Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-05-13

US. CIRCUIT Court, AT RIcHMoND.-One
Of the civil cases taken up, in the .. S. Cir
cult Court, at kichmcnd, Judge Underwood
presiding, was that of Morris vs. the Unitod
States; and is thus reported in the Richmond
Wing:
This case grew out Of the petition of Cow
eTneur Morris, Of New York, next friend OF
Mrs. Patsy Morris, OF the same State, to set
ASIDE the sale OF property in Alexandria valued
at between fifteen and twenty thousand dollars,
selzed under the confscation act of 1862, as the
property, OF Orlando Fairfax, who was alleged
TO De dlsloyal to the Government. The petit
ton stated thai the United States District At
torney directed the Marshal to seize all of the
property OF said Fairfax, and the Marshal re-
ported that he had acted in accordance with his
directions.
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
n~eculiar necessities of the case, authorized fine
seizure before filing libel, it was still necessary
that actual possession should be taken by the
Government, or other actual or constructive
notice given in order to make valid title as
against innocent purchasers or membranes
without notice.
81. That the Government, in this class Of
cases, docs not occupy the position of an limo
cent purchaser, but can only take such title as
Fairfax himself should give.
Sd. That the proceeds of sale still remaining
in the custody of the court, it is competent tol
The court to control its own decree and make
such order as is equitable in the case,
Also, that no record or other notice Wa
given Of The seizure, nor was there any aetna
possession Of The property by the Government
that the petitioner, having notice OF the con
f~iscaLion proceedings IN SAID case, attached th'
property in question in due form OF law to sat
isfy a debt of $25, 900 due from Orlando Far
fax to the petitioner that afterwards, IN Oc
tober, 1863, a libel was filed in the Dlstrlc
Court Of the United States, and the property
confscaled and sold Hereunder.
Elc stated, faprthly, in conclusion, that thu
intention Of the confiscaLl0n act beng among
other things designed 10 punish dlsloyal per
sons by depriving them Of their property, thf
object of the act will not be secured, but ONLY
an innocent person will suffer and be deprived
of her property il the petition be refused,
when, az is proven, she was at the time, con,
tinued to be, and still is, loyal to the Govern.
ment of the United States.
He further contended that, under the rule;
which govern the admiralty side of the court,
it is competent for the court to make such OF
der or modification Of L nd gment already ran-
dered as would do substantial ~instice.
Mr.. Chandler, the United States District
Attorney, replied in behalf of the claim OF TIT;
Government to the property. lie reviewed
the argument Of Gen. Wells, and took the
ground that no notice Of the seizure was neccs,
sary that the notice subsequently given blythe
! filing of the libel was sufficient; that the Gov
eminent Of the u. S. is entitled to priority and
preference over citizen creditors, and that ii
did not comport with the dignity Of the Coy
crnment TO place Il record Of the proceeding
in the Circuit Court of Alexandra county, as
was claimed TO be its duty by the counsel Ion
the petitioner. Mr.. Chandler alluded to the fact
that there had never been in this, as in other
Federal courts, DEGREES by defanlL under Tue
confscation act Of 1862; also, that there are
few titles superior to that arising from Il Mar
shals sale under Il due process OF law.
The interest Of the case is somewhat en-,
hancel, from the fact that the parties to 1t on
both sides are representatives OF The oldest and
among the most distinguished families OF Vn+
pinia and New York. Gouyerneur Morris i,
the grandson OF his ancestor Of the anne name,
who was a man of mark even before The revo
luton. He was a member Of the Continental
Congress and minister to France during Wash
ington's administration, and also held othe1
high and important official positions.
DR.. Fairfax belongs to one Of The oldest 0
the families Of Virginia, and is 4 worthy sclot
of II distinguished parent stock. His kinsman
Baron Fairfax, who died at Greenway Court
near Winchester, in 1882, was the earliest pa
tron and friend OF Gen. Washington.
The judge decided that the case came prop
erly before the District and not the Circuit
Court. Mr.. Chandler, however, thought i
best that his argument should be heard thai
Of the petitioner having been heard before The
Judge expressed this opinion.