*301Judgment — -That the reply is insufficient; and the interest upon said debt was expunged during the war. This motion is perfectly consistent with the other defense which the defendant has made; as this does not go to the-merits of the cause, but to the quantum of damages, and the treaty does not forbid the courts taking into consideration equitable circumstances, between the parties, in the assessment of damages, and is what the statute authorizes the court to do.