The Local news. [volume] (Alexandria, Va.) 1861-1862, 1861-10-30


had no. urlsdictlon OF such cases. then all its
proceedings relative thereto would be null
ana VOID. The Court claims, however, that
1t mas jurisdiction OF these causes, and of all
causes Of like character, which NAV he
brought befole it. The Court is located in
what is claimed by the rebels, as the enemv's
country, and in q city which, by AN order is.
sued from the headquarters Of the general
commanding this department, has been placed
under military rule, and virtually under mar.
tlal law: On or about the 18th of August
last, Brig. Gen: Montgomery was, by order
RY GOVERNOR of this city. The term "Mili-
tary Governor carries with it the implied
condition or future status of those who are
to be governed, well as the kind of gov
eminent to which they are to be subjected.
The appointment Of Military Governor was
q virtual declaration of martial law, and even
though no formal declaration thereof had
never, or has never, been made, still the one
exists only by virtue Of the other, and neither
can exist without the other. By this virtual
declaration of martial law, all State and mu.
nicipal laws relating to this city were abro.
gated or suspended, So that it became not
only the right, but the duty of the military
authorities to administer justice in all cases
OF whatsoever character that might arise IN.
der the military govern rshipl Of the CITY
This Court, established by virtue of the mill.
tary governorship of the CITY. is charged.
therefore, with the duty Of adiudcatine ali
cases. Of whatsoever character, that NAV be
permitted to come before it; and since, by the
virtual declaration of martial law, all other
courts within the bounds Of the CITY have
r.
Court, er necessitGte, to take charge of aud
adjudlcate all cases in which the rights of the
citizens, so far as they may be in any way
connected with this most unholy rebellion.
are involved. 1t is no assum ption. therefore.
upon the part of this Court, to take cogni.
zatice OF these causes, but simply the perfor-
nance of plain duty That loyal citizens
should have some kind Of redress against
those who seek to avoid paving their inst
debts. because of their connection, near or
remote, with the so called Confederate Gov
eminent, is plain to every one, and since
neither the courts or law officers in the
States where the rebellion exists will afford
them any facility for so doing; and since the
rebel government itself, by passing use.
qvestrat'0n act" has sought to prevent the
payment of all debts due from those who are
IN rebellion against the Government to those
who remain firm in their loyalty to it, it be.
G mes the bounden duty of the military DOW.
er to aid loyal citizens in thus securing their
Just claims. A refusal so to do ON the mart
Of the military authorities, would, in the
opinion of this Court, be virtually "aidipr
and abetting" the enemy, since it would al.
low to remain in the hands of the rebels the
very means, which, if placed in the hands of
loyal citiaens, to whom it Justly belongs.
might be used in aiding and sustaining the
Government.
The second point raised by the counsel
or defence, is, that q change of the firm
rom George K. Wilmer 4 Bros. to Wit.
ner d Co., on Or about the lst January last.
makes the goods now in store belong to the j
after, and not responsible for the debts of ,
ne former. 1t is fair to presume that if the
after bought the stock from the former so (,
ate as January last. they (tbe latter) still +
we the former sufficient amount to cover 3
II losses that may accrue to them from au- q
lying portion OF the goods to the payment b
I the remaining debts of the former.
Inc two winners, as is shown by the evil
ence, were the principal partners in the first
rn, and the more wealthy Of the two was J
ne head and principal partner in the late or
resent urn. What were the exact pecuni-
~ relations OF the men composing either
ne or both of these firms, the Court has no G,
'eans of knowing, since the books of the firm :,
ave not been brought before the Court, nor 81
'ould the remaining partner, A. II. Slayma-
er, state the exact relation which even he a
lmself held to the firm. 1t not being. how c.
yer, any part Of the business of this Conrt ..
settle the private interests of those who
re IN rebellion against the Government. nor ~
any who may be connected with them in "a
ny attempt to defraud ard cheat loyal citi.
ms out OF their just claims, the Court di.
'cts that the whole of the remaining stock m
applied to the payment of the debts. whe. G,
Ter said debts are in the name of Geo K di
timer u Bros. or Wilmer Co. If either =,
t the partners should, by any possibility, p'
Her from such an application of the goods W
or they can have redress upon the Others m
hen final settlement comes to be made
nong themselves.
The sending away of a large portion of ST.
cir stock as admitted by the remaining he
'rtner, A. Ii. Slsymaker), in Nav last was "a
&C: not only culpable in itself OCCURRING -,
1t DID, just prior to the occupation of this III
" by the U. 5. troops, but a misdemean. MI
;, VI 80 h'gh grade, that it might Justly fee
.hJect all concerned TO the charge Of mis-.
ison of prison. This was aiding the enc enc ?
= not by word or Individual effort onlv tee