The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-19
Important Decisions In Admiralty.
UNITED STATES DISTRICT COURT.

Vi the Chhese 20 Keep al foreigners ous OF the cen
tire oftheir empire.
| Important Decisions In Admiralty.
UNITED STATES DISTRICT COURT.
| Before Hon. Judge Bette
snAys NEUTRALITY-SUSPICIOUS. on xnrp.--AerScy
July 16.-7As Usasd Stat:; ps The Org Eatn-rhs wa.
libel Of Information Against the brig charging that sht
was fitted out, prepared &C. al the port Of New York.
April, 1857 by the owner master factor caused t.
sail hereom FOR the purpose OF procuring from some
foreign place or country, inhabitants thereof 70 be sold
disposed Of ~ slaves IN foreign place country
The eence Ia charged pursuant TO the prov Of
acts OF Congress, OF March o. l7e4 and April TO- 1878
Claims were nterposed 10 tie ship and the cargo The
result Of the volumineus proofs respect to the
preparation and despatch Of the vessel ia than
that che was prepared IN way render her 1t to be
poyed ndiherently in lawful voyage In the sa
trade No decisive fact tending to establish guilty
pose In purchasing preparing and despanhiDg the vessel
or inconsistent with Innocent ono brought 10 light In
the proof Tho general rule accordingly govern the
d. position OF the which requires that tho
shall be supported by preponderance Of evidence OF
me eliminated yese. must be discharged. lae
Court Court hs s strongly for "rs ne upon The effect
tons and statements OF Philip Van vechtep the mater
Of the vessc made by him daring the time she IN tho
serousy TO his brother, j. Van Vechten and Capt
John fsunoe OF the revenue cutter In this port that ne
cured and fitted out and laden for the purpose Of
voyage 10 the coast Of Africa that he employed
master, and was 20 sail in command OF hor and detailed
the method which Was 70 be parsaod in conducting the
voyage and dsposng Of the ssel after she arrived the
Portuguese port 70 which she destined ard OF
cargo OF slaves atsr should be obtained n This be com
peent and rediaole testimony, establishes The guilty
character OF Tho enterprise and the vessel 10 subject
condemnation Van Vechten was examined On the part
OF the caman.s 10 the Of the TRIAL. and testified that
no made those statements but that they Utterly
true, and were employed as hoax and deception on his
was employed in sn Illicit voyage and asserted thai 90 lar
~ he had notice or reason 70 suppose. the voyage
was, in every respect legal and unsuitable. In view
OF NJ. Van Vecbtens antecedents and the manner in
which be wss brought into this employm sns, this
ezlurga.iDg testimony of his would hare no
claraon, soernny made and repeated II his rotation 20
the vessel Was such In law 70 subject 10 DO chargca
Bile with his statements althrush my mind Was brought
10 some be, atop upon this po3. still think only the
rule Of evidence deducble from the general laws OF
agency limits the effects OF acknowledgements state
matters relating directly TO tho business Of his trust,
within the plain function Of his powers and made in and
70 This specific question tho su9erne Court Of Tho Tnod
aaes has go explained and limited the character Of this
proof as to exclude IL whore the declarations part
Of The re- o'1 empoye! IN I'D or furtherance Of tie OBJ
ect Of the agency AMI plainly viii the scope OF tho
ters powers. az Wheat ,ss0 Tho Cnltea s's,9s vs..
Gocding) The conversations lnd dcclaI....5ns ., me
nAer had 10 relation 10 the prosecution rthcranoe OF
the voyage either In enpoy ing TO aid or
renewing lmpedmenu 70 Is prosecution. Nor can the
presumptoa thu, the admissions or sssersoue @. Van
Vcchten were made with The knowledge or approval Of
the owner. Tho libel mus the 'eiore DO dismissed for
age, but the comes be:oro the Court und,r cscun
aances well justify ing the prosecution, and Certificate of
probable carse must be entered.
DISPOSITIONS rAsxS Bspors sofAaY-rpAc1Icr
Srnuel Spencer G. al cs The SeLoosz Rhode ElGsd-
This motion at the trial 10 reject cerAln depos ioas
taken Tor me besn bsioro notary public. Tho noco
OF taking the deposiions served by copy person
having charge OF the scaoouer, thon In custody or tho
MArhal Held by the Court that the notary had compe
tent ~ bori.y 10 take the dcprons that tae service
al L WAS N
cum5en Oh so claimants 70 that he not their
agent, and also that the notice "a " them; that
the appearance OF COUNCIL for SEE ella before tho
notary, after tho service OF tina. Notice. and ASKING for
adjournment OF toe examination, an Implied aius
Their sppearance thai the Irregularities in executing the
dispositions must be specifically aud DIS ncty pointed
In the objections Died within -four day. sfsor they
opened IN the Clerks oaco ho<lon dcn.cd.
