The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-29

THE PRIZE CABE9-TRE HIAWATHA.
UNITED STATES DISTRICT COURP.
pefOpo Hon yudOe pAtts


UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts
JUNE &.-7he UAtAd States AMI o:Acr Claisonts us. IN
Bark HiaSoa.ha Mr.. Charles Edwards resumed his agu
mept this morning behalf OF the British Corsu anc
British claimants Of the Hiawatha and her cargo. Il,
said that tho power Of the President to declare b.
proclamation proper only for the purpose OF putting
down rebellion and IL wac the duty o. the government
sbordnates to second the President In pntting c,rdor
round these rebeous Southern ports; but TIA, IL wa
not blockade aS she la~y understood 10, an not
declaration Of war, for tina, reserved by
tuition N the United States sole power du,
Congress. Mr.. Edwards quoted from Judge Sorry anc
1.-The Federalt order TO prove that the very beauty
OF government OF cheeks counsercnecks
II was not moDsl cny, bu. yepu bic. He quotec
from CraLch, vol page 10. The learned counsel
took up the OF the Tropic Wind, and The recon-
opinion OF Judge Dunlop delivered Wasniogson which
notwithstanding that opinion, the vessel aud cargo v
been since released Here the facts and
bearing on the Iropc Wind were recited, with which
readers are faiiar With respect to the cases relied
on arising out Of the Mexcin war I: BIO ted
that, although hostites began without declaration Of
war, yet the relied by the Judge did o;cuI
until lS46. ls4S 1SA9 while the act Of Cngpess de
cl4rpg the was passed in l8i6 Ye. these
quoted against these vessels at this day.
was no declaration Of except proclamation to re-
cover public property ana collect the revenue There
doubt but that nation had right % levy con
to,s but thai was YER, onsrens ,h,us fr" ~
neut al property IN rebellion The President had % yer
BY the consttutlp to execute the laws, suppress nsur
reotn and repe invasion; for tina. purpose he nigh.
command the army and navy, ana call the milisSa
but for no other purpose Tbs counsel
verted quotei tie asa OF the Spanish ship "a u,
frini ad, which before tho courts Phiae
pha duyifg the war between spain her old Colonies
Il was then decided that the question OF pubic
belion could not be argued ~ such There Vas
eoubt but civil commori1n existed DoY, bo.
that II waa not puolic understood between
s1 pssons On thus point as opinions and decisions
cited 10 show that q blockade could not be Law
fully established IN a state OF civil rebellion
BE insisted that the vesssl had fs, deal, h
rbe testimony preparatory disclosed that she ID re
ceved no wsYnog ana he stated yesterday President
Lrcojns pro,Aznatkn declared tina: they should
~ayn;ps OF hfteeD days before the a,tu ockate
n,ew.ea gs insisted that there only hours
hst as the limited time, and quoted extracts
from The ply.s >arnsi to show that he
SCI wa. detained By -s1 vnas The vesse al
nut It was when hs client had knowledg, ~ i.a
ace He denie1 that The captain had kn ,wleox. "a
existence, and insisted that the letters found bolru
coed DO he brought in evit ense sgains. ths clsn.
Why even the caps,ns private journal had been iatro.
duced ana portions taken from it TO auit the govern.
extract wSad ab,s merely ,s,s
Mr. Edwards concluded with the following
The Hla~athA was neutrs! vessel not a. all condeced
WIN me ~.v. doers who q nyesep are rebeng agA4u'
.us oouatfy sna ss vernlent, and YET. neural % soe
is tae Dstsct Attorney ssks the Court 70 her
de (Nr Elwxxds) should insist that as vessel md rot
been fairly dealt win BY her CO. ors The residents
P,ocanlH,Nn an ~" W NO LtSa ships warning, but
whAS warning au 'nV ain, owner consgnore Of the
Hawa.ha receiver Noe AZ he had already alluded to
the treat betwee this country and Grea. B,itain he
would briefly ienark that neither in them in the
sutn had ne seen any authority for the present oIo X,
AIDE. de Looked at merely rebellion, and the onty
means subject IL in the hands OF the Presden
10 al bockades certain number OF days were granted
ss notice but In the present instance he would resps:
fully ask the Court what notice warning mad his clens
the United States and denied that The Southern
District OF New York had any Jurisdiction in
the present case from the fact that shs han been seized
at Hampton Roas, which WAS under the jarsdction o.
the Stste Of Virginia But yet might be said that Viz
gnia enc Of the rebelions 5tates and thai would
only show that the United States was not Ut war ADD
blockade copld not be eeS ua'y urged IN the present
He ccnied emphaticsly the Jurisdiction Q. the
Court, and wou respectfully subnrt that pom. TO hs
duced he would only repea. that he hoped that tho
tents Of lette. would not be taken In constdcroa
the Court ae affecting his client. What did the owners Of
the cargo know Of this blockade Nothing. and they
should be respected End their rights mantshe by the
Court The distinction was obvious between the owner
o. the vessel and the f the cargo Counsel hs.e
eloquent panne alluded to the salient poiutE IN
the testimony, which he contended proved ignorance
upon the part III the captain of tho establishment Of
blockade lie then commented u. length on the nature
OF the resent Disturbances in our land, and closed
~ trusting tna;, az this Yves an iop,r:ant
that his Honor would extend to him forgiveness for
having occupied nearly two days IN the delivery Of his
sreaTes ne would svs a ne case S WIZ as sSnar
with lie elt Il his duty to his cient to rub nit 70 thu
Court ali the consider aons which presented them selves
TO his mind with the suggestions and Authorities he
tad Offered be would leave the IN the Eanis OF the
Court
Judge BslB-rbe Court will only remark tnat the
counsel has argued the with great fidelity to his
client, aid very satisfactory to the Csurt
Mr. S. j. WoODFuno, Assistant District Attorney said
that he sbout Dave objected 20 the introduction Of
the correspondence not that his sep;ohe Ds-
trct Attorneywas aHssnt, attending to tbs incessant
calls and consultations Of his cli,e
The Court was then ad!outnst and IL uniers.ood
that Mr. Vim. Evarts II up the part OF the 20
vernnsnt Oh Monday morning.
CASE OF THE PRIZE sAIITE M4GEE OF