Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1862-01-27

on tho tn Nay, 1851, he properly IN question belonged
10 Blake alien enemy, and was therefore SUR
to the bengereot right Of ec06seAOn when private
right cones in eouaet With public right the hser IS
paramount Had the title Of the dOaee then accrued
INST have yielded to the superior right Of the y o.
having is birth At the same instant To PFe'eo' 'n'
operation Of this pr1eiDs and intercept the n' Oh 'ue
Confederate government It shreUdy provided tha'
on the occurrence Of this contingency the deienaAht
should be treated IS donee from the cate OF delivery
\, impo,sibls 70 conceive any other motive for this
strange and anomalous provision, than TO Wrest the
pros,r,v from liability to confseaion. Il vas, there
fore in fraud of great begsrens right SomPOrsAnt Is
m, pro.ecton Of this greG; RICH, deemed, that has
bssu held that property shipped from neutral to the
ssemy country under scOntrle, to become the prop
srty Of the enemy on arrival may be taken ia trdHSiH
a. enemy property for capture considered as delivery
This eaptor By the rights OF wa stands ia the place
Of the enemy. The pdzc courts viii not allow neutral
and bsligsrtnt b. special sereemen' 10 change the
ord nary rule peace b. which goods ordered and d.
Evarel 20 the mater are considered delivered the
cansig1es AL such agreements are hell 70 be construct
iysly fraudulent and il they could operate, they would
60 70 al 6elgsrent property, Shie passing be
tween begsrent and neutral country, since the risk OF
capture would be laid alternately on the cOnsguor or
coosignee as the nSu factor should happen 10 stand
In the one or the other Of thoae relations These prnc
pies OF ths lgish Admiralty have been explicitly rec
oguzsl and acted upon By The prize courts OF THIS coun
nv TIE great principles OF NATIONAL Law were held 10
1uirc that in va elenys property should no. change
ia ho.tc charac er i trai a. and no secret HsRs,
frs slsctiOH no private contracts looking TO future
events shouli be able 70 hosue property While
sailing on the OCEAN. Cap,Ors disregard all equitable
Lens or enemys property, and lay their BANDS on &c
g,oss tangible property, aud rely on the simIl title r
tie uaris aud possession Of the enemy hsts CIhS
SCI.
The principles here enuuCIted are equally applicable
to seizures o. land and The beigerent right car
NO, be defeated by any shift deVeo TO turn hostile IT,
to friendly property By the magic operation Of var
sach an operation would not only tend to plrAyse the
arm Of the soyeJgn, by Withdrawing al enemys proper.
" from the usueuce OF this great aud sautAry right
bu, Immediately and irresisibly tho demOEAz on of
society AL eOnrlss therefore, intended TO secure en-
mys property from the operations Of theAWs OF
10 coarAyeEdon Of public policy and are void The right
o. ,s sseio, sbSh the verbal eOn.rse. here set out
seeks 70 cocisr on the deiea dAh VIZ 20 treat the trans
fer Il oLlmsnt Or g!t al ,n,ii0, At his election, q
e1pressv inhibited by the authority cited from Kent -
All .sers: trusts are coaierei as eonstrucivsy fraud
uisnt-I say e0a,rc,s!y fraudulent because such ei-
for.s % place eusny property beyond the reach Of The
rights Of bsicereats not considered As Involving
moral ,urgi,ude, vet the sOuaies principles Of PeOle
p9isy fo.bid hsir federation. must therefore, hold
aa the eO1.rAc, So on: 10 the answer Of the defendant
a. Al s1scued contract OF g vss.ing an absolute title
10 biz a. bis else 100, from The date Of delivery OF pos
session. i null and void decree must be rendered
spst him for U1O vtb intsres. from the l5.h jane,
1851 and that be surrender the Receiver the note for
tss residue Of 81 O01 drAsn By the alien enemy, en-
dsrs,d BY Nso1 ald duly protested for non payment