The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-08-15
LOCAL MATTERS.

THE Casr or Mr.. r. d. OsDEx.--Upon the rem
dering Of his decision by Judge Halyburton, on
Thursday last, maintaining the liability TO consciip-
ton Of Mr. Ogden as a domiciled foreigner Mr.. Ly-
brought to the Judges attention oversight Of
his in ignoring all reference to the treaty OF lls6
between the United States and Great Britain, which
was still in ftl force between the latter and the
Confederate States. The Judge therenpon stlspend-
ed the operation OF the decision ulal he would hear
further argument upon that point and fixed Satur-
day last for the argument 10 be presented. :.
Mr. Lyons accordingly addressed the court on
Saturday on this point. He said that in the twenty
first article of the treaty OF E9i agreed that
the subjects and citizens of the two nations should
not do any act of hostility violence against each
other nor accent commissions in the army Of any
country with either, enlist or attempt to
enlist. the citizens subjects of the other party
The twenty-sxth article provided that if, at any
time should take place between the two con-
tracing parties, that merchants and others OF tile
two nations residing in the dorinians of the other
should have the privilege of remaining and coutinu-
ing their trade so long as they behaved themselves
peaeeaby and committed offence against the
laws and that i'm their conduct should render
them suspected, and the respective governments
should think proper to order them to remove, term
OF twelve months from the publication Of the
order should be allowed the party to remove
Mr.. Lyons contendel this treaty was as much in
force in respect to the Confederate States ut present
it is to the United States ard that, therefore,
Mr.. Ogdcns right to stay here apparent, in the
absence of any such notice to remove the treaty
required TO be given. Mr. LYONS showed, further,
that by the fourteenth article OF the treaty the
subjects OF Great Britain are authorized to come
here and to reside here without any limitation of
time, far their national character is concerned.
ard so far AL rights dependent upon, derived
froEn that national character arc concerned. They
haze under that article, right tohire and possess
houses and warehouses for purposes OF commerce,
and generally and the treaty further guarantees to
merchants and traders on either side the most COM
pcte protection.
Mr. LYONS maintained that these rights and privi-
IaSn rafp tn m mi
foreigners, nasmuch they relate to persons who,
but for the treaty, would be domciled foreigners,
and who, notwithstanding the treaty. are to be re-
eared for some purposes, perhaps "a dOmicied for
eigners. Under this treaty, he argued that If the
| Confederate States and England were at war; the
treaty being operative III the Confederate States, two
| consequences would follow: first, that an English
man III the Confederacy could not be taken and put
into the army; and, secondly that he could not be
driven out of the country, except in the cases pro-
vided for in the treaty, and then only after twelve
months notice to quit. But the Confederate States
not at war with England, and the right having
been conceded to all Englishmcn under that treaty,
to come here and carry on their business, without
limitation as TO time, or inc,rng the risk OF being
put into the army, or forfeiting their domcil OF
origin, he asked, upon what principles Of the law o
nations, proper Interpretation Of this treaty, could
| Mr.. Ogden be forced into the army or compelled to
leave the country without the notice provided for
| Mr.. Lyons quoted from Judge Marshall TO show
that treaties held to be the supreme law of the
land, and referred to the indignant tone in which
1
| of decoying British subjects into the Federal
| army, brought to his attention by Earls Clan
| ricardo and Derby, in the House of Lords. He re-
ferred also to letter of instruction from the War De-
partment here to General Magrder in respect to the
release of French subjects who forced into the
Confederate army Texas. In the6a cases, the par
ties ordered to be released, in conformity with
the stipulations of the French and United States
| treaty. under the protection Of which they cam,
here This ard the British treaty being.co-existent
and of equal force in respect the subjects of tht
respective sovereigns here, should be held taapply
without distinction. The practice was, however, t.
| observe the stipu!ations of the treaty regards
| French subjects, bat digregards them regard
| subects of Great britain.
| Mr.. Lyons closed with a very lucid argument il
favor of the integrity OF the British treaty and
dissertation upon the conditions which alone couly
Justify the abrogati0n oi a treaty Thich he showed
by series of authorities, to be- not state o
| war between the contracting parties; nothing, in
fact but positive refusal on the part Of Of th'
| parties TO acknowledge its force and csfly out IL
| provisions in good faith
The Judge desired time to consider tho points ar
| gued by Mr.. Lyons, and required Il renewal OF Mr.
| Ogden's bail till this morning, ut which time In
| thought he would be- able to render his DECISION.