The national Republican., 1867-04-16
THE COURTS.
suPRExr CoURr OF THE UsrrEp srArEs..

oVPREhE CoURr OF THE UNITED STArEs.-
MONDAY, April 10, 1867.
X; ~: Carpenter, ESQ, Of Kentucky, was Rd.
mitted an attorney and counsellor Of this court.
NO. Ia, Robert II. Pearson, appellant, W l..
Shafies 7. Dusne. Appeal from the Circuit,
oourt Of the United States for the Northern Dis.
t,ict o. California Mr.. Justice Davis delivered
tne opinion OF the court, modifying the decree
of the said circuit court In this cause 20 that the
damages be reduced 10 afty dollars, and remand.
ing this cause 10 the Circuit Court Of the Unit cd
state. for the District Of California with direc.
tions 70 enter decree In favor Of tho appellee
,or IN nat smouns each party 10 pay his own costs
No. ilO. I.,.ss Of Rober, M. crOruii plain.
IN In error, VI John M. shsrrsrd In error 10
the Circuit Court Of the United States for the
District OF New jersey. Mr.. Justice Swayns
delivered the opinion Of the court, Affirming the
judgmsnt Of the said circuit cOurt In this cause,
/ with costs.
No. 81. AIeiis saulst, widow, 40, plaintiff In
error, vs.. RsEin d. Shepherd In error 10 the
Circuit Court Of the United States for the East
ern District OF Louisiana. Mr.. Justice Grier
delivered the opinion Of the court, affirming the
Judgment Of the said circuit court In this cause
i with costs. .....,.
No. 70 Tho steamer Psterhoff, her tackle, 40,
appellant, vs. The United States Appeal from
the District Court Of the United States for
the Southern District Of New York. Mr.. Chief
Justice Chase delivered the opinion Of the court
reversing the decree OF the said district court In
this cause, and remanding the cause to the said
district court, with directions 10 enter . decree
In conformity 70 the opinion Of this court.
The State Of Mississippi, complainant, vs.
Andrew johnson, President Of the United States,
et al. On confederation OF the motion Of Mr..
Sharkey for leave 10 hle . bill In this case, and
Of the arguments Of counsel thereon had, II Is
now here ordered BY the court that the said mo.
! l H.. L. a.l - L. L.. al
The State Of Georgia, complainant, vs.. Edwin
M. Stanton, Ulysses 8. Grant and John Pope.
Ordered by the court, on motion Of Mr. 0'Connor,
| Of counsel for the complainant, that leave be
granted the complainant TO hle bill In this cause,
and that the clerk issue process rs prayed for.
ORDER OF COURT.
The Chief Justice announced that next Friday
being Good Friday the court would adjourn on
Thursday till Monday next, and that motions
for Friday Of this week will be heard on Thurs.
day.
|, No. $40. William F. o'Noil, plaintiff in error
VS.. John Kirkpatrick. Tho argument Of thii
cause was commenced by Mr.. Bolts, Of oounse
for the plaintiff in erro-, and continued by Mr.
Cole, Of counsel for the defendant in error.
Adjourned until tomorrow at IL o'clock.
Charley Duane and the California VigiLane
CommittSs-The duty Of Common Carn0S-IA
Measure Of Ddmdge-ROberf II. PearJ0n appel.
iant o.. Charles p. Duans.-The defendant here
,
cisco by tho Vigilance Committee, being forcibly
put on board steamer and compelled TO leav,
with II. He went as far rs Acapulco where b,
landed, determined 10 return.
Tho next return steamer was tho John d
Stephens, Of which the appellant was master
70 Upon her halting at Acapulco, Duane went OF
board, and was not disturbed until the steamer
had sailed. He had no money, but Judge Nc.
Allister, Of California, offered to pay his fare
rendering the money therefor, which was refused
the fact having come to Captain Pearson's know
ledge that he was on board. Duane conducted
himself properly while on board the John S
Stephens, but was put on board the Louisa, I
y ship bound for Panama, which was the first yes
sci spoken. The reasons alleged for the act b.
, Captain Pearson were that DuaDe's life was II
J, danger II he rqturned to San Francisco, and b,
was an improper character. Such was the do.
fence to the action.
The trial below resulted in verdict for Duan,
for 81, 900.
The court now hold, first, that common car
riers are bound to take all passengers Of goot
character who present themselves and pay theil
. fare, and that fare being rendered, Is payment
second, that although they have the right TO 70
: fuse to carry persons Of notoriousy bad or tur
bulent character. still II such persons wer,
allowed to come on board and remain until III,
sailing Of the ship, as In this case, II was ther
too late to refuse them PASSAGE third, although
the motive Of Pearson in putting Duane of hi
vessel was humane one, II was no legal justif
cation Of theacti fourth, the damages recovered
below were excessive. Tho difficulty Duane hai
in getting from Panama TO Now York or olse
had nothing 70 do with this action. There wa
no right 10 recover for such cause and all tn,
facts considered the sum Of $50 would compen.
sate Duane for all actual damage suffered Ii
consequence Of the act Of Pearson. The cas-,
was, therefore, remanded, with Instructions L
...la r.. a Nk.N IA L.
ordered that each party pay his own costs hore
DeeiSiOn On the Case Of The Peteyhof-- Tier
tcdS no legal Blockade efhs Rio Grands-O Ords
Of freJtoration-1he Peterhef Her Tackle, DC.
appellant Us. the United StdteS-Mr. Chief Jus
tice Chase read the opinion Of tho Court in thi
case, restoring ship and SO much ofthe cargo 4
Is not coutraband Of war, except such portions o
the cargo, not cOntraband, as belongs to tn
owners Of the contraband portions.
The Court are Of tho opinion that the yoyag
Of the Peterhof was not simulated, and tha
neither ship nor cargo were destined to the block
q AIDED coast.
d 1t Is promised that In accordance with the Dec
laration Of Paris, in 1856, no paper or construS
d tive blockade is allowed by International laws.
l 1t 10 then held that trade between London an
" Matamoras, even with intent 10 supply, froI
'l Matamoras, goods to Texas, violated no bloch
= ade, and cannot be declared unlawful and thi
q because the mouth Of tho Rio Grande was 70
1
the purposes Of navigation, was altogether n
much Mexico as American.
Tho proclamation of the President, Of Fsbru
ary IS, 1854, to the effect that the port Of Browns
vile had been blockadod, does not affect tn
question, nor change the result Nor In tho ab
senee Of an express declaration by the proper
authority, will II be said that II was tho inten
/; , tiOn Of the Government to blockade the Ri
. Grande.
The general doctrines of international law lea,
irosiatably to the conclusion that neutral tra(
To or from blockaded country by inland navi
cation or transportation Is lawful. It Is. there
, fore, impossible to hold that inland trade from
Matamoras, in Mexico to Brownsville or Calves
4 ton, in Texas, or from Brownsville or Galveston
\ to Matamoras, was affected by the blockade 0
: the Texan coast.
UNITED STATES CoURT OF CLAIMS
MONDAY, April l5, 1857.
s On motion Of Mr.. Norton, the Solicitor, Samue
]. Classy, Esq, and on motion Of Mr.. Wills
Harvey s. Brown, Esq, Of San Francisco wer
admitted attorneys and counsellors Of this court
Charlotte d. Crocker Ss. The United States
Chas D. Gilmore vs.. The United States; OweI
: A. Basset vs.. The United States. These cause
wero submitted on demurrer and on the printed
briefs by Mr.. Weed, tho Assistant Solicitor, fc
the United States, and by Mr.. Chapman for th,
: claimants.