Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-01-30
WASHINGTON.
NOtableSupreme Court Decisions
The Drake Amendment ct ais.
Forcing Abbott into the Senate.

IuC DTdNc AukcuuH1tHt tI ais,
Forcing Abbott into the Senate.
WASHINGTON, Jan. 29.-The Vance
Abbott contest viii be sgain taken up on
Wednesday,
The Drake keAnlendment-The SuDreme
COurt Rebuhes Congress.
The Supreme Court to-day delivered an
opinion against what is known as the Drake
amendment, which in effect prohibits the
reception by the Court of Claims of evil
dence of amnesty and pardon on the part of
sultors, but allows the opposite party to re-
Ter to such amnesty and pardon as evidence
OF dlsloyalty, unless at the time of receiving
pardon and amnesty the recipient protested
against the implication of previous disloy-
atty contained In the official document.
The Court adverted to the proclamation
Of President Lincoln of 1868, which gran
ted amnesty and pardon on condition of
taking the oath, etc, with a restoration of
property, excepting in slaves. The Court
asserts the full power of the President as
to granting pardon and amnesty, the &C
I ceptance of which cannot, it says, be rem
dered Of no effect by the legislation Of Con-
/ gress.
In this case the Court of Claims render
ed judgment for claimant, and on appeal
it is taken to this Court, and it is directed
to dismiss the appeal, if it be found that the
! judgment must be affirmed because of the
! pardon granted to the intestate of claimants.
/ This cannot be done without allowing that
| the Legislature may prescribe rules of de-
/ cision to the Judicial Department Of the
Government in the case pending before
! it. 1t is said that Congress has inadvert-
emily passed the limit which separates the
legislative from the Judicial power, and it is
OF vital importance that these powers be
kept separate. Congress has already pro-
vided that the Supreme Court shall have jU-
risdiCtion of the judgments of the Courts
of Claims on appeal and it cannot prescribe
a rule in conformity with which the court
must deny to itself the jurisdiction thus
conferred} because its decision in accord
ance with settled law must be adverse to
the Government and favorable to the suitor.
The motion to dismiss is denied, and the
judgment of the Court of Claims affirmed.
The Chief Justice delivered the opinion.
Justices Miller and Bradley dissent on the
ground that there was no interest in the
former owner of property under the cap
tTed and abandoned property act, when
property had been sold and the proceeds
paid into the treasury under it. They con-
cur as to the constitutional question involved
that was raised by the amendment.
Kentucky's Claims.
On the question of Kentucky Us. the Sec
retary of the Treasury, to compel the Sec
retary to pay the war claims of that State,
a rule to the Secretary to show cause why |
writ should not issue, is now ordered.
The War Period.
In a case Of appealfro the Circuit Court |
of Alabama, the question arose, when the |
war began and when it terminated. The |
court, for the purposes Of this case, assumes |
the proclamation Of the blockade to be the |
commencement Of the war, and takes the /
proclamation of the President of April 8, |
1866, declaring the war terminated in GER
tain States, including Alabama, as the ter
of the war as to that State.
The Cotton Seizures.
In the Court of Claims to-day, Judge
Knott delivered the opinion Of the court de-
uying a motion Of the United States for
new trial in the case of John Silveny in
volving about S27 600 worth Of cotton seized
at Atlanta. The motion was made under
statute enacted year ago. authorizing the
government within two years after the de-
CisiOn Of a case to move for a new trial on
the discovery Of fraud, wrong or injustice
to the United States, and this decision is
important as giving the construction Of the
court to the statute in regard TO the dill
genCe regnired on the part Of the govern
ment and kindred questions. Chief Justice
Drake and Judge LOring dissented.
2S3.
The apportionlIent bill, as it passed the
Senate, fixes the number Of members Of
The House Of Representatives at 2S3.
Leather.
The Ways and Means Committee heard
.he leather tanning men to-day. q. W. Al
en, of Milwaukee, argued in favor of a re-
luction of the duty on leather and re-
noval on hides. Foreign raw hides are
now taken 10 Canada, where, owing to
cheaper labor and tanning material, they
are tanned and exported for our own trade,
At present the Canadians have an advan-
age of eleven per cent over US. Jno. B.
Alley, opposed TO a reduction Of the duty
)n leather, presented a protest of three {
Gather dealers of Boston, who believed !
hey expressed the sentiments eff the leather
aiming trade.
Tomorrow the wood and lumber men
viii be heard.
Burnt Tobacco Stamps.
A number of tobacco manufacturers in
Chicago having petitiOned the Commissioner |
# Internal Revenue to refund the value of
tamps on tobacco packages destroyed by
he great fire, the Commissioner decides I
hat he has no warrant Of law to grant the
alief asked. Congress only can give the t
eIief asked. ,