The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-08-21
The Old New York steams1atp Line.
The New York Times of the 18th instant, in 81


The New York Times of the 18th instant, in an
article copied below, mentions law suit which le
Of large peouniary interest to some OF our fellow
citizens. These gentlemen were large stock
holders in the steamships Columbia, Nashvalte,
Juaaes Adger, John p. King and Marion, several
of which were in the employ of the United States
Government during the war, under charter from
Messrs. SpoFFoRD, TILEsToN & Co., the New York
Agents, and in which service the ships made
large sums of money. The stockholders here
claim settlement which will give them their just
share Of such earnings, and which in few cases
will no doubt amount to a fine fortune, if recov-
cred.
L1TIaATIoNs ARISING OUT OF THE REBELLION,
The case Of Wintringham us Adger, which was
before the Supreme Court few days since is an
arisen out OF the rebellion and which will OCCUPY
the attention and time of the courts over the
whole land to a very great degree. As near as we
can gather from the facts stated in the afidavits
in the case, which came up on motion to open
Judgments entered Eve years ago, the case was
substantially as follows: Previous to the rebellion
there was valuable line of steamers running be-
tween this city and Charleston, part OF the owners
residing at each end OF the route. When the Con-.
fscation ACT began to be enforced here as mat
ter of course the owners here were brought to ask
what they should do in reference to the vessels.
n they did nothing, the interests belonging to the
Southern owners would be seized by the Govern
ment and confecated, proceeding which would
not only take away the property from their asso-
ciates, for whom they naturally still felt friendly
interest, but would be an injury to themselves by
the tying up of the vessels while the confscation
proceedings were going on. Doubtless, ii they
had then known what was to be the course of the
war and Of matters at the close of it, they would
have deemed it wiser not to attempt to avoid the
Conhscation Act at ALL but to allow the Govern
ment to secure all the aid which the seizure Of
those interests would have afforded But as mat
ters then looked; they determined upon different
course.
Tho idea suggested itself Of having the inter-
for email sum. For this purpose thore must be
& suit and suit against all the owners was the
best shape to put it in This was an easy thing
to put on foot.
plies, and it was q very simple matter to have
some party who had furnished such supplies COM
mence suit against all the owners to recover the
price, No sooner said than done. Suits were
commenced and the summonses served on the
owners here, who Immediately, by virtue Of their
authority as part owners employed an attorney
to represent all the owners and offered judgment
for the amounts claimed, and on executions issued
upon these judgments the various steamships
we're sold for less than $4,000 each (some arrange
ment being made, Of course, to keep off other
transferred by them to the Northern owner g.
So far the plan worked well. The interests Of
the Southern owners being thus disposed OF,
there was no oonfscation or tying up OF the yes
ses and they were n position to take their share
enjoyed BY steamers during the war in the Gov
eminent service. But now comes up another as
peot of Che affair. The rebellion being over, and
the Southern owners being thoroughly recon-
struoted and having their pardons In their pock..
cts, naturally begin to inquire what became Of
their interests in these vessels, and finding that
they were not confscated, but had passed into
the hands Of their co owners in this manner, they
raise objections to this mode OF proceeding, want
their interests handed over to them again, and,
ed by the vessels while in the service Of the Gov
ernment to help put down the rebellion. And as
the parties cannot agree about this, the Southern
owners apply to the courts and ask to have the
judgments set aside Whether they can succeed
In doing this remains to be seen. That applica-
part owner OF q ship to retain an attorney for all
the owners, Of the power Of the court to open q
Judgment after the lapse Of five years. and whether
the court will, in its discretion, open q judgment,
which appears to have been given for no more
than was actually due, and to he regular in form y
Judgment. twill be interesting to see what con-
cusion the courts come to upon these questions
But that conclusion can hardly be decisive of the
controversy, which must, If it be contested to the
end, bring up in some way for decision by Court
Of Equity the question what were the rights and
in which they we're placed and what are their
rights and duties now And il the court shall
hold that the sale did not effect the interests of
the owners as among themselves, but that the
purchase of the vessels by one was for the benefit
Of all, and that the fact that the claimants were
rebels at the time does not alter the oase we do
not see but they will be entitled to share in the
profits of the vessels in aiding to suppress the re-
belon.
AS we said in the beginning, this is but one in
stance of the varied litigations which must arise
out of the rebellion. The relations between the
North and the South were 80 intimate and COM
plioated, and the condition Of things during the
rebellion so anomalous, and the effect of the
rebellion, and OF what has transpired since its
suppression 80 doubtful, that the minds Of law.
yers and judges are sure to be harassed with new
and intricate questions arising out OF them for
years.
The Bureau In Texas.
r.. 4o1