Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-05-21
0. s. Circuit Court, at Richmond.


One of the civil cases taken up, in the U.
s. Circuit Court, at Richmond, Judge Un-
derwOOd presiding, was that of Morris VS.. the
United States; and is thus reported in the
Richmond Why:
This ease grew out of the petition of
GouVcrneuF Morris, of New York, next
friend of Mrs. Patsy Morris, Of the same
State, to set aside the saIc of property in AL
exandria valued at between fifteen and twen-
ty thousand dollars, seized under the confis-
cation ac. of 1862, as the property of Orlau-
do Fairfax, who was alleged to be disloyal to
the Government. The petition stated that
the United States District Attorney directed
the Marshal to seize all of the property of
said Fairfax aud the Marshal reported that
he had acted in accordance with his direc
tions.
Gen. Wells, of Alexandria, the counsel for
the petitioner, argued that under the general
practice in seizures and like cases, no valid
seizure could be made until the libel was filed.
and that while the act of Congress. from the
peculiar necessities of the case, authorized
the seizure before filing libel, it was still nee
essary that actual possession should be taken
by the Government, or other actual or con-
structive notice given in order to make
membranes without notice.
I'd That tho Government, in this class of
cases, does not occupy the position of an in
nocent purchaser, but can only take such til
tie as Fairfax himself should give
Sd That the proceeds Of the sale still re.
manning in the custody of the court, it is com
petent for the court to control its own decree
aud make such order as is equitable in the
case.
Also, that no record OF other notice was
given of the seizure, nor was there anv ac-
tual possession of the property by the Cow
ernment; that the petitioner, having notice
OF the confscatiOn proceedings in said ease,
attached the properly in question in due form
OF law to satisfy debt of S25, 900 due from
Orlando Fairfax to the petitioner; that aE
forwards, in October. 1853, libel was fled
In the District Court of the United States.
and the property confscated and sold there
under.
he stated, fOurthly, in conclusion, that the
intention of the confscation act being among
other things designed to punish dislOyal per-
sons by dePriving them of their property, the
object of the act will not be secured but only
an innocent person will suffer and be deprived
of her property if the petition be refused,
when, as is proven, she was at she time. con-
tinued to be, and stills, loyal to the Govern
ment Of the United States
He further cOntended that under the rules
which govern the admiralty side of the court,
1t Is competent for the court to make such
order or modification of judgment already
rendered as would do substantial Justice
Mr.. Chandler, the United States District
Attorney, replied in behalf of the claim of
the Government to the property. lie re-
viewed the argument Of Gen. Wells. and took
the ground that no notice of the seizure was
necessary; that the notice subsequently Civ
en- by the filing of the libel was sufficient:
that the Government of the u. S. is entitled
to priority and preference over citizen cred
Itors, and that it did not Comport with the
dignity of the Government to place a record
OF the proceedings in the Circuit Court of
Alexandria county, as was claimed to be its
duty by the counsel for the petitioner. Mr..
Chandler alluded to the fact that there had
never been in this, as in other Federal courts
DEGREES by default under the confiscation act
of 1862; also, that there are few titles SUI
perior to that arising from a Marshal's sale
under due process of law.
The interest of the CAGE is somewhat en-.
hanced, from the fact that the parties to it on
both sides are representatives of the Oldest
and among the most dignified families Of Vir
ginia and New York. Gouveneur Morris is
the grandson of hisaucestor of the same name,
who was a man of mark even before the rev.
Olution. He was a member of the Contiuen
tai Congress and minister to France during
Washington's administration, and also held
other high and important official positions.
DIR. Fairfax belongs to one of the oldest of
the families of Virginia, and is worthy scion
of distinguisguished parent stock. His
kinsman, Baron Fairfax, who died at Green
way Court, near Winchester, in 1872, was
the earliest patron and friend Of Gen Wash
ington.
The Judge decided that the case came
properly before the District and not the Cir
cult Court. Mr.. Chandler, however, thought
It best that his argument should be heard
that OF the petitioner having been heard be-
fore the judge expressed this opinion.