Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-05-30
NEW YORK
fire An the Faber RECTOR.

Fire I'm the FabeR Factor.
NEW YORK, May 29.-The large bricl
building occupied By Faber & Co. as a pen
ell mandatory, took fire early this morn
ing, and together with several squatters
shanties, the occupants of which had to fee
for their lives, was totally consumed. Los
over 100000; insured.
Indian Supplies.
A large number Of bidders from all part
OF the country were present yesterday at the
meeting of the Indian Commission. Eighty.
i've bids we're received. The bids for 81
100000 pounds beef on the hoof ranged
from 81. "a to 81 per 100lbs. Theawa viii
be made at from ST.S4 to $3.50. The bids
for 100000 pounds -four ranged from S2.85
TO 81 per l0OpOunds.
sehuetzenfestIve.
The Brooklyn Schuetzen corps win start
on June 20 for Hanover, to take part In the
German national sehuetzenfest in father
land.
Suit against Ben Butter.
The case of Henry A. Tilden for claims
and damages from Gen. Butler for seizure
Of the steamship Nassau, owned by him,
for the use of the Government during the
war was to-day set for trial on the 10th Of
June.
John HEItchsI VS.. Gen. John A. Dix.
Special to the Cincinnati Enquirer.
NEW YORK, May 27.-Gen. Roger A.
Pryor and Mr.. Patterson, for John Mitchell,
the Irish patriot, and Gen. Foster and Mr..
Classy, for John A. Dix, shivered lances
to-day before Judge Curtis Of the Supreme
Court. It is an old case, but has new and
interesting features, and when decided Is
certain to become a leading case. On
authority, June 6, 1865, the following gov
eminent telegram was seut in cipher to
New York city:
'WAsHINGToN, June 6, 1s65.-To Mai.
Gen. John A. Dix, New York: Have
John Mitchell, formerly editor of the Rich
mond Examiner, arrested and sent to Fort
ress Monroe, Va, for confinement and
trial. Make the arrangements for his i'm
mediate shipment before arrested, and give
the matter in charge Of discreet officer,
who viii not let it get out that the arrest is
20 be made until be has his man.
go. S. GRANT"
The telegram was not attested, bore no
marks to show it was authentic, was signed
simply SU. s. Grant," without prefix or
afix, making it purely personal, not an
official order. Mr.. Mitchell was arrested
JuRe Ii. No authority was shown for his
arrest, except the unauthenticated personal
order; no cause was assigned for it; no pro-
test was needed; no time was given him for
preparation. He was hurried to q steamer
which bore him to Fortress Monroe. Hav-
ing been shipped according to orders, be
was receipted for like a bale of hay:
HHEADQUARTERs MILITARY DISTRICT
FORTRESS MONROE, VA, June II, 1865:
Received from Major General John A. Dix,
Der Second Lieutenant William Fl. Morris,
Twentieth New York Independent Battery,
one prisoner, named John Mitchell, late edi-
tor Richmond ErGntRer.
"JOHN S. MCEWAE,
"Captain and A. A. G."
Mr.. Mitchell was kept imprisoned four
months in a easement; half the time in sol
itary confinement His health was there
irreparably injured. He was finally releas-
ed. No trial was given him. He asked in
vain for the cause of his treatment; he is
not aware of it to-day. In July, 1869, be
sued Gen. Dix for trespass and false i'm
prisOnment, damages laid at S25, 900. Gen.
Dix was arrested and held to bail. Since then
the action has been pending. The defense
rests on Congressional act passed in 1858,
amended in 1865. That enactment justifes
every act or omission committed or omitted
by United States officer, pursuant to an
order promulgated during the rebellion by
the President of the United States or q
Major General commanding adepartment.
In addition, they have employed every
species of strategy known to lawyers to get |
the case into the United States Circuit |
Court, for there the complaint would fall to
the ground instanter. The act of 1853 con-
fines the commencing Of suits of this char |
aeter to period of two years after the oc-
currence of the cause of action.
When Mr. Mitchell found himself at lib |
erty again, Gen. Dix was in France as |
United States Minister. He remained there |
two years. The law of New York would |
not count this period, the United States |
laws do. In a New York State Court the |
complaint is therefore good. After various |
defeats the defense despaired of removing |
the case. Since then the Court Of Appeals |
has made decision which raises new hope |
ia their breasts, and they are making an
other attempt.
In securing the transfer before Judge Cur |
tis, yesterday, they insisted that the case |
was already out of the jurisdiction of the |
Superior Court; that it is in the United |
States Court, Rnd If improperly there will |
be sent back; that no Judge Of the Superior |
Court has a right to consider the question |
at all. Gen. Pryor argued that the case is
not within the terms or the spirit Of the act;
that this arrest was made after the close of |
the rebellion, and the act relates only to
such grievances as arose during the war;
that even If this were not so, the act is no
act, since it is unconstitutional; that the |
Superior Court cannot be parslyzed. The |
counsel for the defense replied that these
are to be considered in the United |
81 sses Court. Judge Curtis reserved his |
decision.