Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-11-13
LAW INTELLIGENCE


y novel and very important question o law as
respects the jurisdiction of the federal courts
IN admiralty and maritime cases, has been de-
cided by the Judges of The circuit court of the
United States, during their present session i'm
Philadelphia. The question arose out OF a
warrant OF attachment issued from the circuit
court OF the United States tor the Rhode ISL
and District tested on the 9Th July, 1913, di-
Tectea 10 the MarshaIS of the Districts of
Rhede Island, New York and the Eastern and
western Districts of PENNSYLVANIA. This war.
rant rcciing that the Ship Frances and cargo
were condemned as prize to the captoTs in The
Rhode Island District in the year 1913, a GER
tam bale or box of merchandise. part of that
cargo, had, by mistake, been delivered to IA
certain James Stewart, and taken ont of that
district that after mOnitiUu, diSObedience
contempt and warrant of attachment, Stewart
had abscoHded from the United States and
mat, on tic representation of Stewards proc
Tor ana the captorS, that Peter Graham. of
Philadelphia, WAS in possession Of the said box
or pate OF merchandise, or the proceeds there
OF, mouiion had been issued 10 and served
upon him to bring in the same, aud, that III
having disobeyed The montion and beiur ia
contempt therefor, The warrant in question en-.
sued, which commanded he marSlials TO whom
~ was directed I'D the name of The President
OF the United States, 10 attach and arrest the
said Peter Graham if TO be iOnnd in their djS.
irIcts, respectively, aud hold him in close Gus
t0dy, TO answer said Court for his contempt
or If he cannot be found within the districts
respectively, then to seize aud seQuester the
goods and effects of Peter Graham TO the
mount of $1,000.
The Marshal bsviDg taken Mr. Graham info
custody by virtue OF this warrant OF attach
ineDi, he sued out writ Of uabeas corpus for
me purpose ~ c0ntesting the confinement :.
Mr.. Blnney was heard OH the part of MIR. Ora
nam on Monday last, denying the power OF any
district or circuit court of the United States
10 send or execute its process out of the dis
| tTict over which such court presides and de.
nJing the legality Of this process in particular.
| because Graham never was party TO tue pro
ceedngs in Rhode Island aud also question
ing the validity Ot the warrant OH various
| points Of form. The court in consideration of
| the novelty and gre Importance of the ques-
| lion, requested the district Attorney, Mr.. In
| gersoh, 10 argue it in support of the warrant
| which he undertook 10 do accordingIy bur
| asked for a few days time TO examine it,.
| The Court therefore postponed the arcu-
meht until Friday, wien II was resumed by
| Mr.. lngrrsoil, IN support Of the warrant, ant
| Mr.. Chatnccy in reply and conclusion agaius,
| it,. In support Of tie warrant, it was con
| tended that the constitution aud laws had
| gwen 10 the several courts OF the United States
| all admiralty and maritime jurisdiction. with
| ont other limitation than Tie cases themselves
| or subject matieTfeGured, and that as respect
ca place, there WIS no limit to their jurisdic
Mons tbat this being a case Of prize. in which
tie JuilsdictiOn of the Rhode Island Admiral
| ~ Coutt bad once attached by possession 81
TIE thing, ITS process would reach ali the inCi
dents aud consequences of such a case; aut
that by TIE practice and principles of all piizt
courts which are intetnatio al, not muucipa
tribunals, theyare not confined 10 or by terri
tOrlal limitations
On Saturday morning, Judge Washingto,
delivered the opniou of the Court stating
that though during the argument the Judge
we're not without some doubt on the subject
vet they had determined 10 discharge Mr. Ora
ham hom custody 0n the ground that the Sc y c
raj Circuit and District COufts Of the Untet
States arc linhled IN tisir jurisdiction to tn
territorial districts, to WINCH they are tespec
lively allotted IN their organization. aud cav
not extend their process beyond their local ii
nnts, except ~ certain cases specially provide
for by law. OF which this is not one.
We shaii ndcavor TO Jay before orr reader
4 the opinion delivered by Judge Washiugioi
60 morrow. lPhiL Fr0Rk. Gdz.
we understand that large Portuguese sbil
prize to one Of the Ar,gas prvsteers, was IA