New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-06-23

them 10 &C, with the ordinary obligations OF pro
Hcrins that may receive such explanations as may ooV's
'e bavsabs honor 70 be- Sir your obcdient servant
GEORGE COffELL,
Her British Ma eHy's Acting Consn;
Ma;orGen BENZ. r. BUTLKs. L. ). A., Commanding 10
partner, OF the Gull, &C.. New-Oresns.
HEADQUARTERS DRPARTsEST OF THT SsL'
NEw.OsLEaSs, La, June ~ i TOO, 10
SIR: am directed by the Aisior General Conlusu.ns W
inform you that answer is to he given 70 VIZ d nei..
CoTpe esq Of This date until hs % I'd he Govern
sioDs recognized by his own Ooverie. sction on
ment Of the United State All sttem't Laye been
NJ Coppep. part m l9s, cease ms ''''''
have tie honor to be- y0nT pSea CENT snd
Cvoyov Coppy,, eso Acting Consul Of her brnsmc Ma
/ jesty New-OT
The P,cqvanr Of the 18th says a large army o,
Iaborsrs had for the ast three days been asseuoeu
around the City Hall, awaiting employment py 'no
/ City Council. ,..,,o..
| Con Entler has ordered ;he unconditional release
oe DR. stone, an eminent citizen Of New-Orleans.
1r Pcayunc announces that the city II fall Of the
most exciting and variant rumors relative to military
movements, and counseis abstinence from uAuue eA-
element. -
THE CASE OF DURAND AGAINST THE BANK OF
LOUISIANA
1t will be recoleced that, on the 9Th inst, after
Provost Judge Bell had given his decision In this
case Maior-Gen. But er granted al Application, on
the part of the bank, for stay OF proceedings, IN
order 10 obtain a revision of judgment. Yesterday,
in the Provos Court Judge Bell sent for Mr. Rozier,
counsel for The bank and, on his appearance, In
formed him that be (the Judge) had received Gen.
Butler decision in the case aud proceeded to read
il to him. II sustans the decision OF the Provost
Judge, and is as follows:
"HK.pQUAETRRs DEPARTMENT oY THE GULY,
Ngw-0RLEAss, La, June, 1862
In the matter of the appeal Of w N Mercer President
and Auguse Monir- Cashier of the Bank of Louisa1s
defendants from the judgment OF the fiovot Court upon the
Z complaint of A. DuraDd, complainant
hi. application by the defendant, repIesen'ing tie
bans made the General Commanding asking him TO revise
aside the udsusn, OF the Provost Court made IN isVoF
At /. based upon the es, theory thst all matters
within garrison camp and perhaps geographical military de-
psrIneu wherein martial law has been declared the poweT
Of the Commanding General IS absolute and mat iooHing
at him as the representative Of the martial Of the Gov
ali applications for redress must DC made when
ANY wroDg is supposed to nave been done 81,
This being sound, 50 iaI as can see have with
The bet though, possible under tie circumstance ree1aia
iued the aud tie assigned for the appeal
Error i, claimed two grounds: first, that the Provost
Court bad jurisdiction OF the canse and second thai th
judgment was not In accordance the law when should
THE Argument assumes ths. law to be General Order No.
30 and does net dispute the authority which nsde or the
effect Of that order but contents Itself with endessorng to
The objection to the jurisdiction Of the Cour. pu, upon
two grounds that the Provost Court has jurisdiction
Of subject matter second that the proper parties were
not before enable regard the nights
| OF those who were not summoned IN u case.
1t said that this question being one Of night CT prop
ery cannot be entertained by Court which oniy sets
punish the attractions Of military orders and police resu
a technical answer to this objection which is in the
nature Of plea to tue jurisdiction would does
appear this plea pot in till aei the hearing upon The
merits Ii familiar rule thst party shall not b. allowed
20 Court and have hearing his take tho
chances Of decision in HE favor and then sd7e.o repaid
ate Ia. Court before which lie has appeared ard 20 who
udgmen, he hss submitted his This rule has been
held very strictly both IS 70 jurisdiction over me .ab
matter and The psIties but Ia Court where technical
rules allowed to work injustice technical answer 10 not
sufficient.
OF what then do the defendants complaint The bank
the has made order which taxes he prop
ey Of the bank and give, it to another end that the court
has no power But IL that so Ia II not the Com
mandns Generals order which does that Of which complaint
Inade The bsuk nowhere COMPLAINS the. the General has
not the power make order II in his judgment il
comes military necessity, snd that order the sub
shown by the fact thai the rs' queson pat
10 him upon entering city wGshsi currency would De
provided Tor people. them from starvation aud
bresdTiots 1t has passed into history that he permitted a
ycou. currency medium Of circulation for the purpose Of
meeting this exicency.
AGAIN it will be remembered tbs. the bank claim.
tina, IL is exempted from the etc Of this order because by
order OF another military In September last There
civil law foT 10 Wa Obliged to susPeui sPece psy
Il, daily currency instead Of its bills This order
submitted TO- n not with Joy at sA'' not under protest. 80
THE order well the law Of the land, then, Is ibs
the bank shal pay It's dePo'on 10 gold silver can and
that this order Commanding General la. not
Foy sba, cher Is Pfovos, Court In military phra.e
constituted eddy 20 inquire into determine, ard
punish the nfiac ion of military orders.
do this the Court must act n rem as well Us In per.
tonGB familiar example would be, 4 the Commanding
orders an giyeu and citizen
refuses to obey would not be within the uf'fc
on OF Provost Court although ~ judgment should act upol
right Of property involving millions Of dollars worth Of
uluskcts. .,
n the &C. brougt. before the Court therefore 10 ALLEGED
be nfac,ion Of military order II 4 de'erminaee IN
military court Again 1t .ad that the Court has not Jurs
dcon the stockholders Of the bank not sum
moned msde parties and that their nights ana interests
will be affected by the decision. This l. all true But Old
the learned beuk hear OF suit tsans
bank In .ny Court where the stockholders summoned
in unless charge them Individually which IL
not the here corporation acts through it, authorized
agents. bound by their acts and 10 10 be charged upoa
to his objection sufficient
the President end Directors Of the Bank Of Louisisns to
the DEPOSIT Dir. Dursnd In their bills which Is on
changing form OF Indebtedness from deposior Ia bull
holder under order OF the Provost Court without the
consent Of the tocold would provoke smile 10
serious discussion when remember TINT this Board
Directors without asking leave Of their stockholders
against and right @3OOJOJ Of bullion out Of tHeif
hands and out Of the state whence they VIII pfoosby never
see II again. , 5000
am OF opinion that these objections to the Jurisdiction Of
the Court unt.nabie.
The other objection 10 the merits Of tho decision can
It seems to be disposed Of in word II the order ),
proper II be oDeved It's propriety cannot be dis
cused By IL 10 admitted that DuIand DE- poor In the
bank Of what the bank chess to take "a
eycredited TO him mouey-nsy forced upon the CON
bank should pay him in specie The decision following
letter Of the order 10 that the bank give him their own
bills instead Of money OF that decision the bank has
complain Dursnd il the creditor Of the bank
q deposition. The deoon makes him their creditor - bill
holder In equity they have nothing to complain oihe may
because does get his gold to which by tn laws OF
banking laws Of the State and the United States he is
titled
lie does not seek the decision Let Il, stand
"BENJ. h. BUTLER Die. Zen. Commanding
Correspondence Of The N. y. Tribune.
a. q.