Melville Fuller

“ It was further averred that the decree of forfeiture was made and entered September 19, 1887; that the petitioner, having been admitted as the actual owner of the said schooner as claimant, appealed to this court April 26, 1888, and docketed said appeal here October 30, 1888, but dismissed the same, (January 12, 1891,) because advised that an appeal would not lie, and that the decree was and is a nullity; and that all the matters of fact alleged in the petition, save those of which this court takes judicial notice, appear by the record and proceedings of the district court ”

“ United States district courts sitting in admiralty are courts of superior jurisdiction, and every intendment is made in favor of their decrees, so that where it appears that the court has jurisdiction of the subject-matter, and that the defendant was duly served with process or voluntarily appeared and made defense, the decree is not open to attack collaterally. Miller v. U.S., 11 Wall. 268; McCormick v. Sullivant, 10 Wheat. 192; Des Moines Nav. & R. Co. v. Iowa Homestead Co., 123 U.S. 552, 8 Sup. Ct. Rep. 217; Cuddy, Petitioner, 131 U.S. 280, 9 Sup. Ct. Rep. 703.
By section 750, Rev. ”

“ The case is clearly one for a writ of prohibition, as the want of jurisdiction appears on the face of the proceedings. U.S. v. Peters, 3 Dall. 121.'
The cases cited in the text-books (High, Extr. Rem. 606; Shortt, Inf. 442, 448) sustain the general view that the evidence is not to be resorted to after sentence. The principle has no application to courts where the proceedings do not show the matter in any formal way, and such are the decisions in England in reference to county and mayor's courts. ”

“ Barreme, the legality of the seizure of a French vessel, coming from a French port, on the high seas, by the orders of the president, purporting to be issued under an act of congress authorizing the seizure of vessels bound to a French port, but not those coming from a French port, was involved ”

“ If this be so, the application calls upon the court, while negotiations are pending, to decide whether the government is right or wrong, and to review the action of the political departments upon the question, contrary to the settled law in that regard. Foster v. Neilson, 2 Pet. 253; Williams v. Insurance Co., 3 Sum. 270, 13 Pet. 415; Luther v. Borden, 7 How. 1; Georgia v. Stanton, 6 Wall. 50; Jones v. U.S., 137 U.S. 202, 11 Sup. Ct. Rep. 80; Nabob of Carnatic v. East India Co., 1 Ves. Jr. 371, 2 Ves. Jr. 56; Barclay v. Russell, 3 Ves. Jr. 424; Penn v. Baltimore, 1 Ves. Sr. ”

“ R. Ferry, the captain of said vessel, having heretofore filed a claim to all of said property on behalf of J. D. Warren and Andrew Laing, of Victoria, B.C., and no other persons having appeared, and no other claims or allegations having been made or filed by any other person or persons, and the usual proclamation having been made, and said cause having been heard this day by consent of parties, on the pleadings and proofs, M. D. Ball Esq., U.S. dist. ”