Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-12-18
history OF THE CASE.


filed in the District Court of the United
States for the Southern District of New
York, by the District Attorney thereof, and
one Charles Gould, named as inforfner, Jln-
der the acts of Congress of 1861 and 1862,
commonly known as the COntiscatiOn Acts,
for the contiscation and forfeiture of seven
teen hundred and fiity-six shares of the
capital stock of the Great Western Rail- >
road Company of 1869, and of upwards of
$5O,OO0 due on coupons of bonds Of the
same corporation, as the property of Leroy
NJ. Wiley, defendant on the two-fold
ground alleged in the information-tlrst, of
alleged use of property by MIR. Wiley In
aid of the rebellion, under the act OF 1861;
and second, of alleged reasonable acts of
Mr.. Wiley under the act of 1862.
A claim aMd answer which had been in
terposed by Mr.. Wiley, objecting especial
ly TO the jurisdiction, and also rendering an
Issue to the facts alleged in the information,
was stricken out by the District Court, on
the ground that Mr.. Wiley. being resi-
dent of State declared by proclamation of
the President to be in rebellion, was an
alien enemy and incapable of appearing,
claiming or defending in a court of the
United States. Mr.. Wiley was citizen of
Alabama, although he remained most OF
the time in the city of New York. ., ...
a Slmlar clalUl anu dliSMtT luJCIJOctu
by the Great Western Railroad Company,
as trustee for the owner OF the stock and
coupons, was also stricken out, on the
ground that the company had no such in-
terests in the property as would authorize
it TO appear and claim or defend.
A sentence of condemnation by default
was accordingly entered in the District
Court, directing the company to cancel the
certificates of stock in the name of Mr..
Wiley on its books, and to issue new certiti-
Gates 10 the clerk Of the court therefor, and
adiudging a sale of the stock and distribu-
tion OF the proceeds, after certain deduc-
tions, in equal moieties to the United States
and to Charles Gould. the informer.
From this sentence Wiley took writ of
error and appeal (tor the greater caution)
to the Circuit Court. He assigned errors
under his writ, and the District Attorney
Joined in error. The railroad company al
so took an appeal, but not writ of error.
The cause was duly argued before Mr..
Justice Nelson and judgment rendered, af-
ter advisement reversing the Judgment and
sentence of the Circuit Court, on the double
ground, as stated in the opinion, OF want
| of jurisdiction, for the reason that the
property being stock of an Illinois corpOr-
alton, was incapable of being found, seized,
taken. or brought within the Southern
District of New York: and of error in
striking out the claim and answer of Mr..
| Wiley; and dismissing the information
| filed in the court below, and discharging
the property from the alleged seizure of
| the Marshal. .t......- .
From this judgment of reversal a writ of
error and appeal were taken on behalf of
the United States to this court, on the 25th
and 2Sth of July last. But prior thereto,
to wit on the 20th of July, the President of
the United States had granted to Mr.. Wiley,
and caused to be delivered to him, full
pardon, which Mr.. Wiley accepted and
| took the prescribed amnesty oath on the ID
| August This fact was Immediately
brought to the notice of the District AttOr-
ney and of the other counsel representing
the United States, at his instance, but with
| out effect.
Immediately upon the judgment of re-
versal in the Circuit COURT, a new informa-
tiOn, claiming the condemnation and for
feture of the same property, on the same
grounds, was filed in the District Court tor
the Southern District of Illinois, and pro-
| ceedings thereon are still pending. .T
Copies of the pardon, acceptance, am
nesty oath and certitic ties ofthe Secretary
of State, of the filing of the same in his Of
| flee, and affidavts OF the facts above stat
ed, were handed up to the court in printed
forms, and the argument proceeded, Mr.. j..
| Larocque, of New York, appearing for Mr..
Wiley, and on behalf of the motion to dis
miss the writ of error and appeal
POINTS FOR WILEY.
Among the points made in support of the
motion were the following:
That the pardon of an offense remitted
and discharged also, at common law, all
penalties and forfeitures incurred by rea-
son fit, in which others than the king had
not private vested rights. "a great num-
ber of cases cited) In Lock Ggt. Ethring-
ton, Liderfin's r. 265, it is said to have
been resolved, on conference between the
Barons of the Exchequer and other judges,
that the word pardon" includes in itself
the word released "tor all which is not
excepted, is by the general words, pardon
ed and remitted." (See also, act Of Febru-
airy 20, 1862 II U. S. Stat, $685. l. rr.Ig
That the President by pardon, has
power not only to absolve from the corpo-
raj punishment prescribed by law for an
offense, but to remit, forego, and discharge,
also, the forfeitures of property and penal
ties consequent upon its commission. {
TX. That the pardon granted in this case
was intended to have that force and effect
is evident from the language used in it. 1t
recites that the recipient !" has made him
self liable to heavy pains and penalties"
1t grants him "a full pardon and amnesty
for all oflenses by him committed arising
from participation, direct or implied, inthe
lqrebelliOn.nH Ii is conditioned "that he first
pay all costs which have accrued in any
| proceedings hitherto instituted against his
person or property
The sentence OF condemnation having
been reversed in the Circuit Court for err