, 1866-01-08
The ReE1nnfnE of SuIts Against Edwin
m. SlantofrClnim for el0O, 900 Dam-
aEes for falke imprisonment.
IErnna fhs ka,s ynzl.

A suit has been commenced in tho Supreme
Souft IN th.s city against EdmIn NJ. Stanton
SECRETARY s;sGs Of Na., for one hundred Thousand
one Of the owners Of the ninety-fivc tons Of
tobneco seized and destroyed at Frcdcricks-
burg, In March last, By order Of the War De-
gartment. The case came up yesterday at
Chambers, before Justice Sutherland, On q
mollon b. plaintiffs counsel to strike out
parts Of the answer as redundant, irrcle-
yAnt and contradictory, or to require de-
tendant to make It more definite and car.
tain The plaintiff, hfr. Joseph H. Maddox.
CLAIMED inst, with the knowledge and con.
sent Of tug propeF authorities, and with full
nna a;aa la~lnl permit and authority, he had OBJ
| Enged IN transferring It within the lines near
Fredericksburg, when, by the order and pro-
cnremcnt Of Mr. Stanton The nropertT Wns
seized, and he was himself arrested In yiola.
!,on no1i. o. ~ lay, and thrown into prison at
!he complaint alleges that the plaintiff, il I'd.
uitlon TO the arrest above stated, was also On
the 18th Of April, while he was a good
ana loyal citizen, and had borne and conduct
e. e. himself = such, "without any Just OF law
~, or t'Entu! ,a,utno5ity and In defiance and
eionsly caused and procured to be arrcsted''
BY the defendant, aud Imprisoned At Cann
Hamilton, near Fortress Monroe. and nt
Washington until the 9Th Of June. At the
tine Of the second arrest, On the 14th Of
March last, the defendant, It Is alleged. veil
knew tho plaintiffs real name, aud that he
had done nothing in violation of any Law,
but imprisoned him under the name al
James broWn, for the purpose Of keeping the |
1act OF the tobacco seizure secret unknown
10 his friends or counsel, and 30 that no legal |
steps could te taken for his discharge, and for |
the same reason nl access WAS denied him.
anu be Was detained for si1ty-nlne DAYS, until !
President johnson released him br 4 enecfai
order. The plaintiff, during the whole period |
81 LIS incarceration, WIS kept In isnorance or |
me cause ol hss arrest; 20 charge or com
allowed to see him, and he finally had topay
thousands Of money to the government agents
to have the opportunity of sending a LETTER ia |
his Wife AT the time Of his arrest ali Of tia
papers showing the legality OF the transac1
and neycz returned. His final release was ef:
iected through IN application made on his be-
hall to Preajdent johnson, and was granted
against the adfice Of Mr. Stanton. When q
similar application was made to Mr.. Lincoln.
~. stanton Lied to dissnado him from max.
ing uny ordeFfcr plaintiffs discharge.
Mr. stantons answer, which was sworn to
on the 9Th Of December, first claims that the
court has no Jurisdiction IN the case, for the
reason that neither of the parties arc resi-
dents Of this dty TINT the defendant is a resi-
dent Of the aty Of Washington, and then
was and stu T. Secretary Of War under the
Government oI the United States; that none
of the alleget wrongs, injuries and tres.
passes occuIrsa within tho State. The
the1 makes q general and !
:! also . qnalftisd denial he denies that
lhe plaintiff "ss arrested BY him or his or
aef' and then sleges on information and be!
lief that Maddsx was arrested for violation
81 Inc articles Of war, and tor certain mill ,
Eary Offences against the Government, and
y %as ios time kept in custody Hereunder;
!nat plalnila BY himself Or counsel made re- ,
]nests 70 the defendant, in lis official caps
= ~ as Secretary OF War, to be released and |
committed such offences, Mr. Stanton In the
s-,efclse Of his discretion, caused him to bc,I .
elGased On parole and bail, to be tried by a I
hi41asy alaI!y tribunal. The answer then recites /
na.ane United States VAS then engaged IN the a
,urg was IN the immediate neipbborhood oil
hc teld OF hostililies, md that Baltimore was i +
u1>ect 70 martial law, under the pruclama. Il
Ion Of the President and sanctioned i 1
y act Of Congress; that traffic With i I
ae = enemy Was subject to military control 4 c
Al arrested by the Provost Marshal Of Bal Il {
lmore, tn conjunction With III, q. MaEtin j j
nd D. F. Monahan, and held for unlawful in 4 J
ercouree, correspondence, traffic and conn., \
lcrce with the enemy, and with the inhabi- j
snts ~ o. ne rebelllous States, and engaged .
1olation Of the articles Of war md the d
ct Of Congress; that IN exauaInation n
as directed to be made, and upon It the q q
lreau Of Military Justice recommended that =:
10 plaintiff be held for trial before military :.
ourt; that what defendant did was II
o,nd m9fe g u than se should Justly do, and WAS 3
titles were pending. Mr. Stanton, In CON g
csion, Pleads In bar to any remedy by the F. r
alntM, tho act ot Congress Of March 8, 1858, nj
aiming that all be did WAS IN good faith, IN r
: Official capacity, and BY authority and d. u!
,ge eoaes Ts for a9fa Paaa + aaa saFsa aud e{
etrcpont for defendant. It was claimed ps
!at defendant should specify some Of the y; n
ele constituting sont Of the military ofeu- .;
8 alleged, SO that tho plaintiff conld fairly d,
eel them On the t.i&l. The Judge took tho 10
.lc1a' "