New-York tribune., 1868-04-01
THE COURTS.
THE CIVIL COURTS.

In the United States District Court, yester-
day the following property was condemned ~ DE DEFAULT a
enteenthst; 10 bbs. distilled spirits. found IN Newt;
quantity Of distilled spirits &c. found az N94Sa west
tanning lG0 ID OF opium; one case markeu anu anu WV
bottles Of bay oil two cases marked . n, " II4 ana ana
one case marked M, H." containing raw meefsehaun
three bales marked a. l." containing linens .Ferdi-
nand L. Hansen and others owners OF the russian baIk
AuRuse Louise brought suit to recover $4,000 damages
for collision between their vessel and the British
steamship Louisiana e latter e vesee ran SS Sps S cargo @
tual accusations OF negligence are made Deesion re-
served.
In the Superior Court, in the case Of Leavitt
agt Dabney Judge Mcneil has decided that the state
courts cannot control property belonging to foreign
government in the hands Of bankers here Bonds were
before issue to be couner gned by Messrs Dabney Nor
gan Co.. the defendants in this suit The plaintiffs pur-
plant that they assured by the defendants that the
bonds were valid that the defendants then had
JapnaTy. rS, sS iSss. but that the defendants had
since said they would not pay that interest.
on 10 prevent the defendants from dposng Of the geld
in their hands, and moved for the connuApce OF the
affidavit that they had been notified by the Per-
Minister not to pay the interest on the ground tnat te
bonds had unlawfully issued by Mr. Mlhau Win
authority aud that the gold In Their hands was he
money OF the Peruvian Government on these iaeLs,
Judge Mcneil holds that the representations SET out o
the plaintiffs are sufficient 10 establish any personal
liability In the defendants. and that the courts having no
jurisdiction over foreign governments and that az e4uy
the plaintiffs have remedy against the defendants he
therefore dissolyes the injunction.
In the United States Supreme Court, the
case OF the steamer Gen. Beaurcgard ag Tie United
States up appeal from the Circuit court TOT
the Eastern District OF louisiana TINS vessel claimed
formerly called the Bcknell and before the-0ccnpaton
OF NewOreans by the National forces ran between that
city and Camden, Arkansas, ON The Ouaclta RIVER
few days before the surrender Of NewOrears she left
that city for the Ouacbita River and did not return In
Rebel arir " from Shreveport Alexandria, the Red
River. The corn owned by the Confcderaey, ana
IaIfw~ ,A npaO =
Russey for the OF the Rebel troops there There
Is no doubt about the fact OF her being employed I'm IN
trial was. whether the use was guilty one within
the intcndment Of the act. The Court below
answered this question in the affirmative, and the de-
cree was accordingly. The claimant appeals TO THIS
this Court nrgng that there was error below ana SHOWS
Capt Carroll could not have opposed the employment Oh
the boat by the Confederate auth0rtes u ne nad Deei
the trans Mississippi Department ordered her 10 shreN
port when Gen Kirby smith declared inartal iaT' ana
that even the testimony OF the Government there
no consent shown on the part OF tue owner 10 he
QuarermasteTs Clerk, on board OK the vessel ana IN
charge OF her, that when the Captain refused service
being shown, IL Is claimed the decreesshould Do
referred. The Government submits that TINS evidence
full and particular information IA regard 10 te ccu
stances under witch the alleged military power ana con,
IL will udically say that the owner Is not guy OF
violation Of the act The vessel remained IN ihe Ouachla
River after the recovery OF New Orleans and her owner
made no effort escape with her from the Rebel country
Nor Is IL shown that he offered any resistance 10 the Con
federae authorities and the presumption that he was
wiling 10 hire his boat thus II better emplOyment was
not obtanable elsewhere. 10 s not sufficient 10 show -
conended that he refused 10 hire bis boat she might
have been would probably have been Impressed, or
taken fOrcby into the Rebel service. II must be shown
clearly either that the boat compelled TO run IN the
service under actual threat Of personal violence or that
forcbe possession was taken O the vessel and that she
was thus employed In the hostile service against the viii
and OF the II Is further claimed that her
change OF name and other proofs concerning her owner
doltsn trglu ~
OF the Rebel Government during the time sle remained
ia tine iebcl region.