New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-03
THE GREAT. POSTAGE STAMP CASE IN
CANADA.

RIGHTS OF THE UNITED STATES IN BRITISH COUNTS
HOW THE REBEL PIRATES DIVIDED THEIR
BooTY-ANoTHER BRITISH NEUTRAL FOOLED hY
THE REDEIS--INTEREsTING POINTS OF NIEkSA-
TONAL LAW.
Prom Our Special CouospOadent
WASHINGTON. June 30, 1857.
The famous postage stamp case,' now pending an
Toronto C. w. has been specifically and incorrectly
remarked In several newspapers and is so interesting not
oniv IN LAWYERS but TO the general reader that propose
IN give Won full report OF It, together with synopsis OF
the ponts raised Oh both sides The title OF the case 49,
limited States agt Boyd Arthurs Wood, and 1t involves
the same class Of questions now under consideration In
the cotton cases pending in England against Trenholm
Frazer Co.. and Prioeau & Co. These questions are Of
tho international and political Importance and
che decision OF them will exercise vast influence over
the future Of the political and commercial world In the
first Mace the status and character OF the late COnfed
eracyare TO be infinitely described and strictly defined
whether 1t was q Government de Jure Government de
faeo or no Government at ALL and curousy enough this
complicated question to be decided In the Courts Of the
nation which was It's most determined and powerful ally
and to be decided under conditions precisely opposite
to those under which the moral support and the substan
tia aid OF the British nation rendered TO the slave
holders rebellion Then, the prevailing feeling was ha
tired Of democracy faith IN the proSayey rebellion and
hope of its Now, the people filled with
dsinay at the glorious triumph OF freedom and tacty
confess to wholesome fear OF the most powerful poo
pie on the face OF the earth 1t is useless to pretend that
law courts will Influenced by the changes in public
opinion, by public events All history proves the con
trary Every one acquainted with prize law knows that
British Conrts Of Admiralty have varied their decisions
stances; always going hand in hand with the
executive branch OF the Government by egalzng their
system OF laying hold OF and claiming everything within
the reach of British hands, while denying the application
of the same legal principles to cases in which other ma
lions Interested Now, however, these questions
will he considered not much by the light Of British In
tcrests alone, but with view TO the rights aud the posi-
Britain especially on the sea. late decision of the
ViceChanceor, made in tho Prlooau case was OF much
significance in tins connection. He ruled that the United
States must answer whether or not IL considered the
Confederate states a Government ds laeo exercising
control the State of Texas, whether the Rebels
were merely body OF armed resisting the authority
Of the United States The United states claimed that the
Court had right TO into this question: but the Chan
cellOr decided otherwise and II would not be surprising
if our Government should appeal from this ruling He
evidently the United states TO be implicated in
decision against itself and To take part Of the rcspOnsi
bty from his shoulders. Tho decision of ChiefJustice
ground and holds that the United states treated
the people of the Confederate States as other than Rebels
as government dc fdeo II is to be hoped that these
nice and unprecedented questions VIII fully discussed;
for, when finally settled by British Court Of Chancery.
between such parties and under such circumstances the
precedent will probably stand for long tine especially
the liberal spirit OF the age Whoever imagined that tho
status Of the Conederacy would come up to be decided
after its DEATH by the British Court or that the anti
Slavery agitation should have for one OF it's results the
settlement of long vexed questions OF maritime aud prize
hereafter and proceed now To this case
THE CASE
are briefly as follows In July. 1884, United States post
age stamps, TO the amount Of $40 100 were captured from
tho mail steamer Electric Spark by the Rebel cruiser
Florida They taken possession OF by Richard Tay-
lor the purser OF the Florida who is President OF
National Bank Norfolk, Va. and in September. 1865,
mission merchant OF Liverpool TO Alfred Woods, OF the
same % i @ Sd over NJ b time t and
the delay and cost Of transmission 10 this country nearly
four hs Of the face value OF the stamps and first IL
seemed absurd that so arSoa price should be paid for
theIo but such appears 10 be the fact Woods sent them
TO How'd a. Arhurs. commission merchants az Toronto.
