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5 U.S. 370

The Gray Jacket

Supreme Court of the United States

Decided December 15, 1866

Supreme Court of the United States · decided 1866-12-15

The case of the Gray Jacket, reported on the last preceding pages, was argued partly on one occasion and partly on another, Mr. JSamcs, 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.

Decided 1866-12-15

The CHIEF JUSTICE

¶1delivered the opinion of the court on this point:

¶2The court has considered the question whether counsel shall be heard in this cause on behalf of the Treasury Department, and has instructed me to say that in causes where the United States is a party, and is represented by the Attorney-General or the Assistant Attorney-General, or 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.

¶3In the present case, however, the argument has doubtless proceeded under the impression at the bar that counsel would be heard on behalf of the Treasury Department, and the court is desirous of all the light that can be derived from .the fullest discussion. The counsel for the Treasury Department may bo hoard, therefore, if he sees fit, on behalf of the claimant, and two hours will be allowed for the argument, without prejudice to the time which remains to the counsel who opened the cause, for reply to the Attorney-General and the counsel for the captors.

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