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It is expressly said in that body of regulations to which I allude, that the office and situation of a judge of the Dewanny Courts of Adawlut is to be filled by the junior servants of the Company; and as the judicial emolument is not substantially equal to that of other situations, the office of a judge is to be taken, as it were, in transitu, as a passage to other offices not of a judicial nature.
The property is not divested, therefore, in transitu.
In the ordinary course of things, in the time of peace, such a transfer in transitu can certainly be made. When war intervenes, another rule is set up by the Courts of Admiralty, which interferes with the ordinary practice.
Something exquisite by very suggestion of evanescence, caught in transitu, and held for the eye and mind to dwell on. They were never tired of looking. The chance would not come, that ought to be a pause, for them to turn and go away. "But there are more," Sylvie said at length, admonishing them. "And the Second Cataract is grander than this." "You number them going down," said Mr. Kirkbright.
And as to the second point to wit, the failure on the part of the shipper to divest himself of the title and control of the property by a proper bill of lading see 3rd Phillimore 610-12, as follows, viz.: "In ordinary shipments of goods, unaffected by the foregoing principles, the question of proprietary interest often turns on minute circumstances and distinctions, the general principle being, that if they are going for account of the shipper, or subject to his order or control, the property is not divested in transitu" &c.
We are always trying to escape winter when we are not trying to escape summer. We are half the time 'in transitu', flying hither and thither, craving that exact adaptation of the weather to our whimsical bodies promised only to the saints who seek a "better country."
It was in vain that they could demonstrate that protecting the property of the Union was but another name for coercion; that if the President could lawfully from another State appoint a successor to the Federal collector, he could in the same manner appoint a successor to the Federal judge, district attorney, and marshal; that if he could execute the revenue laws he could execute the steamboat laws, the postal laws, or the criminal laws; that if, with Federal bayonets, he could stop a mob at the door of the custom-house, he could do the same at the door of the court-room; that it would be no more offensive war to employ a regiment to protect a bonded warehouse than a jail; a shipping dock than a post-office; a dray-load of merchandise passing across a street than a mail car in transitu across a State; that coercing a Charleston belle to pay the custom duties on her silk gown, and a Palmetto orator to suffer the imposition of foreign tribute on his champagne was in fact destroying the whole splendid theory of exclusive State sovereignty.
The property is consigned to the order of the shipper, which leaves it entirely under his control; and it having left the port of New York as his property, the title cannot be changed while the property is in transitu.
In the Famine, our roads were torn up and made impassable to apply a labour test to destitution; food was next served out without any such test; M Soyer was sent over to make cheap soup for the million; the bone and sinew of the country were shipped off to spend themselves in trying to subdue the wildernesses of another hemisphere, or die in transitu, or on Grosse Isle and such charnel-houses, whilst nearly five millions of reclaimable acres in their own fertile load were still left as nature had left them.
But while he thus took care of others, he himself was drawn upon by Jackson for £50,000; and at the same time he was expected to provide for all the bills accepted by Laurens, Jay, and Adams, and now rapidly maturing. He sent in haste to Holland to detain the 1,500,000 livres in transitu.
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