The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-07

'SssSU SsS - 00ttk~I evvNt-
The Case. ~ ths Price Gray Jacket-vesssl
ana Cargo CendemneA-The Secretary 81
Crse ef F,i1.' &c Ass '''e"'
MAJ d-TAs stsamv 0ray Jacket and Cargo and
Aohssh etssssost appsItuna ~ ne United Gaies-Ths
facts In this case have been fully published in thsss
columns. and win Be remembered The questions Tor
decision were e 70 the eject q the amnesty proclams
ton OF the osh OF December, lses In connection with
me oA o. - claimant = bnasisg himself ssthin
prOvinons re props.sy q making order fer further
treasury entitled the claimant 70 he reoSssion y -
*. claimant That s:r. = y. =
class o. perscns oaespsed In the proclamation; his own
aasv nnass re cisounss,ncss u clearly neancisss
rights q third psons have iutervened excluded In
terms ~ the Prcclamasea which r. founded the 90
statute ake any provision q 10 maritime captures IKE
the psssens CASE bus d the proclamation b
running the blockade and seized in Taounts deIico Il
would b strange result in such case II the subss-
Innocence and compel NJ restitution q the property
= not proper case FOR an order for fur
and only when clearly required BY the ends o. JUSTICE
The claimant forfeited the right 20 ask Il by the guilty
conceament q his Ist affidavit Inc siowsnce Of The
nation nj perjury The Testimony IN the case " satisc
tory and there doubt 70 the correctness Of The
TSirG order Of the Secretary Of the Treasury
does not affect the case By s II 10 limited 70 the
~ act = Of 1851 The Secretary has no to remit
in any to properly capused a. maritime prize q
wal. His power 70 remit forfe'eares and psaaalies 2
limited by law and he may not transcend the specia
jurisdiction Ii he does his void The subject d
this hes beyond his authcrty The liability Of Tho
Innocence " Che owner the case has no rcdeemng foa
ture and ne condemnation Is affirmed.
The opinion was read by Mr.. Justice Swsyns
IA t4sse "a n asf Is -------f NNH lr45fMK
Exemptiou Of tho Indian Tribes from state
Taxation The Case - tho shawnoes I.
Knnsas.
CNassa Bsss yacka 4 al. plasst1 n error. ~ ~
Board af COMMISSIONER Of Joh~son coumtx. Kansaa-
Tho courts OF Kansas had decided that the Shawnee
Iodiaos in that State had far abandoned their tribal
organization, and become members Of the local commu
mites where they resided as to lose the right of
empton from state taxation enjoyed By them - trbo
Under tho control OF the general government denyng
the correctness OF that Judgment the Indians appealed
and the following is the substance Of the opinion Of ~
COURT AZ Mp.t
intact and recognized the political department Of the
government existing, then they are people distinct
from The jurisdiction Of Kansas and g DO governed ss
control Of Congress- there can be NO divided authority
they haze not outvsd ths profession Afforded By Ne
constuon treaties and laws Of Congre Until they are
clothed with the rights and bound 70 al the duties q
the citizen they enjoy the privilege Of tosM immunity
8 Kansas came into the Union With ne
condition that these Indian rights should remain unn
paired, and tho general government y ~ HDe!y -
make any regulations respecting them, their land1
property or othse rights which y would have ben
compstent 70 mako II KAnsss had remained Term
tory The treaty oflS54 lett the Shawnee people tribe
with The declaration Of their dependence on the national
government for pretecton and the yindcaton OF she
rights This tribal organization has since remained ana
they have retained Ill their rights a. such, and tner
laws customs and usagos Of government Because they
may have abandoned Of their customs that dos
not prove that their tribal organization Ii not preserved
Tho Judgment below is reversed and the cause -.
mandsd With instsuctons % enter Judgment In oea-
| Tns opinioa Was rad b Mr.. Justice Davis
TIE &c. Marie Claim 'Dlsmissod-The Title -
| the Goverament Cennnea 90 Six Square
Leagues 81 Land II Michisan Worth sssas
Millions. s8 81 s'is fFAN*
rae Usits6 Sysls - Louis Pasliss d Rspest1ws.-
Thh bi IVES nsd 70 recover tract q land sx leagues
square 10 ths elats Of Michigan fronting the river s.
Maris, which coanssls the waters q Lakes Supsnes
| ana Hurows ne grant was made In l7s0 -
The Governor and Iutendent General Of Canada, thsa
called New Frauos 70 Louis dc Bouns captain q "
fknty. and 0ouut Eepsnguex a Ensign u The Freaon
army e Wao conlFnsd b. the King Of ffanoo IN l5tl-
The court held that the original grantee Of The
olalmauss abandoned the hnds and len The
l oounesy ~ he close Of The Revolution, an1
thsssby ss1slted bis claim; thai The eovernmsal
q ~ Ussd ssss. scoessdsd 2 z, ne nshs aas V
| thsrseSu 100 - rshtfui owner d ths iracs Thi
ebun bslou nave Judgment FOR the claimant whica
now rsvernod ana de bill dtsmissed.
ne sPlntei uhich y very elaborate was resd y n
II JUe{tco Ho1GoD. .ME-g r "