The New York herald., 1870-03-15
UNITED STATES SUPREME COURT.
Decisi0ns-legaIity OF Provisional Courts Es-
tablisbed During the Rebellion Amrmcd.-
UncOnstitutiOnaiIty OF the Act Removing
Causes Afier Triai-Eounty for Soldiers Dis.
charged for Disability.


Causes After Triai-Eounty for Soldiers Dis
charged for Disability.
WASHINGTON March II, 1870.
The HlrE GYapeshOf Geo,ge Lam GlosHsaaf, as.
Woterstee, NGsset ct. a.; appeal from the circuit
CO,trt for the District OF LOnts0na.rhe Grapeshot
was seized under an Admiralty warrant and sold to
pay advances Tor repairs III pursuance OF decree
OF the District Court below, made before the war.
Appeal was taken TO the Circuit Court, wherein,
November, 1860 an order was mace by Judge Camp
bell continuing the case, with leave 10 the partes
TO take further testimony. The case was In this
condition when the war broke ont, ana nothing fur
ther was done In IL until 1865, when motion was
made IN the Provisional Court OF louisiana,
established py President Lincoln III 1882, for
a rule requiring the claimant to show cause
why the proceeding should not De removed
from the Circuit Court 10 that court The claimant
consented to the removal, ana Judge Peabody there
subsequently affirmed The decree of the District
Court. Ina case was brought mere. where 1t was
eontended that the decree OF Judge reapody was
nullty, because his court was established without
constitutional authority. The Chet Justice deiiv.
cred the opinion or the Court, holding IN substance
that the President had Inc same power to authorize
such provisional courts in the absence OF the regu
larry constituted tribunals OF the country as It's ter
rtory was reoccupied. the same IA he mad TO estaO
iish military courts and that their adIudcatons
were valid; Dut on The merits the decree below was
reversed and the case renaaded TO tue Circuit Court
now existlng m the place OF tue Provisional Court,
with directions To refer the account Tor repairs 10
commissioners, TO act underline instructions OF the
Court
J,uicdt Disatc OF Ne,o Yorh Us. me United States
er rel, MURRAY d Buchiey.-Tne questions presented
for decision in this cause were whether the act OF
Congress providing Tor the removal OF cause for
new trial In he federal court. after Judgment by
State court Is CONSTITUTIONAL: and, second whether
the provision OF the constitution which declares that
no fact tired by Jury Shall be otherwise re-exam-
med Ill any court OF the United states than accord
ing to the rules OF the common law applies to
facts tried by Jury III state court MI. Jus
tlce Nelson delivered the opinion OF the Court,
holding substantially that the clause OF the
act oI 1868 which provide Tor the removal
OF after Judgment from the state 10 the fed
eral courr was not Ill pursuance OF the constitution
and was therefore void. Toe conclusions arrived at
In respect 10 the second question stated ABOVE
amount TO answer IN the ai rinatlyc. The cause
Is remanued with directions To dismiss the writ Of
error 10 the state court and all proceedings under
IT, Tins Is the false imprisonment case OF Patre vs.
Murray and one OF his deputy malshas, and which,
after Judgment against the defendants. IL was AT
tempted remove 10 the Circuit Court OF the United
Stales by writ Of error under the ac1 IN question
supported toy writ OF mandamus the Judges or the
State court declining to send up tn" recora OF jadg-
ment
Tne Tn,ted Ssoses rs. Henry j. Hosmer--Appent
from the C0u,t Of Cidttas.-A Judgment was given
below for the claimant for $io3 bounty for enlist
ment unuer the Presidents call for vo lunteers in
1851 he having been discharged for dlsab lilly upon
a surgeons certificate. The question was whether
under the act OF Congress ratifying the act OF the
Executive the clalnant could recover, the act pro-
ydnv that two years. service should have been rem
dered 20 eat,e the solder to the bounty unless dis
charged Tor wounds. Mr.. Justice Swayne delivered
the opinion OF the court, holding substantially that
the proclamation Of the President and the general
orders OF the War Department stpuiatng TO pay
500 for each volunteer followed by the enlistment
OF the claimant, constituted valid contract be-
tween the government and the claimant upon which
TIC entitled 10 The bounty, he having oeen nom
oraoiy discharged. even though he dio not serve
two years nor was discharged for wounds. The
Judgment was affirmed.
TIE Uhfted states Us. Letcis Ae71IH-df7 f7ledf rom
NE court or Clains.-The question lor decision in
TINS case was wnetner colonel OF volunteers. who
was al the same time officer OF the regular army,
was entitled, upon beng discharged from the voun-
eer service anu fesfuifug hfs duty ana rank IN the
regular army TO tue three montns' pay given by the
act OF March 1852 to ali officers OF volunteers be-
low the rank OF Drigader general at the GATE OF the
act upon their discharge from the service. The
Court Of Claims gave Judgment Tor the
claimant winch was now reversed oy this
Court Mr.. Justice clifford delivering Inc
opinion. The Court took the view that 1t
was the Intention Of Congress 1hat the Otiicer
receiving sucn pay should be nrst discharged from
tie military service OF the United States, ana not
merely IRON The volunteer service, and that 1t vas
not the purpose OF the act to allow three months
additloBai pay to an officer who was at the same
time drawing pay and allowances as an officer OF
the army Inc cause was remanded, with dlfec-
tons 10 dismiss the petition.