New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-30

States 4,
Leroy ~ Wiley sppesred by his proctors, snd pnt IN 2
cim stock 81 question snd also his answer TO the 1ei
information which aerwsrd Stricken by order OIL the
Tho GREAT Western Railroad Co. also appeared BY IL proc.
tor. and hsd Claim and snwsr which also ~''' 'u0''
And serwari decree Of default was entered ssn's e
Proofs were Isu ,sken ex parte facts charged in the
libel Of Information aud on the 2sth April lsS decree OF
i "c cTac~.S a he Of he cost.
charges he distributed TO the United Ststos ana the In
former in equal parts
The claim and answer Of Wiley we're ,'rcten rom ,ne es
Il. Pound bsnn that s he s resident
bsna State declared 10 be In Injunction tsin. Tue
court And the claim and tho answer Of the Railroad
Co stricken out upon tho ground snossntsiy thht
they had ntcveIed Tor the bencht OF Whey Of
Will observed that the principle, or ground Of proceed
property under tho Of Congress 10 different The
Int places the forfeiture upon thefs, Of the nse OF employ
.r f or to the laws. All such properly is Dc
csred TO be lawful prize liable to scaon The real
been so used employed knowdss and eon'en' OF
the owners The owners may or may not DO an alien enemy
snsc proceeding under this sc unle. shown 60 have
been used employed fOr The purpose mentioned Tbs par
Now tho property sought b. conh.c,ed in the prs,en.
,ock In incorporated company In The state
Of Isoi. It's in tist State and there Is great diff
Guilty In procuring from 'uen interest OF specie, o. prop
tie provisions s,suie gu wsvins this although th
Couf required proof fact Of the .rpoyoent q
the in aiding sbenz the insnrIection within the
aenrs ac Of Congress- before condeu nation We find
N. or,ur /, declared nnder iii, ct Of 9Th August, s
noie,y OF tie proceeds are directed " DO PAID INC
Under The net Of I7,h July 1862 the whole Of the proceeds
70 10 the Government Tl decree mus have been an over
@ EI1, 70. I I, ,e , ree'f' 'Pp
We my ada That th.re !, confusion Of Idea. In The
libel Of nformson which probably nisAt the court In inc
deerc both OF Confess
which ws haze sen r.. IN Yr"re ,os ser
sSd Of nc Gov
ard HoIm.5 in ,, ;Ds TIE The NJ,
sS . sSa decree n 70. tho os
while the proofs al under the act oflih OF July Uf
4. ots es,r ms; The ssar below never .oqard jordic
too o. TIE BY any smfa seizure Of The .,ocl n gas.on
Ovid ads Of neorpoI ed company IN TIC state Of Illinois
ed Which as e,sSn p. III s q
law TO be rrsarisd foreign eorpornon a much 20 a.
corporation London TIE rroee'. Of c cent e2na lc'
and out Of ID. jur.iictios II NE court
That sf s'S o Z '.s ns Who X rs s SIMPLY
authorized receive sud inter transfers Of stock and the
eisare semp,ed an sought TO be maintained 1t seems va"
sh A ls progids: .hs. tho price s., nd
sse s be- e. hq n sbes he .ms %sy b.
seized ino rhich they nay s .Hs'n ,se a.
rem ay be Instituted sny District Court within Which 'hs
propr;y msy be found, OF into which the 'ame 0's0
he bro ght.
Now hi. ,,orI q Tie Illinois oorporaon beonsins to
Wiley and Which 'he 'aeo Of eonveI,.gn ps s lice
corporation situated II could neither be ezed In this dis
trict nor be bonsh into H. Nor copi u pe 'ea % COZ
demast wihe n,'isn: pisse. =, ssns.mesS
be that ni rnirhl BE- instituted against tn, owners "a y,o
s s@d sSa Re .Ss Ss0 The
proceeding against the stock i'se when the present.
cae III. zue snd condemnation could tats Place only 10
ths i,,,rlc, In which n. corporation !, situated
We 10 whs regard a. the most important q"s
ton IN ae case ld h.. % % pG, ,e md Of
Whey and snerrs ts dsaa, tho ground osi be an
r.. s iS sy ss. T SS the
AID any ofsuch pfepeE'y AFTER ,s '''
BIZ ef,n rss . o. I *. 'TSss States .'d IN any District
Court, te which proc.~ds. sAs conform nearly .. may
be to I AZ a ar pss ss 1ba &c h.a-
ortsa person enrssed in Rebellion o. who has vsn 40
popry AID become The properly Of a.. unted stats
and to Be CONDEMNED In the Circuit Court or
| In admiralty In the District Cont
The.. provide for N. seizure. of enemies. property
Prize o. na . .sh Which scser5ias e tie case
nations, and be- upheld only by an set Of Conre.' in
other wed. BY to municipal law Of the patton s.ea. 20
,a. :. pls W. on Ole hsh ,h.s sc:. Of Congress.
the ani and IN tho latter The scs expressly provide
y end s,,e. and hs prcey found belong
eus.:ed h The I'ebs = Ls be .9ndeaasd a.
Sc piGea6 attended by the se, Of conses. to be
d, -. ~ bIlro cesss Of seizures Of enemies
p,opsris on the hish sees .a fur
Th.J were f,uli..: 20 the ,ndses IN admiralty "
nhsd syItom OF practice and Of principle 20 'no
rule Of sS providing for seizures foruIr. Prop
eity land These OF Consre" are but an extension Of
tho u@ which, according TO International law, has Aws
been spilled Jgvs toH 20 enemies property Of sea
court and csrnO, sppe.r defend bis property serea ..
prize Of tie high doe, not spp.ar to hsve ever
been applied 10 claimant Ia the admiralty Tn TIE contrary
WA tie national character Of tho whether n,g'
enemy We need only refer % few OF ht m; y
Rob. l.-5 Tho Indian Chief IBID p 81 Ia xertne
D. 81. The Fsns p. 25 Boedes List, and p .S The ires
ident IL Moores r. C. Rep sa-is The oessimo did, p
wo may sdd that In many the prize growing on, Of
the recent Rebellion. the msn point involved t,Ined 1ron
citizen or AN enemy Indeed the very last torn Of The
Supreme Court these questions wore before iony discussed
and decided m
othese regard applicable to and Controlling
capture tho high the other on leif-ne not
merely in their ana purpose analogous but are made
90 by tho acts Of Congress.
We have not deemed necessary 20 Discuss the question
raised hether OF not the claimant be regarded as sn
alien enemy having been citizen Of the United states the
breaking Of sDd 10 s resident OF ono OF the
TO- even n An alien entitled trpsay claim
ant and contest the ale lions In the libel
Several other questions OF great Interest snd importance
been discussed la tho course OF tho argument going 10
OF tho iofbcar to notice then Tie decree OF !he
below 10 Reversed aud tie libel Of Information
| dismissed
| SUPERIOR COuRT-CHAsBxRs-MAr 29-Before Jurio
SWITZERLAND.
DECISIONS.
BENJAMIN y. Clayton AIT. Josephine Clayton.
Report confirmed and judgment Of divorce srcnted.
John W. Boser sgt Susan Boser q. 1-heport confirmed
Hobert " Cooprr AIT Theodore U2vcau ct al-Motlon