The New York herald., 1871-03-23
THE COURTS.
Charge Of Illegally Removing Whissey-Allegsi
Pcrjury-CrusltT to cearaen-Action for DAM
eges to Health Oh an Ocean stsamaaip-
Another Divorce Case = Decisions.
UNITED STATES SUPREME COURT.

Jurisasctien Of Courts IIartial-- Right of
Aliens TO Maintain Actions Against tho
United States.
WASHINGTON, March %, 1871.
No. l09. Samuel n. RANKIN u.s. The State or Ten
s,essee.-Error to the Supreme Court OF tennessee.
The plaintiff in error, with eleven others, was IN
dicted for murder In the Circuit Court OF Jefferson
county, Tenn. The defence pleaded was that at tho
time OF the murder he was in the military service OF
the United states, with the rank OF nrst eutena Mt
OF cavalry, bound to obey oil lawful orders OF his
superiors amenable to tho penalties OF the law ana
subject TO the jurisdiction OF general courts mart al
established by The laws OF the United States, and
that nc had been arralgned before such a tribunal
tried, acquitted and discharged. The plea OF ac-
quittal was held to be good and the Judgment was
for the prisoner. The Supreme Court OF the State
reversed the Judgment and remauded the cause for
trial on the Indictment inc yhe argument on the wrt
OF error Is that the trial by court martial was legal,
and that the prisoner, having been once put i
jeopardy OF his life" under the act OF 1853, esteb
which he is now charged, he cannot. consistently
with article NTH OF the amendments 10 the constit-
mon a 6e again put IN IN ieopard by being subjected
No. 2So-The United States Us. James OKeece-Ap.
peal from the Court Of Clai,ns.-The claimant in
this case is subject OF Great prltain and nis right
to MAINTAIN his action In the court below under the
Captured and Abandoned Property act Of 1868 is tho
question 10 be decided. That act gave to citizens
or subjects OF any government which accords 70
citizens OF the United States the right to prosecute
claims against such government in It's courts the
right 10 recover by process in the Court OF Claims
the proceeds OF captured and abandoned property
In arriving at It's conclusion that the Cai mant was
entitled to recover, the Court OF Claims found as
matter or fact that the government OF England ac-
cords 70 its sub ectS ana aiens the right prose-
cute claims against 1t by petition of right given by
the common law Of England, aud regulated by
siatute 23 and "A Victoria, July 8, 1850, as to
the mode OF procedure, In which The petl-
ton addressed TO the King is, by his nat
Endorsed thereon, directed to court Of this king
dom to hear and determine the case. The nat,
except In very extraordinary Case is gra nted
matter OF right to any suppliant, subject or alien.
The petition Is in form addressed TO the grace and
favor OF the King but IN practice ia left at the office
or the Home Secretary, and the fiat s then obtained
as matter Of Official routine. The Attorney Gene.
raj maintains here that the facts thus found not
sufficient 10 support the conclusion OF law rested
upon them, because 1t is not found that Great
Britain accords an Independent right to sue tnat
government. The mode OF proceeding Is by petition
Of right addressed 10 the Sovereign Tor permission
to bring the suit which is not granted as matter OF
course, but OF royal discretion The right granted
BY the act under which this suit was brought ls q
different thing altogether; absolute perfect, without
the consent OF the executive and the act intended to
require reciprocity. The appellee maintains that
the fiat OF the crown upon the fling OF the petition,
Is always granted aS matter OF right ana Is issued
as matter OF course never being withheld, except
In very extraordinary case.