The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-05-20
The Port OF Savannah Closed.


for two months and that further communication
witha flag of truce in that port would be allowed
Captain Thompson, who was In command OF our nag
Of truce replied that General Hunter hsd not been in
formed of this order he should have bsen by the Off.
command Savannah and asked the officer to 60
back Savannah and confer with General Mercer in re-
gard matter and the communication could be
received
The officer did So and returned hour, saying that
General Mercer, in command Of the city, andCommodors
Tatna in commander the ram fleet, regretted that any
Misunderstanding had arsen that we bad not been in
formed Of the closing Of the port but that they could not
receive Captain Thompson's communication
Imports mt Opinion nj % the Sale OF Prize
IN WPraperty. ess-
UNIFIED STATES CIRCUIT COURT.
Before Hon. Judge Neiccn.
MAY l8-7he United States rs The Steamer Spssbeam her
Cargo, -This is a motion made BY the advocates for
tho owners and claimans,of the steamer Sunbeam and
cargo tostay ss Of the oporiy by the United States
Marshal which sdvcrtissd to DO sold the 18th INST
1t appears nom The papers that the vessel and cargo
condemned prize in The United States District
Court the 10th january last, End conditions ssgonos
ordered which was issued accordingly !, and under
which the Marshal Is now proceeding to make ss'e.
An appeal from the decree below taken to this
oour within the time prescribed by law and duly per-
footed. which, y Is claimed By To advocates for the
clamaas a. operating 70 cause into the Ap
psats Court thereby deprving the District Court Of
any jurisdiction ID isspe the execution over sale Of
the property under the decree Of condemnation In that
such is the effect or the appeal is admitted
unless changed by recent acts Of Congress. The
first act rcfcrrcd to IL tho twelfth NJ section
Of the act Of July H. 1862. entitled can act for
the better government Of the OF the United States
That section provides among other things folows-
sfAnd whenever final decree Of condemnation shall have
been made, any nterlocutoy sale has been ordered
the property shall be sold by the marshal pursuant to
the practice and proceedings in admiralty and tho
proceeds Of such sale shall DO forthwith deposited with
the Assistant Treasurer Of the United at nearest
the place where such sale IL made. and the
deposited shall remain in the Treasury Of the United
States until ipal decree Of distribution until decree
OF restitution shall be made and certified copy thereof
furnished. upon which the costs Of court and lawful
charges and expenses shall DO paid, and the
balance distributed according to said decree provided
that the annual Salaries Of the district attorneys prize
commissioners marshal shall in be 50 increas
under the several for compensation In prize Pc
70 exceed, in the aggregate tho following sums and any
balance beyond the several shall be paid into the
Treasury, viZ-Dstrict Attorney, 5000; Prize Com
miss onsrs 900 Msrshals SO 0oo We see nothing
the words or this pr0sion either Ambiguous doubtful
The entire section-wheh is long onerelaes chiefly 10
h S S uS IN ~ H. , ~ .nS
orders, and TO the oosu, charges and disbursements OF
n @ ~ ne ., 's p,s " ~
VI condemnation TO orders Of sale
~. o,",; ~ th. 81 ~ ~ ahs "ss ~ rr.,
and Endorsements, and provides that In tho c,Se
Of final decree Of Condemnation, or Of an
the Marshal according TO the saI practice in
and the gross proceeds deposited WITH ne Urea
AIN Aunf oars
ton or untha decree of restittion refersuos ID
fourth section OF the act Of 25th March 1852 will
help TO explain the provision That section provided
that In case or Anal dec &c OF condemnation tho pre-
perry should be sold by the Marshal and the Eroeg pro
coexs 0epSa 1Dfhe eu96 sd fhefS Sron the Prize Com
hAspsderS( GuiSr tSe FtdsreeSSor ls6f the conrt
should proceed TO take the requisite evidences
and report the same TO the court 70 the end
that a Anal decree should DO made determining what
public shps wore entitied 10 snare I'M I'm prze 40 and
II vs. inside tho duty or Ne clerk Of the court 10 trans
nit 10 the treasury the moneys SO deposited in court To-
gether with certified cory II the said Decree aer de-
Quoting from said moneys the costs court and the
charges arc expenses y provided Nowyas we have
thie tWe IN eectfn OF the subseqent act OF July
At 1867 provides that the gross proceeds Of the sale
shan be dspited BY The Marshal with the Assistant
Treasurer and which shall there until q final de-
cree OF distribution or until decree Of restitution and
a certified copy Is to be furnished enable the govern
.uent Y mako asfbusien among the cspsofs The act
speak Of Aral decree Of condemnation before the sale
and Of final decree Of distribution after the sale
Ne have heretofore had the OF Of 25h
March 1862 before us consideration and then held
,at no sale could take place under decree OF oondemna
ton IL the District Court duly appealed from; that de.
cle thus appealed from not final decree within the
ing OF the act. and that after the appeal tho
with he Ia the Appellate Court, and subject
aloco ~ ts jurisdction There nothing In this twelfth
section OF the act OF 18th July distinguishing II IN this
respect from tho already decided. II Is supposed
that the words cor until decree OF restitution" after
the words hnal decree OF distribution In the twelfth
section, inconsistent with the idea that the term
FINAL decree Of condemnation used in the section means
Tho ultimate decree in the But tho obvious an
swer is that this phrase, IN the connection In which II
found reets 10 the where the property had been
sold on m nerocuory order and whore the final decree
was decree Of restitution. As the funds were In the
case Of decree o. restitution In the case OF oondcm
naon, ana ooh must oe una DEGREES Inc mr., paft