The New York herald., 1869-02-16
sUrREmE COURT OF TIE UNITED STATES,


Decision in the Case Of the steamer Gcorsia'-
Gold Coniracts To be Enforced-Writ Of
Prohibition Against Julge Underwood WITH
held.
WASHINGTON d. c.. Feb. l5, 1869.
The following decisions were rendered in the Sn-
prenie Court TODAY
No. 65-7ne Steamer Siren her tackle, de-, The
Uhion Horseshoe COMPANY InterrenOTs, rs. TIE
tackle, &C., Harry S. Racket ct al, Interre,ao,s and
Claimants, Appellants, rs The United States. Ap-
peals from the District Court OF the United States
for the district OF Massachusetts. Justice Field de-
livered the opinion Of the Court, reversing the
DEGREES OF the said Court and remandlng the cases
with the opinion OF the Supreme Court. Tho de-
cison, through Justice Field Is that where prize
vessel ls IN charge Of prize crewl and by her fault
she collides with and damages another vessel lien
attaches for such damages, and that upon the con.
domination OF the prize and sale the Court is author
ized to order payment out OF the proceeds OF SALE
No. 42-The Steamer Georgia appellants, Us. TIE
United Stdtes.-Appeal fron the District Court OF
the United States for the District OF Massachusetts
Justice Nelson delivered the opinion OF the Court,
affirming Ethe decree OF the District Court In this
on her SAILING out Of the port Of Liverpool was law
fu, and that she was properly condemned as prize
OF war. This cause win be remembered as that
which gave rise TO considerable correspondence be-
tween Minister Adams and the British authorities at
the time OF her capture. The Georgia was built In
England and originally called the Japan, and was In
the Confederate service. She purchased 1862,
her armament removed and the vessel converted
into merchantmen. The Court held that ships OF
the public enemy could not be thus purchased rs
thereby the United States would be deprived OF legal
prize and an opportunity afforded for such ships TO
evade their pursuers. Az the time OF her sale the
KearSarge and sacramento were In adjoining waters
having been in pursuit OF her. The kearsarge sub
sequenty sunk the Alabama or the coast OF France.
IL was true that the armament had been removed; !;
but this could have been restored the vessel having
retained her supports and stays Tor the cannon, NC.
No. 69.-FTedertcb Bronson, Executor, Gc.,
court or appeals or the STATE or rem Yort-Chief
Justice Chase delivered the opinion OF the court
should be enforced by the according to the in
tent OF the parties. In this case q mortgage was
made TO secure payment OF $500 in the State OF
money should be paid in coin the legal money OF the
United States. In January, is65, tender was made
in treasury notes. which was refused and this action
was brought to enforce such payment and secure q
ratification OF the mortgage in pursuance thereof.
The Court OF New York held that the tender was
discharge OF the mortgage, and directed II TO be
celled. I Tle supreme Court now hold that there
TWO descriptions OF lawful money In circulation,
both sanctioned by the law and botn thereof
legal tender; that IN view OF this fact
contracts for payment must be enforced,
and that where com ls provided TO be paid Judgment
snouh be for such description Of money; but where
no description Is namde judgment should be entered
generally without specification. The Judgment OF
the New York Court Of Appeals Is reversed with
costs, and the cause renanded for further proceed
ings iu conformity TO proceedings or the Supreme
Court. Justices Davis and Swayne concurred, briefly
rcpuTdtc MIier
6ented
No. 6l.-So,o,aoa r. Wool a o.. Appellants. u.s.
The United Stdtes-Appenl tronuthe court or Cgaas.-
Justice DAVIS delivered the opinion Of the court,
aiirming the decree Of the Court Of Claims II APP
pears that Nicol Co. paid certain duties spirits
bus did NOD pay them under protest. Thts 10 e hssl
excludes them from seeking relief Tne law pro-
vides that where duties are paid under protest an
application To recover may be made; but IN the
present case relief Is excluded.
No. IL fOrfgTlG. J-Er pdrte the state or Virginia
Petitioner PETITION ana Notion ror Writ ar Poh.
bition-Mr Justice Nelson announced the following
order OF the court In this cause. The Chief Justice
who holds by allotment the Circuit Court for the Dis
trict OF Virginia, has Informed the court that before
the pending motion for prohibition was made he
sigDincd 10 the District Judge his dissent from the
opinion expressed by him IN favor OF the allowance
for the wrts OF habeas corpus complained or In the
petition: and that he has advised the District Judge
now holding the Circuit Court, to direct that this
division OF ofopnon In respect TO the mvtion for the
writ now pending In the case OF Peter Phillips be
certified to this court. There ~ nothing the pro-
vsional order staying iurther proceedings by the
District Judge which can be properly construed as
prohibiting this cause, ana 1t Is expected that the
certificate Will be filed at an early day ON the first
Friday thereafter this court viii hear argument upon
IT, and In the meantime the decision of the court on
the motion for writ OF prohibition pending will be
withheld
The application for a writ OF habeas corpus In the
case OF Sprangler and Arnold, the Dry Torlugas pg-
SOEer rs Ii 10 be argued.