The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-06
The American Rebellion.

The American Rebellion.
CROSS SUIT AGAINST THE PRESIDENT OF THE
UNITED sTATEs-CoNFIsCATED COTTON.
In London Vice-Chancellor Wood had before
him. on the 23d, the case OF Prioleau versus The
President of the United States. This IS cross
bill which has been filed by the plaintiffs for
discovery with reference to the suit which the
President of the United States has insti
tuted against them for the recovery of
an immense consignment of cotton which
had been made to them by the Con-
federate Government for the purpose of sale,
and which had been contributed to that Govern
ment by the inhabitants of the Southern States
to aid them in carrying on war against the
United States Government. A motion was now
made on behalf of the plaintiffs in this cross
bill to the effect that service OF such bill and
certain interrogatories upon the solicitors who
appeared for the President of the United States
in the suit instituted by him against the PLAIN
tifls should be substituted for service on him.
The Vice Chancellor granted the application.
SUIT ABOUT BLOCKADE RUNNING.
From the London Times, March %.
An action of "count, reckoning, and pay
mentn has been raised in the Court OF Sessions
in Scotland by Mr.. Nelson Clements, some time
OF Texas, and now residing in London, against
Mr.. John Macauley, merchant, now or lately
residing in New Orleans. In 1862 the parties
along with several other persons, entered into a
joint adventure, the purpose OF which was to
convey cotton from Texas TO the West Indies,
and to carry back munitions OF war for the Con-
federate Government. The ship General RuSk
was chartered and made one or two voyages;
but it was finally captured by the Federal
cruisers. 1t is admitted that some profit was
made OF the adventure, and the defender, who
was the manager OF 1t, IS sued by Mr.. Clements
for the share acCruing to him. jurisdiction was
founded in Scotland by the arrestment OF pro-
perty belonging to the defender there, and it is
not disputed that 1t was sufficiently laid.
But the defender sets up the plea of forum
non competens and he further pleads the ille-
gality OF the transaction. He urges that Sin
respect that the JOINT adventure in question was
undertaken by citizens OF the United States OF
America, for the purpose, inter ALA, of furnish
ing supplies and munitions OF war to be en-
ployed by citizens OF the said States against
the Government thereof, the claim founded on
the said Joint adventure cannot be enforced in
the courts of this country, and the present
action should be dismissed" He also pleads
that according to the law of the State OF Texas
and of the United States of America, within
whose territory the contract founded on by the
pursuer was made, the same was and IS illegal;
and the same could not be enforced in the courts
of the said State of Texas, or in the courts at
Washington, TO which the courts of the spid
ate OF Texas are subordinate, the Court at
.shington being the Supreme Court of the
.|pited States" N
The Lord Ordinary CBarcaple), before whom
the case was first brought sustained the defense,
but the Judges OF the second division OF the
court have now unanimously altered that deci-
sion. The Lord Justice Clerk in giving his
opinion, pointed out that the transaction was
proper no locus, but was to be decided by the
right oi nations, rather than by municipal law.
1t was not stated by the defender that there was
any other court which could more competently
or conveniently take up the case, and the only
tribunal he suggested, that of Texas, was one
which, upon his own showing, had no jurisdic-
tion, seeing he had neither domicile nor estate
there. 1t was impossible not to see that the
questions raised by the other peas-which could
only be dealt with when they took up the case
on the merits-were of very embarrassing and
serious character, and they might also prove to
be extremely troublesome; but the court was
not merely to regard its own convenience.
The questions involved were OF difficult kind
to try anywhere, but relating us they did to in
ternational law, they might, he thought, be
tried by the supreme court of any country. No
doubt questions as to the illegality OF the con-
tract gave this case peculiar complexion, but
ii could not be denied that that ilegality de-
pended on fact which might be ascertained
here as well as anywhere else "That tact -
said his Lordship, 'fs whether the so-called Con-
federate States were a belligerent power, or
merely gang of rebels, and l cannot see that
that could be better inquired into in Texas than
here. If the parties are rebels the illegality OF
the contract is plain ON the public law of the
world. II they are not rebels, but belgerents,
still it is question of public law; and, there
fore, however difficult the question may be, we
aBe not entitled to sustain this plea, because ii
must never be forgotten that a court which has
jurisdiction is bound to exercise it at the suit
OF any litigant-Juder teRetT inlpdytiTe 'ltdi
cum Sullnn.
THE SALE OF THE SHENANDOAH"
From the London Times, March 29.
Mr.. C. w. Kellock, OF the firm of Kellock &
Co., offered for sale, yesterday, at Liverpool
the screw steamer Shenandoah, 790 tons, net
register known as the late famous Confederate
cruiser. She was built at Glasgow, on the com
posite principle, and has engines of one hundred
and forty horsepower. She was put up a
100000. The broker remarked that the condi
tion of sale, which required the purchaser o.
purchasers, at the time OF delivery, TO sign
certificate or declaration that the vessel haC
not been bought for any belhgerent or warlikC
purpose, or Ior any belligerent nation, was no
intended to prevent the purchase by a subec
of any belligereut nation, but simply to preVen
her employment for warlike purposes. Their
was numerous attendance, and for some tim
the bidding was very spirited, She was at lengtl
knocked down to Mr.. NJ. r. Wilson for 9l5, 76O
Two and a half years ago she cost f35,0O0.
The War I'm Chilli.
ALARM OF THE sPANIARDs AT A SUPPOSED CHILIAl
PRIvATEER.
From the Gibraltar Chronicle, March H.
The arrival in this port OF a Chilian merchan
ship, with cargo of guano has put the Spanis
Guardacostas OF the neghboring coasts on tn
alert. The Spanish Consul in Gibraltar, to pre-
vent the circulation in Spain of unfounded n
mors that the Chilian ship was privateer, rt
ported her arrival and her peaceful character
his Government. The authorities of the Marin
Department has given orders for the Guardaco
tas to redouble their usual vigilance TO captuT
the Alice Ward should she leave this port, an
the commander of the steamer Isabel III
warned that the Chilian vessel may attempt I
escape by keeping close TO the African coast,
The case OF the Gillian barque affords Cur