Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-07-28

Wilcocks. "Thus," observes the MEX
can paper, "terminaled scene truly
grand relatively to both its object and
novelty in Mexico"
The address of Mr.. Poinsett is wor-
thy of his sound judment and practical
talents. 1t will be admired as particu-
larly appropriate in its topics and die
ton; and must have produced the more
useful efiec, from having been pro-
nounced in the language of the coun-
try. What passed the preceding day,
seemed to call for some exposition OF
our course of policy towards the new
American States: Our Minister wise
ly and happily availed himself of the
earliest and best opportunity to give
such an exposition. His government
and fellow-citizens will, we think, have
reason to be equally satisfied with all
his proceedings.
A case of great importance, in a
commercial point of view, has been
decided by the Admiralty Court of
South Carolina district, in a case Of
the American and Ocean Insurance
Companies Of New-York VS.. $50 bales
of cotton, and David Canter, on libel
for restitution. The cotton was insur-
ed in w-York-shipped from New
Orleans for Havre de Grace in France
the vessel struck on the Florida
coast, where it was condemned and
sold by decree of a notary and five ju-
rors, under the authority of an act
passed by the Governor and Council in
that Territory. The libel alleged that
the cotton thus condemned was aban-
doned to and accepted by the under
writers, and prayed restitution on the
ground Of condemnation by court OF
incompetent jurisdiction. The claim
made by David Canter was under Sc
cond hand purchase Of this cotton, in
virtue Of the act passed by the Cover
nor and Council. The sentence ofthe
Court is comprehended in the follow
ing extract: Baltimore american.
SOL bales Of cotton composed the
cargo of the Point Petre; of these it
is in proof that 5s4 were insured by the
libellants; $50 bales Of that cargo were
purchased by the defendant and libel
led. Now it is evident that Of s9l
bales composing the whole cargo,
there could be but 3l7 not :nsured;-
the difference therefore between Sl7
and S56 is SO. This SO therefore must
be part Of the 5S4 bales insured, and
consequently are the property Of the Ii
bellants. For these decree Of rcsti-
tuition must be made, subject to sal
wage of so per cent, which this Court
believes would have been awarded by a
Court ofcompetent jurisdiction. The
register will advert to the amount OF
sales fihe Cotton sold by the Marshal,
will take an average and ascertain the
proceeds of SO bales, and report the
same to the Court. For such amount,
deducting so per cent for salvage, do
adjudge and decree in favor of the libel
lants--each party to pay his own costs.
The Judge in deciding this case lays
down two points of law peculiarly i'm
portant. The first is:
81 hold it to be well established law,
that if a man be dragged before court
incapable from its want of jurisdiction
to try and determine the case, that his
neglecting to plead TO that jurisdiction
will not sanction its proceedings, and
that he may either seek his remedy by
appeal to a higher corrective tribunal,
or recover before some court Of compe-
tent jurisdiction the property of which
he has been wrongfully Invested. A
sale under the authority of such court
cannot divest him of his property"
The second is the following:
"But l believe it is so universally adj.
mitted that the State Courts have no
jurisdiction over admiralty and mari.
time cases, that I will no longer dwell
upon the subject, The authors of the
Federalist-the ablest commentators
on the constitution-speaking of the
jurisdiction of the U. States Courts,
and particularly OF those cases which
originate on the high seas, and are Of
admiralty and maritime jurisdiction,
say, this point will demand little ami
madversion. The most bigoted idol.
izers of state authority have not, thus
far, shown a disposition to deny the
National Judiciary the cognizance Of
maritime causes. These so generally
depend upon the law of nations, and SO
commonly affect the right of foreigners,
that they fall within the considerations
which are relative to the public peace.