The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-27

the guilt 81 the owner consenting 70 such use,
and thereby fe,.svod the property itsoli nom
u tsrc under sT ana :tue Of tho said act Of
August Q. 1861. fie second charge IN she infcr.
mation-to win that the cotton had been purchased
thence transported into some one Of the loyal states
IN violation Of Tue act or July 49, iSal-was decided
ens ysr q q Ss oaTs q se a SRsn s as
folows:-That the act last mentioned, commonly
termed the Non-Intercourse act prohibited all COM
states or parts OF STATES declared In insurrecti0D
and the rest or the United States and such CONNER
cal intercourse should be unlawful as long Gas such
condition OF hostility should continue" That the
act. ~ Us own limitation, would cease to DO ope
rative whenever the insurrectionary forces threw
oOwn their arms, surrendered to the authority OF
the United states, and their hostile demonstrations
nad ceased IL was commended on behalf OF the gov
efument that the Court could not judiciaiiy know
that hOstilllIes had ceased unless that fact had
Deen brought to It's attention by plea or motion, and
declaring But the Court being OF opinion that in
asmuch as no formal declaration was necessary in
domestic war, the courts would take judicial cog
when the war was ended and peace was restored
would the courts take judicial cognzance Of the fact
that 1t was ended II could hardly be supposed that
this Court should AFFECT ignorance OF great fact In
tic history OF the country, which was known to
every man, woman ana chaia throughoat tae eng16
until they should be opened BY the formaity Of
pea and the proclamation or the President. The
forces the west side Of the Mississippi river being
the last 10 do So having surrendered TO the author
y OF the United Statos on the 24tn or 25th OF May,
1885, II they should believe from the evidence that
within the rebel lines until after that time that then
the NOn-lntercOur5e act, It tS called had ceased
by Its own Limitation TO be operative ana The cotton
was not forfeited under said act by coming from an
nsurrectiOnary state or district into loyal state
part OF State not declared in instruction. There
were other points In the instructions given TO the
Jury, such ~ permits claimed to have been issued
By the Secretary OF the Treasury and Mr.. President
jury, but as those stated doubtless mainly infiu-
enced the decision OF the case In favor OF the claim
ant of tue cotton, deem it needless AZ this time TO
recar TO any other questions OF law stated In the
charge OF the Court
Not having tue leisure Just now to write out my
charge IN erte1,So thought 1t might not be uninte
resting 10 you to state the main points upon which
lapprehend the case was decided. am sorry that
plete copy OF the opinion. but circumstances are
such as to render 1t impractcabe at thus time.
Very respectfully, CONNALLY L. TRIGG.
United States District Judge.
Earth Closets Tor the Army.
The War Department has under consideration the
proposed OF system OF earth closets barracks
and other military establishments. where their IN
PRODUCTION might prove OF advantage to the 0nicers
and men stationed there. The matter Ia now under
going an examination In the bureau of engineers
and the probability that it Will meet with favor
able report.
Condition Of the National hanks.
The following il an abstract OF the reports made
10 the Comptroller OF the Currency showing the
condition OF the national banks of the United States
at the close OF business on the 18th day OF June,
1900