International Law Part 55

Decree.--Filed May 27th, 1898. E. F., _Clerk_.

FORM OF DECREE OF DISTRIBUTION.

DISTRICT COURT OF THE UNITED STATES, SOUTHERN DISTRICT OF FLORIDA.

_The United States_ +Prize+ v. Captured,__________ 1898.

_________________ _________________

A Final Decree of Condemnation of Vessel and Cargo having been p.r.o.nounced in this Case, and no Appeal being taken, and it Appearing to the Court that the Gross Proceeds of the Sales are as follows,--to-wit,--

Vessel, Cargo, Total,

And the Costs, Expenses and Charges as taxed and allowed are as follows,--

Marshal's Fees and Charges including all expenses of Sales, Advertising, and Auctioneer's Commissions,

District Attorney's Fees,

Prize Commissioner's Fees and Expenses,

Clerk's Fees,

Leaving a Net Residue of ____________________($______)

And it appearing to the Court upon the Report of the Prize Commissioner, that the U. S. S. _________________________________________________ Commanding, was the sole Capturing Vessel, and ent.i.tled to share in the Prize, and was of Superior Force to the Captured Vessel, and it appearing that the Marshal has paid and satisfied the Bills of Costs and Charges as herein taxed, and allowed, it is +Ordered+ that the same be paid to him out of the money on Deposit with the a.s.sistant Treasurer of the United States subject to the Court in this case, and it is +Further Ordered+ that the said Residue of the Gross Proceeds deposited with the a.s.sistant Treasurer in this Case be paid into the Treasury of the United States, for Distribution, one half to the officers and crew of said---- and one half to the United States.[502]

_____________________ _Judge of the District Court of the United States, for the Southern District of Florida._

APPENDIX IX

DIGEST OF IMPORTANT CASES ARRANGED UNDER t.i.tLES

15. +Precedent and Decisions+

_Bolton_ v. _Gladstone_, 5 East, 155

In an action on a policy of insurance in 1804 on a Danish ship and cargo warranted neutral and captured by a French ship of war (Denmark being at peace with France), it appeared that the court in which the Danish ship was libelled declared her good and lawful prize. Held by Ellenborough C.

J., "that all sentences of foreign courts of competent jurisdiction to decide questions of prize" were to be received "as conclusive evidence in actions upon policies of a.s.surance, upon every subject immediately and properly within the jurisdiction of such foreign courts, and upon which they have professed to decide judicially."

_United States_ v. _Rauscher_, 119 U. S. 407

The defendant was extradited from England on the charge of murder committed on an American vessel on the high seas. He was indicted in the United States Circuit Court, not for murder, but for a minor offense not included in the treaty of extradition. It was held that he could not be tried for any other offense than murder until he had had an opportunity to return to the country from which he was taken for the purpose alone of trial for the offense specified in the demand for his surrender.

21. +Recognition of New States+

_Harcourt_ v. _Gaillard_, 12 Wheat. 523

This case is fully stated in the text, p. 42.

_Williams_ v. _The Suffolk Insurance Company_, 13 Pet. 415

This case held that when the executive branch of the government, which is charged with the foreign relations of the United States shall, in its correspondence with a foreign nation, a.s.sume a fact in regard to the sovereignty of any island or country, it is conclusive on the judicial department.

_State of Mississippi_ v. _Johnson_, 4 Wall. 475, 501

This case held that "a bill praying an injunction against the execution of an act of Congress by the inc.u.mbent of the presidential office cannot be received, whether it describes him as President or as a citizen of a state."

_Jones_ v. _United States_, 137 U.S. 202

This case held that the determination of the President, under U.S. Rev.

Sts., -- 5570, that a guano island shall be considered as appertaining to the United States, may be declared through the Department of State, whose acts in this regard are in legal contemplation the acts of the President.

55. +Vessels+

_Wildenhus's Case_, 120 U.S. 1

This case held that the Circuit Court of the United States has jurisdiction to issue a writ of _habeas corpus_ to determine whether one of the crew of a foreign vessel in a port of the United States, who is in the custody of the state authorities, charged with the commission of a crime, within the port, against the laws of the state, is exempt from local jurisdiction under the provisions of a treaty between the United States and the foreign nation to which the vessel belongs. The Convention of March 9, 1880, between Belgium and the United States was considered.

64. +Extradition+

_In the Matter of Metzger_, 5 How. 176, 188

This case held that the Treaty with France of 1843 provides for the mutual surrender of fugitives from justice and that where a district judge decided that there was sufficient cause for the surrender of a person claimed by the French Government, and committed him to custody to await the order of the President of the United States, the Supreme Court had no jurisdiction to issue a _habeas corpus_ for the purpose of reviewing that decision.

101. +Non-Combatants+

_Alcinous_ v. _Nigreu_, 4 Ellis and Blackburn, 217

This was an action for work and labor brought by a Russian against an Englishman during the Crimean war. Lord Campbell said: "The contract having been entered into before the commencement of hostilities is valid; and, when peace is restored, the plaintiff may enforce it in our Courts. But, by the law of England, so long as hostilities prevail he cannot sue here."