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# Gracie v. Palmer (21 U.S. 699)/Opinion of the Court

5 L.Ed. 719
* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
21 U.S. 699
GRACIE et al. Plaintiffs in Error, v. PALMER et al. Defendants in Error.
MR. WEBSTER moved to dismiss the writ of error in this case, for want of jurisdiction. He stated that the plaintiffs below, Palmer and others, were described to be aliens, and subjects of the King of Great Britain, and the defendants, Gracie and others, to be citizens of the state of New York; and the suit was brought in the Circuit Court of Pennsylvania. It did not appear that the defendants were inhabitants of, or found in the district of Pennsylvania, at the time of serving the writ; and he therefore contended, under the eleventh section of the Judiciary Act of 1789, c, 20, that no civil suit could be brought against them by original process in that district.
Mr. Chief Justice Marshall stated that the uniform construction, under the clause of the act referred to, had been that it was not necessary to aver, on the record, that the defendant was an inhabitant of the district, or found therein. That [p700] it was sufficient if the Court appeared to have jurisdiction by the citizenship or alienage of the parties. The exemption from arrest in a district in which the defendant was not an inhabitant, or in which he was not found at the time of serving the process, was the privilege of the defendant, which he might waive by a voluntary appearance. That if process was returned by the marshal as served upon him within the district, it was sufficient, and that where the defendant voluntarily appeared in the court below, without taking the exception, it was an admission of the service, and a waiver of any further inquiry into the matter.
Motion denied.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Cato Sells

CATO SELLS
​ CATO SELLS was born in Vinton, Iowa, October 6, 1859. Losing his father at an early age he was obliged to provide for the family, attending ​public school winters. He entered Cornell College at sixteen, supporting himself while pursuing his studies. In 1878 he began the study of law in the office of Charles A. Bishop and two years later was admitted to the bar and began practice at La Porte. In 1889 he removed to Vinton and soon became a prominent leader in the Democratic party, serving on the State Central Committee, and was for seven years secretary or chairman of the executive committee. In 1887 he was chairman of the committee, and in 1888 was a delegate to the Democratic National Convention. In 1892 he was again a delegate and served as secretary of the National Convention. In 1893 he was president of the Democratic State Convention. In 1894 he was appointed by President Cleveland United States Attorney for the Northern District of Iowa. In 1899 he was again president of the Democratic State Convention and in 1900 chairman of the Iowa delegation in the National Democratic Convention at Kansas City. Mr. Sells served on the staff of Governor Boies for four years and in 1892 was elected trustee of the State College of Agriculture.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles A. Bishop

​ CHARLES A. BISHOP was born at Eagle, Waukesha County, Wisconsin, May 22, 1854. He was educated in the district schools, applying himself to the more advanced studies at home. He read law while working on the farm and teaching school winters; was admitted to the bar in 1875. The following year he removed to La Port City, Iowa, where he began the practice of law. Removing to Des Moines, he entered the office of Baker and Kavanaugh; he served as assistant Attorney-General for several years. In 1889 he was appointed judge of the District Court, and in 1897 was again appointed to the same position. In the following year he was elected to a full term. In 1902 Judge Bishop was appointed by Governor Cummins Judge of the Supreme Court to fill a vacancy, and at the following election was chosen for a full term.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles A. Clark

