New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-03-02
UNITED STATES DISTRICT coURr-MAxcH L. Befus
lndrn RRTTs
Tie FOWLRI

| THE FOWLER DEFALcATIoS CASE.
The following are the points submitted by Distinct
Attorney Roosevelt in behalf OF the Government in
the suit against Messrs. Law and C0Hover the suretee
| on Mr. Fowlers bond:
p The y,sst on the ,ps, sSda be Sc. s
action Of law the bond to be rtged oy The United
,d, Circuit that the Government be esabedby writ Of euor,
e advised to .eko the Of the 5opreme Court Oh tho
vnG Fowr the principal and oipi ooigaor on The Bond,
Isis sas pc e 10 %e o Pns Sond or tue
nearing strud be ordered to stand Oer to allow the proper
d here be any equitable ground for relieving Law and
ron the pc. Hs OF any par, 81 me %s can Sy
them had be become joint obgr with them
' sSA Ss soad be %as sin. 20 the Us.d
stes proven, from prosecuting common law action
ordinary Que BY distress warrant posiaed IN the Special ss-
! Dc COMPLAINT should be dismissed on It's fase.
ads,s tbs. the pond ~.s s1se :ed by the so%raSaut
q he 6a, q fcyeTl 20. & %siy
% sy not rasss ,S nsH,-. or hat Of tie allie co.
surety ChaIocE insssa in The body Of the n.,u
der aans end ssreenent with h and mo-, with The Gov.
EN- and not pIs.. nsd 20 n,s oeen o. y. nave
b pmpee delivered To the Government" should also
The co npian efore bill admit that they gave
Fowler the and The osteu.he authority Of hns IN tho
in esr form at hs option They
from sesins tas be- Ios,ed tbr private irrucons Their
omission than eighteen months 10 make inquiries Of
ans Of tie alleged understanding strengthens this
es,0upcl, and with l. tautaIuOUut To : waiver.
yCgoa understanding jOiat obgors cannot be adj
mied var the OF the written in,trumen-espe
ay ieee having notice picion OF all
legged dn aud without any effort maze By either Of
tie obusOrs 20 give such notice.
No proceed Of binding authority can be produced CAS-
been held Out maker y3 zon whether noe CT
bond ecued vontaniy In blank eg agsrkt
dds SOLDER advs1cius money the faith OF The security t the
uled C0ubhgor lrorrOee 20
whom he od ~ trusted fr ta purpose With Large sonI Al
number of suretles than hd been
yre agreed upon OK understood between him and the pp
/ c al debtor. -.
On the contrary has been expressly decided BY the highest
Court The that the insertion ~ larger sum than had
been upon The in eject pTeCyey tho insertion
of lesser OF sueiivs TO dce einoDss no Geense Ia
favor coudiAg against bonahde holder Of
the instrument the uudeIst inng and
eXstcDc,. Ivan Duzer stowe, ~
York. Rep. 5.l This decision does not din
| tinction between noe And bond
TIE sLAYR-TRADE.
WIN. I. l'ohiLs1n Il al Big Falmouth.
Libel for seas len's wages from New-fork 20 tie
Africa aud for months additional pay because the
Port Psys, by the detention OF the
b. tho UDud s,ates So lon, though the criminal
chlrle agiiust the yc sci Was atersArd dismissed
The Court held tas the bants entitled to recover bnt
oUly Tor the term % 8 cul suf1ire.
BLied SJ soyefegns ond l57 half sovereign
Libel for forfeiture Of coin seized as part OF cargo
Of bark Achofp. Ressd 10 be engaged ia tie slave trade
The decided the Marshal has the legal CUSTODIAN OF
popey stAchcd thG though the cuaut has put III sQuac
ioE bond for the oi the COIN the surete nave nos
that they have clear and ABOVE tei haDhpes
s1cirt Yrluc aud bslco "Anot he discharged
arrest, Tue sgnbg Of smother slTety did no. conof 70
vi the Court ~nr 70 ~ an agent oUt dd
the sgtGoei u put IN OF Was the
bae thereof for Finally, tue claimant was not
by and bail the coin, aDd should remAn
IL the custody OF Mushal until Juocialy disposed Of