New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-01


port Of the conclusions adopted thu before
with no less efficacy than they had been reclpul-ted speci
gdousy omiited to cite tbs quotations made on
he argument Of cse by the respective counsel col
l'ccd 10y my reading and IN preference 70 hat couT,s
raye the points which the thres Courts Ia thj
orious to the very adequate aud satisfactory support OF TIE
auh0ne. OF the BOOKS a5uudauty produced Ia te JUG
neutg Of the other COURT.
Ae this preliminary survey ohe principle, supposed to
cuon in favor of the iJe!ait viii be Necessary 10 !ook
ni1 ~ specific proofs to sf'sin whether properly sssa
coudyn3bc because ofhs being shown 10 De prize OF wal
under the evidence apd law governing these prosecutions
gsk inr az q q cases the order they brought TO near
nz ~ Cont apu.s hst the bark Hws'ha csntund
or about Of Msy last by the United states ig
ship il Hampton Roads, prize OF for alleged yioia
rn OF The brc6sde Of the port Of Richmond Va and on the
2i'h day OF Nay 100, duy oeed IN this Court for con
% e .n.er ard 6ons 70 he bo GA the 18Th
DAY Of June therraer The pcaanss nieosed yy tNe re-
sp-re parties h. suhstauc" follows lser h5e'-the
cJu and Of the British Coaul behalf Of the own
OF the weasel sad portion Of The c4gO The tW"I qua
claim Of Robert Colgate Co.. fpr Frederick Paro1y
CO English merchants for other portions OF the cargo and
also the Czim sud answer Of Dubois aud aEdeooft aseH
Br,h and foreign Of part Of the cargo also tte
sud answer OF ]. A. r. a. Patterson ssrn' OF bn
of other portions OF the and s'o the a a
OF Miller Mo,smau Potts British owners Of SAID
vrs.c tnd alsn the au and Schuyler llns'
ton osrot, oBsu OConuo British subjects part own
Of defense the h-d by the British Cor.
sUdrd All the for going claims and answri'
deny iu substance the legality OF blockade OF me 2It OF
uJrd the knowledge Of the claimants Of s vo.ao OF VS.
the master Of the vessel had authority to PREJUDICE the s"
the claimants by any mla.ul act on his part lii
The appearing FROM the documentary proof, ana Tue
snswrrs 10 the preparatory inrHosatots eS-iO!'h wv
6e awath, FED from Eorlsnd dispatched sud laden BY
Tdllsh owners, Tor City Point ~ the Pgr Of EtNmohu vi
GINA car; % salt and 70 bring back cargo oi cotton
aud that port freight She was regularly uoo
uuruteI bTitish vessel aud was conn 'rl a.. "a
hv British -ubect She entered the port OF chnoId 'u
ed CITY tOiui, Ia thst port q" The 81 ae'
APRIL Tie proclamation oi the President o. APl - an
nounc-d ehceut blockade Of the ports OF Naia a
North sroIiua would be c.i5-hod aJd tue p!otiaa' "a
Commodore Pend-rgra,t Of April % ~ coEhiana o. tH
ruil ,tsoa gave notice ha n" hsi sla'en naya ''''o
glf,fr IL QUIT Il DE-
~" 'i ~! eyesdy I'd TO- viii bHna INTO
tn view, the facts relation to tho blockade Of the state Of
% Ir,tcr of lord you, Lord Ohm Russell dated Wash,
insor Nav > Gl with its UcosucsLOfd Lyons 70 Lord
John Rus,,l dated May IS Lord Lyons TO Lord john
Russell dated May H. l"l wiih ITS twenty l9closnir'"
explain the posture in which the OF he lia a'ha stood
at ths Fl her from the blocAaJed poh o. Ncn
NGnoron, otlrr parties representing the cargo ard o,he,
interests connected with TIE voyage appear a. ranAn IN
the gnd IN substance ukg issue upon tr .l., o.
breach the blockade alleged aud also ihs 'ady o. the
m,.,er of the bark and J. Potts, par, each IN
bis answer preparatory mteToease dcu"- personal
kuo edge notice Of the blockade prior 90 the capture or
thst tho OF III" vessel had notice thereof 1ut ,he
in he private uTai eg aud found on "o5d i"e 0e
d,c, OF 18th. liza snd 10Th Of May no;r M 4rrlce
i'm Rio m5nd snd Petersburg 'ho. days ard ia he passed
night public hot, IN one OF those ic' '''
.e az City Point found board Of her speak the Oo'Aads
severe, aud snown ut thu port where 'h was laden aud
iE- certificate of George Moore, British Con'.! for che
Sste Of Virginia appended to the .iP' J.l''ss m,s go
denrt that IL, n,,trr Of his vessel and interested in
BRUSH trade led notice Of ne blockade Of the ports OF VIZ
suia early The lth # Nay, AID that It would b" en-
lo e. The Consul uppo.'d u days would DC allowed J ~.
