New-York daily tribune., 1858-07-08
UNiTEp srArEs pIsrRIcr couET-N.r rra.. l,ss :


william p Colts md wisr s;oh-l rss Sch,o,-r Co.r.
ris- F-isy W. Moore, siaec0 j. L4hsa All Losvus, A
The htel4nts, suio charders aod tai'r. residents
ud cot bu n SvYOrk were in the as.s of dsAiss
of ron North Carolina eue..ei ia bu itas
insvs.,eI'. soe other iisH.sesoo. ia 'hsi st,'e
deaias rss 10 Use b-een en .u'e oT 20 tee mouth
a. septsmte sS aud cont uuet sbsquen'J op-n
orrs of &c BIZ ,sd credit Al tia,
then f. Nwfck H ssres hat the hosaas 'noie nppy
cl With Hooe sb5u, ocassraenl ais rsstSc,
Il North Ca Ina and hs' they should ar'e ~ssSTer shon
b 'qurd to tAA end the written Or verbal 0'de' u
On tie 9Th of March Moore tie ie.,a' from
by s.raue hines inroeucins the sr ss the
irteudd master the whea seted sld el ens
Re ubesI.s rate. posi- ,e the sge amounts Of
cour.e the Ar times in order 20 give ths vessel son-
of v shs expect 70 pay betSesn Eui three onth. "
s,re t.d .dvissd he 5e that Moore would betwe9u
July ord spemheT teu oonsid-Ee .noun 'o th Plr
dealt BY the libel, but vita soue others were to be
By letter. Of dse' & March "a ad 20 the libesnt. sdy.ed
Moore that they hsstenias 20 ld 81 C'p; Ha-.
that h@up sails blocks &c had been PuTeha''e y me Oa
tie o Msob they further wrote h Il AZ e g)ocs were hen
re,dy and rs,uoid eni',sce Of iants Ay asa 20 nhe
tbe L. xt sixty osys " N be h,svy'
By tier Of Sps the bel.nt informed Moore th. the goods
al board the vessel IN Newly * l tranPoI.on 70
North CaTo.lA that they ncos bill Of aiding aud aroun
.. qEg :, .rsgs ss 4 il h1 81 d. .e a lin r. s
On lth Of Juy le7 Moore ezesuea a. r.h Carol "a
nsy esys and cr the s.t July The plsc-
noe for the s'ms snoun, @ Pyioe ~ Inssy Gays 1IIg
lowiIs smother ori.o note d,ed at New fors PiyAee
pcnissory notes were produced In open BY
tie counsel the besrts the hearing OF the osse - nav
10 been Eyeu for The debt in prosecution aud were
,ppsGcd in procfhn h. material. supplied by The nbesa
were ece,.sy The conjunction snd u the schooner s
could b procured The rlse wers she ws' o
and hd out They Ie suPPed ioI her service '1d aT ns
Ouih N.rh csTo1s ser port oi realty 1Poa 'e, c ct Ma
re Gssre St Pierre M,niqne thence to tie I.,9t
Nev. rs9s voyages there to Sc Thom. where sue
d.y, quarantine dl,s aterwai 10 eisch rsins aai
charteI by The way the West Indies b,c< 10 Nov York
wt ]:5n' & aad we're s s "a I. ..S.i
Of the vessel this within two three day. .tsr her
,na.re @ s5'i IN P T ben,s hsrsd ta. the schooner b
Whining g,on North Csroins and in want ct ship chandery
worthy 1t nas,e the high sea: and proceed yoy
. to TIE West ad. s y 5Py I'm Ts.s emo
snd Up title 70 the vessel under Al assignment OF r IN
tie payment of debts made 10 n by Gilbert Moore
prior be Of this ard by formal Answ,r
they denied every material ssstou N the libel npon winch the
Court over the SUBJECT m.cf ana u..od arguncntupon
explicit Judgment upon tts branch deiense because OF rs
Importance OF navigation and commerce
In Amoc.n vessel. ard because supposed the law govern
rs that obscure indefinite IL ts PROVISIONS hss
become seemus ally under the rules By which interpreted
ard tdnlniI,eTsd By the Counts
There slso para. n.eyenton and defense TO the
tou in the Of james Wit Sheriff Of the City and
County OF York who nterposed snd claimed the vessel by
creior OF Gilbert l. Moore the alleged the schosrer
Tbs brsnch Of the defense of g the last May Tr
The Cont issue 10 "a yol MSS Dscsie rs, iJ
and viii not be further ressrdsd IN the ePor Of th' case
Ths e'se vas is1sd Upon the proof G By Ms'
Gcr.id jr ard B. D silimsn tor cisi@an,.. -.