MINORITY osSxs--sEcrsrrv vow sAYs RsTuRN.
Samuel s. Brcets~ q: Tss SAP My S7,Tson This
WAS hbs ned By the owner OF one garter Of the shi'
legged ;hs, the owr4rs Of the ether three qrarsr rs were
gong 70 send the Zip 20 Australia under the command
master named Brown, whom he alleged 10 De uno, FOR
such command by reason Of ntemperarcc and thAs he
had dssen,ed ron such voyage. The answer of clam
ants denied that brvwn n,ernpcraie and alleged .hat
the belant had ssecniod 10 the charter 70 Australia but
Afterwards, when she tasts In cargo expressed his
dissent account Of hs allegation against Brown and do
MED That be could Withdraw bis assen, FOR that cause
Held by tho Court ihsi the majority hays the
right 10 employ tic vessel IN such voyages thoy Please
giving stipulation 10 this dssenLI owners rsr hes slre
rsty ,eaure Id, Petor5 n D. Iss. Cra5 ,o,s r. n
p 27)-,hai tbs libel s In proper form 10 tcAi end
Judgment tns the majority owners mist gvs security Tor
The safe ret1rr OF The sh.,
Ios xrr1r o. cons yoR neutrality-suspicious.
-ArTuIL toss-rrEs--AsiR.
n, JEi,d cssies Eie.,y Taco Psssg's y Ia> Glass
This a motion for new trial. A hbc 81 informs-
ten forfeit the gods Toe under - laion un.
der the csn section Of he act OF March i7fo The
red before j1ry sh2 rsnicrod ne ySra css &c ma
rived ~ iA por IN February, 1885, Consigned TO 5shapck
Downing, iheo aimau BY association doing business
when IL arrived ~ esam ned ana a,p-al,ed and pare
cd by the apSrs9eTs the invoice vaGlon. Bat Arcr.
wards the Appraisers sent 10 e claimants Tor Of the
fa's, which ro furEth a an1 nprrasedlnformally,
the claimants alleged sud his action commcncod
70 iorftIn. He'll By the Cours-Tba the forfeiture In.
cured the goods arc Dot nyoicod according their
sunl cost al the place Of erpoTAaon with jesan 70 evade
the duties, and mater s vhehes The discovery oflhe
rauc be made While tie goods are pasng cspcou or ~
icrvsrds rhihs not male thai tc mporat IN
WAS made entry offered By manufacturers on thor
Own count and The Collector must socoriEsly regard
N made by purchasers, ard deal with u tIch That
he Collector hal authority 10 rsorar aiun And
valuation q The goods for diabe purp EOS aud when
made the exsmr ac salts &c, The gA eeqas,es " al
arrest OF the gcods And IA The govern mcnl
have lghi % sdcr, seizure " ousicd upon good
n Forfeiture and proceed FOR the con1e Of
The gooss whether the seizure res liar or not That
The EregnaTiiy o. spTsaisemert ~ any occurred would
under Thai doctrine anpul the action for the forfeiture
,uthoy for insu,ng tho action. Tut "artus cost X
he cost Of the toods 4 TIC place whence exported
all duta5e charges added and the Claimants colld DO,
defend under vtluaion the invcec by proving that
the goods ooul be manufactured for the price That the
run0g OF the Govt on tho trial correct New tra
denied.
CzsRIER pARIY-roRr cH,RC ~ oosviss-oxs
Geoyg, W. barnard Idogrd yryv-ic, This was q
libel ncd by the vncr OF the bark Palmetto recover
charter money alleged 70 DO due chsrr OF the bark
10 the respondent tor voyage fro New York 70 CadIz
thence 10 Rio ard bsc " New Orleans Nov York Toe
charterer 10 ray all foreign port char s ADD the
freight 70 be payable "~hat the uaor may require
Cadz for disbursements and W tie extent Of 81 500 In
Ro the baaoce tie dcharsc Of cargo AZ the port OF
ceivefy" The vestel porformed her voyage returning
| o. New Orleans On the voyage The vesaoi wss driven
Into The port " Vg0 and there had 20 ncdr Quarantine
expenses 10 the amount ~ ace 80, which the char
ieror paid, and claimed W deduct from the charter
money he aro cai med 10 deduct charges for consuls
fces sod beat hire Al Rio, and for lighters a CALI.
lie fur,her csimed ~ be entitled 10 COMMISSIONS
! for ATTENDING 10 the buslncse Of the sbip and
maine advances W The Of SAT r. The maror
n E8o, and for collecting her freight at NoW Orleans
| the cargo belonging ard being consigned by
bills q aorg W other parties than the charror Held BY
she urt1hai the true construction Of thc charter pay
H. thai all the charges ard expenses incident 70 IN, agreed
voyage 10 be paid b. the oharierer ex eps those DO
longing 70 the fhen and navigation Of the ship Port