ds c o. Nys,is aud thai the time would brriu from The "a
Of Stay but he does bot sset authority Tor naming that
the true day when the period Of Limitation ~as to com
In hi. instance every particular necessary TO Constitute
!; personally her master owners, concgITes 10 hE the
p.ump ION that f1 know ledge % the fact ss o''.ed By
mon nv ne I'M yio alton OF o. The resident 81 lister Of ~"
neutral Govemm,u, bad official no,i-s The Con.g Of the
a. ".Ta. FNYN F.HeN I z /. on on
The 5h Of Ma h. had csutared FeIs's IN ih-sc
representing the owners Of 'he hir against hei A,ys We
nat Of hst time IrePt b. ue,' ut ihey ~'HI
no, 10 hr going and ihst evidence r-;aE'-'
ire lgrce the ,g~umFt0g slalrI NE Integrity Of ne 'ti
1ui part oga6t We Present oF 'n'A 70 a''F '' 1s'.
on Tos his, tie port Of Rici nd WA under t9sads,
an s-fo then honestly atel bond but sr could not have
ifh 70 tdd cargo alter notification " mos 'ds" o!
- H. American decisions seod with them 'ib. t' priv.
eae Of the neutral ye 70 leave Port o.eessd'd 49, hl
purchased ard laden On 5eeri before ne eT'sl o'
IG4. OIiyssrsy '. The Mon lus COZ
The a., Of the .ss,r the ye.s, On breieh or the block
10 o 'Se |c Oh, boel,ds be, become ef-cys a. 90
tbe vessel. Sir " %. Scott 200 Oh, tlo" judith Rob- ~
!Ut me 'l''t q - -. 80. 90 if,r.. AL u-.t
Zen on Eo,rf sgr the kuoysIsdsr Of tie bossalc. Tie
49," Of b.ccEaar IS tue lip vii equally rrte' rc caro-
~ b.syJ rcs there be oeai r1ooi of ihs iLoesrey O ne
cargo. and that was re lTli IieItF a. ".
tori In thu case any portion Of The CAIRO. and 'rons
,nIicou upon some Pert Of u ihai " j. eI'mA'IigP
cry ne scrr,. eoarrv tie evidence should b. made
Zee Of doubt by tie orluts LIE wts shipped o'1T" no
to5re 20 al az point. The wont u such proof would s"enI
TO prevented he dcEL- 81 nc ns' ~ iae Io.'n
rcu; on the n'ture Of re Eft'h Minister airf Der ~
f,s. fl luther 81 ny opinion, te maHo- Of 10. employ.
rprrt Of e shin tls voyage Irurs tie uriar ih" 1sei
OF the cargo also on the shipment oI tAr nom. 'oytF'
10 asgG was laden Ua The vessel here u.t he Afternoon 81
tain tom NJ seward IeaIsiion o. IN" ""lAoh oi me
g,r,- with repeCt 90 tie Hiawu'Lu iis' wa Polli
WIZ l, fS- III yrs,ei both a. 70 her sirs and lime
oidepartue I'm the letter al Lord Lyons 70 Sir s~sra ofths
,aIf, her bv this Government g. ship cargo sfcr size
received notice Of the tOckcc md The Irs,yc
scsrdry the yee Il sie hii made Her departure within
the period Of fifteen days nom &c o. '.e Doct
I would not have Decu euued 70 export he cargo aEsn on
bOard after knowledge Of Ae b!ot -de d. sacHse row.
h a.; Wheat. Elements "'a u now H., ~. NlihJ es,
proof that his &c! was honest aud AR Is 70 TIE
rights OF the captors 80, a., , ..... -
VOW uu the 10th Of May 10 unoo'rg her s.s In
nor. lie deemed the 81 tie yolags Ad abe
srrorlngy outside Of the htsen days tern o! 90 zee
When captured -he had it tie port a ramond sna NO
Led he blockade there existing Her e' w 70 be pursued
aswas commenced through sqo.srls g'n'as'1''gi. &C.
o5irgy noToanec Tor the condemnation o The vessel
and CARO- 0ccau OF violation Of ne blockade 10 Gae'oE'
r0pt va made and fully ditcuss't iu he coIrs ~ the
portions Of the cargo being ener plopcT at the
lie c. II va considered Gdyissbie 70 dispose On t hear
~ S, o,jrr and more imrolJsut issues spin tug out Of
80 9e 5ejsred and the abiiies and i,ht. Heareis
nde those q1estions Should tie Judgment o. 'hf 90 9Tt be
g.d by he higher uI, there vii be- occa'ion 70
he 1bect Their aud should shs decree be- T'yessrd,
tn cause will undoubtedly be sent down ron re courts O.
sppea t Instructions which may probably ung OF more
5tty than the present shape of the pcsdng and PROOFS
eeIu have done, the immErin's ana Tshh Z" hr h,n'
owner or carrier m csrec the goods Of an enemy laden on
,.. bottoms aud oT regfsl pOts together With tie cone
spending privileges and Tespon'iUIities 81 caltgi. -
cOnidsf TIE pToofs IN o." rtss AFFORD WORM Ifsuitp
lion hft both the and part owner Of the vfr rs
with lad direct snd positive notice Of te hsesaae o'o.
and Dispatch her intent % eyade IT, oI.fson DO ho'