Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-11-20

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SERENADE TO SPEAKER CoLFAx-On Satur-
Gay speaker Colfax arrived here from the
west and al night was serenaded by large
CROWD OF his personal and political friends. In
hls speech, acknowledging the compliment, he
expressed mistaken confidence in President
Johnson, and regarded the Presidents policy,
with respect to reconstruction, eminently wi<e
and patriotic In reference to the next Con-
gress, he slated that it would be the able-t
which he'd assembled during his knowledge of
public affairs, end would not be governed by
any spirit of revenge, but solely by duty TO the
country. He thought the danger now in re-
construction was in too much precipitation and
sd vised that I've make haste slowly" aud
though he would hail the day when all the
States should reyOlye in their appropriate
orbit around the Central Government, he could
not forget that history teaches us it was eight
Years alter the surrender of Yorktown in the
Revolutionary war, though our fathers were
OF one mind as TO the necessty. before the Com
Sutniion was adopted and the Union estab-
Hsheo. From MS language, as to the admission
OF the members of Congress from the late re-
OelllOus States, IL is TO be inferred that the test
Oath VIII be insisted upon. so far - il apnlies
10 members of the Confederate Congress- He
thought the burning of ships of commerce
on the ocean, the starving OF prisoners. and
VIC IalsLhg OF armies 10 destroy the nation
would impair their rights until their new Gov
trhments were recognized by Congress, and as
eaeh House was Judge of the qualifca-
tbat Co OF us members he appTehended
endorsed President Johnson's plan of restora-
tlon of the States, but thought there were other
fha
President, upon which there was no division
OF opinion among the Loyal men, which Were
mat ~the Declaration of Independence must
De recognized "a the law Of the land" that the
amendments to their State Constitutions
should be ratified by a majority of their peo-
PIE that instead of detying the law of Con-
Bress and '-insulting the President and the
county, they shall elect Congressmen who
can take the oath, and not those who boast that
Iney cannot viii not and would feel dis
graced If they did SO; and that ..before their
members are admitted TO a share of the govern
ment OF this country clear majority of the
Peop1e OF each of these States should give
e''uehee OF their earnest and cheerful loyalty
CASE OF LANDLORD AND TENANr-Before
Justice BarnaclO, Nov 18th. IS65 Josepb
i5ep sgt' George Carter. disappeared in ev-
lGenCe that the plaintiff rented the house on
the corner of 9TH and streets east on the 18th
OF July, leo4- but for no specified term of time,
ana mat few days afterwards he promised
the defendant that he would not disturb him
IN the possession of the house for one year. &C.
put before the expiration OF the year Repesti
brought his action before Justice Gull for the
possession Of the house, but upon proof OF the
promise OF r., as aforesaid, Justice Gull rem
dered judgment IN favor of Carter, and after
the expiration of the year the present action
was brought. 1t also appeared in evidence
that Carter had sublet the house and was not
occupying Ii himself The notice TO quit had
been regularly served upon Carter and not
upon the sUb-tenant in possession and Repet-
tbs counsel quoted Taylor's landlord and Ten
ant, sec. 4sl, 10 Johns, R. go, IL East, K. pa,
ant viii enable him TO recover the premises
against an under tenant. and that a lessor can
not give a valid notice to a sub-lesSee, or an
under tenant 10 the original landlord since
there Is neither priyity of estate contract be-
tween them" The counsel for Carter argued
that the matter in issue in this suit had been
decided IN favor of the defendant by Justice
Gull, and could not again be inc ulred into by
this court. But the counsel for the plaintiff
referred to authorities TO snow that this was
really an action Of ejectment, and that n judg-
mentin electment against a plaintiff was not a
hnality, and did not preclude the plaintiff from
bringing ne action, tOiies quotes, az er repeated
yerdlcts and judgments against him, and that
courts OF equity had refused to grant an in
junction 10 restrain 4 plaintiff from proceeding
IN ejectment after four or five yerdicts and
Judgments against him at law, for the reason
that the court of equity could not know that
after any number of judgments at law the
plaintiff had not perfected his title so as to en-
able him 10 recover in the next action, and that
action before Justice Gull (because the year for
which he promised the house TO the defendant
had not expired when the action was brought
before Justice Gully was no bar TO the present
action, and that the year having expired before
this action was brought, and due notice TO
quit having been given &c, the plaintiff
was entitled TO the possession. The Justice
M. Thompson for the plaintiff, A. Lloyd for
the defendant.
LARCENY CASES BEFORE JUSTICE THoMP-
SON.-Wn. Cunningham was arrested by
officer &. l. Greer for the larceny Of a pair of
shOes from Isaac RosenthaI, 9TH, between ID
and l. streets. The property was not re-
court.
Thos. J. Conner and VIM III Rabbins vsre