The Portland daily press., 1872-01-30
WASHINGTON.
DECISION AGAINST THE DRAKE AMENDMENT.

oHSloiON AUAlNoI LILLE DhAhE AMENDMENT.
WASHINGTON, Jan. 30.-The Supreme Court
to-day delivered an opinion against what is
D known as the Drake amendment, which in eff
feet prohibits the reception by the Court of
Claims of evidence of amnesty and pardon on
the part OF suitors but allows the opposite par
ty to refer to such amnesty and pardon as evil
aen9s Of asGxaty ynsSa at sh r Hs 4
protested against the implication of previous
disloyalty contained in the official document
The Court adverted to the proclamation of
Lincoln in 1863 in which he granted amnesty
and pardon on condition of taking the oath,
ETC., with the restoration of all property except
ing in slaves. The Court asserts the full
power of the President in granting pardons and
amnesty, the acceptance Of which it cannot, it
says, be rendered Of no effect by the legislation
of Congress.
No other ruling can be made without allow
ing that the legislative may prescribe rules of
decision to the judicial department of the gov
eminent in cases pending before it, 1t is said
that Congress has inadvertently passed the linn
its which separates the legislative from the ju
dicial power, and it is of vital importance that
these powers be kept separate. Congress has
already provided that the Supreme Court shall
have jurisdiction of the Judgments of the Court
of Claims on appeal, and it cannot prescribe
rule in conformity with which the Court must
deny to itself jurisdiction thus conferred be-
cause its decision in accordance with settled
law must be adverse to the government and ia
vorable to- the sutton. The opinion was deliver
ed by the Chief Justice, and as to the constitu-
tional question involved it is unanimous.
THE KENTUCKY CASE.
| In the original case of the State of Kentucky
| VS.. the Secretary of the Treasury, there being
an application for madamus to compel the
! Secretary to pay the war claim of the State, a
| rule to the Secretary to show cMlse why the
writ was issued was ordered.
OTHER CASES.
| In the case from the Circuit Court of Alaba-
ma, the Court decides that the proclamation of
| the President April 2, 1866, declaring the war
| terminated in certain States, including Alaba
| ma, as abe termination of war TO the State. In
| the case from the Supreme Court of California
it is held that champagne and wines imported
| by merchants of San Francisco, and still in
| original packages in storage in the warehouses
| of the importers, were not subject to the tax
! ing power of the State.
| THE COURT OF CLAIMS.
| In the Court of Claims to-day, Judge Knott
| delivered the opinion of the Court, denying the
| motion of the United States for new trial in
| the case of John Silvey involving about $27, =
600 worth of cotton seized at Atlanta, Ga. The
| motion was made under a statute enacted a year
| ago, authorizing the government within two
years after the decision of the case, to move fol-
a new trial upon the discovery of fraud, wrong
| or injustice to the United States and this de-
cision is important as giving the construction
| gence required on the part of the government
| and kindred questions, Chief Justice Drake
and Judge Loring dissenting.
| THE APPoRTIoNMENr BILL FIJI.
The apportionment bill as it passed the Sen
at 2S3. by this bill Maine retains five mem