The New York herald., 1867-07-07
UNITED STATES SUPREME COURT.


Secretary Of the Trcnsury-When Illegal.
The Steamer Grey Jacket and Cargo, appeIlanah o.
The United States s-fhis Is q noted Of prize Tho
facts In detail have been heretofore stated In these
columns.
Mr.. Justice swayro delivered the opinion Of the
court:-Ths before by appeal from tho
District Court Of the United States for the Eastern Dis
trct Of Louisiana
In the night Of December 80, 1883, the steamer
Grey jacket was discovered running out OF Mobile
bay by the gunboat Kennebec one Of the blockadIng
feet the darkness Of the night enabled the steamer to
avoid the pursuing vessel; In the morning she was
endeavorng to escape to the southwark and east
ward; the Konnebec fired gun across her bows;
she hauled down her coors and hove to- tho captors
took Of her found to consist OF
about ve hundred bales Of cotton and few oher articles
Of small value she put In charge Of prize crew
and sent to New Orleans for adudcation the claimant
heaher. examined in prepardoris; be states that
he born In Maine: he had lived thirty years In
Mobile; he q citizen Of Alabama and owed his al
cgiance to that State; he captain OF the Grey
Jacket and owned the vesseand CARGO the vessel
bound for Havana; he built her Mobile; the
cotton with which she loaded was raised
in Alabama. Flynn, the mate. was also OK
amined. According 10 his affidavit, she sailed
under English colors, her machinery had broken down
and she In disabled condition when captured He
'The owners the vessel Captain Meaer and bro
ther" "They also owned half the cargo; the
balance for Confederate government account"
81 know the Grey Jacket; the trip In which she
captured had attempted to sail coverly and secretly
from Mobile, then under blockade sho could not havo
left otherwise than secretly" ~ n. and T.
Meaher owned the and half the cargo; the Con-
federate government owned the other half" Among
the papers found on board agreement between
fba slain md far vof1ro nd ~
the rebel government whereby IL stipulated that
"the government win furnish the whole cargo OF cotton
and will make the vessel half
of the cotton in consideration Of which tho do
agree TO deliver the other half belonging the govern
msn Havana, free OF charge, except half Of the
Of pressing and storing incurred at Mobile" That
''the said steamer return Mobile practicable
not then other Confederate port; and tho gov
is to be allowed half Of the carrying capa
city Of the steamer the return voyage" a rates spec
Ged and that 'n the event OF partial I,ss Of the
equally divided between the parties at the port
OF destination; and any loss Of the inward
general average far the cargo Is concerned"
heaher's affidavit IN pldori was taken on the 10th
in the and cargo and alleged the properly Of both
TO be In himself II concealed the ownership OF half
the cargo oy the rebel government and the contract
subjects word uttered On tho 21st OF March
be ned answer and claim, which do not differ mate
ordered the paper be stricken from the hes but gave
him leave 70 nile an affidavit which was accordingly
sets up an entirely new set Of facts According to It's
averments ne never sympa.hzcd with gave any aid
TO get away with much possible Of his property
He od not take his family with him lest might excite
suspicion and defeat hts object The rebel government
furnished OF the cotton with which his vessel was
laden He was compelled to that one-haif OF It
also to assent 10 the provisions of The contract with the
rebel military agent Otherwise hs would not have been
Havana 70 claim all the cotton Is bis property and to ap
proprase sbe proceeds entirely TO himself On the 18th
o. M@son sSs ns TOOK e. the me- 0sih oy e
He Ia not within any OF its exceptions and entitled,
by iis prgsisions g MS. TO The restoration restoration Of the
creo Is before Us for review In this cour, motion
order further proof enable claimant TO esab
ish facts set forth tho adavit his loyalty
parture from Mobile with the vessel cargo and also
TO enable him TO bring before this court the remission by
Of March, isco Of ali right and claim 10 the property 80
forfeited TO the United States, $50 far such for
na s s q ss q
receive tne paper ~ once without further proof and
rs properly IN tho = case The questions for our con-
Of the sh Of December 1885, In connection with oath
Of the claimant the proprsy Of making an order for
creary Of the Treasury entities tho claimant
ioraticn Of the vessel and csrso' The proposition
ment here were relied upon, the answers OBJ
vous and conclusive There b no satisfactory proof
that the claimant not 10 Of the classes Of the
cepisd persona His own a1sdavit. under the crcum
stsnces s coary Insufficient establish tho negative
property cases. where the rights Of third persons shall
have intsrvened excluded In terms the procama-
ion, The proclamation 10 founded the act Of
m asS as there ssDoosce1 Bosh inc ssss
| and proclamation are wholly silent ~ TO maritime
TX: the one - o spo ne neither S. has q any
subject can this proclamation be hold 70 sxtngush the
liability of and running the blockade and
&C. red in faCran. dsco II would be strange result
in such case II the subsequent oath Of the claimant
yere allowed 20 establish his innocence and compel the
restitution OF the property This is not proper case
Tor order FOR further proof The order IS alvays
made with extreme cauton snd only where the ends OF
| iuslce clearly require H. The claimant forfeited all
right 10 ask II by the guilty concealment In his nrst
aiiavit and his subsequent adavit and claim Tho
allowance would hold out the strongest temptation 70
subornat:on OF porury. There Is nothing ~ warrant
such an exercise of discretion We are entirely sat-
s6sd xh the testimony In this case and entertain no
doubt Of the OF the conclusions We draw
from H. II the allegations Of the claimant are true he
postponed bis effort to escape too long TO derive any
| benefit from H. The law does not tolerate such delay
The motion overruled The Of the Secretary OF
the Treasury does not affect the II 10 limited In
s terms the rights Of the United States arising from
forfeiture under the act OF July 10 1851 That act pro-
vdes hat oil goods and chatels wares and merchsn,
INTO the Other parts q the United sia,os .,,s
the vessel or vehicle conveying the same
| nothing 40 10 goods and vessels going from .
robel to . foreign or neutral port The Grey Jacket
was proceeding TO loyal state s true that after
this objection BY the Attorney General TO the
authority OF the Secretary 10 ntsrposs the claimant
amended his position by .nterinng the that
he attempting 10 take the property 'ins the loyal
So ths voysge But this does NOT recall what he had