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United States v. Klein U.S. 128 (1872)

handle is hein.slavery/ussccases0358 and id is 1 raw text is: *NITED STATES V. KLEIN. Syllabus. eluded), it says, that if any such embezzlement, loss, or de- struction shall be suffered by several freighters or owners of goods, wares, or merchandise, or any property whatever, on the same voyage, and the whole value of the ship or vessel, and her freight for the voyage, shall not be sufficient, &c. Surely this language is broad enough to cover damage by collision, as well as other damages. And the close connec- tion and dependency of the two sections, require a construc- tion to be given to the one coextensive with that given to the other, if it can possibly be done without violence to the language. The decree of the Circuit Court will be affirmed, with di- rections to suspend further proceedings thereon until the respondents (the appellants in this court), shall have had such reasonable time as the Circuit Court may deem suffi- cient for taking the proper proceedings in the District Court for the Eastern District of New York, for apportioning the damage sustained by the various parties in this case. The costs in this court and the courts below to be equally divided between the libellants and the respondents. Also, process against the stipulators to be suspended to abide the event of the suit. Mr. Justice STRONG was not present at the argument in this case, and took no part in the judgment. UNITED STATES V. KLEIN. 1. The act of March 12th, 1868 (12 Stat. at Large, 820), to provide for the collection of abandoned and captured property in insurrectionary districts within the United States, does not confiscate, or in any case absolutely divest the property of the original owner, even though disloyal. By the seizure the government constituted itself a trustee for those who were entitled or whom it should thereafter recognize as entitled. 2. By virtue of the act of 17th July, 1862, authorizing the President to offer pardon on such conditions as he might think advisable, and the procla- mation of 8th December, 1863, which promised a restoration of all rights [Slip. Or.

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