Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1854-10-16
Federal Court.

nle ceieDfatea and important HarPer,s
Ferry case was before it. We noticed
that General Jones aud A. Il. Hunter were
employed in the case. Such was the fact,
but they are not present. The case for
the plaintiffs, is conducted by a, Il. Fl.
Stuart, and Niche g. Robinson. For the
defence by J. NJ. Mason and F. 3. Mil
Ter. We have before alluded TO the nature
of thus case. and by reference to q file Of
the indicator, the particulars, ass~near as
they could be compressed in newspaper
article, can be found Hence we shall not
attempt a sketch of the very lucid and in
terestng remarks Of Mr.. Niche for the
| plaintiff, and Mr.. Mason FOR the defence,
defining the grounds of the contestants
The evidence was concluded on Wednes-
day evening. On Thursday the counsel
for the defence moved the Judge TO instruct
the Jury. The points upon which the
instruction was asked. were, first, as to the
relative merits Of boundaries designated
by course and distance, and natural OBJ
jects--or i'll the absence of designated
lines whether natural objects, were not
the governing points in aseeftaining the
true boundaries. And seeond-whether
or not the government is not entitled to
the locality contested, although il may not
have been specifically included in the
Harper tract, by virtue Of the quiet and
peaceable possession of the land, by the
government and those from whom they
held, for over an hundred years.
The argument of these points was COM
menced on Thursday morning by T. B
Miller, i'll behalf Of the defence. He read
numerous authorities To sustain his position,
and seemed 10 have entrenched himself
securely behind buiwark Of references,
which deiied successful attack. Mr. Stuart
followed Mr.. Miller. for the plaintiff
His argument was plausible ingenious and
able. He broke MI. Miller's head to all
appearances, with the very stick he (MIl-
ler) had furnished, and sustained his Pc
sition, that where corners were known
straight lines should designate the bounda-
ries, from the very references Mr.. Miller
had produced TO prove the reyerse.-thal
where the survey called for up or down
the river, the meanders Of the river should
be taken as the boundary. We did moi
hear Mr. Stuart, only in part, On the last
point-the claim the u. S. government
made to the ground in dispute, by virtue
OF possession, &c. But understand that he
discussed the law and the constitut0nali-
ty of the question, with great abiiity-con-
tending that the Federal government could
make no purchase Of lands, end come in
the possession Of no lands within the iuris-
diction of the State, without the consent
of the State egislature-which had not
been obtained in the disputed question.--
That the Federal government could claim
no more than a foreign power, and was TO
be governed by the same rule Of law
That the Constitution was the power OF
attorney, SO 10 speak, Of the government,
and thai it could mt transcend IFS strict
Limitations. II TIE right of the govern
ment was admitted &c come into a sover-
eign State thus. that power might, from
its overburdened Treasury Of $50 600 600
or $40,000,000, buy up the little State
OF Delaware, and blot it out.from our flag,
where now its bright star glitters
Mr., Stuarts argument was very clear
and misunderstanding great research and
laborious investigation.
Friday was consumed by the arguments
of T.J. Niche. for the plaintiff, and j.
M. Mason for the Defence Oh the points
of instruction asked. We did not hear
either Of the speeches. being engaged in
the Office Mr.. Michie's speech is said to
have been one Of his most able efforts
powerful and learned in its reasoning. =
Mr.. Mason's effort is also spoken of as full.
" COMFORTING with his high reputation as
a lawyer. Indeed there has been a re-
markable amount Of laborious study de-
voted TO this investigation, as is plain from
She numerous authorities cited, and the
collection Of old papers grown misty from
age. One of the witnesses, Mr.. Brown,
Surveyor Of Jefferson county, seems to
have had the burden Of collecting these
papers resting Oh him. In fact, he seems
10 have been as well acquainted If not
better with the case than the COUNSEL en-
ployed, and was Of great assistance to the
u. S. Counsel.
After Mr. Mason had concluded his al
gumcnt the Court adjourned till Saturday
morning at 10 o'clock, at which time the
Judge would deliver his opinion on the
question of instruction. AS our paper goes
to press about that hour, we are unable to
state his decision. IF the instructions ask
ed are given, il will be equivalent 10
decision Of thec case. IF not the ease viii
be argued before the jury, which will c.
cupy several days in the coming week.