New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-27
Tho Claim Cues,ion-Whati In Thought OF
Tin Washington aud in Other Parts OF
the Couutry-The Probable Action Of the
Adninisfrafion.
ConespondeDoe Of The N. Y. Tribune
A...,...ra.- Mem IL

the Couutry-The Probable ACTON GA inc
Administration.
ConesponaeDoe Of The N. Y. Tribune
WARRINGTON, Monday. Nov IS, 1861.
As a large number of your readers are interested
personally Ms well as generally in the question now
before The Cabinet rs TO whether they will or Will
not sustain Provost Judge Freefe of Alexandria tn
his recent deci touching claims due from dlsoyal
to loyal citizens, have thought il well 70 inform
YOU and them ss TO its exact condition at the present
lime.
The President ard every member Of the Cabinet
except Attorney Bates are in favor OF sus-
tanning tue action Of the Provost Court, and but for
the unfortunate position Of Judge Bates, would have
bad an order Issued to this effect long since. Judge
Internationally for bimseh as well az Tor the
hole coantry-lisiened To m er PaTfe statement
made by the counsel Of one Of the parties whose
goods had been seized, and tbereuPon induced the
Assistant Secretary of War TO issre The order which
led 10 tie subsequent sue Of the two olher orders,
whereby the proceedings Of the Cour were stayed
in civil cases Had Judge Bates waited to have
heard tie ott or side before taking action, the proba
biiiies are that the pIocee iugs Of the ~"'' vaii
NOT have been stay ed. Having placed bnEef la
this posiiion-unthinkingly as have the charity 10
believe--be now besGtes 10 revise his opinion or
allow oihers to do 90. lie makes IT, understand, II
Tersonal matter, snd insists upon II that the other
members OF tue Cabinet shall not override him; but
since bis fr,t opinion WAS founded doubtful if not
false statements made by Secession lawyer, and
at time when only one side Of the quesIion had
Teen submitted neither | nor any other lawyer OF
tbis oity-ard have converted with many about it
can see any IMPROPERLY in Bis making different dc.
csion, now that all tie facts are before him.
The fact lie, The question never was question Of
law and hence ought never TO have been submitted
70 tie Attorney " General at al. 1t was question,
rather, Of military necessity, or national polcy-a
question growing directly out Of the rebellion, and
never would have arisen az all but for the rebellion
"A question upon which loyal citizens are srrayed
upon the one eide aud reJes 10 tie GorernmeHt upon
the other-a question which involves either the Civ
log OF withholding of AID and COMFORT 10 the enc
nae, of the country and this, too, extent Of
uear 5000 900 000-a question, In short TO whether
the Sequestraion ac passed by the socalled Confed
crate Congress should be respected, or eifectually
snuulled
The Court itself las understand ~ before which
the question WAS originally decided is Military
The absence of al other authority and only assumed
civil jurisdiction because OF being in an enemy coun
try, where no other authority could be appealed TO
by loyal cllizens Judge Freese is military officer
holding the rank, as understand, OF Assistant Adj
iutsnt- General in the army. AZ it originated with
the mi ilsry authorities it should Lave been left just
where il began, aud Judge Bates should not have
had, nor ought he to have any voice in the mat
ter. As question Of policy, it might very properly
Rave been brought before the Cabinet but as II
question Of night and propriety il should have been
left wholly with the Secretary of War or Command
ing General. trust this view will sill be taken Of
it, aud that the Cabinet viii refer the whole subject
to tie Secretary of War; do he may think proper
in the D. emises This will relieve Judge Bates from
direct condemnation by the Cabinet, ind again put
IN motion Court from which the country may ex-
lect great good.
In this city every loyalcitizen commends the action
Of Judge Freese. / have talked with lawyers,
Judges senator's and others, upon tie subject, and
have yet to meet with the fret man who condemns
tho action. One Of your own celebrated lawyers,
Air. Eyarts, was here last week. urging the Admin
isration 10 sustain the Court. The memorial upon
the subject, presented by the Chamber Of Commerce
Of your own city, 10 clear and conclusive, TINT
30 one thought the Administration would hesitate
a day after receiving it, Add 10 this tie fact that
the press Of the whole country has unequvocally
sustained Judge Freese's decision, and none but
wonder that tho Administration did not sanction il
ut once.
1t is growing opinion here that il Judge Bates
cont,nn.s IA onp,se Liza perponal dubblee IN case
like llris-a case in which your own merchants are
TO the extent of So, OOOO OO and the
" hole county to tie extent of some 100000, OOO-
beside the advantages IN military point Of view to
be gained from it--a voice will come up from the
whole country that he be removed, and that some
better man be put in his place.
From the best information can gather at present,
think the Court will DO sustained-probably in the
way above indica,ed-namely, by referring tho