The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-15
RESIGNATION OF FEDERAL OFFICERs-THE
NEW TARIFF.

WASHINGTON March H. 1861.
II has escaped notice that only Judge Roosevelt but
also Mr.. John J. Cisco, United states Sub Treasurer and
Mr.. Sam +. Butterworth Superintendent Of the Assay
Oce at New York. all of them resigned their positions
on the 4th of March last They only retain position
until their successors appointed. The statcmen
OF of your papers that any these gentlemen had
named their successors in their designations Is devoid Of
truth
A bevy Of Custom House clerks for the purpose of
showing their faces and perhaps of retaining their
places, dancing attendance daily, in the ante-cham
ber Of Secretary Chase, asking explanations relative
to the new tariff Both Mr. Robinson and Mr.. Hartley
think that bring order out Of the chaos OF alb
surdties and contradictions with which the Morrill, tariff
abounds and that importers rely the courts
redress all future grievances.
THE GREAT GAINES CASE.
DECISION OF THE SUPREME COURT OF THE UNITED
STATES IN FAVOR OF MRS. GENERAL GAINES
THE POINTS AT ISSUE AND THE DECISION.
WASHINGTON, March IA, 1861.
This important decided bv the United States
Supreme Court to-day Involving it does the title to
ofproperty in Louisiana and elsewhere the
quit has been for some years past matter Of great pub
lie notoriey and interest. s known that her preten-
sions heir Of Daniel Clark, after long years Of
litigation disposed Of adversely TO her In 1882 by
the decision reported IL Howard Since then she has
caused the last will Of Clark to be proba.ed in the u
preme Court Of Louisiana. By this will he acknowledged
her to be his Legitimate and only daughter constituted
her his "unversa egatee" and devised 70 her his whole
estate. This will was made the basis Of suit in the
United States Circuit Court New Orleans in which she
claimed the real property belonging 70 Carks succession
In response the suit the defendants made several OBJ
jcctions Of mere technical, and others OF SUBJ
stanai character But the case may be said 10 rest
upon four principal points, to-wt;-
/. Defendants set up the decision In 12th Howard
res judicata, or authority Of the thing decided.
2 They deny that she is the legitimate child Of Clark,
or that he ever acknowledged her rs such.
g. They deny that Clark ever made valid will In her
favor
That In case all the other defenccs are untenabe the
statute of limitations proscrpton has barred all right Of
recovery.
Upon these issues the parties went to trial In the Cir
cult Court. The cOmplanants bin was dismissed, and
she appealed.
The in the Supreme Court fully discussed
both SIDES orally and by printed Briefs and with signal
ability and skili, admitted by all who heard the
argument II was opened by Mr.. Perrin, Of New Orleans
the 13.h February, behalf Of MRS Gaines IL
continued the 14tb by Mr. Jann also Of New Orleans
behalf Of that city, and closed the day for the
complainant by Mr.. Caleb Cushing, Of Massachusetts
After the most attentive mature consideration the
Court has decided all Of the objections against the do
defendants reversed the decree Of the Circuit Court and
sent the back for the purpose Of taking an account
OF the rents and profits which will be realized by do
endans, received by them since the date Of their pos
ecssion.
Associate Justice Wayne, IN announcing the decision
in the OF Mrs. Gaines said IL Of long standing
and heretofore Of doubtfJ result The record covered
three thousand pages, aud at least eight Of the ten
points had been ruled by tho Court with r. gard 10
At last IL had been brought TO conclusion. The deci
sion was, that she the only legitimate child Of
Daniel Clark and mis- universal eeatee under his last will
and SUCH entitled to all the property real and per-
sona OF which Mr. Clark died possessed and the defend
ant, Hennng, having purchased certain property with
full notice Of the nuty Of the title under which he
held che Ia entitled 10 immediate possession Of
IL, with the rents and profits. The Court said
would be at taken 10 enforce the decree and JUS
tice Wayne sad conclusion the future writer Of the
history OF Jurisprudence would be obliged TO register
this celebrated case az the moet remarkable.
From the nature Of the controversy the position Of
tha lnfox hox.a