New-York daily tribune., 1857-04-28
Id W IN7EZLIGENCK
UNITED STATES CIRCUIT COURr-A,an r-Betss

NyIsos, c. IA bill has been 6led by the oomp,ais
art in this case TO set aside bills Of sale Of two stesn
yesael.- Ocean Bird and 81. Lawrence and also ~
opethird of the United States-which claimed 70
be of the aggregate value Of about 100 COO and that
the vessels be restored to the complainant or IN ilse
thereof that their value be paid to HIM oy Neyw
Su1ken TO whom the bills OF sale were executed
The ainant charges that the transactions srose
out OF loan Of money upon usurious intere.t h@
the loan was $l0c OV0 for four months; oat the sun
Of si26 eco agreed to BE- paid for the same; asA
that the vessels pledged collateral secuny t~
e ps,ment ami the fon If bills Of sale adopted t~
the purpose of covering the u'uious loan. Inc 90
fendant Stucken, Insists that although there was a.
application by complainant Tor loan oi money upos
the shrs il was refused and that tho transaction ne
.ucd in purchase Of them by his firm for $loo oO.
without any condition qualification and that the Par-
,hae money has been paid that the vessels have snce
been sold al Cuba for sl9i36 81, and are out OF his
poeses.ion snd out of the jurisdiction OF the Court,
and that he has been Obliged to make large advances
over and above the SlO5oOO, to third persons. 70 re
move liens upon tho vessels existing At the time Of tts
nurchase Never one Of the purchasers s abfoad,
out Of the jurisdiction of the Court and cannot there.
fore be made party. The bill filed Is ags'nH
Stucken alone except parties who have no direct e-
terest in the controversy. There has been demurrer
10 the bill admitting the facts stated, but presenting
certain legal objections TO the right OF complainant -
the relief claimed. motionis is now made oy tnc CON
psnaut fol writ of Great against Stuoken tounde
upon the allegation, supported by affidavit. that no
about to br, ak up his residence in this city aud re-
move from the country. The facts above set up -
posing this notion These papers admit that the %
fendant is about TO embark Tor Europe; but Ills
insisted that it is only for temporary residcnos.
and that il is designed 10 close his business esab-
| lshmeut In the city. He does not state, however,
when he expects to return, and admits that ne mas on
fered hs house and furniture for sale with the ntenos
OF making other arrangements Tor residence ~ .no
citv The papers aro disclose that the defendant "
Consul General in the United States tor the kingdon
of Hanover and also Consul for the Duke Of Ssss
Weimar for the State Of New-fork These are SUD-
san,iay the facts set forth in opposition to the mo-
ton and the first question presented whether or acs
the Court has jurisdiction ot the case; for, II nos,
then If order for the writ sought 10 be oo
tanca can be granted The question has not been de-
puposey waived by the Supreme Court in tho caso OF
the United States vs.. Ortega I'll Wheat l6I). Seo
also note to that case tf69-475, Kent Com Sis.
Curtis Com. sec. lOs. But notwithstanding this aP
parent doubt il il certain that the trainers OF the JUDI
csry act of 1889 understood the Constitution as sd
mttpg jurisdiction over foreign Consus TO DO ves.ed
in Federal Courts other than the Supreme Court Ihe
argun against the jurisdiction OF this Cont H. hss
the Constitution has vested exclusive Jurisdiction IN
the case in the Supreme Court OF the United States
and that this suit should have been commenced In tass
Court The last clause az section Of article OF the
Constitution declares that, " In oil cases qDocftwT
"Embassodors ether public Ministers and Consns, aSA
'tho.e IA, rhieh STATE shall BE- party ne Snpv.~e
Cont shnR hare uisdict0n Congress in distribu-
ting and regulating th- grant Of jurisdiction providedn in
ection rs Of the judiciary act that the supreme Coat
ehetd have exclusive jurisdiction in all cases against
ambassadors, &c, and original, but MT ezefs'~e
Jurisdiction in cases in which consul or vicecOnse
shal be party, thus clearly rejecting the idea thss
the grant the Constitution in respect to consu was
exclusiv ely in the Supreme Court. Again, the graR
Of original jurisdiction to the supreme Court the
same in the cases mentioned in the previous clause
Of the Constitution "In rhch STATE shall be par
ty, in the care of consul. 1hose cSsee are; IL
Controversies between two or more States; = no
tween State and citizens Of another State 3. Be
ween a State and foreign States; aud 4. Between .
State ard citizens subjects of q foreign Sate-thG
is aliens. Now, If the grant OF original juri'dct.oa
be exclusive in the Supreme Court in the case OF Q
con.ul II il equally exclusive in the four above
enumerated for the grant is in the came clause and 90
the sane terms. And yet, in the 18th section Of the
Judiciary Act already referred TO- il Il provided thss
the Supreme Court shall have exclusive jurisdiction,
& &C., where STATE il party &c. except betweens
State and citizens Of other States or aliens, IN which
latter it shall have original but not troinrt ~
risdrcs'on. According to the argument the whole d
ths exception would be unconstitutional as the cases
mentioned should have been vested exclusively In the
Supreme Court. And, again, what IL still more ex-
ptit in respect to the practical construction OF the
framers of the Judiciary act, many Of whom wero
eminent members Of the Convention that formed tho
Constitution the ninth section provides that the DIS
trc Court Of the United States shall have uriscton
exclusive Of the Courts of the Ststes, of all suin
against Cons ur or ceConsuls, &c. In the face of
all th egsative Interpretation by the fathers OF the
Constitution, and aequiescence therein eince HSs,
cannot ray that the jurisdiction in this case is exclu.
siyey in the Supreme Court but am satisfied that u
may be conferred upon the inferior tribunals Of the
Federal Judiciary. Being pressed for tune, hsve
stated simpy the grounds OF this conclusion, Without
giving more at large the reasons in support OF it. IL
has been also objected that admitting the jurisdlctioe
ia net exclusive in the Supreme Count. still that
has not been vested in the Circuit Courts OF tho Untod
States. The llth section VI the Judiciary act provides
that the Circuit Courts shall have original cognzancc.
concurrent with the State Courts, OF suits betr~nd
c7t zen Of The State kcrc the sv,t sbropgh and cts-
zen Of another StOt The before us fall directly
within this provision II IL said, however, that tho
jur dcsion cnnnot be concurrent With the State Court
that Court has no Jurisdiction OF the case, havias
been excluded by force Of the 9th section, already
ferred to. But the 10 the suggestion Is. tast
the phruseology designed simply to save the jurs
dction Of the State Court where reyists II hss beea
said also if the jurisdiction Of the case not In the
Supreme Court ard may be vested in inferior Courts.
it has been expressly vested In the District CVuh,
which Ii true. but there Is nothing in the proyiseS
coblerrng it upon that Count that excludes the jurS-
doiion Of Tie Circuit Court. satisfied therefore,
that his Court had urisdicton b. hear and decide this
noiion end also The out Ct which it has ssen-
The next ground taken in resisting the motion Is,
tbst the nature of the demand IN suit IL not il
which, according 10 the usage and practice Of he
Court, wit If the kind in question will he granted
The demand mus. be an equitable debt peeunisry
claim and certain. capable VI being reduced TO
tarty. A general unliqudated demand, one in the
nature Of a claim for damages, which cannot b rc-
ga ded debt ul the decree, viii not lay fossd-
a,on for the writ In the case Of Flack agt Holm n
Jse. W., 46Sl where gbods had been consigned fsf
sale, and The bill, among other things claimed
covsy for faudulently delaying the sale Of the gooA
ne rreaf was nsds and bail marked st E36oe Lera
Edon observed: +" Ny difficulty IL wheshL. a sn.s -.
" rot too large sum. The WIT only goes wneo sns
"debt is sworn te fdAmages only se - - .eosv
,ss hs WI 70: s:ss ss .e.sd rss ~
out Of the market" Arsia, be nusrted, Tho VI.
l." only applied 10 thai shiaI ,ssny debt and nst
" to that which may hecsnss xhss : S,.." NJ