New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-10
AN IMPORTANT LAW CAsE-rHB OWNERSHIP On
REBEL GOVERNMENT COTTON
From rhe Lordou n .mss. Juiv n.

From Tbe I,ordon Tines July a.
The United STATES Of AmeTica ps Prioleav and
otisrs-This was motion behalf Of the plain.
tis suing under their corporate tile VI tho % Urted
States OF America, for injunction to sin the De.
livery TO the defendants, Pro.e AID Others who hold
the bills Of acng OF certain baes Of cotton shipped bv
tie Aine from Texas in the frst instance end recent
IL arrived at Liverpool from Havana The motion
alec sought to restrain The defendants nom
obtaining possession of parting with the cotton, and
from negotiating parting with the bills CT adiny
thereof and generally from dealing. With the cotton
otherwise than under the direction OF the pantf the
United States Of America.
TIE case was one Of great pubc interest. and raised
the following most important question, VIZ whether
the uIited states oyenmens IN resumng hnsir au
property IN specie O. those States. wherever found.
without regard to any agreements entered INTO by eth
zcns OF this country white dc rto Confederate Tow
ernl1ent, rights acquired in spec Of such property:
The bill. after stating the rebellion against tho United
States Government and the usurpaticn OF the authority
of the plaintiffs by divers persons forming themselves
into pretey led Government under the style Of the
Government Of the Confederate States" stated that
such pretended Government, under their surped au.
thorty, possessed themselves Of moneys goods ana
treasure which were part Of the public property OF the
plaintiffs, and employed them IN aid OF the Rebel
lou. Such pretended Government some time since
caused large quantity Of cotton which had been
acquired in exercise Of their usurped authority u be
shipped from Texas TO Havana with view
70 e. being shipped a the 70 arc s9S
merit Among other shipments and that which formed
the subjectm after OF this suit was ole OF no baes OK
lcOftfn
Alnc sailed under English oolors from Havana
with this cargo Of cotton which was consigned to tie
defendants Proleau and Others who carry on business
at Liverpool az - Fraser, Trenholm = Co. The snip
which was consigned to the defendants. Messrs. NAL
comson has arrived a. In LerpOos an tow
that the Rebellion being Ut an end, and the so
called Confederate Government dissolved oil TIE JOINT
or public property Of tie persons constituting such pre-
tend,d Government dncludng the cotton shipped ~
the Ane had been expressly ceded TO the nla stfs.
and that The cotton thus consigned to Fraser Trenholm
Co.. was now the absolute property Of The piaiats,
and ought be delivered up to them Notice bad been
served nv the United States Consul at Liverpool upon
Fraser Trenholm Co.. requiring them not TO part or
deal with the cotton without the consent OF the plain
and Of the ship. refused, however to deliver up the
co. on to the plaintiffs. and in par
tieular the defendant Poleau claimed to be entitled
Herrera and Co.. his agents at Havana, under
arrangement with tue dc facto Confederate Govern
ment before the submission OF Kirby Smith 70 the
Feder-s The shipment Of this cotton formed one OF q
long series OF transactions between Proeau and the
Confederate Government under which be had incurred
very heavy liabilities Ito the extent OF &21O and 70
the realization OF this cotton lie looked alone for sats-
faction of those liabilities. Under t-ese circumstances
the bill fled, and the plaintiffs now moved for an
Tne Attorney General. Mr.. GifIa.d @ c.. and Mr..
bruce appeared for the plaintiffs In support OF the
motion, aud contended that the Confederate Govern
meut being in the position OF Robeis and mere wrong
doors had 10 power into any contract wbich
could give tie defendants. who had ful notice OF tho
rights OF the United States and Of the Rebecn OF the
Confederates any right as against the plaintiffs, inc
Mr.. Rot, g. c., Mr. W. NJ. James O. C., Mr.. G.
Miward g. and MI Charles Asn on behalf o. me
were entitled stand for the purposes OF this suit In
the position Of the Confederate Government ard IN no
higher position II tsey e!aInea as s,a,e p,Opepfy
could only obtain it on the terms OF satisfying AL en'
gag ments made in respect OF 1t by their
Inc Confederate Government with such British sub
ees 1t was inceed. most starting and unheard-of
proposition that Government Which succeeded in con-
luering and displacing de Jdcto Goveiament could
this county obtain the assistance Of the courts OF
this country wrest it from British subjects who haB
cred into fair legal contract with the de aeto Gov
eminent and acted the faith of -nci contract. No
SUCH light lad ever been asserted by the Bourbon
Government after. the fall Of Napoleon and the
termination Of the Hundred Days or even
by the King OF The Two Sicilles after tho
deposition Of Murat. Further than this, u bsd been
recently laid down by Lord Chancellor esteury, in
ere Chavasse," that there was nothing Illegal in
bloc ade running Persona might take thef chance.
and run the blockade If they coulL II caught they
must bear the consequence but II they succeeded IN
when II this country stood upon the same loot
ing rs il it had been consigned In the ordinary nercah
tile course at all events, it was new doc!rine ato-
geer that this Court ought to assist the bioekedn0
Powers, and help them u confscae IN this country
property which they not active or strong enough
to stop in the &C, OF running tne mocksae no &C
600 and the Court ought not 20 interfere uness the
existence Of such lien regatived by the evidence
Mr.. Osborne. QC, Mr.. W. T. Robinson, and Mr..
North appeared for the other defendants MI Gfard'
| &C, replied. 49, 49, ,..,
the hight Of the United States to this eottonhe had
no DOUBT though whether or not tho plaintiffs must
take IL subject the agreement between the Dc Jaco
Government and Mr.. Proleau was more serious ques
ton The cotton in question admittedly the resule
Of funds which had been raised ~ the DC 9cto overh
meat OF the Southern States BY taxation or TIE pnr
pose of carving on the war against the northern
States IL WAS not the property Of any individual state
Of America If it had beel the reculisr Sonsutu,ion
Of United States in this respec might nave eo 70
various difficult end complicated questions. but tne
money with which that cotton was pGrchased wac ev@
in more than State, aud was TIE properly o. nv
Government Of the reyolted Confederation. NoW, tnas
Government was not q mere band of maranders.
plunderng n country and living upon the piunder'
| but an actual and de Jaeto Government, exer-
csing authority and as sucn recesaug n;u,,ao1
This de facto Government laving been displaced:
the Government OF the United States which ha1
restored its authority over the seeding states stoed
exactly in the position Of those wto nae acquired the
cotton by the taxation Of the subjects OF the several
States formerly the Confederate State, but now M
douo.edly under the control OF the present plaintiffs.
were clear upon this point, viz, that when dc tdfo
has been superseded or pat en- end TO- the
dispacng Government succeeded TO all the rights of
the de Jaeio Government. But. subject TO any Mgu-
nent that might be adduced at the hearing VI the
cause he did not feel much doubt upon the second
branch of the question and the United States Govern:
men in taking this cotton must take it subject to all
agr ements made in respect OIL By the dc aefo Gov
eminent. 1t was not the case which had been sug-
gestt behalf the plaintiffs Of persons taking prop
ery from wrongdoer or trespasser with knowledge Of
the trespsss. The courts Of every country recog-
nized Dc Jaeto Government aud they could not ALLOW
the rights and contracts acquired by their subjects
with an existing Government to be dsregarded. The
displacing Government succeeded tO the property "
the displaced Government in the state IN which II was
the theory now raised by the plaintiffs was sound he
did not why they might not have fled bill for the