New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-26
leo pie. denying ,h.. they were forfeited the United

States. 40 a.,u,.
about the material facts BY request and assent o. epnn.e
both sides the Conr directed verdict tor inc usa
States subject the opinion Of the Cont, on the questions o
law arising tn, conceded power and undispu'ed iacts
The question Is. shall the verde. stand or DO e' ssd'
These goods have been ordered BY Davenport Co.,
long before the commencement, OF hostie They ha7e ont
The ordinary classes Il merchandise which the firm has
long dealt ard there ia the nom which an fer
BE- drawn that they were Intended Tor
ra these cool. the the 9th Of August i1,l
Tho only other question 10. were they proceeding 70
Richmond In any u NE word, 1T the time oil h
ley had come By sea from China, in due OF trade
70 NeYoA, and Trough originally owned by aad
10 Edmund Davenport Go. of Richmond when the" arrived
New York, they passed under an established srrsseme
enie long before into the and custody OF Panso
Son Coz and discharged uudor the scne's order by
which III, Of the discharged. They were az
charged and placed in the public where they remained
two OF three weeks when thoy eia.i forfeited
the United states on the ground that they were proceed
ing Virginia IN violation cfthe act Of July 10, l and toe
roclama,ion Of The President IA pursuance thereof
What the anticipated evidence on this ront' The go9d'
proceeding Virginia but lying In The
public SewYork. Now in view Of the nndi'pa'ed
evidence they be sad to have been conjunction OF law
IN irand, TO Rielnondi As they not IN fact boins
nsported whether they eoDssuctvey or not
must depend tho intention ofit parties who had the %
Tr unccnr.icted proofis that the Newyork firm whose
duty vast tsse the care -nd custody OF these aooas mere
l not intend that they shoud proceed Richmond bat
the other hand hey intended rcrn the goods subject to
Toe order Of Drvsupot Co. The latter were heavily IN
dbtei them, sud their interest strongly IN favor Of re-
Il
sr,sdy long ime Lad been blockaded by the United
states, and there is nothing in the which throws the
Suspicion the yaty OF Psxsons Son Co or
which the Court to infer that they were intend
Ing ship these goods to Virgnia violation oil the
he statute and tine presd.nt's prociamstion-
The pu.d cvdrnc. eoncluvely shows That soch was
their intention heD resting In ia. storehous"
York subject 10 the control OF there except tue
authorities Custom House and PsI.ons Son Co.. wef'
by Any amendment Of either either In Tact OF cop'ue
lively, preceding 10 Richmond.
On the other hand. what their sdfu', % lar a.
Davenport Co. concernrdl On the IJh oil hususp
zee days rIor 10 the procamaon Of the ffesiden paSrn
uOn executed and sent forward the assignment r
sreely referred to- directing Parsons Son Co. TO no'd es
IA ohs8s N the debt due IN. Attri Ho
The former n for siysncc. 1rn- this paper Old not rrach
Pason Son CO.. did roach the Custom House authon'
s and they had IN tor hands bon they seized me teas
bic docin.n whether valid assignment OF bo clearly
r tu the presuI ptou o any intention on tie part OF pssr
port CO. 70 have these teas proceed W hchDcho.
IN the contrary It Is the most coz.nt evidence oil tbf
s'ention 30 hat ihY .honid not rsssway 70
aud applied in he discharge OF the debt due their Newi OH
correspondents These goods then were neither ib % nor
eoustIotyey through the inteBaDent OF any party PRO
,eoapz NchBsnd law Of Congress OF any W ea
,ion 4 ITrsd.nt They were both by orr x
ca and Paieous Son Co. Intended 70 ain Ia New ofk
Tho order from former ,s, Ell made befor. the
PROCLAMATION introducing commercial n;econTs' between me
Two seeions snd lawfully made and the antnis.on of
u By mai Oheiwise cOnayened sstuse or Ifoclane
ton hsy NOR. q IA act which Davenport 90. were
In dlty bound pIofm both 10 Prevent an birlcttn NJ
Nv AMI 10 pro eel tE.ir New okerdtofs and terr
u the statute PROCLAMATION upon which this prcseenon
follows fr, these views that the verde. inst be set
aside All y The ite should b. dismissed