The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-01-31

n Manual y. I.lIArdi ct nj.
Thc srr1ment Of thesc causes was commence,
AID continued e. NJ Meoonncil, Of counsel Tor
"s hsIaer"ed untli to.morrov mornInr Al. II
a,ciocS '"o' 1A''' 'o"" 'e =
- y
surRfS &c C9gn5 OF r.s DIsrn,er or Cotu n
n.A.Ghn tne lus,ces sat w oahe yes'erusy' ana
On motion Of MT, Wilson, Mc..r.. Wilson and
and rspos, upon the qualifications Of T. L. Stan
w% + Purcell ,I Va q; :; 4 IN Miner and Wife Ap-
Missing PuiieeYi's . bill " '' 'u''''' "'n' us
the court It below wi, Cha, NJ, m,,,, w.,,,
been bound BY ne Judgment OF me court In the
iormcr case, naa u oeen ndverso 70 net intere.t.
70 IN THIS case TOT the same msuef' me enti-
suit. L. .,,.
ths suprcm. Gou,t AZ the Tin,teS ststcs
ne supreme uoar nn 2, .ns me- Hs
TB. Maokal, Jr., W. McFerron OF al Oliver
N. Wilson. Bilito enjoin tho defendants ofiicers
ings erected during The war upon iot on FOUR
teenth street, belonging TO the plaintiff. This
case was presented By counsel without formal
Judge wylio, In calling the attention Of the
sshoush The legislative and esesatiae SssnsSs:
not co-equal; for the legislative power was gu.
premc, and the oiiee q the executive depart
iessissiSc An ocep even II Sctins sa unasyr orc
he United States and en.tlea 70 Weld tSo powSi
snee with the law. '' ""''' "'s :" "'''''-
Judge 0lin said n tho Comma nder-i n Chief
n had time right 70 .S., sa. property Ss
subordinate. The state OF Affairs existing in
the District at the time this property was seized
Judge Willie took ii m Al no offlcer hnd 4 flint
to interfere with private rights, except In &C.
take TO seize his house and turn his family into
never submit without prS,e.s 70 saoh t1f s
The opinion Of the court was pronounced BY
Chief Justice Cartier
The Chief Justice said that this was . bill
had taken private proportv' The answcr ssts
forth that the seizure wss made by order Of ths
court concurred in Inc doctrinc that in tima ~
peace the Government could not take possession
81 private real estate, and would give a legal
remedy against the Instrument who sourh{ Ia
do 30 with no other Authority than his eoefsdc
But this ease grows out OF one OF the bloodiest
The centre OF eonaiet. boIcaencd hy nnemda. M
military rather than civil government. Under
. .sos The TOD
porary building Tor the use Of the Nnyv Denspt.
ment. They had no civil right; tSey Nd NO
fend itself and put down rebellion. which stSovc
TO destroy its life.
with lie victims 81 homicae thew Ss, sIstss
for the maintenance q this government ses WAS w
suggest such doctrine. II tSey baa ths III, 70
carry on this war thew had rivht IL accnrv
this lot, build on It, and remove the buiidins
4. 4 A a
pursue hfs claim before the tribunal which the
Government had estsbiished for thai putpose '"'
Mr.. oliver called the attention Of the court TO
as this from The ~ tSo Soult
Of T CLAIM hS,., ,,.,,,. ,..,,...,
ment has superyened with an inianet,on' Il
ton on IT, iii was shown that his case Samc
Interior: WIN = e nj. ss:e came undo! ne
And this ipiunstion nina, ~ ai.Bg, s. no. 90 WIN H.
Judge Wyiis would have been glad to have had
issue }or longer time and with srestes dSliSeIs.
tion, yet at the present aspect OF the subject he
felt Ii his duty to differ with The majority Of the
eminent citizen OF Boston, a man Of genius, en-.
gagged In the notc-printing bureau, was soiSed
and immured a prison il tEis city fos thirty.
he would 90 liz sscsstarS Of Wns
the Justice to say, was done without his Al.
thorityi It was done by Lafayette O. Baker, who,
at that time, had some conn ction with miiitarv
necessities. Certainly this act was done with.
out warrant Of any character, and, in peace or
war, was a gross outrage on the liberty OF the
citizenj yet this was done under the plea of a
WAT power.
He was ready to UNFOLD the ofaoers Of tho Gov.
eminent to thd fullest extent equired BY the ex-
igcnoles Of the public service and in ths case the
question occurred was there military ncce ssity :.
The Government could have rented a iot On
which to erect building for the use of the pay
department. There was NO nccessitv' miiitnry
or otherwise, to seize this lot Rut fhare IL nd
war now. No parricidaI hand nav threatens tho
nations liso. II Ia Ia the miist Of profound
peace that We are called on 10 decide this case.
The Government, so long ago IA November =
notified tho owner that II would yscete The iot'
II left the building on II after hi had terminated
It's occupancy, and were The ouaation hetwnen
two private citizens, there could he NO Iouht
that the edifce IN question becoming mart ~ the
reality became with tho lot the owners pron-
erty. For any person 10 cnter and mndcrt,fsR