Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1854-10-11


The United States Court for the Western Die
trict of Virginia, Judge Brokenbrough presiding
has been in session in this place since the I'd day
of the month. The Grand Jury last week fount
another count in the indictment against young
Meeks, charged with robbing the mail, and thu
| case wac continued. The case of the United
States against j. M. Whtmore, Postmaster at Par
nassus, in this comfy, was brought to trial ant
decided on "Wednesday. Mr.. w. was indicted
for illegally opening letter directed to another
person. and the jury found him guilty. The Judge
imposed fine Of one dollar only, remarking tina
there was evidently no moral turpitude in the act
1t appeared from the testimony of MIR. WIS neigh
bors that he was man of the most upright char
aeter, and the worst that can be alleged agams
him in connection with this case is. that he acted
imprudently. He still holds the office OF rost
master, aud retains the undiminlshed confidence
OF the community.
The case now undergoing investigation before
the Court excites considerable interest in the pub
lie mind, both on account of the value OF the prop
erty in dispute and the importance OF the Princi'
pies involved. The style ofthe suit is Brown and
others Us Huger; but the real defendant Is the
Government of the United States, as the validity
Of its title to certain portions of the Harpers fer
ry tract Of land is called in question. The coun-
sci engaged are Thos ]. Niche. Esq. and the
Hon. A. H. III. Stuart, for the plaintiffs, and f.
b. Miller, Esq, U. States Attorney, assisted BY
the Hon. James Nj. Mason, for the defendant
We regret that we had not the pleasure of hear
ing the whole of MIR. Michie's opening address
and are not therefore very conversant with the
grounds on which the plaintiffs endeavoTed to sus-
tain their action. We learned, however, that in
the year 1851 the plaintiffs, ascertaning that all
the land occupied and claimed by the U. States
at Harper's Ferry was not included within the
metes and bounds of the original purchase by the
Government, proceeded to take ii up by warrant
from the Registers office of this State, as vacant
and uuoccupied land. The quantity thus claimed
amounts to 49, acres, and has upon it some oithe
most valuable and costly buildings connected with
the Arsenal and Armory at Harper's Ferry.
From the very lucid and interesting statement
of Mr.. Mason we learned that this Harper's Fer
ry tract was included in the large territorial grant
made by the crown of Great Britain to Lord Fair
fax, some 100 years ago, and known as the "North-
ern Neck" In the year ISL this tract of land
was granted to Robert Harper by patent issued
from the proprietary office of Lord Fairfax, on con-
dtion that he should pay to the said Fairfax, sat
the feast of St. Michael the Archangel," one
shilling sterling as quit rent. Upon this land Aar-
per resided from i75l until his death in October,
1882; and by his will he devised this and an ad-
oining tract to his nephew-Griffilh and his niece
Sarah Harper, who had intermarrled with John
Wager, sen.-iho lower part ofthe tract being de-
vised to the niece. The will ofIIarper, however,
only conveyed TO Wager and wife life estate in
the land, with authority to give it by will to such
one of their sons as they might elect. In 1876
General Washington purchased the land for the
use of the United States from John Wager, SEN,
his only son, John Wager, jr., and his two daugh-
tiers uniting with him in the deed to the Govern
ment.-(his wife Sarah Harper being dead.) The
counsel stated that from careful and thorough
examination of the deed he was satisfied that il
had been wholly drawn by Gen. Washington
that il was characterized by the clear strong prac-
tcal common sense of the Father of his country
rather than by the technical precision of the legal
profession. This conveyance does not describe
the land by metes and bounds but as extending
from river to river The u S. take the ground
that as the original patent called for corners, Ell
ther on or in the river, they are not bound to run
from corner to corner by straight lines but may
follow the meanders of the stream and thus include
all the land-that il was evidently the design of
the original patentee to take up all the land incu
ded between the Shenandoah and Potomac at this
point, as it was much more valuable for its water
power and privileges than for the purpose of eul-
tivation. But if this position should not be sus-
taiped We, the title of the United States was val
id for the length of time they and those under
whom they claim had held quiet and Peaceable
possession, which runs back hundred years or
more