting no adequate resources from his land, the measures of the Government being still persisted in, so as to prevent his selling them, and claimed as " public Lands," so that he could not cut his timber, or mortgage them, to add to the security of his friends, — some of them withdrew their cred- its. He remonstrated with every Department of the Govern- ment almost; as his correspondence in the printed documents, will show, — commencing with the first letter of the Delegate from Florida to the Secretary of the Treasury, in June, 1S2S, and ending with his last communication to the Secretary of the Treasury and Navy, in April, 1830. His remonstrances at this eventful period, were accompanied by two legal Opinions, the one of the Hon. George M. Dallas, and the other, Samuel Chew, Esq. which ended substantially to this effect: " Under these circumstances, I advise you to apply to the proper officer to get an order to the Government Agent in Florida, to revoke the measures against your property; and if not successful, that you notify him tiiat you hold liim personally responsible for all the II consequences of these measures;" which this Claimant writes from memory, but the documents on the files of the Treasury or Navy Department, will better show. This was the moment of trial, — his application was unheeded, — and this Claimant had to give up to the storm that had so long raged against him — and stop payment. In reply to the eighth Interrogator}^ on the part of the United States, as prepared by the Honourable the Solicitor of the Trea- sury, to wit, "Was the said Sibbald's property attached by his creditors, or was other legal process served on it in consequence of embarrassment brought on him by any act of the Government or its Officers?" This Claimant will answer, as the witnesses have done substantially, — That as soon as the workmen at the Mills heard of the calam- ity that had befallen this Claimant in Philadelphia, his domi- ■cil, in consequence of the measures pursued against him by the Government, as is here shown, and that he could not get the use of his property after various applications, at that period, to the Treasury and Navy Departments of the United States, and that he had been compelled to stop payment, that these work- men simultaneously laid attachments on the Mills for their wages, amounting to about four thousand dollars. To complete the destruction, that the Marshall of the United States took possession of them — that they have perished in his hands by dilapidation and decay — that one of them has fallen to the ground — and they have been pillaged of every moveable thing, leaving the Claimant the ownership of the ruins, wdiere once numerous flags of commerce waived, and where this Claimant was stimulating to industry, and giving employment to so many people. It appears then, from what has been stated, that the Claimant, in the year 1816, was the lawful owner of a large property in Florida, consisting of 16,000 acres of land, as has been proved by the decision of the Supreme Court of the United States, and on which he had built Mills, and expended large sums of money, before the ITnited States acquired that territory from the Gov- ernment of Spain; — that the Government of the United States inade a solemn Treaty, agreeing to respect these private rights — that Congress passed acts to investigate these Land Claims for several years after coming into the possession of the territory, which did not recognize those beyond 3500 acres — that the Su- preme Court of the United States, to which this subject was re- ferred, has by its decree, decided that these acts of Congress were illegal — that this Claimant, in the confidence he entertain- ed of his rights, built a numl)er of Steam Saw Mills on his land. V2 nher Florida passed into the possession of the United States, the officers of wliich did directly interfere in the year 1S28, with and dispossess this Claimant of his property — that he was held out of possession of the same until the year 1836. And that the destruction as regards the Mills, is proved to he as com- plete as if the officers of the Government had applied a firehrand and hurnt them to the ground. That the correspondence with the Treasury Department, the Land Officers, and Collector of Customs in Florida, Attorne}^ General of the United States, and Navy Department, will show the great exertions made hy this Claimant to save this destri'.^.tion, and to avert the sufferings and the losses for which he now seeks redress. Thus this Claimant, who was possessed of a large property, who was in the enjoyment of extensive credit, based on his ownership of that property; who had formed most extensive business arrangements, too, with a number of commercial houses of high respectability, with whom this Claimant, had he been undisturbed, could have extended these arrangements without limit, — was prostrated, — ruined, — and left with reproach — inca- pacitated from undertaking any business for a number of years, — left to contend with, and suffer every evil that can be conceived, incident to such a state of things. Seeing the Mills on which he had disbursed such vast sums to perfect them, — on which his mind, his time and his means, had been engaged for so many years, — falling to the ground, without the power or possibility to save, or obtain a cent from the wreck, nntil the Supreme i^ourt of the United States came to his relief, — passed its de- cree and mandate, exhibiting that the honor and faith of this na- tion is pledged to pay their injured citizen, for every loss oc- casioned him by the illegal interference with his property, in this invasion of his private riglits. If what has been here stated be truths, and in corroboration, this Claimant begs reference to the testimony which has been taken on the subject, — is there in either House of Congress, a Representative of this great nation, which is held up as an ex- ample of rectitude to the world, who will not rise there, to aid this Claimant to assert his rights to the last cent, and to the uttermost farthing, — whatever may be the magnitude of the claim,— when it shall be adjudged under the voluminous evi- dence of so many respectable witnesses taken under the direc- tion of the Honorable the Secretary of the Treasury of the United States. Whilst the Government of the United States is pressing the just claims of its citizens against every other nation, whatever be their condition or their circumstances, including "losses of 13 profit," " losses of commercial credit," with "interest," certain- ly the Congress of this great and wealthy nation ouglit not, and will not, permit a native citizen, who has heen so long a suffer- er, and to such an extent, — one who has been ruined by his own Government, — to complain even of a delay of justice. No such disposition has as yet been manifested. When it is considered that upwards of twenty years have elapsed since this Claimant's ownership commenced, and du- ring which he has been, without cessation, giving his attention to this property, — when it is considered that for seventeen years this Government has, directly and indirectly, interfered with his ownership of his property, — when the burthen thrown on him, the cares that are pressing him, and the incumbrances that are distressing him, are contemplated by every reflecting mind, and the difficulties daily accumulating, there will be a sufficient appeal for speedy relief from a just nation. With the other papers laid before the Committee of Congress, to which this case was referred, were legal opinions obtained from the Honourable George M. Dallas (at present our Minister at the Court of Russia,) and. Judge Berrien, (the late Attorney General of the United States,) to show the extent of the indem- nity to which this Claimant is entitled; or that would be award- ed to him by a tribunal of justice. The former has supported his opinion by exhibiting decisions of Judge Baldwin and Judge Washington. These opinions show that for every "actual loss" sustained, including all profits of his undertakings, "with in- terest," and for the actual loss of "commercial credit," he is entitled to indemnity. The Claimant understands from legal opinions, the law to be, — That where a party in the pursuit of a supposed legal right, shall directly or indirectly dispossess another party, whether it be of lands, mills, factories, or other property ; or do any act to keep him out of the possession, or use of the same, that upon a legal decision, establishing the right of the party who has been injured, in being kept from the use of his property, — the wrong doer is held bound to put him in possession, and to pay every "actual loss," or injury, occasioned by holding him out of the use, possession and enjoyment of the same. The undersigned is endeavouring to re-establish his business, which was prostrated, and is erecting an entire new mill, to saw and plane lumber, for which a steam engine of about a hundred horse power, is now making in this city. He is also executing his contracts for live oak timber, and has already in his renewed 14 undertakings, given employment to hundreds of his fellow-men, sent from this city: and he invokes of Congress speedy justice, to enable him to discharge every honourable claim which exists against him, as he would desire. CHARLES F. SIBBALD. Philadelphia, January 29th, 183S. h M 'lO >J I LIBRARY OF CONGRESS III mil mil nil mil inn mil ill 014 498 905 3 •