The national Republican., 1867-04-26
THE-CUt,KTx-

surREns CouRr % rHs Usurp srsrnll.
No. Iss. tn. MIlwssiss ~ kisss1sss & y w IN.
road :: !, oomgsny, spp'llast sz - ssssssr
No. iss. N. 7, ~ i, .yp.&sAy. n.
;ina.d By M. ~ ID 4, c.siiis Z sss.si 81
in No. 1o5, "a oSpsis d.S u he Oh q seIs.
ssl for the sppellsnts h,No. lse and for the n.
pellses In No. 1os. NrF II
Adjourp.d until tomorrow at II o'clock. =
Txs Priss g,=ThsukM ofe Mergqxr b
on tie Cends~nsd Vss,.i- TtfS SsAee9 Hss,pa
ton aud Cargo cL hs Uhiief SfdkeI Tie
-esheensr Hknpten- wss csp,ursd 4ysnn.ry 10,
1858, By thp Vnitsd staiy Potomse hotills while
she was prosecuting q voyAgs 70 ssttsrn virginia,
IRON the port yof Bsltipors. With q, cargo on
board, dsiivsrsbls h some point on the vi}kinia
shore. The schooner was owned By the msstsr,
. eitirsn OF the United States, resident In Mary.
s.%r s'r IS "i ..s.s Ss:s sa,,ss DE-
B. Brinklsy. Of Baltimore. The mortgsgor was
In possession Of the vessel and the only claim h.
terposed was By the mortgage, who intefvensd
for the protection Of his property.
Tbs single question 10, whether the mortgage
u sptiusd, nndsr the ,airoamstapss,r ehoys
nAtsd and BY the Laws Of var And aets ot Con.
grsss, TO receive restitution Of the amount Of bis
mortgages out Of the Procssds Of . sale Of the
vessel. u
The aovsrnmsnt claims that there can BE- %
doubt that the mortgage 10 to be held bound,
cenolusyely, by ,ths aots of kAs master and mora.
gagor In possession Of the vessel. II the IeeaI
title has been Transferred the mortgages must bs
subject to all the liabilities Of the owner Of o.
vessel under the Ia. Of war. and among them the
ordinary liability Of answering to the beligsrsnt
blookading power for the aots Of the master. II
the law were ethsrwiss. and thsmoftgsEss could
claim restitution Of his interest In property
guilty Of breach Of blockade, the copssqusnss
would inevitably bs that the mortgaging Of vet y
sells would become q common method OF Insult.
snoe against the psris Of biockade-runnipg and
bslligsrsnt capture.
n, II. s,n: m:I,g,sos Il pe.ss:sisn L eoss;s.v'l
the navigation Of the vessel, and The latter car.
not bs permitted to aver ignor,nes or Innocence
In regard 70 any act Of the mortgsgor affecting
belligsrsnt rights In time Of war. II the owner
in possession incur Q forfeiture Of the vessel
without the privity Of the mortgage. the mort
gagse has bis rsmsdy against ths mortgagor. Or
owner. A moftgagee out Of possession stands ID
no better position a. . claimant In Q case of
maritime capture OF an ensmy's ship or Other
property than the holder Of . bottomry bond; Or
Of bills Of exchange given for repairs; or
former owner retainihea lien for the payment Of
purchase money or . oonslgnse who has mads
advances TO the shipper Of msrchandiss. And 10
each Of these cases II has been held th-t the In
tsrest described u moi sufisisnl 10, support )
propristory claim In prize court
The claimant submits that the mortgage 10 B
Jnt IN u, and not . mere lien, and that the
claim is therefore sustained By the Law Of na-
tons. II 10 also claimed that the forfeiture was
fot breach o. muuioipel law, and was oonttolIed
By the act Of Jsly 10. 1sel.t AM municipal for
fsitures are subject TO such claim as this. But
BY the act Of March, 1853, this claim will b
paid, claimant being loyal. ub-fr.s
Mr.. stanbery and Mr. Ashton for the United
States; W. 8. Waters for claimant. -