New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-03-16

COR
aud that property - captures = the s i pre- OF VOL.
H. 81 the Of capture tiis cotton wa the 're'vs
BY ns,s oToes engaged IL b,ueey opo'eio,' thr. We
rspture, ihouTh made lsd was lawn" and The rT'fefy
$ AZ me zine Of this osyure The ~e rcson o. Loris-r,
the enemy's country and the properly was ie enc
.,sas sod s STop elST @ 1c % Wa
The c,einy character Of The ceHntrv q t@ ro'uonc
e in ,his cause and this supported by tho acton Of
GovernHeut hence e c0noiun that TIE ceeroe OF th
below should be aud the property ceIcmnl
yie orai argument Of tie Government, ware udueieh
BY j. H. Ashton. ESQ., assistant Attorney1eoeTal ara
by Mr.. Esmes for the captoTs.
The following points were Nom by Major X. VI
Corwino OF Cincinnati. ofcounsel 10 -he claimant;
l. The cenDo,cap'pr ene hold " fnle Of We,
property situate on 'bnd Aeh PoPsIy ue,ss @1s
toe wars lSyigs ~ the vessels Of itf nEyy ane
having sHos bat which ioand ard espt'd
plantation sshse 1t sed alas or more from the
'' ;is.r. i
pcrs the Uated States where sessrIg vessels OF VA
sser go Il property which he's cornecon Directly or la
1ectly with csptures made the hi 'h eowheIe
8 Gnoats cooperating With aud constituting part OF the
hId fore d,ecting their oos asss, large and the s-oe
~ the army oftEe United Is Rcd River expedition
% possess any more Ib's AID powers aud tn once
ss . 1S eiad en- The srd or on tie water ban
the officers and pTiystes couposas the lard iorces as ns
The property Of loyal citizens situated aud being ia sec
Hons of country occupied and hed By our troops when e'
Eens at and obeyed toe Constitution Of
Are United States, and the laws e tie state Of Louisiana
Ps.ed in Petnee issTeoi sna Nlo were ros ,z
war ic might b, rhoy seized by the force afore
sd On the sh seas according 10 the laws OF nations, ap
Thee can be sueh thing lawfully, Prize Of War
opeIy aiken from al een h eIE,oy snd
f.a BY tie CIV aud SIy aD,HoIe' OIL the United Sa'e'
g Besors passage q he &c, q ccDsn August 1901
sis.es haG no uri.Gctol Of Prize fWar Of pop
cry eaPu cd land the ke the Inland water. q
tte United sises utcs expressly derived fon tie
Law Of Nations and there such gsisdeion ;heI aet
the passing that act It expressly limited thereby to the
Of therein euuur!.lel
Any sc ofcsp.ue other act dono by the naval forces
De- Bu oi he eOndae. Of shat Red River csiaan, q
hch were sanctioned and approved BY him. the soc
fssTod D <ea riSAt, on the eaptsrs. ,,.
awful capture f. the naval forces 70 tale fOIe
Gsn asp of the enemy by the soe agency Of the land
forces; and Which a, that time within our lines and
within influence and protection of srch land forces which
TIN held exclusive possession Of the country.
William NJ. Springer, esq. q Springfield. Illinois.
also of counsel for the claimant submitted the following
Private property, land no. liable to captare and
q TO constitute lawful p1ise the property must be
sssed in Illegal traffic, aud taken Che high uye te
TLa private property ia .nemy's country i' now,
general rule Of exempt from seizure conhscso and
Chat the facts in this show that this e1ton docs not a
within any o; the exception to this general rue .
The district Cou Of the United States sitting In Ad
Uaty, prize JuIssdcton In cases Of seizure OF
property and but snch Courts may try tho question Of
prize prize, and must award reution the capture
s Tie proof having shown thu, The csptor. marked
when they seized this cotton Of with the Letters C.
We mend thai this &c, was fraud upon the claimant
and uron the Court ana Of ef sotcent TO DEPRIVE the
espors prize interest even the osfore mao
wsn ,h rrd State. sts nos.ess,on IN This war Of
phi 49,, ,bsy ~,,;,. M new lille Int merely vim
SSs.,e d., yh existed nd are TO do Only whs,
l. pecesssry for that purpose.
The oath Of aerisnce sken by the claimants In
4his removes from her all leOl dss1ies growing out
81 lie ws-is iuI rcop ior an ponical onentes snc se
sure sresofson Oh az sh's o a. 70
So othssp' ~ PropSH oSs'' Ne'' ' S " N"N PA''
Of po,,cv ft bere were no other opes
Ron, byoyed ls Cov,. should lot recognize the night Of
fsrd captures BY naval forces
The Supreme Cont though reversing the decision OF
Che Court below thought TIM property should have been
turncd TO the Treasury officers captured or aban-
doned property, under the act OF March ~, 1863
This act provides that two years after the wal loyal
citizens may establish their claims for restitution before
she Court OF Claims.
rup rop.cco prrcrxpss
1T ,o,,',, ~, pa, NJ S;nciotn,, n yuino;s
.oarii "a" ao,,,aa, ;ah Carnsnt cent q,
81 c!Sr,ain nan,tr ~ tbscca Rn, ~ ia not 20 clear
fa the article recently des.royed M TredeyicIsbrrg
vas part OF his venture II is mistake i'm the Rebel
usn.rs "a sav tho fohocco Wa Ia he exchanged for
49, ty ,I - ;,oln,od !, ,h ,ar,, cont ,ohand
NJ Wv w snni,od 80 rsc a. -, w. ~ 80 phoi
S,.,es' F,IlSgric,sI.,, w. no.. - ~ 49, dosia,aJ
msrSets or places 81 r,rctsss nd therefor IS send
she :, hacco thence ITO onr bnas would bsyc benn
violation Of The blockade Had il been broken foreign
ships would have doustess chained the privilege 10
trade Ut the svme port. Tie Potomac fotla settled
che question by deSroyi the tobacco. The Executive
order. based upon the lg 81 Congress- designacs New