The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-06

OF it. IL sued by Mr. Clements for the share accru-
ing 10 him. Jurisdicton was founded In Scotland by
the arestment Of property belonging to the defender
there, and it is not disputed that II Vas SUM-
cienty laid But tho defender sets up tho pIoa OF forum
coBpe and he further pleads the illegality 0 tho
Transaction. He urges that Sin that the Joint ad
venture In question undertaken by citizens OF the
United States Of America, for the purpose did Of
furnishing supplies and munitions OF war to DO employed
by citizens OF the sad States against the government
thereof tho 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 tho
contract founded by the pursuer made the same
und is Illegal and the same could not be enforced
the courts Of the said State Of Texas or In the courts at
Washington, to which the courts Of the said State OF
Texas subordinate, the court M Washington be-
ing tho Supreme Court of the United states." Tho
was nrst brought sustained the defence, but the
Judges OF the Second Division Of the court have
unanimously altered that decision The Lord Justice
Clerk In giving his opinion po nted ont that the ransac
ton which, though entered upon in Texas had
properly c but was to be decided by the right OF
by The defender that there was any other court which
could more competcntly or conveniently take up the
case and the only tribunal he sg csted that OF Texas
one which, upon his showing had no jurisdlc.
ton seeing he had neither domicle estate there IL
wa impossible not TO see that tho questions raised by
the other plcas-wch could only be dealt with when
they took up the casc the mers-wore Of very EN-
barrassng aud serious character and they might also
not merely to regard It's convenience. The qucs-
tons involved were Of difficult kind 10 try any
where but relating they did 10 International law they
might he thought be tried by tie supreme court OF any
country. No doubt questions rs to the legaly OF the
contract gave this peculiar complexion, but II
could not DO denied that that lille ,ay depended on
fact which mieht be ascerta ned here well as any
where else 'Ihat ia t. said hs Lordship sis whether
the ocaed G, nfodcrate States bciGeren, pueT,
or merely gang rebels and Tccanot tathot pd
B.. Letter inquired mo ferdS than here III the parties
rebels tho llcgay OF the contract Il plain the
public law of the world i they not rebels but
begercnta stiil II is question Of public law; and,
therefore, however difficult the question may he, We are
moi entitled to stan this plea, because i must never
be forgotten that court which has Jurisdiction s bound
to exercise IL at the suit Of any ,gant-Judcr tnctW
insparire jadicstim suun.
TUE SALE OF THE suESANDoAU.
tFron the London Times, March p
Mr.. G. W. Keock, OF the Arm of keliock Co., offered
for sale yesterday at Liverpool the screw steamer
Shcnandnah, 100 tons net register known the late
famous Confederate She built at Glasgow,
on the composite principle, and has engines nl ono
hundred and fsrty horse power. Shc was put up at
10000 The broker remarked that the condition OF sale
which required the purchaser purchasers at the time
OF delivery 10 r'gn certificate declnra ION that the
vessel had no, been bought for any belligerent or
warkc purpose, for any bel'igcrcnt na;ion,
not intended to prevent the purchase by subject OF
any bslgerent nation but simply 70 prevent her EN-
peymcn for wariike purposes. rhcro was Il numcrous
attendance. amt fur some time tho bidding was very
sp rted Sho was st length knocked down 70 Nr. w. H.
Wilson for fl5, 100. Two and half yoara ago she cost
$4,000