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![handle is hein.slavery/ussccases0458 and id is 1 raw text is: THE CITY OF WASHINGTON.
still in force there. The destruction of the institution can have
no effect upon the prior rights here in question.
In Osborn v. Nicholson et al., 13 Wall. 654, this court held,
upon the fullest consideration, that, where a note sued upon
was given for the purchase-money of slaves subsequently eman-
cipated by the national government, the plaintiff was entitled to
recover.
The Court of Claims adjudged correctly in deciding against
Hall upon the ground we have considered, and also in deciding
in favor of the executrix of Roach. Judgments affirmed.
TnaE CITY OF WASHIGTON.
Sailing rules and regulations prescribed by law furnish the paramount rule or
decision, whenever they are applicable; but where, in any case, a disputed
question of navigation arises, in regard to which neither they, nor the rules
of this court regulating the practice in admiralty, have made provision, evi-
dence of experts as to a general usage regulating the matter is admissible.
.A-PAL from the Circuit Court of the United States for the
Eastern District of New York.
Mr. James W. Gerard for the appellants.
Mr. Henry J Scudder for the appellees.
ANIt. JUSTICE CLIFFoRD delivered the opinion of the court.
Usages, called sea laws, having the effect of obligatory regu-
lations, to prevent collisions between ships engaged in naviga-
tion, existed long before there was any legislation upon the
subject, either in this country or in the country from which
our judicial system was largely borrowed.
Plenary jurisdiction was conferred upon the courts in such
controversies; and the judicial reports show, beyond peradven-
ture, that the courts, both common-law and admiralty, were
constantly in the habit of referring to the established usages of
the sea as furnishing the rule of decision to determine whether
any fault of navigation was committed in the particular case;
and, if so, which of the parties, if either, was responsible for
the consequences.
Oct. 1875.]](ViewImageLocal?handle=hein.slavery/ussccases0458&div=1&collection=&method=preview&ext=.png&size=3)