Year: 1867




Prize Military Commanders Cannot Authorize
Trade beyond Their Lines-The President
Only Has Power To Grant such Licenses.


MONDAY April 20, 1857


The Schooner Sea Lsom and Cargo tie United Sases-
This appeal from the Southern District
OF Florida and Is prosecuted to reverse Judgment OF
condemnation against the schooner Sea Lion and her
cargo OF cotton. The recontly reported in
the HEaALD The schooner given up to the United
States block aiding ships Mobile. by direction OF the
claimants May o. 1868 They insisted that under
license permit issued by the agent OF the Treasury
Department and Collector OF Customs at New Orleans,
February 1863 approved BY Rear Admiral Farragut.
then in command OF the Gulf s9uadron, and pursuan
commander OF that department. General Banks) that
the commander Of the vessel to whom tho Sea Lion was
given up should have her TO New Orleans instead
OF Key West, where she was libelled. Il was claimed
that the permit given by the special agent the claim
vhsre within the waters and territory under he conr
the United States civil military authority that the
night to grant such permits was incident TO the Office
and functions exercised by the special agent the time
he issued it, that the permit was not revoked Of
modified before the capture OF the Sea Lion thai the
Sea Lion was captured in violation or the orders OF
Admiral Farragui, by vessel under his command and
was therefore illegal; that the order Of General Banks
claimants within his department
Mr. Justice Swayne now read the opinion or the Court
affirming the decree OF condemnation, holding that the
permits unauthorized by the Treasury Regulations
issued by the Secretary Of the Treasury and were
fore VOID On the contrary tho permits were Ia conflict





such permits found no warrant In the statute which
provided that the President should license tde OF this
which such trade should be regulated when ssabshsd
The orders OF General Banks endorsed by Admiral Far
raeui authorsng trade beyond his military nes were
clearly VOID. The President only could grant such a
license The weasel and cargo bore the stamp of the
enemy property. The paper relied upon nullty
ana gave them no protection They much liable
to capture and condemnation as any other vessel or
cargo leaving bockaded port and coming within reach
of blockading vessel.


The Massachusetts Liquor Laws-A (:oyern-
mcnt Tax ON Liquors sold Does Not Author.
fzc the Trade IL Prohibited by state Law.


William C. Fsrraar, Piaintig in Error, ps The Com
mon,osaM Of Massachusetts, case has been fully
reported The questions were-First whether the pay.
ment of tax to the United upon the sprituous
liquors kept and sold by the plaintiff n error authorized
him TO keep and sell them violation OF the statutes of
Massachusetts,; and second whether tho statutes OF
Massachusetts, In this behalf were unconstitutional The
Superior Court OF Massachusetts, answered both these
questions IN the negative, and they brought
Mr. Chief Justice Chase now read the opinion of the
court affirming the judgment below and holding that
the oncnce is based act OF Congress which spech
cay declares thai the imposing Of the tax shall not be
taken to abrdge the power OF the State to tax or pro-
mot the licensed business: that the sale Of homemade
exclusively TO State contro that the article
by the general government does not Affect the traffic as
between the state and it, cxens and that the State
law fnng and imprsoning parties guilty OF the acts
charged upon the plaintiff In this case Ia entirely
constitutional and valid The object OF the Law was 70
protect the community against the manifold evils OF in
Temperance Tho mode adopted OF prohibiting under
penalties the sale and keeping for sale Of intoxicating
nearly all OF the States nothing in the record
nor IN OF the statutes cited which the
10 saying that the State law is in conflict with the
stitution of the United Sates Tho penalties are not
unreasonable. Judgment affirmed.
The Court announced that no now cases would bc
sksn up after he 10th Of May - the Court will adjourn