Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-10-29
LAW INCFIIJOFNCP

NEW YORK Oct. 23.-On "wednesday LAST
came on for argument, before his honor VII
liam +. Van Ness, Judge OF the district court
Tor the southern district OF New York an
application in the case Of The PortHguese CoD.
sui against GoodCiR, to discharge The de(eu-
dam upon common bail.
1hls was SUIT az perSondm, brought on the
Admiralty side OF the court by MIR E1Sue-
the Portuguese consul here against The de-
fendant Mr. GOOdaciH, Of Baltimore alleging
hiin io be the owner OF a prGvateer called tIle
AtheniaH. alias La RepUbiicdRa which had be en-
htted out in the ports of the United States ia,
violation of our neutrality, and had CAPTURED
ard spOlIated Portuguese vessel aud cargD
called tue Louisa, on the high seas for The
dement, OF the owners OF which the consul has
commenced Ills suit.
The defendant moved TO he discharged fron,
custody, without giving BAH. His counsel
supported his motion upon three grounds
LIST. That foreign consul has no Ii.lt 10
institute, Tor ether persons Ia his own uame, a
SUIT IN any court IN any case whatever
"a. That, even If The Portuguese consul
could maintain the present suit any where
tins court could not entertain it, for want of lu-
TisdictOn.
the aif1davits, that Mr.. Goodwin was no longer
an owner of the AtheBian, he having sold her
TO another person, before the crnize on which
the alledged injury was committed, had been
undertaken.
The defendants counsel, Messrs. Emmet.
Ogden aud BrnckerhOti, upon the FIRST point
called upon the opposite counsel 10 show a
single case where a consul had been permitted
10 commence such a suit, iu his own name or
without special power from the individuals
concerned aud on question OF Jurisdiction
hey cited the case OF The Diriaa Pasfnra(l
Wheaton, g., ~ aud the note Obj collecting
tue different cases which have been deter
mined ~ the courts of this country on the re.
spectye rights Of the belligerent and neutral
Tribunals TO adJUdicate OH maritime captures
and they also referred to tlIe case Of csmmp-
dOre Taylor, decided ia tie district court here
III which IL was held that the tribunals of "A
neutral country have no jurisdiction in case
similar to the present.
On the other side il was insisted by Mps4rs
UeiiS and StORghtOH, the lbelants. council
that cons ul had always, from the very nature
OF bis functions, authority to appear M a court
Of admiralty, either TO prosecute or claim
where the interests of his fellow subjects were
concerned and That the case was CLEARLY dis
tingushable from that Of commodore 'TayIor
inasmucb as the latter had become domestic
citizen of BuenOs Ayres at the very n,oment
which gave birth to that republic and that as
TO the merits, il vas sufficient that there was
contradictory testimony, and the defendant
ought consequently TO be held to bail
The learned Judge determined, that as the
right Of the consul TO prosecute had not yet
b. en- fully discussed; as the case was very DIFF
facts aud the law To he applied 10 them aud
as the question of jurisdicuOu could not be
determined unll all Tive "Reminiscences Of the
case were more completely developed he
shonld direct Mr. l6sgRcs 70 make an affidavit,