The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-05-14
FRIDAY, MAY ID, 1869.
TVE TYToUITf or JUSTICE.

y
cisio, in the United States District Court, Mt
Ricbmond virginia, which will thoroughly
orousa the indignation of the loyal people of the
whole country If not against the Chief Justice,
certainIy against the law which he expounded
When Virginia plunged into rebellion i'll 1851,
the United States Marshal for that district turned
over to the so-called Confederaey all the Gov
ernment property in his hands. This was not
an isolated case. The pro-Rebci members of
Buchanan's Cabinet had taken care that every
office within the gift of the Executive in the
Southern States should be filled by red-hot
secessionist and when the crisis came, the
United States Marshals, Postmasters, and other
Federal officers entrusted with the money and
property of the Government, without amoment's
hesitation, and without any effort to regard the
obligations of their oaths, generally followed the
example of this Richmond functionary by turn
ing over to the Confederate authorities every
thing in their possession which belonged to the
United States. Then followed the war against
the Union, and during its progress, and for two
or three years after its close it was utterly inn
possible for the representatives of the Govern
ment to enforce, or even to make any claim
upon these delinquent traitors for restoration
of the property which had been disposed of by
them in this fashion.
United States through its proper representa-
tives, to demand restitution, the demand was
made, and the regular machinery of the Federal
courts called into action to enforce it. The first
case which was brought up, we believe, was the
one in which the United States sustained a
nonsuit yesterday in Richmond. The traitor who
had been appointed United States Marshal for
the district of Virginia by the Buchanan admin
istration pleaded the statute of limitations in
bar of the claims and Salmon P. Chase, the
Chief Justice who received his commission
from President Lincoln, sustained the plea and
thereby permitted the delinquent official to
escape the consequences of his reasonable
action.
If this were the only case which this iniquitous
decision would affect, it would be a matter of
comparatively little moment; but if the question
be carried to the Supreme Court as it certainly
should and be sustained, it will necessarily apply
to every similar case throughout the South, and
the treasury of the United States thus made to
contribute directly to the Inauguration of the
war against the integrity of its own territory.
1t would be difficult to conceive of a more fla
grant violation of the first principles of justice
and common sense than is involved in such
state of affairs. The Chief Justice is entrusted
with the Interpretation and enforcement of the
expound these laws in accordance with the time
honored principles of Interpretation, and to en-
force their provisions as thus construed,
without the fear of popular clamor or,
favor for individual interests. As
we have not yet seen the decision in full, it is
impossible to express any opinion upon the
merits of the arguments by which the Chief
Justice had been led to pronounce it. 1t is
barely possible that he has given to the law as
he finds it in the statute book the only construc-
tiOn of which it will admit, and that the fact
that it was utterly impossible for the United
States to assert its claims at an earlier day, be-
cause of the hostilities prevailing between the
two sections of the country, did not operate to
put the statute of limitations in abeyance
II this be the case, we can only
say that it affords another striking
illustration of the variance between law and
justice. According to the old maxim of the
common law mo time runneth against the
King" This maxim has been enforced again
and again in this country, and the books of the
Treasury at Washington are now encountered
with numberless unsettled accounts against Gov
ernment Debtors some of which are of fifty
years standing, with no attempt at enforcing
them, because a judgment against the parties or
their legal representatives would be absolutely
worthless. Its application becomes even
more reasonable when the Government
is prevented from asserting its claims, not be-
cause of the insolvency of its debtors, but be-
cause of the prevalence for years of state of
war and the consequent temporary overthrow of
all the legal machinery for enforcing them. If
the law as it stands should prevent the applica-
tion of the maxim in cases of this character.
there is, of course, no remedy, but this does not
abate the glaring injustice which is perpe-
trated under its shield and by its sanction.