The national Republican., 1867-04-09
THE COURTS.
sUPREn CouRr OF THE UNITED STATES
MONDAY Aprii 8, 1857,

hoHDhhI hphh % ioV's
ORDER or COURT.
Ordered, That the following allotment Is made
Of the Chief Justice and Associate Justices Of
the Supreme Court Of the United States, among
the circuits agreeably 10 the act Of Congress In
such cases made and provided:
For the First circuit-Nathan Clifford, As.
sociate Justice.
For the Second clrcuit-ssmusi Nelson, As'O.
For the Third Cireuit--Robert c. arier, Asso.
olate Justice.
For the Fourth Cicuit-salmOn P. Chase,
Chief Justice.
For the Fifth Circuit James M. Wayne,
Associate Justice.
For the Sixth Circuit-Noah II. swsyne, As,
sociate Justice.
For the Seventh circuit-Dayid Davis, As.
For the Eighth circuit-samuel p. Miller,
Associate Justice.
For the Ninth circuit-stephen ]. Field, As
sociate Justice.
Tho circuits are as follows, viz:
First Circuit Maine New Hampshire, Mass.
chusetts and Rhode Island.
Second Circuit, New York, Vermont and
Connecticut.
Third Circuit, penn,ylvania, New Jersey and
Delaware.
Fourth Circuit, Maryland, West Virginia,
Virginia North Carolina and South Carolina.
Fifth Circuit, Georgia, Florida, Alabama,
Mississippi Louisiana and Tens.
Sixth Circuit, Ohio, Michigan, Kentucky and
Tennessee.
Seventh Circuit, Indiana, Illinois and Wis
consin.
Eighth Circuit. -Minnesots, Iows, Missouri
Kansas and Arkansas.
Ninth Circuit, California, Oregon and Nevada
No. 1853. William Watson, Walter Magee, e
Al anpaIlanla ya A Sail
argument Of this cause was continued by Mr.
Wallis, Of counsel for the appellee, and con
cluded by Mr.. Campbell, Of counsel for the ap
pellant.
No. $40. Joseph do Haro OF al, VS.. the United
States. The argument Of this case was com
menoed by Mr.. Dick, Of counsel for the ap
pellants.
Adjourned until to. at IL o'clock.
PTtze-The Rule as 10 PdTtnerShip IRtueS
Cargo Ua The United StdteJ.-This steamer an,
cargo, consisting Of nearly 800 bales Of oottoi
and some turpentino, were captured In July
1868, about two hundred and thirty miles from
Mobile, after brisk chase by number Of ou
naval vessels. Tho prize was brought to Ne'
Orleans and there libelled.
The only claim interposed was that Of Joshu
Bragdon, Of New Albany, Indiana, who allege
that as a member Of the firm Of Coz, Brainerd I
N0ao1
and cargo, for which interest he prayed restitu
tion. Bragdon claimed that he was a citizen Q
Indiana, and true and loyal citizen Of the Uni
ted States, and that during the year 1862 th
rebels attempted, by pretended decree, to con
6scate his interest In the co.partnership propert
| Of this firm.
Tho court below dismissed tho claim and con
demned tho vessel and cargo.
This appeal was then taken, the appellan
i cla tint his nronertv in tha yaaaaI m
cargo cannot be forfeited as enemies property
for II Is not shown either that his domicil is Q
was In the enemies country, or that tho proper
| ty was by him employed in any manner In ills
gal trade with the enemy. 1t Is not the plac
where thing Is which, In the estimation Of tn
international code, determines the nature Of Thu
thing, but the character Of the person to wb o
It belongs The domicil Of tho party is the 'tr,
test Of national character, and determinefi Il
nature of property. This doctrine is sppD cab
to civil as well as international wars, and durir
this rebellion what has constituted enemt es' 10
ritory, within the meaning Of the rule, as be,
authoritatively settled thus by this court
several cases.
The Government insist that the partnersh
was established and domiciled in the enemy
country. and that such a partner ship is by Il
law Of war, treated throughout Us hostile g
tablishment, and the whole part nershp proper
Is liable to capture and con1s cation as onen
property, notwithstanding on or more Of Il
partners may be domicilsd in n neutral countr
II, therefore, a JoTtiori, some Of the partners q
domiciled in one of the hostile countries and Il
rest in the other, the partnership Is hostile ar
the partners are also personal enemies. Vesse
have peculiar character impressed upon the
by the special nature Of their documents, ar
they have always been held to the charact
with which they are SO invested to the eIclusiC
Of any claims Of interest that persons living
neutral countries may actually have in them.
II. Crawford, s. s. Cox and ]. j. Lewis,
appellants. Henry Stanberry and ]. HubL
Ashton for United States.
CoURr IN EQUIrY.-Adams VS.. Smit
OF al. Order appointing ]. R. Barren guardiI
ad Hbltunl To Rebecca Coltman.
. McNamara vs.. Hurley ct al. Case ordered
be dismissed for want Of prosecution, with cost
Ragan vs. Ragan ct al. Order pro confes
| a1ainat II Rapan and nnnointinp John I, Vat