The New York herald., 1862-11-27
United states Circuit Court.
Eefnre Hon IuIrp Eeisnn

THE SLAVE TRADE-pIscHARGE OF SANTOS BAIL.
Nov. 26.--ln he Mater Of james Murphy, bail for
losslL H. Scnio--Nelson e. JTbs is application
the Court 10 the default order prosecute
the recogpznce Of Murphy FOR the appearance If Santos
Indictment htting out vessel with intent
employ her the slave trade, and 10 ABIDE u lier of
The Court. The prisoner appeared and 81 TO the
indictment, but, pending the trial anu .eiore it
concluded, departed without ieal. oi the
Court hc was called and the recognIIstcc duly
essrcated but the offence amoun!et to a
N sdemeanor only. the prosecution progressed the
prisoner acquitted by The jury. he bal now APP
plies relief the default and eslfelt the
nzance The si-ih section of the Of Congress 1899
Is : r. SD provides that in Of recosnizapccs in
knai forfeited the Court shall have authority,
teir discciion remit the Whole Fart the
ally ahcnevea shall appear that there has been no will
f default Of the parties and that trial notwith
standing ne bad IN the cause and that public justice does
othcrwisc require the penaity 10 be exactcd.
THIS is rather stronger IN favor OF the Application
than these contemplated the statute. here tho trial
has been had the prisoner acquitted. ihe coldition
o The has been performed IN fact. though
nst IN concentration Of law for lie stood trial
lhe beng misdemcapor, was competent pro
.red th the rial ID hlS aoSelce Although must
ssIne III AZ e default was wiluI as il respects the rr
for angh hat appears The bail IL innocent and he
he person most materially Interested 10 the success ot
The inoti Under the actual circumstances OF the case
IA,Bk The breach 81 the condition q the reco2nizace
technical and that it would be unreasonable to impose IT,
shall therefore direct the deiaut and estreat be
aside The bail to pay The pisrct Attorney the costs
q suit has been commenced.
liz ne case # Ross Wiaoas rS. Chas. Ddafo.A and
o,hsrhe Court set aside the verdict, unless the plain
iii consent 10 remit 50 900
JApoRIANT REVENUE CASE.
NsisoS, c. IVA A SAFE c, al 6. augustus SchelL-
This suit in tn Court brought TO back
of duties paid under protest several packages
OF goods shipped from sbanghae China The question
involved a the value OF the tacl Of shsnghae currency
Of that place. The goods which shipped in 1859,
invooed and entered at the Custom in this
currency The Collector fixed the rate Of the tael
claimed the at dou. The evidence IL this
al way namely, that the Shanghae lael is esti
mated dollar, federal money, according to tbs
OF trade and business since this denomination
INTO IL appeais al the opening or
The port OF Shanghae which was in lS53i the currency
in the same as thst which had existed at
Canton when IL was the only pot open TO foreign
estimated. in fcde, money q dollar and
forty eight cents According 10 this currency seventy
sels Of China were equal TO the dolar but IN 1sJ,
char se took place. which consisted IN the ad ticn OF
called the tael OF SaDgse, valued
dollar federal money In other Words for convent
the taei OF Shanghae was used as representing the
American dollar more IN harmony with the vccabu.
larry OF this country than the laiiers term, and
then all purchases made and the goods shipped
have been invoced in this denomination OF money,
which s entirely distinct from The ae or China. Several
merchants engaged IN this trade have been examned
tons from the Custom House and give very full &C.
Of the change and concur IN saying that the
OF the ae ~ Sbanghae federal money Is dollar,
and estimated in all business operations that
place since 1857 when II rs came into The ground
upon winch nis view Was oNerfateo oy the OoueCtor
was that the rate OF value Of the demon nation IN
federal money was fixed by the act Of c ngress
OF l7s9, which provided, among other things
section 81 escb tsel Of China al dollar and forty.
exhi cents that sbapghae constituted part of Chins,
The denomination in question must be regarded as tact
o. hi3a. But this ground against the whole Of the
evidence in the that shows thai the deaomina
entirely different, and import dleren, value
10 federal money and cannot be ooncunded without great
injustice 70 the merchant The eject would lie 10 charge
hin duties upon valuation nearly a third above t.e
market value al the place port Of expectation.
Judgment for the plaintiff for 81 900 subject adjust
mens amount by the clerk Culver aud Ridgway
for r,inrs United states District Attorney H. u. spJlb
for defendant.
This aprlsion governs about forty similar sass