a,i lss he si2s & F hs t ' 81 'S'a04 I
ebeIt L MooI In relation 70 tas IN; ana sappS u .e'
time eoiI,c concerning ioTsisn 's and he N
becAu by o
her wherever she went hs. by the local sv OF
North C.Iop. under which built registered .nd
subject Len for b. debt which, by the principles OF
the general maritime Jaw, I, enforceable in this Court
The position the part Of the caaants h that this Cour.
h.. no u,.sn M r o.r & ne matter q M s G . 10y
.Td proofs ard th- case: Of f at Reid s iie~ ss aoi
yet published but copy Of which has been furnished me-
sa assE. 1Icc c.s :. i s :w t j. s % sn @ OF tue
In view Of the sS.ade Of d. pending UPON toe GEN
eveydsy business deeDss within the port between mechanics
sbs this specific point should be made the prominent sub
ct and decision especially those Judgments
ofo,e applied this eses OF and have dninhed the
.ecms formerly soced in this Court IN beh,f CT that order
In the s place 4, important consider what the
special features IL the case Of tr as Reed ig1sea upon ey
The contract credit In gard TO necessies supplied
oTeisn vessel on voyage in order to give them p nese or
The teambost suans employed the Western Lakes
and Buffalo sd debt CONTACTED at Erie u Penn'
yvsna by her owner aud aste Tor supplies e coal 70 hef
the Of succession OF tips for period OF
about ye IL assumed BY the Court 70 have been nee
ary navigation Of the that she should be furnished
with oos on those cessions although he proof on ina was
held be loose and indefinite The besn furnished hr coal
that whn den snded from June l35l to May 1854
and rendered bill therefor CONTAINING funIint acouL, o d
credits The Of the bet usually gated at IS
he wa. present they furnished the rsqus. of tie per
in command The an'wer deuiet that TIE supplies wes ur
rhd the t Of the boat and sverred they were urned
The G ", aid out Of .w the nsiequay proof ,hs the
q necessity 10 the uaVyaron
vessel. within the Admiralty rule si toe time Wa. hei
Of the serious din 'y IN the case OF thc neeA
In ID. entire .senc- o pooto show ths h,re wa, also
necessity At the time Of procuring tte supplies ot c,va. aPon
the which asserted by the Court to be s essential IS
that o the salty the article itself seems 70 be supposed
, S ppss or repairs and an implied hypo hcsoa Of the
vessel 10 them will .stify the rule thsa 10 case 81
tss ,se s,ro.e ". tSns tl. nI.apprea-n.ion"
proceeds t justify the position Of law t.s-n y men
SahoIile an impcson oil lien the aud by at%s.
ton sreriy d.avoring The increase o man1me en o. n'
class upon tending tO -rp-x sii eu
M busnss. rather than fruh tacieI to carry forward
and ceelsIips hat ch ens should Dc strictly limited 10 INC H'
The jurisdiction Of he Cour, the question ons snd he
.sue hen It The hu.ne, Of aud navifson
b,we,n port. pisces different States sod Territories upon
The lakes and nAyigae waters connecting the sSes A' p
Tsec Kssssd the vessels employed IN u,gss
ton upon the hish tide water, within %.
sduiTsty ms'itme jurisdiction ot re tlsa sAe'-'A''
Of Congress F,b &c Ie5 statutes at Large, 12S) III
The ruiu3e teptiy, Of the present cs's Win
,s; Rod in tLe lesdi features sPlea, thus !.
were obtained port. States foreign to those Which ne
vessels rCtiyey belused snd were procured @
r.t the who also in each case VS.
OF the vessel st the time neither case was tase
:. D. alton T direct paw cit Of The purchase p1ce: zoe
c pachsse any Of crec agreed upon beiweeu ~.
paIiea The decision In Pratt SGT Reed Therefore N no ~y
opon question q implied authority 10 MISTER - Psso
vessel scch ersd because TIE q sns wa y tn ,b
directly controlling confederation VIII "a 5oVerueo @
co.e how, imminent the necessity o we yes' ~ ~
the supplies might b. the c-u5 no. be oIosh,& ~ h %
cogDzance the Federal Cut. ugess appeared tl1 'ne
ces,ty eqray u'gen, that the responsibility of le '
should be pledged Tor paJmen'. ,1t.,.
Il ne thr ths. the ot Pratt az he1
cepbe of otLer Interpretation han that an lnPei hen
stores, u:s,eras supplies Quits of say kind eau hsct