The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-08-18

ser, 1Tenhoun " CO., requiring them
not to part or deal With the cotton
without the consent OF the plaintiffs.
The defendants, the consignees Of the
cotton and of the ship, ru:used, how
ever, to deliver up the cottc,. to the
Plaintiffs, end il particular the de-
fendant Prloleau claimed to be cnti-
tied to the cotton. which had .bcen
consigned to his tirn by Eorcrn /
Co., his agents ut Havana, unde. al
arrangement with the d. jttrcto Confe-
derate Government before the sub
mission of Kirby Smith to the FeG.e-
rails. Inc shipment Of this cotton
formed one of q long scr.es of transac-
tons between PEolcsu and the Con-
tederAte Gov2rnnlc:.., VI der which he
had incurred Very heavy liabilities, Ito
the extent Of .120, go, and to the re-
ah.atlon OF ihis cotto;, he looked for
satisfaction If those liabilities. Under
these circumstances the Dill was sign
ed, and the plaintiff now moved foir
an injunction.
ARGUMENTS PRO and CON
Inc Acknowledgement, Mr.. Clifford
=. g., and Mr. Druce, appeared Tor
tae pl ,intitfs in support OF the motion.
and contended that the Confederate,
Government, being in the position
o. reDels and Mere, wronr-docrs. had
10 power to enter into any contract
which could give tllc defendants. who
had full notice of the right, OF tl,.
O:nted States, and Of :he rebellion Of
tac Confederatcs, CIV rights as ao;.inst
the plaintiffs, the lawful owners
at Rohl. Z. G., NJ. W. VI. James.
Z: e., MT. L. Milw;tcd, g. c.. ANA
Mr.. Charles dall, on behalf OF t...
principal defendants. coniyi.tsed thai
the plaintiffs were entitled to stand toy
the purposes oi this suit ir tn. uos;-
ton OF the Confederate Government.
and IN no higher position. III 49,,
claimed as Sta property sass cottc.l
now III the hands of :!cit,sil subjects.
they could only obtain il o.. .hc terrn.
OF G'tlslvvlnS al eMGagc!uelt& " m:t,'c ~
respect OF II by t}s&ir predecessors; t,:e'
Confederate government, with s,,ch
British subjects. It w::s. indeed, q
most startling and unheard of prrpo-
sition that u Government w.ich SIC
ceeced IN conqi.eriug and displacinr a
tie .jtttlo Government could follow IL:
property Of the displaced Ciovtrll,.. c It
INTO tn, country an; o!,lain :::lA US. ~
t.ancc Q: the coilrts OF this rountl.v 10
wrest it from British subjects. who
had entered INTO :. ian. lc.yu. contract,
watA the eAs .Ittc:o Government, and
acted OF the Hath OF such contract.
No such right had ever been ;-,icrteI
by the Bourbon Government after tac
faI o! Napoleon and til" ..,r;Ainacioa
Of the H'.adred Days, or even b. t;:n
King OF the Two Siciiies after the de-
position of Murat Further than this,
it had been recently Laid dov.n by
Lord Chancellor Wcstoury, in IL,
Chavasse, tlat there WAS nothing
illegal in blockade running. Persons
NIGH: take their chance, and rum the
blockade if they coatd. Ii caught,
they ln.,st bear tie Consequences; but
If they Succeeded III escaping from the
blockutling force, tncn tie cargo,
wb"n it came to this oo,r :rv, stood
upon the same footing u> ii it mad
been consigned in the ordinary mcG-
camille course. At all events it was
new doctrine altogether that this court
ought To assist the b!o>.:ad;ng powers,
and help them to co,iiscGIe in this
country property which they were not
active Or strong enough to stop III the
act Of running the blockade. The
defendants iaI a lien uIael the cotton
TO the extent OF $50, ,N0, and the
court ought not to interfere unless the
existence OF such Lien WIS negatived
by the evidence now ;s;iduced.
Mr.. Osborne, z. c.. Mr.. W. +.
Robinson and Mr.. North. appeared
for the other defendants; Mr.. Silitord,
=. g., replied.
DECISION OF THE CoJrEr.
The Vice Chancellor said, that upon
the first question-the right OF the
United States to this cotton-hH had
no doubt though whether or not the
plaintiffs must take it, subject to the