The national Republican., 1866-12-14

but has not obtained the legal iiie o. as In cas-,
Of sales By the United States the Issuance Of the
ineonvssisnt or imprsstiosbls At the time Of the
ssls. Ths patent e regarded - the evidence Of |
the legal title which whsn Il smanatss has relation
TO the inception Of the title; that Ia TO say, the
time Of entry or purchase. Tho Unitsd States, a.
the vendor has parted with all right 70 the land,
and her omesn cannot lawfully withhold or refuse
the patent and have no power TO sell the land
again; and II that should be done the pstsntss
could become the trustee Of the legal title for
the nrst purchaser or rightful owner.
Tho exercise Of The taxing power Of the States
over land 20 acquired from tie United States Is no
Infringement Of any reserved rights In the General
Government, who has in reality and for ell benea-
oial purposes ceased to be the owner Of II, or 10
have any lawful control over II. All this Is con.
saford Is Howe, 44l) bat IL Is eontsndsd that the
present case dider from that In rsspset 70 the man.
nsf Of entry and the parties 70 the sotion that
ease II was m ordinary eash entry, propsriy made.
aud the usual certificates were made 10 Carroll
from ths Register and Receiver .ho ct .cs'd !. u:
their authority. The sale was contaminated, 30 far
% II could b BY the United States, and without
any oreumstsnes to vltiats the entry or TO give TO
the said ofhesrs Of the United States any color Of
authority 10 cancel u or excuse for withholding the
patent. Bat in order to make the case before the
court analogous 70 that Of Carroll ". Stafford,
Denton shall himself bs party TO the record, con.
testing the validity Of the tax upon his own land
Il 10 eontsnded that the heirs Of Harrsl were not
bound to voluntssr the payment Of these taxes for
they never had any clear ascsrtainsd right TO the
land In controversy until the hnsl decision Of
the Commissioner, In 1846, confirming their claim
and the issuance Of patent TO them for the lands
applied for Even the Jurisdiction Of the land on.
GERS became exhausted but until then there wss
ami nj IN Yataat tina douatton olafnu
And II the Government had the right 70 cancel the
Denton patent and entry and confirm the donation
claim Of the heirs Of Harrsll, and grant thsm .
patent In 1sle ali Of which 10 unqusstioned BY the
trovsny and upon which the State tax Of l842
was levied was the property Of the United States.
and o. suoh was not liable 10 State taxation. The
sale for taxes 10 the sppellsss therefore, null
and void, and passed no title to them whatever.
The defendants contend that where . party has
made an entry and survey Of lands under warrant,
such lands become subject to TAXATION and II sold
for taxes, the purchaser at such sale will take ,
legal title - sgsinst the former owner. although
the patent has never issued from the United States
(Groynul vs. Niswsnser. 20 Ohio, s5e.) Any right
to land, perfect or incho.ts con:titctss Ownership
and 10 taxable; and II this bs the Law then land
under certificate Of entry osn BE- taxed. Such an
entry gives more than an inohosts right, and osn.
ssqusntly ID taxable. II would BE- very sxtraor.
dnsry II persons could purchase lands Of the United
Il
because Of tho neglect and delay Of the proper do.
partment the patents not issued for several years
they arc exempt from taxation, while their neigh.
Dor Is compelled to pay taxes whom deriving no
greater advantage from tho possession In this case
period Of sixteen years had elapsed, during which
time Harrell or his heirs might have settled i'm
proved, and cultivated the land, derived subsist-
snce from II, made an accumulated property on II,
and might have sllnigh worn II out and yet with
out liability to taxation. 1t was also contsnded
that the action was barred BY reason Of certain
statutory Limitations.
JIM. Carlisle for plaintiff In error Revsrdy John.
| son for defendants In error.
Rssidsnees Of hs Jndsss Of tie Ssprsms Court Of
| tie United States.
Mr.. Chief Justice Chase, street north, corner
M. Justice Wayne, No. 2 Franklin Place, I
street.
Mr.. Justice Nelson, National Hotel.
Mr.. Justice Grisr, No. 9 north A street, Capitol
Hill.
Mr.. Justice Clifford, National Hotel.
Mr.. Justice Swayns, Willards Hotel
Mr.. Justice Miller, National Hotel.
Mr.. Justice Davis, National Hotel
Mr.. Justice Field, Willsrd's Hotel.
John W. Wallace, reporter, National Hotel.
D. W. Middleton, clerk, No. 6o8 New Jersey
avenue.
CRIMINAL CouRT-Judge Nsher-(Edw'd
O. Darlington, ESQ., District Attorney, prosecuting
Minnie Bowors, indicted for keeping disordsrly
house. Verdict guilty. cspias to hear judgmsn
George Murphy, indicted for assault and batter,
on Lsvinia Washington. Verdict guilty. CGpia'
to hear judgment.
Henry Knorr, indicted for assault and battery or
Philip PIaton. Verdict not guilty.
Amelia Ward, indicted for keeping bawdy and
disorderly house. Verdict guilty the first count
but not guilty on the second. Sentenced to pay
nns Of IS. smithep for defence.
| N. @. Starkweather and VIM H. Prince, indicted
for stealing lumber, nails, &o.' from tho United
States Nolls pross9ui BY U. 8. Attorney.
william H. Pruice, Indicted for stealing money
from Norris @. stsrkweather. Nolie pro'eqm BY
the United States Attorney.
Columbus Winkleman, indicted for stealing rope
from John +. Connolly. Verdict not guilty. Davii
william II. Trunusll, indicted for assault and
battery on Thomas Connor. Verdict not guilty
Norris for defence.
Joseph Thomas, indicted for stealing q ksg and
A lbs Of grease from Matthew Butler On trial.
Edward Hine, convicted Of assault and battery
on Philip Kisrnsn. Sentenced to pay aAns Of $40
C1Rou1r CouRr-Chief Justice CARTIER
VIM. Walters against George R. Hsrricki verdict
for plaintiff; damages ono cont
william H. Myers against CASTOR @. Morrison
Judgment confessed for $2,15o.l7, with intsrss
from Nov. 13, 1865.
Thomas Coys against the Corporation Of Wash
ington; on trial.
Chas. A. Buckley was excused from further ser
| vice as petit juror for the term.
Assignment for to-day, Nos. lO3, lls, 169, s.
l04, 1882, 1874, 81, 393, 394
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