New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-19

tie appropriate tribunal and determine tt4
the contrary. the very Circumstances that the plaintiff
car have opportunity to pe,ent the question upo9 the
Oil ciou % tie inTifdoon lny stage Of the mil IT,
wien tie evidence closed shfA appear that ~ causes
were not 20 within thecoguzance os The court
uDier lie d 1873 II will ~ It's duty TO instruct the inry
that ihe Court ha no Jurisdiction Of Aem INA 70 remand tue
Tie Pollard and Picket Dwight ct al. q Craneh
42s h an tutLCry FOR ibis view. hai was the cast o.
oil elm taken the Jurisdiction. error. 10 the
oiscui and Chief Justice Arshal ahet oFeIulng the el
ton Observed Were II ottervis the Cs' Of the Cheult
Court would been Pomlnd TIE 10 the state con
10 whoa was 4Atated ana ths 'saft NO w Ve DosH vi
to direc ha preceding (ee also Iggs an hIeA w. " "a
II cle where original Jurisdiction is svnrre directly
the Cra Court as in the second section VI the nc, under fo
sideTstDn IN behalf Of perseo who has Fecei' ga on y
act done IN protection the reveDns laws ahe uflsue
tonal qesiinn whether or not the ac !" - done ,enf
meaninc Of the statnte may be raised by plea IA
The enz,nsh2 OF the parties as 20 i Toper plea
ps ear Be- ns,s Cp s 1 pc ,
plcable objection founded upon every olner Ilsc4s
been decsd But the principle has Application 10 te oc
ofoTigus Jurisdiction acquired indirectly by Temo'aI o
State Coi TO this Courts as the defendant taen !. cor t
so FAR he question Of the removal Is inyClyet 20 N
she jaxution' nnd as we have seen the p1nitih .s
removal har opportunity according TO the practice AK
Court topresent the question upon tho pleadnzs.. ~,
Athorh the act 81 rs 70 the person the rgt - sac IN %
court foran iauy his properly Tor an ae duh IN
projection Of she revenue does the sane right 10
he PARTY claiming 20 have eu3tgned AN INJURY ro1 snch IT
CON Audience The on v iuiIc remedy Is BY IN Ire
te rt subject 10 Ito indirect origis 81 iursdicoa OF Is
Conr incases who're Il is given By removal H. Iie
crses Therefore In oueoa were properly instituted IN a.
state Court leaving the only question for consideration
on this notion the legal effect OF the removal,
and as that We arc OF opia@n' inssnash d. '.S
il not roper competent for this Court 10 determine the
the upon notion and ta nnsaen as the qaesl ION
jurisdiction involving them cannot be raised upoo tls pau
ines the roper place 20 hear and deeriH inem s on zoe
ml whor the pintt al liberty totake ad'shis6s Of 'o
objection. u......,o. 81, On. ,n,ro.
priey n Mt possibility Of determining shls question upon
motion wiero nr irrisdic,onai facts are eeatested
the sui IS brought in he state Court account a acts
by hsdeendan under The revenue laws or under s,,
thereof willie "fcer by virtue Of the authority 81
more fu developed IN the payers IL G,it"u
CLAIMS hold tie cotton captured abandoned ane con
isc1or prpsry unaer ilo acts Of AoflsI O. ieSi IN -
sJ aud ly r6i Ana IN addition u Ii SUI ests1 th4'
tho cotton conh,cae ~ having been nres-ed ior es M
pose Of running tie blockade The 4laih INSIST tAe she
uoer ut tie time II came INTO ne possession Z" lne
io nden nor 81 any Tune psy%I t, wI 1se p uy
title 10 thesno complee AL perfect a. the TINE ttry
were aepated 81 IT, 81 Is also iareher Insisted tAat
they have been deprived Of inc possefsi"h NNhou'
dle process w and against the guarantees OF tue oaS
uiiOn an tl' Is not COMPETENT ior tw, 90 ne aepit
nants az a. Cover rent the Executive AMI Legislative
combined c1nLsCse tle property OF the ctz5n NtA- r.
sort o. Lo udic department OF the Government AFNh
b. readily the case involve some OF tn gra'est qa,s
ons o flr law AID which are incidentally connect
tic~ erre o,d lie rres.nted tbc auiieutc frm.
Having grived ~ this conclusion tue must he re-
min e sion u sdictou; and TINT 1t cannot be heard
dteraucd aIcsp, Oh TIE til question crises as 70 we
hands of tic Sheriff. g.,
The act tiovaes that all attachments mad and all bal and
other sccuy given upou sut or prosecution shH De
md cortrrr M Ike force and effect II the sane silt or
ecufo bod proceeded 20 fna Judgment md execution IN
he State Court We do NOT doubt or su'Aory
to deal with this cotton, so as 20 prSserfe
Inc rah OF all partie the during the litigation ai
t should url tue end that tits Cont had no JuIsae
lion in remand Che same iis proceed with TO causes 70
Tho state CONT n deposition is made Of me cotton Nv
amcebe adjustment subject may be brought before u "
eiter n,t on reasanarls notice % the otner We Won ~
houegr respectfully suggest The prop1ey OF sac 81 ~"
article under the direction Il Tho Court tie proceeds 10 %
bff fs The REGISTRY 10 abide the result OF the litigation
Ol~ -e IS 20 direct guch proceeds 70 be deposited Wih
The n-ed States Trust Company o. the City OF New oi1
ar n may be agreed o. for the benefit O. whom
u concern. - o. - ,t,r,t n
Nos.-s Flster Thomson. Charles OConnor. William ~
Tvurts and Edwards fcreroni for Donuht"ah Co'i Nj
S4uncI Cu4Iiley United states Attorn Tor Dflr "Lu
Nr Clara E4u,s Special Counsel for Treasury Depart
meut