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Siren, The U.S. 389 (1871)

handle is hein.slavery/ussccases0374 and id is 1 raw text is: Dec. 1871.]

Statement of the case.
does his estate, and it needed legislative action to ripen this
equitable right into a legal title. Congress has acted upon
this subject and confirmed the lands of the pueblo of San
Francisco, including the demanded premises, and this con-
firmation could not enure to the benefit of any one claiming
under a grant by an American prefect, unless there were an
express declaration to that effect. As there is no pretence
that the grant in this case was protected by legislation, it
follows that the plaintiff has no title of any sort to rest upon.
JUDGMENT AFFIRMED.
THE SIREN.
1. The right of vessels of the navy of the United States to prize-money
4comes only in virtue of grant or permission from the United States, and
lif no act of Congress sanctions a claim to it, it does not exist.
2. No such act gives prize to the navy in cases of joint capture by the army
and navy.
3. In cases of such capture, the capture enures exclusively to the benefit of
the United States.
APPEAL from the District Court for the District of Massa-
chusetts; the case being thus:
Prior, and up to the morning of the 17th of February,
1865, a naval force of the United States, composed, of the
Gladiolus, and twenty-six other vessels of war, were block-
ading the port of Charleston and assisting to reduce the
city; a force operating also by land in the same general designs.
During the night of the 16th and 17th, the rebel forces evac-
uated the forts about the harbor, and abandoned the city.
At 9 o'clock on the morning of the 17th, an officer of the
land force raised the national flag upon Forts Sumter, Rip-
ley, and Pinckney. At 10 a military officer reached Charles-
ton; and the city surrendered itself, and the rebel stores,
arms, and property there to him. Contemporaneously with
these transactions the army approached the city, and the
fleet moved towards its wharves. As the latter came near

Tim SIREN.

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