New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-28

bail justified A. J. IRELAND, Asst surgeon. X. N.
Sworn a. the Cty of New-York. the Dist day OF
Joly 1857, before me, DANIEL SGIxAs, Commissioner
vi DEEDS.
ExJudge Dean then read the following stidavhs in
opposition to the motion:
CAPT sLAppES's AFFIDAVIT.
Ctty and County of Ne,c. York. IS; Frederick Sad
den OF the City Of Brooklyn, County OF Kings and State
Of New. York being duly sworn says that ne WI. the
master OF the bark Panchita OF the port oil
from Dec 1856 until her seizure on the 9Th Of May,
1857 Deponept says II is not true that he abandoned
the said vessel al control command her, or re-
fused to work her, while up the CONGO River, as
affida vat of the defendant Charles ID. j.
Odevaine Deponent further says it is not true
that A. C. De Mesquita came ON board Of said Pan
ehs and claimed her, with the articles on board her,
as his property Deponent further Gays that the crew
OF the Panchta all had certificates o protection, ouy
Issued by the authority of the Government OF tue Uoi-
ted States by the Collector Of the port Of New-forS,
In pursuance of act Of Congress IN such case made
apSlrovided and as such were as much entitled to
the protection of the Government OF the United States
o. pative-boin citizens.
Deponent further says that both Of the Defendants
Odevsine and Ireland participated 10 the illegal and
wror gfu removal Of the said Pauchlta from the coast
OF Africa, and aided and assisted the defendant
EOresby in the various acts by which the plantit was
deprived Of his said property; but said defendants
Odev aine and Ireland at all times professed to be act
ing under the orders aud command of ead Nj ,Tesoy.
Deponent further says that he never told Captain
Fairfax M0resby tina: he did not know what w1s 10 the
hold Of said Panchfa but he uld eiuse 10 duo" eau
Fairfax Moresby or any other British officer, to re-
move the matches of said vessel. Deponent further
says that is not true that he did not know the names
of the crew Of the Panchita; that he did not kn9"
them; but that all of said crew but one were at the
time sck with the African fever. Depnent further
says that the affidavit heretofore made by him, du-
pcste copy Of which is hereunto attached and made
part OF this affidavit is in all respects true and con
tans true statement Of the transactions of this depo-
pent in reference to said Panchlta ,nu
Syorn hasoye me this 9th Jnlv 1857
THOMAS BOISE, Commissioner Of Deeds
Here follows the affidavit of Capt. Sladden, dated
Ith July, 1857, and cent to Washington. 1t is sub
stantially the his statement of the circum-
stances of the seizure which was published in all the
papers as soon as the Pauchta brought into ports
and it also sets forth that the voyage was proper
and legitimate one, that he never was employed on
board vessel engaged in the slavetrade, aud would
not have gone on this vessel if intended for that pur
pose.
AFFIDAVIT OF THE MATE.
City and County Of Ner. York, @.-Robert Hodge
Of the City Of NewYoIt being duly sworn says-Ih,st
n ns citizen Of Cheat Ss unsd that and was a%
resed the Superior Court of the City of NewYork in the
sailed With the PsSehts thi. Port December last
mate Of said Vessel fo5 voyage e the Coat of As sI$
vessel the thereof aud that the ssme true
knowledge information belief on the pat Of the master
OF Of any one with said vessel to use her
ID
than In gmste voyage. That negro board the
vessel the of her seizure except two who had been
PCIsy owing 70 the sickness Of the of .d Psnchi.s
1es baynet t8es hs
him from going down the 5,ecs tie ,a ROBERT HODGE
THos BOISE, Commissioners Of Deeds
Mr.. Edwards then commenced the argument upon
the afdavits, behalf of tha British officers, in the
course of which the Court inquired what right British
vessels had under the treaty, to overhaul those OF
other nations Mr. Edwards replied, that right Of
search was given, but if wrong act was done, Mes.
quita alone could seek remedy. He was admitted
TO be the charterer of the vessel and the damohed
party. if any. In the of his argument he made
the following
POINTS FOR LIEUT.. oDEvAlNE AND AssIsTASr-SUR-
IRELAND:
VESSEL apparel and furniture are here safe that the
value not TO be taken into account Not as she had been
Cargo evidently belongs to the chsere Me.qus th.,
neither that any damages connected with IL eau %
Then reduced the point of injury arising to plaintiff
in relation to monthly payment Of charter money say *
month. .,,r,,.
But uppons wrongful act eyS' we are snensse to
Ne,qsits did claim ownership wronsio act by third
s Sne fer the me and he must Sc complaining
party against See Me.qutss letter in shedus under
recognizing HI. liability promising settle in York
Seizure by Commander Moresby was ON May Try 'hs Two
If this vessel seized because there was something
then ke the chaerer canuot make that ground for getting
rid Of the charter party aud he would be liable 70 tue es
II there was no lawful for seizure then the case
stands chsrterer though pothns had
has performed all he covensnted to do the private
BY third party csnnot take away the nen'' anu 'O'' VI
The general rule IT, that nothing short of blockade aud war
NAV destroy charter parties -,
In case this vessel should be condemned haying been
ENGAGED In In the slave traue, lhese
Again is grave question whether this vessel is not 70
be out the footing with cases where snip sseheu
As prze and therefore, whether this Court will take Jurs
Also il 10 serious question under the Code whether this
Court really has jurisdiction Of the as revealed oy the
III The Resoute an abandoned British vessel was taken
of by authorities and carried to England
and TO authorities This act brought the personal
ahoent sword 10 Capt Hsein of the American Navy An
American vessel the Psncha after command OF ner nu oeeu
sb.ndoned taken possession OF oy TIE SIn
becoming bail the Sheriff in the sum OF SLOW"
Ex-Judge Dean replied, making the following
points:
POINTS SUBMITTED ny JUDGE DEAN.
The complaint aud sdavts show clearly that this an
action which by law the defendants are liable 70 pc
Is VI damages cause OF action
mot arising out Of contract when the defendants are not resi-
" dents Of the State" ,.s.
titled as matter Of right hold defendants 10 bail the Court
will motion into examination OF the case on
The ebt 10 bail depends upon the attending circumstance as
where fraud is alleged or TO recover property
which has been as o,Se case & '"e
plaintiff fails the deenoa nave au nn
deakine pay their damages Sec l79 Code FL Keep <Oo
H. Blu, II the Court will inquire into the merits and grant
the defendants the benefit Of preliminary th-ne oee o.
should be vacated nor in respect modified OF
Defendant. nopre.dens and cOnfe.edly intend to
the jurisdiction OF the Court that Judgment would Dc
wholly Intellectual without the bail