The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-19


but he does not refuse to furnish him with the
the contrary, he tells him ready meet with
ana si Nv, DIN any nor Ihs 60 s
running Of the Falcon and of the Ohio prior to the
cePtsDes BY tbs government 10 not disputed or denied
or intended TO be denied The affidavit Of Mr. Law
plains all this MIR MoIlvAns did not expect that
they should GONE prepared to give any account
open for inspection. He then read exhibit Of
the bill wherein Msssrs. Law and Roberts. In sheir
were prepared to commence the communication With
the line u Pacific steamers established by the United
S tb. tonrth ssc,op =, ~, "a A., ssS .,'as. tn
Secretary Of the Navy to permit steamer OF not less
than eco tone to be employed and that II Is under
ticipstion OF the complete arrangements under the
general contract Of the sssignor. There, the court
would see, they were prepared 20 anticipate the ooA
tract by providing chip not in the contrast but one
in the character OF that In the contract. Mr. Mason
ssys, in his letter to Law and Roberts =" In view Of
the public Importance Of commencing the mail service
stipulated for In the contract for which ysu are
ene and In exercise Of the discretion vested 10 the
department by the law, the President has instructed
accept the services Of the ftesmsr OF one thou
rand tens burthen which 10 named in your proposals.
for the service mentioned But before the arrange
neDt Is considered completed she must be insr scted
by officer" With regard to the registry the law
very fair and bair requires the register to be In
the names Of the legal 70 to And that
done in this case, by Law, Robs-ts and Wetmore
the vessel ia registered as the Collector o. told
them she should be registered, and they, therefore,
cannot be charged with fraud With perfect verify they
took the oath therein ststedthey the owners and
the vee,sl. Suppose the court to come to the
conclusion that they ought to have had the ship regis
tered Ia the names OF the trustees-is that enough
to grant . r.seivsr! la there any fraud! The 10.
stiuctions Of the Collector OF Customs are complied
With. IL there is some mistake, 1t Is tho mistake
of the Collector himself And Is the court TO be called
to that 1t ID fraud! IL they had registered
this vessel and put her into any other service there
might be fraud assumed but when they put her into
the vice OF the United States cannot DO so assum
ed Counsel had heard Of strange prayers out OF the
pulpit but he had never ard OF sueh prayer ths
q n rtce
the contract OF the mail for ten years lie always
heard receiver was appointed not for the purpose OF
carrying Q business but to wind 10 up. IL does
sometimes happen that in order to wind up business
1t must be carried for certain time; but courts OF
cbaDcery not always inclined to allow that time to
be exepSed Counsel referred to cases In support OF
his argument and in conclusion, maintained that II
there been any breach in the registry IL Is not OF
that radical character which puts end to the con-
tract that there nothing warrant the interference
OF receiver and that there Is no danger OF the con-
tsc it permitted to 60 under the present trust bat
there will be danger others are substituted for the
defendants.
NOVEMBER IL Nh LORD, for the complainant rose
With degree Of oifdence after the poritiseness
and with which eminent counsel the other
see had addressed the court aud the pausibity with
which the aeidxvits were read which induced him at
first to think that they going TO hear soxls sub
mistaken in that psusisty and assurance the great
that eyor brought TO support rotten caussD
for their statements were utterly hollow with regard to
the subsantsl elements Of The bill he would show that
nothing be pspAbe than the duty to register
the ship in the OF the trustees that they had In
doing the duties which parties in the second part
represented when MIR sloo himself thus excluded
he said he thould get up and what are his legal
interests in The transaction and that is the reason teis
suit Ia commenced In assailing the character OF MI
soo they CID him an injustice; they ala the govern
uttice; they would make him too contsmpu'
bic Tor polite hands 20 touch ana all because as they
sieee. that he Is man without cont But Mr. Sioo 10
q gentle HAD, who has been Accustomed 10 the use
o. eighteen years and instead OF being that
Lesdy man, be life sost the stream OF enter
prize and misfortunes cannot overtaSe him. They
II, this undertaking and that but these en-
terprizng could be found to take up the
contract but the fsct IL 1t not known to oapt-
tAists 1t was faid that MIR Sloo was man without
sixpence He thr Losd) recoscted great discovery
having been made by q man who rot worth six
pepce-a man who begged his way from convent TO
convent in Spsia-asa that man discovered new
world lie therefore .ntressd and in plortd that the
Court would not be carried by the sto and eo-
quenee counsel the other side lie prayed for
patient hearing and n At the Crurt would overlook his
veakns, ard not be wesrisd by the extreme length to
which the argument has extended The learned gen.