[Chas. A. Clark]
​ CHARLES A. CLARK, one of the great lawyers of the State, was born at Sangerville, in the State of Maine, January 26, 1841. He at tended the common schools of his native town, with three terms at Foxcroft Academy. Later, while working on a farm, he walked three miles to Guilford several times each week to procure instruction in Greek and Latin. At the age of fifteen he began to teach school and in April, 1861, enlisted as a private in Company A, Sixth Maine Volunteers and as a soldier of great courage he received rapid promotion to corporal, sergeant, lieutenant and adjutant of the regiment, serving until he was severely wounded and discharged. As soon as he recovered he reëntered the army with a commission as captain and assistant Adjutant-General, serving in General Burnside's Brigade until in November, 1864, failing health ​compelled him to resign. He received a special Congressional medal for gallantry and meritorious services in saving the regiment from capture at Brook's Ford, Virginia, on the night of May 4, 1863. Upon the personal recommendation of General Hancock he was brevetted major for gallantry at Marye's Heights, Fredericksburg, May 3, 1863, and lieutenant-colonel for conspicuous bravery at Rappahannock Station, November 7, 1863. Colonel Clark participated in the following engagements: Siege of Yorktown, battles at Williamsburg, Gaines Mills, Malvern Hill, Second Bull Run, South Mountain, Antietam, Fredericksburg, both at the first and second engagements, Salem Church, Gettysburg, Rappahannock Station, Cold Harbor, Petersburg and numerous others. Colonel Clark cast his first vote for Abraham Lincoln, later became a liberal Republican, serving as a delegate to the Cincinnati National Convention of 1872, affiliating with the Democrats until 1896. In 1888 he was president of the Democratic State Convention and a delegate to the National Convention the same year. He nominated Horace Boies for Governor at the Ottumwa Convention in 1891. Colonel Clark returned to the Republican party in 1896, assisting in the canvass for McKinley. He came to Iowa in 1866, becoming a resident of Webster City, where he practiced law for ten years, then removing to Cedar Rapids. For ten years he was a law partner with Judge Hubbard, practicing in the Supreme Court of many States and in the Supreme Court of the United States.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles A. White

​ CHARLES A. WHITE, geologist and author, was born at North Dighton, Massachusetts, January 261 1826. He came to Iowa in December, 1838, the year Iowa was organized into a Territory, stopping first at Burlington. He received the degree of M. D. from Rush Medical College in 1863 and the degree of A. M. from Iowa College at Grinnell in 1866. He was made State Geologist of Iowa in 1866 by act of the Legislature, working in that field until 1869, publishing his report in two columns. He was chosen Professor of Natural History in the State University of Iowa in 1867, serving until 1873, when he was elected to the same position in Bowdoin College where he remained two years, when he received the appointment of Paleontologist to the Geological and Geographical Surveys, in charge of Lieutenant Geo. M. Wheeler. In 1875 he was Geologist and Paleontologist to the United States Survey of the Territories, in charge ​of Major J. W. Powell. From 1876 to 1879 he was holding the same position in the Geological Survey of the Territories, under Dr. F. V. Hayden. He served as curator in charge of the Paleontological Collections of the United States National Museum at Washington from 1879 to 1882 and was detailed to act as chief of the Artesian Wells Commission in 1881, under the auspices of the Department of Agriculture. He was Geologist and Paleontologist of the United States Geological Survey from 1883 to 1892. In December, 1899, he was elected foreign member of the Geological Society of London. During this period Dr. White published by the Smithsonian Institution a large number of scientific works in his specialties.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles Aldrich

[Very faithfully yours, Charles Aldrich.]
​ CHARLES ALDRICH was born at Ellington, Chautauqua County, New York, October 2, 1828. He attended the public schools and for one year was a student at Jamestown Academy. In 1846 he entered a printing office, learned the trade, and in 1850 established a paper at Randolph. In 1857 he removed to Iowa and located at the then frontier town of Webster City, Hamilton County, where he established the Hamilton Freeman in May of that year. In 1860 he was chosen Chief Clerk of the ​House of Representatives of the Eighth General Assembly and in 1862 was reëlected. In September of that year he entered the military service as adjutant of the Thirty-second Infantry Regiment, serving a year and a half. In 1865 he became editor of the Dubuque Daily Times and in 1866 purchased the Marshall Times which he conducted for about three years. He again served as chief clerk of the House in 1866 and 1870. In 1872 he was appointed one of the commissioners to investigate the claims of the settlers on the lands embraced in the Des Moines River grant. When Congress provided for a commission to examine into these claims Mr. Aldrich was one of the members. In 1876 he served on the Hayden Geological Survey in the western Territories. In 1881 he was a member of the House of the Nineteenth General Assembly from Hamilton County and was the author and advocate of a bill to prohibit the use of free railroad passes by public officials. In 1887 he was instrumental in having a tablet placed in the court-house of Hamilton County, on which were inscribed the names of the members of the company from that county which, in 1857, marched to the relief of the survivors of the Spirit Lake Massacre. At the assembly gathered upon that occasion a large amount of valuable historical material was secured in the addresses of several of the chief actors in that great tragedy. From early life Mr. Aldrich was a collector of autographs of notable persons and during Governor Sherman's administration he conceived the idea of making his collection the nucleus of a historical department for the State. He was granted space in the State Library where he worked for several years in collecting manuscripts, photographs, files of early newspapers and historical documents of value which were recognized by legislative action and became the foundation of the Historical Department established in 1892 of which Mr. Aldrich was appointed Curator. He has since given his entire time to the upbuilding of this department and conducting the Annals of Iowa a historical publication which was established in 1863. He was one of the Commissioners appointed by the State in 1895 to erect a monument to the memory of the victims of the Spirit Lake Massacre. In addition to many years' work in journalism, Mr. Aldrich has been a frequent contributor to scientific and historical publications.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles C. Nourse

