The New York herald., 1876-07-02
UNITED STATES SUPREME COURT.

WASHINGTON, July !. 1874
The Supreme Court Of the United States have de-
livcred opinions in the following cases.
COMMERCE. a. AFFECTED wAw-wnEx BECOMES
unlawful GOVERNMENT MUsT DEcLAuk
No TO- Edward atlhcws plaintin IN error vs. Mol
son McSi In error To the Court OF Common Pleas for
the city aud county OF New York-Thc judgment
which this OF brings before TOR
given by tho Court OF Appeals IN affirmation OF judg
ment against the plaintiff IN error the Court oi Com
mon Pleas the city and county OF Now
an acceptance of bill OF exchange by
tho a IN OF Brander, Chambss h Go. OF
New Orleans II beng alleged that Matthews 1t tho
time Of the acceptance member Of that arm. The
bill OF exchange dated April 23 1861 mado paya
bic In year to the order OF McSica, Value Co.,
and II was accepted by Brander, ChAmbIiss IL Co on
the day of date. The principal defence, and the
only one which presents federal question, that
tho when the acceptance was made the defendant
Matthews was a resident OF the alto of New York ;
that the other member. OF the 6rm, also made defend
ants tho SUIT were residents OF Louisiana, and that
before tho acccntance the coparnershp was dissolved
by the war tho rebellion. This defence
tanned in tho Common Pleas aud the judgment OF that
Court was affirmed by the Court OF Appeals.
Tho single question, therefore, Tor consideration,
Is whether the partnership dissolved by the war
before April %, 1861; that the CIVIL war had an cx
before that aate must bs accepted
as an established TACT. THIS fully determined in
the prizo cases q black. 1851 and s no longer open
to denial The Presidents proclamation OF April l9,
1861 declaring that he deemed 1t advisable 10 set
foot blockade OF the ports within tue States oil Souh
Carolina Georgia, Alabama, Florids, Mississippi,
and conclusive ev deuce that stale OF war existed
between the people inhabting those States and The
United states.
IL must also 90 conceded general rne to DO
OF the immediate consequences Of de- laraton OF
war and the effect OF such state OF war, oven whom
not declared that all commercial intercourse and deal
ing between tho subjects adhcrcnts OF the contend
ing powers Is unaw u and is incrdicted The
for this rule arc obvious. A,ate o! may exist
and vet commercial intercourse be lawful They are
not necessarily Inconsistent with each other Trading
with public enemy may be authorized by the sover-
eign aud even to Hunted extent by military
commander. Such pernssions or licenses, are
partial suspensions Of laws oi war; but not Of the
war itself. In ,dcrn times they arc very common.
In England licenses are granted directly by tho
Crown or by some subordinate officer 10 whom the
authority OF the Crown has been delegated, either by
special instructions by OF Parliament. In the
United States as n general rule. licenses issued
under tho authority Of act OF Congress- but In spe
cia cases and for purposes immediately connected
with tho prosecution or the war they
may be granted by tho authority OF the
President as commander in chef Of the military and
naval forces OF the United Sta.es II is held that m
III the President issued his proclamation o August l6,
1861 in pursuance OF the act OF Jniy Is of that year.
commerce between the parties was not unlawful Tho
enactment that commerce should be unlawful aficr
such proclamation implies that II is lawful until such
procI nation The Court of Appeals was therefore.
right in holding that the partnership IN this case WAS
not dissolved by the when this acceptance WAS
made. Affirmed
ur Iusticc strong delivered the opinion.