The New York herald., 1870-12-20
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IMPORTANT JUDICIAL DECISIONS.
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Forced Sales Of Property in Military
Possession Illegal.
The Army DelalcatiOns at
Fortress Monroe.
MORE BlUNDERS OF THE TARIFF ACT.
Monthly Report Of the Commis-
sioner Of Agriculture.
F'enian Raid ON the Whit q
House.

Important Judicial DccisOns-Richts Of Alb
sent Rebel Parties 10 suits Sustained.
In the Supreme Court OF the District to-day, sitting
| IN General Term, Judge Macarthur delivered the
opinion of the Court in the case of Dun and Bena-
| MN Green w. Columbus Alexander, involving the
validity OF the purchase Of the Old Capitol property
| used during the war and known az 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 ana 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
directed that The sale be set aside and
the PLAINTIFF allowed to redeem, and that an account
OF debt, improvements, &C., be taken. The Court
held that at the time OF the sale the property
held and used as military prison and guarded NY
soldiers free ingress and cgress 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 tho war
OF the rebellion a public Such
wars suspended the ordinary relations between
debtor and creditor, and In the recent OF Dean
vs. Wilson the Supreme Court Of the United States
decided that the sale under mortgage of the estate
OF person who absent within the lines or the
nsurgent States did not extinguish right to
deem. For these the Court directed the sale
to be set aside. Judge Wyiie announced that, while
he concurred with the Judgment OF the Court he did
so for the grounds first mentioned by the opinlop
and not for the second reason assigned. At
the same session Of tho court the case OF Camp
bell vs.. Popular Life Insurance Company was also
decided. In this the plaintiff the bencG-
ciary OF the policy OF insurance, provision OF
which forfeited the premium II the party insured
died by reason Of intemperance, ana submit ed the
question OF the cause Of death to be peremptorily
decided by the surgeon in chef OF the company.
Evidence OF the decision OF the chief surgeon was,
on the trial below, excluded by Chief Justice
Carter, on the ground that the clause or the
tract which submitted the cause of death to the
judgment of an agent OF 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 as party to suit he could himself submit the
to the arbitration of agent OF OF the par
ties, and II he could submit 1t at time lie could
| contract to submit it at another.
The White House Besieged by Eenians.
| Some people are curious to know what Ben Butler
and the Fenians figuring for, IN consequence of
| prOtracted Interview which some or the leading
| chiefs, led on by the begerent Ben, had with the
President this morning. Several prominent Fenians
have been here for some days waiting for favora
BILE opportunity to besiege the White House, and
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 Fenan leader. This morning he headed de-
putation, consisting of J. w. Fitzgerald OF Gin
cinnati, ex-mcmber of the Ohio Legislature and
President OF the Cincinnati Common Council;
A. l.. Morrison, member elect OF the Illinois
Legislature from ChcagO John +. Scanan,
of Chicago and Captain NJ. Boand, OF Louisville,
who are leading members OF the new Fenian or
ganiZation, known the United Irishmen, and who
proceeded to the White House, where Ben Butler
introduced them to the President. The cordiality
with which Grant greeted Butler particularly
noticed, lnclinng the Fenians to the opinion that
having Butler their side they would also nave the
President. They disposed to regard the object OF
their visit a secret Fitzgerald the President
OF the United rishmen's organization which, IL is
said has 10000 members They are strong
proectionsts, ana the tariff was one OF the subjects
talked about The Alabama claims and the fishery
question also touched upon-whch might have
been expected from deputation composed OF
Butler and his Fenian friends. Growing out OF this
interview there Is a rumor among the rishmen 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 the prospect Of General Schenck going as MIN.
lister TO England 1t is whispered that more Wig
orous foreign policy especially with reference to
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 faherinlaw OF the defaulter
is prominent general. 1t is even whispered that
tbto fafb 1au 1uiu ukad fha frau1 mi ant
iiccs; but this part Of the story is probably
false. The guilty party has regarded as a
'.g0od fellow among certain class, not for his
virtues, but for the government property that could
be got out or him. He came near detection some
months ago, when he was accused to his face by
negro laborer OF robbing the government but some-
how the charge was speedily hushed up. Now the
whole story OF his defalcation 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 or recipients OF the
stolen goods are to be treated with great severity
only few have been caught as yet. one or them
a storexeeper is said TO have received several hun.
dred dollars. Another, surgeon in the army at
present In California is charged with receiving
goods 10 the amount OF seventy-fve dollars, and
there are others implicated whose names nave noe
yet transpred.
1t seems that the principal in tins case has made
it 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 swinde and duplicating these men by name.
They were notified of the charge, which they imme-
diatcly denied and pre- ended to make great eXer-
tions TO obtain the name OF the writer OF the letter.
They accordingly addressed letter to him and
placed 1t in the Post once, but efecually prevented
Its taking by spreading abroad statement that IL
MAS mtended a catch to get the owner in troube.