​ CHARLES C. NOURSE was born at Sharpsburg, Maryland, April 1, 1829. He received a liberal education and when quite young began the study of law. He graduated from the Law Department of the Transylvania University of Kentucky in 1850 and the following year removed to Iowa, making his home at Keosauqua. In 1852 he was elected Prosecuting Attorney and in 1854 chief clerk of the House of the Fifth General Assembly at Iowa City. In 1856 he was Secretary of the Senate. He was a delegate to the State Convention of that year which organized the Republican party of Iowa and served as one of the secretaries. In 1860 he was a delegate to the Republican National Convention at Chicago which nominated Abraham Lincoln. At the State Convention the same year he was nominated for Attorney-General of Iowa and elected, serving four years. ​In 1865 Mr. Nourse was appointed Judge of the Fifth District. In 1876 he was selected by the Governor to deliver an address for Iowa at the Centennial Exposition at Philadelphia. It was a masterly oration showing the wonderful progress and development of the new State, and 20,000 copies were published for general circulation. Judge Nourse has long ranked among the ablest lawyers of the State and has been one of the most prominent leaders of temperance and prohibition.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles A. Schaffer

​ CHARLES A. SCHAFFER, late president of the State University, was born August 14, 1843, at Harrisburg, Pennsylvania. His early ​education was thorough and he was fitted for college at the Germantown Academy. His progress was so rapid that he was graduated from the University of Pennsylvania in 1861, at the age of eighteen. He then began the study of medicine, entering a pharmacy and beginning a laboratory course in Philadelphia which was continued at Cambridge, Massachusetts. In 1862 he became private secretary to his uncle, General Herman Haupt, then stationed in Virginia. The following year he enlisted in Landis' Philadelphia Light Brigade and in a skirmish at Carlisle distinguished himself for gallant conduct. In 1863 he entered the Lawrence Scientific School at Harvard, remaining two years. From there Mr. Schaffer went to Union College at Schenectady, New York, as instructor in chemistry. In 1867 he went abroad for advanced study in chemistry and for two years was a student at Gottingen, where in 1868 he received the degree of Doctor of Philosophy. During the following year he studied metallurgy at the Berlin School of Mines and completed his foreign studies by a course of six months in Paris. While studying there he was elected to the chair of analytical chemistry and mineralogy at Cornell University, at the time being but twenty-six years of age. There he remained nineteen years, and during the absence of the president, Andrew D. White, was usually called to act in his absence. During his last year at Cornell Dr. Schaffer was dean of the faculty. He was inaugurated president of the Iowa State University, in June, 1887, and entering upon the work he voluntarily took upon himself instruction in chemistry of the medical and dental students with lectures on medical jurisprudence. Dr. Schaffer worked untiringly for a large endowment for the University throughout the State and before the Legislature. He was not a brilliant public speaker and “his strongest point was his remarkable executive ability,” says Henry Sabin. During his residence in the State he was an earnest worker for the upbuilding of Iowa City, the home of the University. He stood high in the councils of the Episcopal Church and was a trustee of Griswold College and St. Katherine's Hall, Davenport. President Schaffer died in the midst of his great usefulness at Iowa City, September 13, 1898.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles Ashton

