The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-21

Blanche 10 New Orleans, and that be had loaded gov
eminent transport hired for the purpose the sugar
the latter and ON the passage they seized
Biydenburg claimed like authority under the same
special agency and equal loyalty
Under order Of the Court the Prize Commissioners
amned several persons captured connected with The
property seized, and after the testimony taken
reported the court, order made for further
proof on the part OF both beants end claimants
ihereupon several dispositions were taken, which
considered upon the hearing OF the cause.
The found the claimants TO be engaged in legi
mate traffic, and dismissed the libel The government
appealed and the argument l. that the licenses set
the authority for the traffic by the claimants, not
licenses all for that they are not properly
authenticated being what they purpor 70 be- nor was
p and nv .s obansa
The license Tor 81 Marys parish, but by his own
averment the Whole transaction was In g. Martins
parish Nor there any proof OF ownership nor evi-
dence that the sugar purchased from loyal persons
II appears 70 have come from the indefinite
interior, and 70 have been laden with view
Of probable hossilities In Weeds case the permit
of date states the quantity TO be thousand bogs
heads Of and i've hundred barrels OF noasses and
that OF another date rcvefses the figures The permits
thorize purchase only within our military lines while
the property purchased mostly within the enemys
country during express truce The truce was mutual
and respected % both Sides and the adverse military
parties trusted themselves implicitly in each others
power The flag was up on both sides 1t was asked BY
the rebes and conceded nv the captain in command,
who, by raising the flag estopped himself and his side
from DENYING the competent military character OF Vim
cent and his The Of war, in this sacred ex
ccpon apply with equal dignity whatever the numbers
who engage Tor H. The entire Confederate army had u
suddenly appeared must have sustained this act OF Vim
cent on their part until the could lawfully be ter
minated. 80, The other hand, would II have been
with the federal Both beicerents bound by
the powers Of The license was really, therefore,
exclusively that 81 the enemy, because the will OF the
federal commander and the license controlled
by the enemy. The rebels expressly forbade
the transaction, excepting under iiag OF truce II
could not have been carried without making booty Of
the property by military capture, else receiving them
by the sule authority Of the challenging force, upon
such conditions as they found profitable satisfactory
| IL was trading with the enemy in arms. Unless the
license claimed was license TO bargain in hostile
camp-thongh its terms restricted IL 70 the military
lines Of the United Sates-h Is clear that have
been totally imperative But the alleged license itself
was not there any other evidence concerning u.
Licenses to be strictly construed; and the rule
against constructive licenses probably the
principle known 20 the law. Even where the license
deceived by the Of the capors persuasive
equity could not relieve him. THE Charlotte, Dod-
son. 3s7, 393.) The party who uses a license Ten
cages not only for fair interpretations but for
curaie Interpretation Of the permit" lord Stowen,
the Cosmopolite. 40, Rob. 49, The claimant prize
court IL an actor and must make out his lThe
Amiable Isabella, Wheat ~ The claimants COM
bat the positions OF the governments given above,
asserting their and the validity Of their per-
mits. Mr. Stanbery and Mr. Ashton for United Ststes
Titan j. Coney for claimants.