Legal Opinion

English v. United States

United States Court of Claims

Decided February 29, 1904No. 2718, 4261, 4255, 451, 173, 174, 203, 1484, 2456, 1570, 1571, 1573, 2136, 2139, 3665, 4255, 4425, 4427, 2896, 2897PublishedCited by 2 opinions

Reporter’s statement of the case: The argument of the defendants on the hearing was directed chiefly against certain constructions given to the treaty of 1800 in the opinion of the court. The opinion now rendered is the former opinion reduced by striking out passages which related to other cases then before the court and to questions not involved in this case. The facts of the case appear fully in 29 C. Cls. R., 68.

1Opinion of the Court

Nott, Ch. J.,

delivered the opinion of the court:

The first question in all French spoliation cases is whether the American owner had a valid diplomatic claim against France at the time of the ratification of the treaty of 1800; the second is whether this claim was one of those which were released for a valuable consideration by the United States to France. Not all spoliation claims were so relinquished to France. Some were provided for, or intended to be provided for, by that or other treaties; some were exceptional claims, abandoned, intentionally or unintentionally, in the diplomatic…

2Cases cited3 opinions

  1. Gray v. United StatesUnited States Court of Claims · 1886
  2. Winston v. United StatesUnited States Court of Claims · 1889
  3. Field v. United StatesUnited States Court of Claims · 1892

3Cited by2 opinions

  1. Buchanan v. United StatesUnited States Court of Claims · 1910
  2. Smyth v. United StatesUnited States Court of Claims · 1912

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