
    Henry W. Hubbell and other parties v. The United States.
    
      On both parties' Appeals.
    
    
      China pays to the United States about §750,000 “ in full liquidation of all claims-of American citizens. ” A commission sitting in China allows to the owners-of the Caldera 40 per cent, of their claims and disallows 60 per cent, as marine loss prior to capture. Congress by a supplementary statute authorize the oioners of the Caldera to bring suits in the court below againstthe government, limiting their relief to the balance of the Chinese indemnity fund.
    
    The court below decides: (1) That the Act 26th February, 1863 (10 Stat.' It.,. 170), which declares void “ all transfers and assignments hereafter made of any claim upon the United States,” docs not apply to a claim on the Chinese indemnity fund rrnder control of the Department of .State; (2) That -where this court is authorized hy statute to determine certain claims against a foreign government “according to the principles of justice and international law," this government having previously with knowledge of the facts asserted them to be valid and demanded reparation for them, it will he held to be settled that as between the claimants and this government the claims constituted a legitimate reclamation upon the other country; (3) That where China paid to this government a gross-sum in satisfaction of all American claims, she recognized her liability for the acts complained of; (4) That where a board authorized by law to determine American claims against China “ according to the principles of international law," and the statute declared their decision should be final, and the board determined the claims should be paid, the question of liability must, in proceedings under a supplementary statute, be settled; (5) That under a re-examination of international claims authorized by statute, Congress having a full knowledge of the facts, it must bo snpposedthat Congress regarded them as valid claims; (6) That where an American ship was destroyed by Chinese subjects, ship and cargo-having been damaged by a storm just before capture, the amount of damage not appearing, it must be held that the full value of the property should be paid out of the Chinese indemnity fund.
    The judgment of the court below is affirmed by the equal division of the Supreme Court.
   The Reporters' statement of tbe case:

Tbe facts upon wbicb tbe Supreme Court was divided will be found in 15 O. Cls. R., 435.  