The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-06-06

i,, naa thsisd taas gaysrnr
.of it's aathority as RIchroi1tt. ~ ie
That Government was thus sblished duringthe
yb T 200. 20 d q
t5dIsperseds 81 she saperioT force of ths Urftad
sssses the civil authorities did not necessarily
Tbea as onse =, 70 a,o ,oed d5;ii q
the dty Of I1sihtanie Sfser ,insil sii1,ersedei
I; by The regular Government, iasIfi3 iI71EI
FhgS sshs Common a gonacilto Harrison
nisnt, tsmaisd citareea with % ths aSyeromsnt
or Tho town. nosw tistandlng the temporary
sorsr Sscapasion OF the place blythe United States
It fright have been s,lpefscied Tor i,o Gov G;nycrn.
nient OF the United States wasnot bound TO re-
pg na,ai g Which originated with
seded. O'i "osei ninehs' Dut IL was not supcf--l
The Mayor anI Common Council therefore. ,cx-
ereiangf thetF arthoriry dsrlse,iI from their
have nn rigbt tn Dy vIreae OF military order,
etu aaEeHaEaT court WHOM s6it; has ShesS
brought for an alleged false Imprisonment and
have been t,eG 70 ha hehM3rgsd n to
!, OF their municipal functions. ~ H.s11'If !
ne case renianded 10 TO The stats corrt. 5S.sag /
This y motion to remand the cause de-
,scrlbed in the record to the circuit ceurt Of
Rockingham county. In considering it we
are not at Liberty to look at the merits of
,the controversy between the parties. The
only question which we have to examines Is
that Of jurisdi 3r,,e..I f ,.Ja ~ EclT,
= The suit was originally brought in the
county co eprtef oekingham eountyi i'm the
State of Virginia, by q citizen Of the. State
against other citizens of the State for mali
cfous prosecution, and involved, apparently,
no question arising iunderathe Constitution
and laws of the United States 1t was re-
moved from the State court into;this court
BY an order of the circuit court of Rock
the, acts of Congress providing for srichlre.
dienco to the, orders, of. the national autho-
ritins durina the recent war = .i,..s.'IS,
2! We are to inquire whether the suit thus
removed is one of those for the removal of
which provision has been made by Con-
gress, If not. it is, clear that I'VE have no
Jurisdiction OF 1t, and it must be remandcd
To the court from which it came. ,,l;I .i(g.i..
: rThe modes Of removal were provided. nv
the acts of March Sd. 1863 az. and May11th.
1855 .l2lSone hv transfer; before verdict,
anofher by anneaI after Indictment. If isnof
4 nacessarv hore tn consigerfRe second :. ,Tbe
first nnder tt,e oct of 1894 was y nrocaodinn
hv netition of tbe defendants. fled after e,i.
terfno a mean an annesrance :, or ;f'annearance had
heen entered m nr;or to The II date of .theact. ct.
then at The NEXT session M Of the court. Under
the act of 1866 the proceeding for removal
might be resorted to at any time before the
empanneling of Jury to try the cause. .y
;, The suits which might be removed. In
one or the other of these modes. according
.to the condition of rthe ,narticrlar cases af
~ shs ~ tba nroceed;n e far reoHal sses 81
t,.nra r, ,lIy Gesnribad IN fhn t4o ants aire.dy
iefarrad ~ TftIie s,1ifs nownndcr conside. on
I.,tion soma within 'anx deserintion of these
lonf q tbaLT ,ra cartaif,1v adnsnrihad hu tho
@ f;,st section Of the act IF NAV, II ISe8: That
deccfinf;on incl11des siiits for -any net done
S,iy,;,, 8 lsa rebellfon hvan of1ear or T,erson
IN der anv order issued Inv ar,v military off.
ca,. ~ the limited 2Statess holdino the com.
~ Nv, a;Sf,;ot n T,Iaoa T,;t2 hin which
.,.ah .st ~ Sae dn,,o Iv tha nerson or offii.a,.
sot nyhor, = t1e h nrdar was infen,ied or br a1,y
III ar rnrso,, o;dino or~.ras;stinT him tbere,
9tneT pGtsoa h ~ as ;nni,5a n tbo
LII III fo, WI the ~s1,;t % i, cnntroyersv ont - was wa.
I,nJ;Sht # WAS neh. as we think. within the
rna ma aaHSng ',, Of n;tLer acf of Coneress.E What.
thsn Wera fhe facts in reIafion to these
sI;fs % Two Of the defendants were mem
hers Of the Town Council of Harrisonburg.
The other was the sergeant of the corpora.
tin,,. .>onnointed by the Co,1ncil.l The mem-
hots . Of II tbo Co,Inc}l We're elected, dnrina the
,,,dr ,,,i,;Io IIarrisonhnro ,yos within the
C"nIadnrntc Iines and .nnder the control. of
~ i,,r,r"o,,t l,oyern,nenf of V;rpin;s :;
0n ILL., sn;.,roa,s} of tho ,cornorstio,,, ,vas
o,a14ad nft Ill orer,nized yes;stancc To the,
,nt;",,,i ,,ti,n.;fsI bod ne,eod in Virgnios
f.o, ti,a ST., aovarnmont wbcR had
ail aas.n sod nt ~ eeI;nn and oonzed
b,Ytbo " f3nitcd States ne ths rightfllI govern.
u;nnt of VIRGINIA. had been established i'm
,,mI;sn1ited exerGise,S Of its authority at,
pinh,pn,,d: - >c->rD;,,''f lST.7'.I3I s, s.,.8.
This snitwas brought by Woodson against
oort,;n nn,obers, of fine Town Council of
n ~ n.,r,.;.onI,,,r~> and AGAINST the town SER
CO. nt for u,alirin,1s nrosec1,tion. The facts,
: ,,nau,. 80 I've that he was arrested: that his
a.. w. Wis eyamiueJ with reference to farther;
nrnceedinrs and that he was discharged
bbythe' b M instice of,the peace who, conducted.
tie examination. :. nait8sctt,srJ ,lD"It3iR 81
The first question il, Whether that arrest
under the direction OF the Town Council
by!the town sergeant was On! act done in
pursuance of nny orderofthe officer i'll COM
m.,nd of fine districtP We have referred to
lso,,arni 0rSer No.I1f. issued from the posti
h dnn,rters an, fine 1fth of ,Iune. 1865, by
the ,n;iitarw officer then commanding the
Jisir;c in which -Hurrisonbura, was fsitil-.
atsI. | - IT ia to he borne i'm mind that the
Of the Common Council Of Harri-
snnbnra. % had been elected TO that office while
tba iusi,raents M E government Of Virginia was
in .ent;ra cnntYoi; Of that portion of the
State. ST @ = When that government was dis:
nersed. % 'byN the superior force of the;
fffnited 4States the civil authorities did
NOT necessarily cease at once to exist. They
coutinned cor in being de factO, charged with
the duty of maintaining order until super
sedea Nv fine regular Government. Thus the
Co,nmon W Coilieil OF Harrisonburg remained
charged with the government Of the town,
tie Temporary occupation /
Of the MACE fbY the United States forces.
no,IbtIess It might be superseded. The
Goyernment sof the United States was not
bo,,nd to recognize any authority which
originated under the rebel government.
But itwas not superseded. On the contra