tmsn here read the dates OF tho feyetsl covenants
assg ats ant Continued TO that Defendants
entirely silent TO the earnings OF the Falcon aud
Ohio and there IL most ominous silence with regard
20 Of tie owners Of the tscon but she was IN
tr duc.d real bird Ct prey, to run away with the
esIbirgs under tnis eoniract ney set up private
interest Of their In opposition to the trust uu-
warranted In law and urjustirco in equity Counsel
then tpoke cf the suppression CT the quarterly ac-
counts and conte nded the otiop sous must
o,Iisd by allegation against allegation; and all those
alGsyitr about Mr. SoO merely slanders, That 40
nj apTrer the l,sstions Of the Oil and are 70 be
i
coptsot tor $3.50 0o0 year for carrying the malls
that ,um to be sppOrtiontd between i've ships Tie
brrught, also with him, oontrscts for building those
shE. sud the gentlemen tell US he did not bring with
him Two and ak pence! DUes any one even foE MS
aeBt tupposs that ind 'dua Was to build i've war
SHIPS CUT Of his own private foncsf No tsaows tue
ooun5enee that rposvd Ia him by the .oVernissnt
/ that lie Was nan who, through his frisnds, eoald
iuihl the undertaking. They raid that MIR Sloo Is
I without means am instructed TO Oher that these
gentlemen tlsil have oil the money they have ex-
pendss and seven per cent interest They shalt have
such part q the raary belongs t. the time they
have been engaged, aud iuftOr that 10 thai De paid
within three dsys-they at the same time accounting
for the earnings Ct the shps Il does not relieve Me-
Sloos LIABILITY 10 tho government. because he has ~.
signed bis oontTaot granting that lac mas no more
b,y than Columbus, When he applied Tor re.
net at the gates Of the conyfnts, he without
DisndS end without hopes Il Oh aiming Ia thu great
country fer the fulallment 81 this coatractl
toun,s then maintained, at considerable l*nBth snd
with great force Of that his client possessed
palIatie interest, fhown by the face Of ths
tact sud night, a. joint oster IN the property
when n ey allow SIR Slco gIbVOa ar they admit at
ast. tsst his ooEtTsst is worth somstaiug Gle here
cisd NCseJ 10 page fe3 To show tast trustees have
JOINT iuterst The defendants covenant ed O. register
IN, chip In the Of the trustees ana they have
not dtns 90 The character OF trustre Is an al ABB
trbirg character, and he cannot at "a trustee ard
set up afete Interest under tie trust. no osss
has b. en- found wherein mAu who sets up title tor
Iiuf, under the trust has been continued as trustee
hr "a and hr Roberts stand % agents - tbs trla
tee, Roberts receiyse $1,000 aud lss $1,000 year
! 90 rot complain 81 ~ the tkin oi tuch gentlemen
may he ecsssAiy In the construction OF these vessels
Nr Law scent 10 the trustee aud he Is conrAstor
alt. ruRiive charactersthey cumulative cha
ruc;.is CouHfs then went on q argue the point u
whOfe loss 10 would be- Ia case the Quo was burned
hslf luilt The contract h. thai these gentlemen
tLAil TIN the funds for ne building OF these ships
1ley build another ard n they lay out ans Of he mo-
rty ICsiyea under that trust the snip becomes the
pr,Istty q the Trustees 10 truit for I've ships,
ana contend that they have taken acts inient.on-
ally sub,etsvu Of the whlle Of this trust Their doc
tfuc g. that the ships the property % uoe Who
advanced the money ter their construsu1n We con
tide the contract 20 thtm they take year and half
g. build ship sbd tn that 10 u not our
perry. IL n reasonable that tney should be- PERM ed
60 hold that property irUm The tTust' suppose Mr..
Law had oisd has rrfcuttrs would sell u; they would
not carry On the execution IT the works.
Mr. WooD suppose he getesnmeut reject the ship
on an Governmental tfslis che under the trust IL,
after being rejected che fod At loss l. II to be
consotd that parties Of the nrst anu second pat par
ticiIste IN that lossi
Mr.. Lem had Just come 20 that. Suppose the
gcV,rnusLt DO not accept the chips those gentlemen
ste bUuue 60 make us such ships ~ the government
will scctIt They have put our properly into tine un-
ssrtaking the thips belong 10 the trust they have
taken contract ana utcd up yesr Of our time, 20
-.