New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-04-30
4ocal 9ntelligeltre.

| in which Augustus Staes claims to have been
elected recorder of the Second District at the late
city election, because, although his competitor,
Mr.. Gastine, received majority of the votes
cast, it is alleged he is not qualified according to
law for the office for the reason that he is not
thirty years of age, was concluded by Judge Ca
nonge for Mr.. Staes and Judge Alexander Walker
for Mr.. Gastnel, on Saturday. The procedure
| being writ of quo aca,ranto, Judge Walker con.
| tended that the writ could not be applied to the
case, but only to cases of usurpation of office.
The judge took the matter under advisement.
UNITED STATES CIRCUIT CoURT-Ihe Rule Upon
General Can6y for Contempt Of Court.-The rule
taken by plaintiff in the case of John P. Tweed vs.
Benjamin F. Flanders, upon Major General Candy,
commanding this military district, was answered
by the General on Saturday as follows:
the Court Of the United States in and for the Sixth
In the case cf John P. Tweed vs. Benjamin F.
Flanders, No. 1876, pending in this court, re-
spectfuly make return to the rule of the honorable
court, that the property claimed by the plaintiff is
acquired by lawful capture on land, and subject to
the exclusive jurisdiction and control of the Ex-
ecutIve authority of the United States.
The title passed by the act of capture. No judi
cal process is necessary to perfect that title, and
none can be invoked to set it aside. If no remis-
sion is made by Executive authority it must be
sold and the proceeds paid into the treasury of the
United States subject to the reclamation that may
within the conditions prescribed by the Sd section
Of the actof Congress, approved March 18th, 1868.
Statutes at large, XII, page 220.
The uniform rule of public law that property
captured on land as soon as reduced to possession
and without Judicial condemnation, becomes the
property Of the State, is followed by the statutes
Of March 18th, 1868, and Judy I'd, 1864, and the
duties of military, naval and civil officers under
those laws, the regulations made in possession
thereof, and the orders of the President are clear
and distinct. grfsI.rs ..r5 tra.s s--
No nation has yet given the jurisdiction of land
capture to the civil courts, except incidentally and
for specified purposes. In England, the High
Court of Admiralty exercises jurisdiction only in
cases which are referred to it by the Crown, with
try it i committed to the Court of Claims for the
special purpose of relief of loyal persons whose
property may have been captured.
The jurisdiction is constitutionally and legally
committed to the executive authority of the United
States and all questions effectng the title, control
or disposition of such property until it is sold the
proceeds paid into the treasury, and the jurisdc-
!. ton of the Court of Claims becomes operative,
are subject to this exclusive Jurisdiction. In the
exercise of this duty their acts are quasi judicial
are not subject to review by courts juries, and
their orders are conclusive and binding upon all
subordnates
Under the seventh section of the act of Con
gress approved March u, 1868, and under the
orders of the President and secretary of war
1
the property agents of the treasury department
the control and custody of all property acquired
a under the laws of war, and the laws above cited
at and under authority delegated to by the secre
,e tary Of the treasury dated March 20. lSG6, ant
upon satisfactory evidence that the cotton claime
ss by plaintiff In this case is in part if not wholly
a the property of the United States.
Is l have seized and hold it subject to thu
f ultimate decision and orders of the secretary o
the treasury, and in conformity to the laws regu
IT ations and orders above cited, and with the spir
n of the instructions of the secretary of the trea
, sury of the above cited date Of March %, 1866 il
is my duty and my intention to send this cotton to
. the city Of New York, and there turn it over to
r the agent of the treasury department designated
# to me by the secretary of the treasury and in
i conformity with the same instructions, l will
transmit 10 him for Ills consideration and deter.
mination the evidence upon which it is seized and
is now held.
: l now hold this property as I hold the forts
armameuts, munitions OF war, and other public
property captured from the enemy or committed
= to my custody, aud that have no power to relin
qnish that custody or transfer it to any officers
persons except such as have been or may be de
signated by the President or by the head of the
executive department controlling such property
and | make further return to this rule, that the
!. action taken or TO be taken by me is in obedience
to an imperative and defined dnty, and that it is ne
way intent or in spirit from disrespect to this hon
orabe court or in contempt of its mandutes.
/ How far it may be SO regarded OR may meri
punishment, is for the court to determine but
respectfully submit that the property claimed by
the plaintiff is not in the custody under contr0
* Of the defendant, (Flauders,) and that Major A
| N. Jackson, the provost marshal Of the parish 0
| Orleans, is acting under my orders, that the re
sponsibility for this action rests upon me, and no
upon them, and that any punishment that may b.
! ordered by the court should be directed ag0ils
ne and not against them.
, Z. Z. S. ubNBY, Mai Cen Commanding
The large court room was crowded with epecta
ors, deeply interested in the proceedings, the ba
n particular being largely represented. The an
swer of General Canby having been read, Judg
Durel made some very emphatic and decided re
marks on the issue. The following, from thu
" Ficayune, seems to be an authorative report Q
his observations:
When first took my seat upon this bench, til
country was engulfed in the cloud Of civil war an
the loyal people engaged in putting down the grea
! wrought, and no moro is the maxim inter da'nl
silent teges applicable, but on the contrary the ro
of the drum should no more be heard in the hall
81 Of justice. The pretence of defense of Major Ger
st Cauby is naught. He has opposed mandate OF thi
as court, and is guilty Of contempt and as has bee
my endeavor throughout my judicial occupation Q
z this bench, to render to the army and navy all tn
l., be deserted by that which should be my supper
y and aid in the enforcement of the laws of the
United States. I am unable to fine or nprsor
3, as a major general, who has at his command th
bayonets OF an army, and could resist judgmen
OF this court. As to the conduCtof 3. +. Flanders
10 it is simply an aggrayation Of his previous actio
in this
And now, as am unable to carry out the law
as deem should, adjourn this court until
time when the army shall have been removed. AM
be able to imprison and punish as judge is de
Ve serving in the premises.
s The Autocrat of the Russias, with the lives an,
Id property of his subjects at his command the Sui
tan of the Turkeys, with his oriental vassals muc
J, less major general of republic like this, ha
not power such as has been sought to be enforce
in this case by the military. No such power wa
found even with the commanders of the Roma
legion.
| therefore adjourn this court until next Satul
| day, when | will decide all cases pending now
when will adjourn this court indefinitely, unit
such time as / may have power to enforce til
laws am placed here to expound and execute.
! | THE MILITARY AUTHORITIES INTERFERE AGAIEs
. JUDGMENT OF REtURDER LETTEN.-Residiug
g the vicinity Of the Washington schoolhouse, are
number of colored ia uiies, whose conduct ha
been such as to cause repeated complaints to b
lodged against them at the Third District and ais
at the central staten.
Regardless of the lives of the large number G
children who daily attend there, the school hona
has been fired on more than occasion, Will
the close ymitv Of fhaaa onle Will