The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-06-05
lnRsrsant Judicial Ordesr 1lpinieA Of
SWAEe Thomas An ReferS9ee % Der
tain Military Orders.

sSShsa mshss<sEy OsssVH~s
From the Alexandra Gazette, Jane 2.
During the present tom Of the Circuit
Court Of this county, the case Of Lawson
Us. Davis, for the recovery Of certain pro-
perry sold ut the United States direct tax
sale in this place was called up, but CON
tinued for the reasons set forth in the fol-
lowing order, which was read In court to.
day by Judge Henry w. Thomas, and
directed TO be recorded on the minutes,
and copy forwarded to the President OF
the United States.
.Anaoay La,cson, plaintiff, IS. Henry 4.
Ddpis, defendant, ia chdncery:
Be II remembered that upon the calling
of this cause for hearing upon the 29th
day Of May, 1866, the clerk submitted to
the court for its consideration papers
transmitted to the said clerk during the
past vacation of the court by certain ofli-
GERS in the military service Of the United
States, in the words and figures following,
to wit:
HEADQUARTERS
DEPARTMENT or WASHINGTON,
March s, 1866.
General Orders No. 9.-To allay uneasi-
ness and prevent litigation concerning
titles to lands and other property con,
fiscated and sold by authority OF the United
States Government during the recent
rebellion, it is directed that no per-
son within the limits of this depart
mcnt who has duly acquired title to pro
perty BY such sales shall be disturbed in
the possession or control of the same by
the action of any State or municipal court.
The action of the Federal courts in re-
lation to such property will alone be re-
garded.
Commanding officers and the Provost
Judge at Alexandria will report to these
headquarters Immediately any attempted
violation of this order.
By command Of Major General Anger.
Official. [Signedl J. H. TAYLOR,
Assistant Adjutant- General.
Paul r. Hambrick, Captain and Provost
Judge, Alexandria.
HEADQUARTERS PRoyosT JUDGE,
ALEXANDRIA, VA, March 10, 1866.
J. Tacey, Clerk Circua Court, Alexandria :
Sir.-I am directed by the major-gene
raj commanding this department to notify
the Circuit Court of Alexandria county,
State of Virginia, that the suit entered
before said court by one Anthony Lawson,
December 18th, 1865, against Henry +.
Davis, for the recovery of property sold for
taxes by the United States tax commits
sioners for this district, will not be per-
mitted, 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 in
structions.
Enclosed you will find copy Of General
Orders No. 8, correct lines Headquarters
Department of Washington, and you will
be guided by these instructions SO long as
the said order is in existence.
am, sir, most respectfully,
Your obedient servant,
PAUL X. HAMBRICK,
Captain and Provost Judge.
Which papers being Inspected and con-
sidered 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 express its opinion in the pre-
misses.
The court doth therefore hereby de-
clare that it regards this act OF the mill
tary authority interfering with, suspend
ing, and prohibiting the exercise of its
judicial authority, and commanding that
the record of causes in this court be cam
celed by the clerk, as an unwarrantable
and dangerous exercise of power, subver-
sive of judicial independence, and dero-
gatory to its integrity.
The Judge presiding in this court, as the
depository of its authority and the guardian
of it's integrity, unwilling to give con-
structive 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 Con-
stitution of the United States and the laws
of the land, yet it cannot agree to dispense
with the jurisdiction with which ii is vested
except i'm the mode and under the sanction
of prescribed authority.
In this spirit the court hath, during this
term, dismissed actions for damages against
General John p. Slough, late military GO
vernon of Alexandria, upon the ground
that causes of action, if any, arose against
him whilst in the exercise of his duties
During pCllou va Woi, thoe III "oS WV
Judge of the necessity requiring the exer-
else of the power complained of, and con-
sequently not amenable. With like feel
ings 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,
combining it's operation TO such titles to
lands and other property Confscated ana
sold by authority of the United States Go
vernment during the recent rebellion" the
court might have proceeded to the trial OF
several Of said causes, yet, deprecating any
conflict with the military authority, and
being DESTROYS to have this whole subject
considered by the Executive of the United
States, who is also the military head OF
the Government, 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
his consideration and action.