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where such unheard — of proceedings could take place, and desiring nothing but the best adjudication of the case, I appealed to the Attorney-General, the Secretary of the Navy, and the Secretary of the Treasury, as he had got into it, for an agreement that the case should be referred by the rule of the court to three arbitrators,--two of them men of the highest standing as lawyers, the Hon. Henry W. Paine, of Massachusetts, and the Hon. Thos. J. Durant, of Louisiana, and the third, the Hon. Gustavus V. Fox, late assistant Secretary of the Navy,--who would have a knowledge of the course involved in the proceedings, with the right to appeal from the judgment of the admiralty court to the Supreme Court.
When I presented this agreement to the Attorney-General, he said: Who ever heard of a question of prize being submitted to arbitration?
Have you got any precedent for it?
No, Mr. Attorney-General, I have not, but I do not see why you should object.
If we go on and try under arbit
ont at Fortress Monroe, 252.
First Maine Heavy Artillery, conduct of, 291.
First Regiment of Native Guards, 496.
First Brigade of Massachusetts troops, 890.
Fiske, General, services on Frying-Pan Shoals, 339-340.
five Forks, The battle of, 901.
Flanders, chosen congressman in Louisiana, 523.
Flag Pond Hill battery, Porter attempts to silence, 791,
Floyd, Secretary of War, under Buchanan, 166-167.
Flusser, Commander, tribute to, 635; killed at Plymouth, 636.
Fox, Gustavus V., Assistant Secretary of Navy. anecdote of, 287-288; arbitrator in the Farragut prize suit, 1011.
Foote, Senator, reference to, 695, 715, 716; calumnious letter from Smith to, 696-697; letter quoted, 712-713.
Ford's Theatre, Lincoln assassinated at, 930.
Forty-Seventh Regiment of Virginia Volunteers, 679.
Fort Burnham (formerly Fort Harrison), 737.
Fort Darling, 747.
Fort Donelson, reference to, 872, 873, 874.
Fort Fisher, Weitzel reconnoitres, 774; preparations for ex