The national Republican., 1867-01-05
The Coarts.

TuuHADAf. JAMuhry u 1871.
On motion Of Mr.. Ashton, Stephen snow, Esq.,
Of New York, was admitted an attorney and cOun.
selIor Of this court. -.
On motion Of Mr. Carlisle, Charles 8. Whitman,
Esq, Of CAllfornis was admitted an attorney and
No. so. Samuel Locke, plaintiff In error, 70. The
city Of New Orleans. In error 70 the Supreme
Court Of the State Of Louisiana. Mr.. Justice Field
delivered the opinion Of the court and affirmed the
Judgment Of the said Supreme Court In this cauSs,
with costs.
No. IT. Isaac Graham, appellant, vs.. The United
States. Appeal from the District Court Of the
United States for the Northern District Of Califor.
nis. Mr.. Justice Field delivered the opinion OF
the court, Affirming the decree Of the said District
Court In this cause. ...s. .....-
No 40 WIN. W. Bell, plaintiff In error, vs. The
Mobile spd Ohio Railroad Company. In error to
| the District Court Of the United States for the
Northern District Of Mississippi. Mr.. Justice Ds-
Wis delivered the opinion Of the Court Affirming
the Judgment Of the said District Court in this
No rs D. P. Holloway, plaintiff in error. vs..
Andrew Whitley. In error 10 the Supreme Court
Of the District Of Columbia. Mr.. Justice swayne
delivered the opinion Of the court reversing the
judgmeut Of the said Supreme Court, with oosts,
thsr proceedings In conformity to the opinion Of
| this court.
No. ST. Moses @. MOrdscai OF al, appellants, vs.
W. N. Lindsay, DO. Appeal from the Circuit Court
OF the united btAtob DhtIict ooutu thIO-
lima. Mr.. Justice Clifford delivered tho opinion Of
the court, affirming the decree Of the said Circuit
Court In this cause, with costs
| No. t6. Jas. Brown, appellant, vs. Eugene Bass.
Appeal from the Circuit Court Of the United States
for the Southern Distinct Of Mississippi Mr.. Jus.
tos Nelson delivered the opinion Of the court re-
vsrsipg the decree Of the Circuit Court In this
cause, with costs, and remanding the cause, with
directions for further proceedings In conformity to
\ the opinion Of this court.
NJ II
| Johnson. Appeal from same court. Mr.. Justice
Nelson delivered the opinion, reversing the decree
Of the said Circuit Court, with costs and remand
Ing tho causes with direction to award psnirs
TaeiaJ de Ropo.
No 90. The bark spriugbok, 10, appellants vs..
Tho United States. Appeal from the District Court
Of the United States for the southern district OF
New York. Mr.. Chief Justice Chase delivered the
opinion Of the court, reversing the decree Of the
said District Court, and rsmanding the cause, with
directions for further proceedings In conformity to
No. "a. The steamer Grey Jacket, 30, appel.
lants, vs. The United States. The argument Of
this cause was commenced BY Mr.. Butler for the
appellants.
On motion Of Mr.. Butler, VIM. g. spsas, Esq
Of Ohio was admitted an attorney and oeanssllor
Of this court.
l see
counsellor Of this court.
No. Il4. Tho schooner Caroline and cargo, ap.
psllant, vs. The United States. Appeal from the
Circuit Court Of the United States for the District
Of Maryland. On motion Of Mr.. Attorney General
Stanbery, this appeal was dooketed and dismissed.
| No. Q. Original. The United States vs.. the Hon.
Ogden Hoffman, District Jddge Of the United States
for the Northern District Of California, Tho mo.
tion for prohibition on the district judge
gusd BY Mr. Carlisle in support Of the same.
L = NJ "A Tka aNa nraw IAak kak MI
The United States. Tho argument Of this cause
was continued BY Mr.. Butler for the appellant and
By Mr.. Ashton for the United States.
| PuEs-1hs Gaze Of the GTsy Jdeket-Poper Of
th Secretary Of the TSsasnry 10 Rsmit for For:
Jsitrs Under the Act Of July Is, ls6l-Whieh
are Paramount, tie Prize Acts or Tia RsusaEs
| AetI2-Ths Steamer GTsy Jdekef and Cargo I'm
othy Msahsr Claimant and appellant, o. Ihs
| United StatsJ.-The steamer Grey jacket, o vessel
| Of four hundred tons burthen, and her cargo con-
ssting Of about Ave hundred bales Of cotton twenty
ave barrels Of fosin, some turpsntine and Tobacco
were captured on the high seas, between forty and
sixty miles south Of Mobile bay, and beyond the
limits Of the blockade Of that port the morning
Of December 81, 1858, by the United States steamer
Kennebsc, one Of the blookAdng vessels. The Grey
jacket had run out Of Mobile bay on the previous
night, under cover Of darkness, but was subse-
qusnty seen and captured for breach Of the block.
ade, and taken TO the port Of New Orleans and
there libsed as prize Of war, and subsequently, con-
demned.
In March, 1854. the claimant, who was master
Of the captured vessel intervensd, and claimed the
| vessel and cargo sole owner. In his deposition,
taken in preparitoriO, he swore the vessel wal
bound TO Havana, the voyage having commenced
at Mobile. "The steamer came out Of Mobile and
had gone 90 miles on her voyage to Havana when
| captured In case We had arrived ut our destined
port should have reshipped the cargo to port
where could have received a better price for It
than obtained there" Flyn, the mate, exam
insd the same way, after tostifying substantially
the same as to the voyage, said: ~ know that the
Grey JackSt, on the trip in which she was taken,
had attempted to sail oovertly and secretly from
the port Of Mobile, under blockade. She could not
| have left otherwise than secretly"
The cause having been heard on the preparatory
proofs and papers, the claimant moved for leave to
introduce further prooh, to the effect that hs was
loyal eitiIsn Of the United States and that hii
motive In removing this property from Mobile tC
Havana WAS to remove 1t ITO place Of security
beyond the power and control Of the States In re
bsilion." This motion the court refused II having
already appeared that he was resident Of Mobile
and that that portion Of tho cargo which he had
not purchased with . view to Its transportation
TO Havana" "had been produced on his own plan
tAtiou" and It having also appeared that the claim
ant was partner In house Of trade established IL
the enemy country, which owned the vessel and
half the cargo, ths rs'iSuS 0'io"gi"S TO tA' r'os
; 6oVWHmsHs. li
Appeal va then taken 10 this court. end uOtlOr