c. W. who consulted their bankers on the subject Of sale
The bankers elegraphed 20 their correspondents In New
rency The latter went to the NewIor POstOnicc TO
inquire aud H. X StrTetts special agent PosC ee
he had consultation win our consul, ana
bin in chancery filed, and an Injunction
procured and tho stamps In the vault OF the
Bank Of Montreal only to be removed on the order OF the
Court of ChaBcory Of Upper Canada Afer the pcadngs
were settled tse case was reierIeu 10 'ie non SaiSo
Gushing. who has the general hupeihlehuehce OF lhe
COTTON cases. and acts undera general retainer attend
10 all ia foreign countries when the United states is
party. lie prepared an elaborate report, aud iucdI-
aely proceeded TO procure the necessary evidence j. A
detailed for tins purpose ana nttcr several weeks OF d
gent search secured the requisite testimony and Wit
ton with him, Mr.. George Morphy. Solicitor for the
United States prepared The nteuogatous In May last
the testimony taken In NeW-lork and Washington.
More than twenty different WITNESSES were examined in
both places. at great length among whom were The
Hon r. H. Spinner, Treasurer and the Hon ~ Iey'ay
Third Assistant Postmaster Geucl The counsel Tor the
Government consider then case perfect, but TO
incd IN liverpool il Is scarce possible, however, that
any thug should be discovered there which Wl beheht
Inc defendant or show a good title 10 the stamps
The defendants 10 tins suit are All Echl sypatnhers
and probably agents OF the CoI'9erasy, ,,nousn
the ground that tho STAMPS Iee paid To Ia( lor DY mo
Who can prove this Is Taylor and De- declines testify,
because he is gentleman There arc moreover several
difficulties in the way OF this defense. First the Conicd
crate Government never had possession Of the STAMPS
and second 10 proved that tc salaries OF the Ocers ot
the Florida were always paid gold, and were paid reg.
Of the COnfederacy or OF any one olsa except by con
demnation In prize court and there Is no pietense OF
fnArIcAL CHARACTER OF TIE FLORIDA.
In fact the whole case The question OF lawful
prize No power nor Iaw earth could diyest the United
States al It's title 10 those stamps a"r theif capture eH
cept the decree OF prize court either IN the eneys
sumption OF lawful prize the United States opposes
several straightforward and conclusive arguments In
the first place the Florida was pirate and tho capture
OF the stamps feiOuiOus taking the tant of winch
felony followed the goods wherever they went. In
the hands Of bona de holders sho had no national dag.
there was no harbor on the face OF the globe where she
cod than % hours or submit her captures to
the adjudication Of prize court she was "anderer on
the face of the ocoana guilt skukinG thief afraid OF
her own shadow aud trusting for safety only 10 light
pair OF heels her piatcal character most amusngy
shown in the candid aud artess testimony Of two OF her
inidshlpmcn one from Maryland, aud the other from
Florida and the Joke OF the thing Is, that this test
mony WAS brought out crOss-oXainuatiOn.
The defense thought that these young men would natur
ally give their ship first class character out OF pride OF
thslf cause and hatred Of the United States The counsel
did not that the hatred Of late Rebels especially OF
those connected with the starred Confederate States
Navy is even more bitter against Great Britain than
against the United States He therefore. questioned
these young very freely and really deserves fee
iron the conpanants for the benefit lao has done 10
their cause Their testimony substantially this, that
when they captured vessel, they event through IT,
each man taking whatever trnkcs goods struck his
fancy, generally respecting Passengers baggage AMI
private property; all provisions, wincs liquors &c were
taken promiscuously, each helping himself There
was order IN depoiing ship, aud account taken
of the articles The captain and purper appropriated Ill
chronometers aud other nautical Instruments and all this
money they could lay their hands The stamps went
in this way. Nothing condemned and sold In
prize court, any DIVISION equitable otherwise,
made at any tmo OF any Of the property captured IL
was q grab gameget what you can and keep what you
get Officers paid regularly Sennen were not, nor
they allowed to so ashore with much money for