Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1866-06-02
HEADERS. PRovosT JUDGE, !

j. Tacey, Clerk Circuit Court, Alexandria:
Sir:-I am directed by the Major General
commanding this department to notify the Cir
cult Court Of Alexandria county, State of Vir-
ginia, that the suit entered before said court by
one Anthony Lawson, December 18th, 1862
against Henry F. Davis, for the recovery Of
property sold for taxes by the U. s. Tax Com
mssoners for this District, will not be permitted
and that the said complaint must be disposed of
by Federal court.
The proceedings in this and similar cases will
be cancelled by you, and the parties to such
suits notified regarding these Instructions.
Enclosed you will find copy of General Or
ders No ., correct lines Headquarters Depart:
ment of Washington, and you will be guided
by these instructions, so long as the said order
is in existence. I am, sir, most respectfully,
your ob't servt., PAUL 4: HAMDR1cK,
Captain and Provost Judge.
Which papers being insp ected and consider
ed by the Court, and it appearing that there
are other causes upon its docket Of this term
to which it may be supposed said orders also
apply, it Is deemed proper by the Court, to ex-
press its opinion in the premises.
The Court doth, therefore, hereby declare
that it regards this act Of the military authori
ty interfering with, suspepdi0g, and prohibit
ing the exercise of its judicial authority, and
commanding that the record of causes in this
Court be cancelled by the Clerk, as an unwar-
rantable and dangerous exercise of power, sub
versive OF judicial independence, and deroga
ting to its integrity.
The Judge presiding in this Court, as the
Depository of its authority and the guardian
of its integrity, unwilling 10 give constructive
sanction thereto, by its silence, doth hereby
firmly enter its protest against the same, and
doth further declare, that whilst the Court will
in all cases that may come up before it,respect
all the rights that parties may be entitled to-,
under the Constitution Of the United States
and the laws of the laad, yet it cannot agree to
dispense with the jurisdiction, with which it is
vested, except in the mode and under the sane
ton Of prescribed authority.
In this spirit the Court hath, during this
term, dismissed actions for damages against
Gen. John P Slough, late Military Governor
of Alexandra, upon the ground that causes of
action, if any, arose against him whilst in the
exercise Of his duties, during period of war,
that he was the judge of the necessity requir-
ing the exercise of the power complained of,
and consequently not amenable, With like
feelings the Court has declined to hear these
causes at this term, but has continued them.
Notwithstanding by the strict and literal terms
Of the said General Order, confning its opera
ton to such titles TO lands and other property
conyfscatca and solo, By authority Of the United
States Government, during the recent rebel
lion" the Court might have proceeded to the
trial of several of said causes, yet, deprecatlng
any conflict with the military authority and be-
ing DESTROYS to have this whole subject consld-
cred by the Executive Of the United States,
who is also the military head of the Govern
ment, the Court doth order that this paper be
spread upon the records Of the Court and a
copy thereof be forwarded to the President Of
the United States, for bis consideration and
action.