Thomas Cooper to Note. —This order was finally made without costs, January 29, 1879

Mr. Cooper to Mr. Welsh.

Sir: Agreeably to the instructions contained in your excellency’s letter to us of the 29th instant, we arranged that counsel should attend in court this morning upon the hearing of an application to the judge of the admiralty court to issue a warrant against the United States ship Constitution and the cargo on board her, and counsel accordingly attended and informed the court of the facts contained in your excellency’s letter relating to the Constitution.

The admiralty advocate, instructed by Her Majesty’s Government, was also present, and on the part of the government of this country protested against any jurisdiction being exercised in the case.

After hearing a lengthy argument from the counsel for the applicants, and a few words from the counsel we instructed, and a short argument from the admirality advocate, the learned judge dismissed the application with costs.

As we have carefully abstained from appearing in any way to the proceedings on behalf of the ship, there is some question whether the judge could make any order as to costs in the matter.