The Gray Jacket - 72 U.S. 370 (1866)


U.S. Supreme Court

The Gray Jacket, 72 U.S. 5 Wall. 370 370 (1866)

The Gray Jacket

72 U.S. (5 Wall.) 370

Syllabus

As a general rule, where the United States is a party to a cause and is represented by the Attorney General or the Assistant Attorney General or by special counsel employed by the Attorney General, no counsel can be heard in opposition on behalf of any other of the departments of the government.

The case of the 72 U. S. @ 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

Page 72 U. S. 371

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,



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