The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-28


Sworn ct the city Of New YORK. the twenty nst cay
July, 1857, before me, DANIEL snxAs, Commissioner q
Deeds
Mr. Edwards then proceeded 10 comment on the aaAda
v and presenting the case on the part OF his oea
sad-Alhough your honor peases, the merits are not
allow ed be made pr Sminen motion 70 discharge a
arfe. yet they may be What looked at on 40 appoa
ton the Of bail Aside from the fao tna
the parties subordina aud may not, there
fore, be smens beor certainly not 10 me extraoro
nary amount for which they held 70 baiithere arc
which can be fairly pressed mind d
TIE Judge The Other side desire 10 make strong CO."
plant both 10 our own homo governm nj and q
This Couvt on account OF q seeming blalpa n ,~ss
of reNch An Tho sArt of Bfitish A-..,or,tas Ne
such right is cAimtd bu, the question is very dreren
one when a supposed wrong doer Is cruising about
having piracal Character has TO sk oonreousnces m
this bark with her hundred or fresh water board
and oher suspicious not situated like
honest American ship who may be wrongly overhauled
account of getting out Of her crew. attempted be
searched az tho gh war was gong Aside from any
whether the amour. now claimed is not grossly toe
pocn' Inc vessel, apparel and furniture arc
Vss Is not 70 ;. .S 1'S that S
act OF oure had destroyed cast away, or injured the
bark, although appearances have caused her to beu
Then TO the cargo This does not belong to the owner
but 10 the cbaerer, Mosquito that neither the cargo
plainnn, the And supposng for . momenA,
that the owner has any rights q aeanst third IN
relation 70 the Ss a % the the ". N
bali, (sl60oo) Fifty six days is the extent Of the us
which she has been charge of neuteran Odevaine
money At $500 month, wouli be only 81 1906 66 But.
aupp0eing for an instant wrongful act BY us, We
are to the De and S
claim o~pershp, as one of our adavits shows wrong
fal act by third party can never aanul or affect charter
parry. The chaterer Is the for the time being and
he any body must be the complaining party againa
us. (nugeridge v. Eveletb, Aetcsfe, a33; Hutton
too letter under date Of the 10Th Of Nay, 1857
which after the alleged seizure, and yet he evidenty
looked upon the charter p.ty Is still binding on him and
seized because there WAS something wrong about hera
wrong encouraged caused by this kesquita-then he
Of the charter party and he would be liable % the real
3D. II tnsre lawful cause for seizure then
nothing bad tanspred, and the charter party vemains
intact The has performed ell he covenanied 10 do
ne private Wrops done Sy nra party cannot OF
The general rule il that nothing short OF bOckade
embargo destroy q charter party. With these
Honor and yet while what am about say have
effect on merits and possibly have to be passed
needed by the Court, cannot forbear remark two
growing of incident which all should remember
1t Is only few months ago that an abandoned British
vessel the Resoute va: taken possession Of By the
American authorities and carried to England, offered
such an act brought forth the hearty srstisuds
Of the whole OF Great Britain Nay the very sovereign
not only approved and by personal ap beautifully
ACKNOWLEDGED GRACEFUL pr66onteO
Harstein magnificent sword by way OF future re mem
brance An American vessel the Panchita AFTER all
mand of her had been abandoned brought 10 the United
States offered accepted and delivered TO the American 10
gal authorities, and heee commissioned Officers threa
tened with prison and held to bail In the Of feea
thousand dollars. BE then presented the following
POINTS FOR LIEUTENANT oDEvANB AND ASSISTANT
SURGEON IRELAND.
l. veesel apparel and furniture here safe, 20 thak
the value not 70 be taken into account not - II she had
Cargo evidently belongs to the charterer Nesquita -
that neither that nor any damages connected with On
Then reduced 70 the point Of injury arising 70 plain
G in relation 70 monthly payment Of charter money, ~
Fy six dsys the extent Of time she wSs in charge a
Lieutenant Odevaine-say sec GO.
But, even supposng . wrongful act By u, We are
amenable 70 the charterer, not 70 the owner. And
this very charssrer, Mesquite, did claim owassap.
A wrongful act By third party can never annul o.
time being and no must be the complaining party agans
us ee 100 hesqutss letter. in schedule, unde, dais a
recognizns HE liability and promising settle in New
York Seizure By Commander horesly wM on Nay Q.
I. III this vessel was seized because there w~s some
thing wrong about hera wrong encouraged caused By
hesquiM-then he, the charterer cannot make that
ground ior getting nd Of the charter party md no wooiA
q II there was lawful cause for seizure, then he
stands between and charterer, though
nothing had ansIAed and the charter party remains In
tact The owner has performed all he covenanted 70 Do
s aS AND y
The general rule 10, that nothing abort Of blockade md
war may destroy chatter parties
H-In this vessel sho1ld be condemned having
been engaged In way In the slave trade these de-
Pendants cannot be held In damages.
70 be put on the same footing with cases where ship =
seizsd Is prize, and therefore, whether this Court Win
Also, II IL q serious question under the Code whesAer
this Court really has jurisdiction Of the case revealed
nI-rhe Resolaie, abandoned British vessel, w.
taken possession Of by American authorities and carried
Engand and delivered 70 the authorities This brought
present Of msrnidcsn. .oid 70 Capt msrssS Of ne
American Navy. An Amer AN vessel-the PAnchita-
Aer command Of her had been abandoned is taken pos
session Of by British authorities, and those officers
acsied and only escape prison by strangers becoming
their bail to tho sheriff In the sum Of 600
ExJudsc Dean, with whom Was Mr.. Andrews, road the
following afndaviu-
the city Of Brooklyn, county Of Kings and State Of New
York, being duly sworn, that be vas the master a
the bark Psochia OF the port Of New York. from
ber 1855, until her seizure the 9th OF May 1851 De-
ponent says not that he abandoned the said vss
oil control commasd OF her, refused work her
While the Congo river, stated 10 the AFFIDAVIT OF the
defendant Charles d. odevane Dcponcni further Ays
that Ia not true that G. he Mesquite board he
said r.nchn and claimed her. with tho article.
says that the erev OF the Pancha all had certificates q
protection duly issued BY the authority OF the govcrnmes
OF the United states by the Collector Of the port OF New
York In pursuance OF the OF Congress In
made and provided, and such were much entitled
native born citizens deponen fur ther says that both q
ihe defendants, Odevane and Ireland participated In The
illegal and wrongful removal Of the Panchts from she
ooast Of Africa, and aidei and assisted the
defendant Morcsby In the various acts by which
the plsinur WAS deprived Of his said properly,
but said defendants OdcvAipe and beaud, a all umG
protested s be acting under The orders and command q
said horcsby Depooeni turtle, says tina, hensver sod
Captain Farfax Norcsby that he did not know what
the hold Of said rancha but be did refuse 10 allow sad
Fairfax horcsby any other BIRTHS, officer 70 remove
the patches OF said vessel Deponeat further says
hat he did not tnev the OF the ercv a.
the Panchia that he did know them but that oil OF said
crew but NJ the time sick with the AfrioAs
fever Dcponent further says thai the
made by him, Q duplicate copy OF which 10 here
unto attached and made q part Of this sfhdavi, n IN
all respects true, AMI contains q true statement Of Tho
transactions Of this deponent in reference 10 said Panch
FREDERICK b sIADDEN.
Sworn before this 9Th July, 1851, THu Born Cou-