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Gray Jacket, The U.S. 342 (1867)

handle is hein.slavery/ussccases0406 and id is 1 raw text is: 342 T.Hu GRAY JACKET. [Sup. OCt. Syllabus. THE GRAY JACKET. MERITS.) 1. The proclamation of President Lincoln made December 8th, 1863, grant- ing to all persons (with certain exceptions) who had participated in the then existing rebellion, a foil pardon, with restoration of all rights of property except in slaves and in property cases, where rights of third persons shall have intervened, has no application to cases of maritime capture, and therefore does not extinguish the liability of a vessel and cargo seized flagrante delictowhiie running the blockade then declared against our southern coast, from the consequences of condemnation by a prize court. 2. A claimant's own affidavit that he is not within the exceptions of the proclamation, is insufficient to establish the fact in setting Up the proc- lamation as an extinguishment of the liability above described. 8. A remission by toe Secretary of the Treasury under the act of July 13th, 1861, providing (* 5) that all goods, &c., coming from avState declared to be in insurrection ''into the other parts of the United States, by land or water, shall, together with the vessel conveying the same, be forfeited to the United States; and also (Q 6) any vessel belonging in whole or in part to any citizen or inhabitant of such State, found at sea; but enacting also ( 8) that the forfeitures and penalties incurred by virtue of the act may be mitigated or remitted in pursuance of the authority vested in the said Secretary by an act approved 3d March, 1797, or in cases where special circumstances may seem to require it, &c., does not reach a case where the vessel and cargo were not proceeding to a loyal State. 4. The statute does not give the Secretary power to remit in any case of property captured as maritime prize of war. 5. The liability of property, the product of an enemy country, and coming from it during war, is irrespective of the status doieicilii, guilt or in. nocene of the owner. If it come from enemy territory, it bears the impress of enemy property. If it belong to a loyal citizen of the coun- try of the captors, it is nevertheless as much liable to condemnation as if owned by a citizen or subject of the hostile country or by the hostile government itself. The only qualification of these rules is, that whore, upon the breaking out of hostilities or as soon after as possible, the owner escapes with such property as he can take with him, or in good faith thus early removes his property, with the view of putting it be- yond the dominion of the hostile power, the property in such cases is exempt from the liability which would otherwise attend it. 6. Where the war (a civil war) broke out in April, 1861, a removal on the 30th December, 1863, said to be too late. 7. An order for further proof in prize cases is always made with extreme

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