​ CHARLES ASHTON, pioneer preacher and journalist, is a native of Lincolnshire, England, where he was born June 2, 1823. His parents emigrated to America in 1832, locating on a farm in Richland County, Ohio. Three winter terms at district school comprised his educational advantages. Early in the fifties he became a minister of the Methodist ​Episcopal Church, and in 1860 entered the itinerant work. In 1870 he was transferred from the Central Ohio to the Des Moines Conference, preaching for nine years in western Iowa. Retiring from the ministry in 1879, he became editor of the Guthrian, a Republican weekly newspaper published at Guthrie Center. He was the organizer and first president of the Guthrie & Northwestern Railway, now a branch of the Rock Island, running from Guthrie Center to Menlo. Mr. Ashton was appointed a member of the Iowa Columbian Commission, and as chairman of the archaeological, historical and statistical committee of the Commission he wrote and published the “Hand Book of Iowa” of which 25,000 copies were distributed. He was also superintendent of the horticultural exhibit and under his direction Iowa made one of the finest pomological displays at the exposition. Mr. Ashton has ever been known as an advocate of sobriety, good government and the promotion of all liberal enterprises.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles Beardsley

​ CHARLES BEARDSLEY was born near Mount Vernon, Knox County, Ohio, on the 18th of February, 1830. He prepared for college at Granville Academy and Wesleyan University, Delaware, entering the Ohio Medical College at Cincinnati and was graduated from that institution. In 1855 he came to Iowa and began the practice of medicine at Muscatine, but soon removed to Oskaloosa, where in 1861 he became editor of the Weekly Herald. He was an accomplished writer and his paper attained wide influence in that section of the State. He was appointed postmaster of Oskaloosa, by President Lincoln. In 1865 he removed to Burlington becoming one of the owners and the chief editor of the Hawkeye. In 1869 he was elected by the Republicans to the State Senate, serving four years with marked ability. He was an earnest advocate of the taxation of corporate property on the same basis as other property and the taxation of the railroad bridges across the Mississippi and Missouri rivers. He favored the employment of women in the public service and the extension to them of the right of suffrage. In 1874 he was appointed Librarian of the War Department at Washington, with charge of the records of the Rebellion. In 1879 he was appointed by President Hayes Fourth Auditor of the Treasury, which position he held until 1885. He was a member of the council called by Plymouth Congregational church at Brooklyn, New York, which tried the charges preferred against Rev. Henry Ward Beecher in 1876. He was a life-long and prominent member of the Congregational church and moderator of its fifty-second annual meeting at Sioux City in 1891. At the celebration of the Semi-Centennial Anniversary of the admission of Iowa as a State held at Burlington in 1896, Dr. Beardsley was one of the chief managers. His great ardor in the work assigned to him led to overexertion bringing on nervous prostration from which he never rallied. He died at his home December 29, 1896.
# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/4/Charles C. Horton

​ CHARLES C. HORTON was born January 13, 1839, at Goshen, Orange County, New York. He came with his father to Iowa in 1848, locating at Muscatine where he attended the public and private schools. In ​1857 he returned to New York and entered Delaware Collegiate Institute at Franklin, graduating in the literary and scientific course in 1859. In 1861, Mr. Horton enlisted as a private in Company A, Second Iowa Cavalry, where he won rapid promotion to first lieutenant. In June, 1862, he was promoted to captain and was in command of a battalion most of the time until he was commissioned major in 1863. He was in command of the regiment at times and in 1864 was promoted to lieutenant-colonel. From this time he was in command of the regiment or a brigade until mustered out in 1865. He participated in the following engagements: New Madrid, Island Number Ten, Booneville, Farmington, Corinth, Iuka, Tupelo, Jackson and Nashville, where the Second Brigade charged upon and captured the first two forts taken in that battle and its flag was the first planted upon the works. Colonel Horton was wounded in the engagement at Coldwater. In 1880 Colonel Horton was appointed special agent of the United States Land Office, resigning to become special examiner of the Pension Bureau, in which position he served fifteen years. In 1873 he was elected on the Republican ticket Representative in the Fifteenth General Assembly, serving by reëlection two terms. He was the author of bills creating a School for Feeble Minded Children at Glenwood, and one to consolidate the Soldiers' and Orphans' Homes at Davenport. In 1897 Colonel Horton was appointed commandant of the Soldiers' Home at Marshalltown.
# Her Answer

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This work is in the public domain in the United States because it was published before January 1, 1929.
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# Hepner v. United States

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United States Supreme Court
213 U.S. 103
Hepner v. United States
Argued: and submitted March 2, 1909. --- Decided: April 5, 1909
Mr. S. P. McConnell for Hepner.
Assistant to the Attorney General Ellis for the United States.
Mr. Justice Harlan delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse