Frevall v. Bache
39 U.S. 95

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U.S. Supreme Court

Frevall v. Bache, 39 U.S. 14 Pet. 95 95 (1840)

Frevall v. Bache

39 U.S. (14 Pet.) 95

Syllabus

A claim for the sum awarded by the commissioners under the Treaty of Indemnity with France of July fourth, 1831.

The powers and duties of the commissioners under the Treaty of Indemnity with France, were the same as those which were exercised under the treaty with Spain by which Florida was ceded to the United States, as decided in the cases of Comegys v. Vasse, 1 Pet. 212, and Sheppard v. Taylor, 5 Pet. 710. There is a difference in the words used in the treaty and act of Congress, when defining the powers of the board of commissioners, but they mean the same thing. The rules by which the board acting under the French treaty is directed to govern itself in deciding the cases that come before it, and the manner in which it is constituted and organized, show the purposes for which it was created. It was established for the purpose of deciding what claims were entitled to share in the indemnity provided by the treaty, and they of course awarded the amount to such person as appeared from the papers before them to be the rightful claimant. But there is nothing in the frame of the law establishing the board, or in the manner of constituting and organizing it, which would lead to the inference that larger powers were intended to be given than those conferred on the commissioners under the Florida treaty.

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