New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-06-30
COURT RECORD.
THURSDAY. JUNE %, 1876.
United States Supreme Court.

TAOhsDAIs JUNE <Ss loSO.
United States Supreme Court.
The following decision was promulgated
No. 81. Thomas j.. Semmee, claimant of
six lots of ground, plaintiff in error, vs.. the
United States.-In error to the Circuit
Court for the district of Louisiana Pro
ceedings in rem. were instituted in the dis
trict court on the seventh of August, 1868,
under the c0nfiscation act of the seven
teenth of July in the same year. against
certain real property of the respondent,
which proceedings resulted on the fifth of
April, 1865, in the condemnation of the
property described in the libel. On the
eleventh of the same month q writ of vendi-
ti0ni exp0nas was issued commanding the
marshal to cell thu property on the
eighteenth of the same month, but the mar
shall did not sell the same on that day, for
the reason, as appears by his return, that
best price bid at the time and place of the
sale did not amount to two-thirds Of the. ap'
praised value of the property, and, for the
reason stated, the marshal withdrew the
property from sale, and again advertised
the same for sale, as directed BY the prior
order of the court. Two lots of land
were embraced in the libel and decree of
condemnation which. in fact, were not the
property of the respondent. Accordingly,
the true owner of the same, in the mean
time, to wit, on the second of May, 1865,
filed petition in the same court. setting
forth his right to the two lots in question
and stating that they were improperly ad.
vertised for sale by the m arshal, and prayed
the court to open the decree to allow him to
ASSERT his title. Consent in writing to that
effect having been given by the district at
tOrney, the court subsequently entered a
decree of condemnation for the rur-
pose of enabling the petitioner to
submit to the court his claim to
those lots, as evidenced by the proofs on
file. Pursuant thereto the court, on the
thirty -tirst of May, in the same year, rem.
dered judgment restoring those two lots to
the intervenOr, as claimed in his petition.
Such correction of the decree of condemna-
ton having been made, the return of the
marshal shows that he sold the residue of
the lots condemned, in pursuance of the
second advertisement, to E. w. Burbank,
for tho amount specified in the record, nd
that he paid the money over to the clerk of
the court. On March 4, 1868, the respondent
having first suggested that the decree of
condemnation had been opened. and that a
portion of the property liteled had never
bet n condemned by any subsequent decree,
moved the court to set aside the default
against him, and for leave to file his claim
and answer. Hearing was had on the mo-
ton, and the court ordered that the pur.
chaser of the property should be made q
party to the rule. Burbank. the purchaser,
accordingly appeared and filed an excep
ton to the rule, that his rights as purchaser
could not be questioned in such form of
proceeding, and offered in evidence the
deed of the marshal and the decree of con-
demnation. together with the writ of ven
ditionai exponas. Both parties were again
heard, and the court, on the fifteenth of
April, in the same year, Overruled the ex.
ceptions of the purchaser, and set aside the
default of the respondent. and granted him
leave to file his claim and answer. Leave
to that effect having been granted, the re-
epondent filed his answer, alleging his own
ership of the property, the insutficiency of
the allegations contained in the libel, and
denied that the President ever authorized
the seizure of his property, and averred that
be had beer psrdOned by the President and
that he was included in the general amnesty
proclamation. Proofs were introduced. and
the court, on the twenty-seventh Of June
following, entered a final decree dismissing
the libel and restoring the property to
the respondent upon the payment of all
costs. Proper steps were taken in behalf
of the United States to sue out writ of
error; and the cause wac, by the United
States, removed into ths circuit court,
where the decree OF the district court was
in all thipg s reversed, and decree entered
in favor of the United States, tina. the de-
cree of condemnation Originally pronounced
by the district court stand aud REMAIN in
full force and effect, and that the sale made
by virtue thereof do stand confirmed; where
upon respondent sued out a writ Of error
and removed 1.-The cause into this court.
1t is held that the defect as to the return of
the writ from the Circuit to the District
Court is one of form only, and that as it
was ameHdable, the decree will not be re.
versed because of it. On the merits the
decision is that the property in controversy
falls within the exception contained in the
amnesty proclamation, and that property
as forfeited to the Uoited
the property of the United States from
the date OF the decree. Such proceed |
ings under the confiscation act are justified
as an exercise of belligerent rights against
. public enemy, and are not in their nature |
3 punishment for treason. Consequently,
being a proceeding Distinct
from and independent of the reasonable
guilt of the owner of the property, pardon
for treason will not restore rights to prop
erty previously condemned and sold as
against purchaser in good faith for value.
Property which hal been thus sold was ex-
pressly excepted in the terms of the par
don, and competeptly so. Affirmed Mr..
Justice Clifford delivered the opinion.
Superior District Court.
State ex. rel. Henry c. Dibble We. George
Il. DISQUALIFICATION for Injunction to
restrain defendant from assuming the Office
IF Assistant Attorney General.
State ex. rel. George H. Braughn vs..
Henry C. Dibble.-Petition for Injunction
the defendant from performing
the duties Of Assistant Attorney General or
with relator, who has been ap-
pointed to that Office.
Both the above petitions were taken under
sdvisement b. Judge Lynch and no order
ssued by the court.
First District Court.
INFoRMAT1oNs.
Petty larceDy-A. C.. Christopher.
Shooting, etc.-James Powell.
Assault and battery-Michael Aldwell,
Nicholas Blanchard.
CONVICTED.
Ernest Prats and James johnson, enter
ng, etc.
SENTENCED.
Louis Evane, for petty larceny, ten days.
rhe President Preparing for a Fair EIec. |
tion.
A Washington dispatch of June 26 to
he New York Herald, sage:
The recent order OF the War Department |
the military division of the |
south and forming the Atlantic Southern
States into department to be commanded
BY General Ruger, lately commandant |
At West Point, puzzles the politicians |
here. There are people who see in it |
the beginning of scheme to affect |
the Southern elections, and reports are cur
rent Of changes in the federal offices in
some of the S0uthern States intended tn