The Gray Jacket
THE case of the Gray Jacket, reported on the last preceding pages, was argued partly on one occasion and partly on another, Mr. Eames, who spoke for the captors, having been taken suddenly and, as the unfortunate issue proved, fatally ill while addressing the court, and the case having been adjourned in the midst of the argument.
The case being subsequently called with a view of seeing how far counsel were ready to go on, it was mentioned that Mr. Cushing would appear in behalf of the Treasury Department, to justify the remission, which the preceding report shows had been granted, of the right accrued to the United States and captors by a decree of condemnation of the vessel as prize. Some remark being made by the court as to the circumstance that the United States were on the side of the captors while the Treasury Department appeared in an antagonistic position, and a doubt being expressed whether it was quite allowable that the Treasury should thus appear, Mr. Cushing referred the matter of his taking part to the pleasure of the court; observing only that he was prepared to speak in support of the act of the Secretary of the Treasury, if desired.
Before the case came to be finally argued in conclusion—
The CHIEF JUSTICE delivered the opinion of the court on this point: