The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-19
Fraser, Trenholm IL Co.
DECBToN IN THE Y1cE-cMANcEIIon's COURT ny

| DEcIsIoN IN THE yICE-cnANcEILon'B COURT II
! ENGLAND.
The following decision is announced in tho Lon
don Times ns having beon given in tho Vice. Chan
cellorB Court OH tho S0ih ul., in the above caso
| "Priocan Us. Tho United States OF America and
Androw Johnson" This case camo before Tho
court upon exceptions to tho answer put In by the
defendants. Tho United States Of America, to tho
which was filed for the purpose Of oLla lining dis
c3vGry ID ald o. their defenco to tho original bill
Tho original bill was fled by tho United States
ISf roI,dh inc psfp0s9 81 Eecoyerng certain bales Of
Of OF seeession to tho defondsnts, Mossrs. Prioeau
Of Fraser, Trenholm & Co., aa agents in this
| country for tho pretended government under
States, which assumed tho administration OF pub
states This bill, after stating tat tho rebellion
called Confederate government had been dis
solved, anu ceased TO exist, and that tho aoyora
! persons who had formed themselves into tho 30
pretended goYornmont and on whose account tho
cotton was shipped, had submitted to tho author
ity OF the 1oyornment OF tho United States, and
Pnbo property Of tho Pretended % de- 'GS }cs G5
government Including tho cotton in qnestton;
that suoh persons did not claim to DO entitled to
sary partos and that tho title OF the United States
70 INC cotton was complete, independently Of such
Giession, iesil and was title paramount thereto In
Go. insisted that tho United States Coyerament. .
n,Saa IN Ginning the cotton as state property Of Tho dis
only, take il subject to all rights and lisbtjes
s whom 60 nS sass
cotton had beon 'al shippaa q ,to@ .nla
tho st, State Of Texas, i now taosptdfnE
Sther eS ths seriasto aT Gs that sas Belonged
tho particular state. Thoy lad filed % a ososs Bin
against tho United statos and President johnson
Tor the PURPOSE Of obtaining discovery In aid OF
rected to tho footing on which tho Confederate
Goyernment were regarded by tho United. staies
with view to obtaining On aJmissan for tho purr
WAS dc facto government aud not mere band of
pirates and flbusters. Interrogatorics wore also
directed ns to tho state OF tho law OF tho United
that condition did not belong to tho particular
state In Which " was found, aud not TO the Federal
Union; and nggin whether money or prcpOrty con-
forming tho Federal Union for any purpose, legal
or .ias ILLEGAL; M vested in such Union.
rate answer Of which IT, will be sufcio It to staio
that the Plaintiffs in tho oross suit (Frascr & Ool
had excepted 70 it as insufficient on tho ground
noa sass s ShfssF bs WbaS Is oSsS wsS
or properly contributed by individuals as inhabfz
the federal Union for any purpose 'IeSal or iilo
gal, rested in snol fodorai uni6u {si!as 70 the
law Of ench Of tho separate sororeign staios, and
and ts), whether the United States claimed thSs
cotton as being tho SUCCESSORS OF the Confedornia
an as q HhssRSs has RS&on u % ss n
eising authority over tho State Of ToIns. Tho
fourth eTTsSpGn Was snaT s1;d in effect e the
fourth exceptions. by which tho United States woro
required 10 state their laws, which formed part of
roeatu aItbone 10 o0sitIra as e party inter:
compel q discovery Of that which related to iha
dif{ercnt footing, and must be allowed. II Was
OF tho utmost Importance to tho PLAINTIFF In
the oross-auit that they should know whether
cotton In question wcro regarded by tho United
States as q body OF mon who had Violently and
by force OF arms, exactcd contributions and
ssaa pts fo ssEs ssEshas hsap9ss pss
vas &c Jdeto1 goyGrnnont by which theao dots
81 authority Hero exercised in tho Southern
might hq illustrated by a comparison between o
dsf% GSa, GspS1sde oI,n @,Sysnss OF anarchy sue as
sssssssis ss':s tssstr S
legged Confederate government and tho State
OF Texas. This MAS a most important point for
the plaintiffs tn tho CROSS snit) TO obtain iniorma;
tion upon, ns 1t most materially Affected their DO,
siton IN respect Of tho cotton claimed In tho org-
nal suit. He might add TINT tho United Statos
In stating that Of their (State of TeIRsl pretend.
Cd quality as q government this; court hes no law,
fEl power 10 take judicial cogni aaneo nor papi t.
according to tho established laws OF England ;on.
had framed thoir answer in q mistake OF tho law,
as this cburt not only might, but must tako Judi
cial cognizanee for tho purposes Of this suit Of
not q de Jdcto government Tho third exception
would therefore, be allowed. II the second e5cep::
.lol 6At a. stood alone no FhoulH not haze been dis
bmttad all reference TO tho State OF T6ras as TO
the law rotating to bona qacantia. 6uch a special
circumstances, however, the exception would be
allowed. The result therefore, was that the first
and fourth exceptions wero oyeTglcd, and tho
socond and third allowed,F -. ;. a..
III,