The New York herald., 1870-12-20
WASHING ON.
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IMPORTANT JUDICIAL DECISIONS.
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Forced Sales Of Property In Military
Possession Illegal.
The Army DefalcatiOns at
Fortress Monroe.
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MORE BLUNDERS OF THE TARIFF ACT.
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Monthly Report of the Commits
sioner of Agriculture.
MORE BLUNDERS OF THE TARIFF ACT.


WASHINGTON Dec. 49, 1870.
Important Judicial Docisions-Risht, OF Ab-
sent Rebel Parties to Suits Sus;aiacd.
In the Supreme Court OF the District to-day sitting
| In General Term, Judge Macarthur delivered the
opinion OF the Court in the OF Dun and Bena-
MIN Green w. Columbus Alexander, involving the
validity OF the purchase OF the Ola Capitol property,
| used during the war and known as the Old Capitol
| Prison. The suit was entered some time since TO
| set aside the sale made to Mr.. Alexander, who has
converted the building into residences and to per.
nit the plaintiff to redeem the property which was
sold under deed OF trust while the govern
ment held the building in possession. The Court
1 directed that The sale be set aside and
the PLAINTIFF allowed to redeem, and that IN account
| OF debt, improvements, &c. be taken. The Court
held that, as at the time OF the sale the property was
| held and used as q military prison and guarded nv
soldiers, free ingress and egress being prohibited
such sale could not be an open sale as required by
law, and on this ground alone the Court would have
been compelled to set the rule aside; but there was
another ground-Congress, the Executive and the
/ Supreme Court, all have held that the war
OF the rebellion was q public Such
wars suspended the ordinary relations between
debtor and creditor and In the recent case OF Dean
VS.. Wilson the Supreme Court OF tho United States
decided that the sale under mortgage OF the estate
| OF person who was absent within the lines or the
insurgent States did not extnguish the right to re-
deem For these reasons the Court directed the sale
| to be set aside Judge Wye announced that, While
he concurred with the judgment OF the Court, he ala
| so for the grounds first mentioned by the opinion,
| and not for the second reason assigned. At
| the same session OF the court the OF Camp
| bell VS.. Popular Life Insurance Company was also
| decided. In this case the plaintiff was the benel-
| ciary OF the policy or Insurance. provision OF
which forfeited the premium If the party insured
Died by reason OF intemperance, ana submit ed the
question OF the cause OF death to be peremptorly
| decided by the surgeon In chief OF the company.
| Evidence OF the decision OF the chief surgeon was
| on the trial below, excluded by Chief Justice
4 Carter, the ground that the clause OF the con-
| tract which submitted the cause OF death to the
Judgment OF an agent Of one OF the parties to the
contract was void for reasons Of public policy.
| Judge Wylie pronounced the opinion OF the Court
reversing the decision of the Chief Justice He said
that party to . suit he could himself submit the
case to the arbitration Of agent OF OF the par
ties and he could so submit 1t at time he could
contract to submit it at another.
The White House Besieged by Fenians.
Some people are curious to know what Ben Butler
and the Fenians figuring for, in consequence OF
| pr0tracted interview which some or the leading
| Chiefs led on by the belligerent Ben had with the
| President this morning. Several prominent Fenians
| have been here for some days waiting for fayora.
meanwhile they have been in consultation with
| certain republican politicians, including Senator
| Cameron, Zach. Chandler and especially Ben
| Butler, who seems TO have assumed the role OF a
| new Fenian leader. This morning he headed de-
| putaton, consisting OF j. W. Fitzgerald or Can-
| cnnati, exmembcr Of the OHIO Legislature and
| President OF the Cincinnati Common Council
| A. l.. Morrison, member elect or the Illinois
Legislature from Chicago; John F. Scanlan,
4
| who are leading members OF the new Fenian or.
| ganzation, known as the United Irishmen, and who
| proceeded to the White House, where Ben Butler r
| introduced them to the President. The cordiality
| with which Grant greeted Butler was particularly
noticed, inclining the Fenans to the opinion that
having Butler on their side they would also the
President They are disposed TO regard the object of
their visit secret. Fitzgerald Is the President
OF the United Irlshmen's organization, which, II is
| said has over 10000 members. They are strong
proectonists, ana taetarT was one OF the subjects
talked ABOUT The Alabama claims and the fishery
| question were also touched upon-NDich might have
| been expected from deputaton composed OF
Butler and his Fenian friends. Growing out OF this
interview there is rumps among the lrishmen that
Secretary Fish is to retire from the Cabinet very
soon, and that he is TO be succeeded by Ben Butler
This idea delights the Fenans who also pleased
| at me prospect Of General Schenck going rs Mn.
lister 10 England. 1t is whispered that more viz.
orous foreign policy, especially with reference 10
| England. may be Instituted. for the purpose Of
attracting the Irish vote to the republican side IN
| the next Presidential election.
The Defalcation at Fortress Monroe.
| The Investigations in the Engineer department at
Fortress Monroe have resulted in some strange dis.
| closures which would have been made months ago
had 1t not been that the fathern-aw Of the defauer
i w that
| this father-inlaw winked at the fraudulent prac
1 tices; but this part OF the story IL probably
false. The guilty party has peen regarded as a
| good fellow" among certain class, not for his
virtues, but for the government property that could
| be got out OF MIN. He came detection some
| months ago. when he accused TO his face by
negro laborer OF robbing the government but some-
/ how the charge speedily hushed up. Now the
whole story OF his dealcation is known to the an-
thorities and the original papers proving his guiit
! are In the hands OF The Colonel at the head OF the
| department The confederates recipients oil the
stolen goods are 10 be treated with great severity
| Only few have been caught yet. one Of them
a storcxeeper, is said 10 have received several hun
4 dred dollars. Another surgeon in the army, at
! present IN California, is charged with receiving
goods TO the amount OF seventy-dve dollars, and
| there others implicated whose names nave not
\ yet transpired.
1t seems that the principal in tins case mas made
1t his business to deiraud the government at every
opportunity He and his principal confederate have
| kept government laborers as private servants for
months at a time. About six months ago letter
| was sent to the head Quartermaster exposing the
whole swindlc and duplicating these men by name.
They were notified OF the charge, which they imme-
diatcy denied, and pretended TO make great exeg-
ons 10 obtain the name OF the writer Of the letter
They accordingly addressed letter to him and
placed II in the Post once, bnt eTectualy prevented
its taking by spreading abroad a statement that IL