New-York daily tribune., 1861-07-02
L1. ~ INTELLIGENCE.
UNITED STATES DISTRICT CoURT-JrLy L-Before
Jndge BETTs

UNIEn STATES DISTRICT COURT-JvLY L-beiore
Judge BErTs
PRIZE-y ESSEL HiAWArHA.
The United sates ag The bark Iliawaha Mr. Archibald D
ish CoHsuI, and Others Clalmants 4,
The closing argument iD behalf Of the belanls ite
Government ented the Court today Oy Whiam d.
Mr. Edwards said the hal asked him how much Of the
eouepsndence between the goyeTnmep,s At Wsshsson sIa
whole correspondence printed by the Bh'h House Of Com
Mr. Evsrs argument Of elaborate review Of the
facts Of the ee end statement Of the rnclpes OF OF % S
Vs. which the A'''n'' claimed the ''n'''H'''''"
Mr. Eysts ecmmsneed by referring TO the correspondence
Lord John Russell the nil Consuls ofbatimoe Rshnond
Southern pot srgu their proved
that the British It's officers had full knowledge
aHd notice of the establishment Of the bockede he alluded 20
10 declare wsr remarks that Cor ges. Only ecreed war but
that the dny the President by the oath he had taken to
the United States and In Of thst authority he
blockade the ports q order TO reoaes The power OF he 'ee
was there that required audge no. know and not to feel hA
Where CLERK Of hi. Court field bottle
the head Of his regiment He had dropped the PEN and wrote
The father sudge Betts .boud be called upon doubt that
there war II could be denied and the proposition Of
been established uuenable After referring 20 the fots Of
me ez1Te Of he ysse when he alleged hid attempted d % %
h remarks by trusting that the Court would not see anything
that vessel aiding aud comfrpg tho enemy Of the United
The Judge took The papers and hi. decision
MODE oF PROCEDURE AND PRACTICE IN PRIZE COURTS
OF THE UNITED STATES.
The Unite States others captor the bark HiaWeha
aud cargo, her owners, the British Consul and Others
I'm the progress of the tri of this cause and in rea
tiou other pending the i, docket various inquiries
aud questions made concerning he proper method o mi
tsting and condu. ting suits in prize cases
Judge stated that there faDdanentsi di ,ncOn be-
tween the mode Of creating fIte Cogr uneer pubic Jaw a
though the general functions Of the courts in both instances are
fst foreign Prize Court. are constituted by commissioning
individual to act prize Judge personally or by surrogate and
his ldc functions are prescribed In his appointment me
decision In the court sy moreover be made subseyient
10 the tcops aud nsiLnctops Of the appointing power
Scnd BY the laws Of the United Sts.e exclusive ursdc
ton IN matters OF Uze s vested IN TIE District courts OF e
respective Districts Of the United States These pemsnen
the pie authority Of the CONT after the case Is brought within
L. eoyniance executed In civil Of admiralty and
maritime ursdton" under its geners authority as al Adi
TiId The action OF this tribunal cannot therefore be
trord by suy mandate privilege granted by the Executive
Dep msn to the parties ignt touching the proceeding 10
the u by other than b. plea tiled dDnd dctd or mo-
ion application IN Court by the DstrcAttorney, who Is
d ' aud The ociil representative Of the Government IN
Fourth: Tu principle dlsposes Of the discharges dpensa
uon ea alleged to have been given oy the Executive De
p,uents Government in cyers now IN prosecution IN
Court pT1e well those which may Oe nieTposed here
after.
fA The recognition by Congress Of pzelsw as system
cfpUdence implied adoption OF ts cardinal doctrines
to the naons Poy and that general Jaw furnishes RUE. OF
decision and pcce In The prize courts Of the United states eh
eep s vs!igd BY our loe5 law % ~. ,,o,.,. ., q.
vss ses ~ O ssen re saSH RDwf & Sr s Ssse h @
iu thereof ard render it tho property Of the spor but IN
absolute authority o the conqueror over bis capture and reu s
Of ctrred "rorery to Prize Commissioners 10 De
held by then ..,. .sl actiou before Appropriate
pIize ibuual rs practice by process issued
ibr duly red by either party which attaches the property
in the hand Commissioner and transfers TO the Gus
t0dy Of the Court
Sren Proceedings in prize canses in Court essentially
sumnaIy Placing the the trihdpket adequate
OF trial by eud TO all parties. Final Judgment may be
moved by either party opening and reading the evidence upon
the preparatory gatoIies unless her proofs are allowed
BY out Tie 70 the standing tnteHogatores are
technically testimony Of the parties reading them out
received by the Court Pars Of the ges'a composing me
capre. The order OF placed upon the docket viii be
sy adhered trial. unless sufficient cause l. shown on
oath tor d. p1VUg z rom it
EhM Unl suit is brought into the Admiralty Cour. by
libel aud poce against the prize proceedings conducted
couounshly the general pz-ag and the Court viii for
acting lpon the II property IN the Lands OF Fe
Comlissi0nc except IN Of extreme necessity.