Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-02

% he Hecrstsry o. the Navy 70 distribute TIE
bounty Of the qoEsInment without an adJudi.
70 i've 70 or 70 withheld, and II IL give, TO say
b distribuied. II has given that power 70 the
g he oouSts Il i QUITE true nat 10 .sVsrai
court did assume jurisdiction over questions
written request Of the Secretary q the Navy,
mialed, pefhaps, to sons extent by the ex.
ample Of the prize courts in England, Without
10 regard 70 The manner b. Which those soSf,s
aogulred their authority. ...
The consent Of the SscrotAry could not con
isrA lurisdietion not granted 20 the court BY
bounty money shall be distributed By the Sec.
relay OF the Navy A. prize money 10 distrib-
utsd AmonEat the ofnoern and crews, the Sec
any decision the court might make, ~ such
decision were not Agreeableto hisown opinion.
But the learasd and able proctor for the
gumsDt very much on the provisions oontalnsd
In the twenty eighth section OF the act 81 1894,
and for that reason propose 70 transcribe u
"Sse rs. Ind b. q further Enacted, That In
ease Of any oApturs heretofore made, " BY
reason OF lts condition, or besauss the whole
States, no paftof the captured property has
bees, or ESQ be sent ia for adjudication, or ~
the captured property be entirely lost or de
oommsnsed ia any district the Secretary ofths
Navy may designate. fAnd, In any such case,
the proceeds Of anything aeid, or the value Of
the ooveTnmsnt, shin be deposited with the
Assistant Treasurer 10 or nearest TO that dis
triot, subject TO the order Of the court In the
for adjudication, the sserstsry Of the Navy
shall not, within three months after any cap
turs, designate district for the Institution OF
seedlings for adjudication In any district. And
H. In any case Of eapture no prooesdlnEs for
adjudication shall Be eommenoed within .
iursd property may, 10 any district court, as
court Of prize, move for monltion 10 show
cause why such proceedings shall rot be CON.
souS, a. r,,tisut,oS, soS ,Se mop,tion l,susa
for the United States for the district, and on
The Secretary Of the Navy, n vel q on such
notInedn -
This section Of the 40. appears to have no
application to ANY elain for bountL money,
been captured arst and Afterwards destroyed
or lost or appropriated TO the use OF the Uni
ted States, or IN consequence Of their eondi..
ton not at to be sent ini and directs how, and
when, and whore IN such cases proceedings
may be Instituted for condemnation az prize.
The libel 10 the present case does not aver
that any vessel OF the enemy was captured By
the squadron, nor that any v as taken As prize,
nor does II eontAin = prayer for condemnation
Of any a. prise, or for prize money, nI whole
those appropriate only to q claim for bounty
money under the eleysnth section.
Whethsr libel alleging that the destroyed
prize could be nAintainsd By the facts 10 this
ease, n perhaps more than doubtful. Bounty
or head money, II would seem, 10 All that could
the enemy had not been ssptured, but simply
Il appears to be quite evident that this sec.
tion has no referesse to proceedings to be In
For thess reasons, and for these only, am
Of opinion that the libel OF Information should
be dismissed. . . .... O.. A.
In the case Of David g. Farragut, for him.
self and others 70. the ship Metropolis ct al,
Judge Wylle delivered the following opinion
This 10 . libel OF Information nled by Ad-
mlrAl FArrAgut on behalf OF himself and the
otheera and men OF the Western Gulf Squad
roo AgAin.tA large number Of AIMED vessels
M eeSns1F 70 W LA le S SSntsds 6s SSu
boats and other vessels not armed, aud other
property OF large value belonging to oitiKens
o. ,.ld so,ss.sd o01isds ,, sMs.ss' al cap
and on the river Misaislippi, between the 72d
OF April and the lat Of Nay, 1854, during the
late rebellion. pfayins that said vessels and
war, and their pTooeedn may be distributed 40.
cording 70 the law OF prize. ~,
The most q this Pr'Rsr'y was SPPEoPEla,!!sdd
States, Gons OF Il Lost Through accident, and
sons Of It deStroyed, 80 that no part has been
brought IN for adjpdicAtion, .r-.1...
The libel OF Information In this case has not
been hied either BY the District Attorney OF
on behalf Of the Government, but solely on
behalf Of the eaptors, and By their owe pfl.
on the 18th Of April, 1850, GRd monitlon issued
and served on the Secretary Of the Navy and
on tho District Attorney. -
On the 10th Of November, the District At.
torneJ presented q pstition TO the court pray.
Ing that an order might Be made to admit the
United States a. q defendant 10 the cause,
Nth isATs e pssS sHa M ssi ssSu n
on behalf OF tho United States to the libel OF
Information IN ths usual form OF . general de-
NpurreI 20 declaration In action At common
AGrrsf. AndItB ta'tdNnnStsme OAtfeh'n
These steps, 10 pleading, seen to the eour.
TO have been inAppropriats, TO say the lealt OF
then The r as@unfS[ oIEn, nos 70 sa a 9s ss
United States TO be a defendant In the cause,
for the District Attorney possessed no author
ity 70 make such @9:lS s1 On y, osha or me
to lbsi OF lnfoImAtion 10 form Of pleading
unknoUn TO courts Of prize. ...-..n.I.f.
we have then Ss; a., u ShIsa esi III
for the oaptors, against certain vessels Of war
belonging to . public Enemy, eaptured on the
high seas In oontemplation Of law, las these
the linits Of maritime and admiralty jurisdic-
4 a.. 3 k.ee y -
uon, " Mnieh thnS hAs W. RIsPS
eIty oAp.uIes ny % oohu smneu - pn " ~. oi
nnsr, ana ~ the,e hV apps pea ~ o. nv S
5@set Win lhS nha t 70 eAtoh
OF we SovetnhShps Z IrI,, IN 1s q, I'LL.
% the other sde the Hnnea States apPeAl
S W. n n.nn,. ssmn,rns ~
the neel, without asserting any claim TO the
prp9kertY, 10 itssiLf ,,o..
nna n.., sIis.s m sst,,,Itns
Iheae enbtrIAnsn, ehSepL ~ IetuInInk
upon OUT usps, sssuns su " we ssnsonss =,
9Sodi%S stiS1 s.SiEi1. Guy me spPesTAass S 2.
q sp ss' 70 Sss "
uon, 30 that the proceealnF shaI appear 70
have been instlntSa - Nsn on oehAh % 'ho
doIernment As 81 ne eaPton. a,
70 make rH "a ,h ss sSnniP iits,Ss ~ a.
uovornmehh anu inc Acquisitions u WAT %
long 70 ~ Aone, .,--,,-
The Iorm gu ~ uasns Rti.S ~ tnat , tns shlp
or ether captures propeEIy u sneeot 70 eonhs,
O Osi.o ~ IN ~. ffnrsa ssstSa H00a anu
There can be p. valid condemnation as
prize Of war eneep. 70 the SoIeInnenti
The 9oIernmsntI hoMeyeI, haa, ~ us owe
statutes, asolArea Anu plonlssa thnt t ne pro
oeean o. puutsi VIZ os' ~. peisohg
Wholly Or IN pAtt 70 ths eAptetl. bht eslo!e