Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-08-03
The Gold Cases.


In the United States Circuit to-day, Judge
Hughes delivered az opinion in the case Of the
United States VS.. VIM. Smith, overruIiog tho
demurrer. The Judge, il rendering his opin-
ion, said
Whether the suits of which this is cue oush.
or ought not to have been brought vas eXclu
sively for the Government and its law officers
to determine. The Court finds them here and
has GO option but to consider them strictly with
relercoce 10 the principles of lay on which they
depend
This case ls before ne not upon issues Of fact,
but upon facts admitted Ey demurrer, and upon
;he law SO arising upon facts SO admitted. The
allegations OF the declaration are these lst.
That the defendant was Indebted to the insur
gcnt government Of Virginia in the sum Of
IS, GOO o. the ID CT April, 1865. -. That he
proms.d 10 pay the said Indebtedness. 81.
That the said losuCgcnt government was on the
OH of April, 1868, ovcrthroTn by the Uoited
States by force Of arms, ADD the lawful authori-
~ Of the Uaiscd States re established in the
State; aud 4,h. that the defendant after the
said oh OF April, 1865, 10 consideration Of the
promises, undertook and promised to pay to
the Uoitcd States thc said SUN of $4,000.
The demurrer admits the allegations to be
true, yet denies that they constitute case Of
Indebtedness by the defendant TO the United
States aud prays judgment, &c.
La technical structures, by admitting The truth
Of these several allegations the demurrer admits
The case of the plaintiff to be sufficient to var
rant judgment for hin. 4 <
The question foc decision is whether the
U1ited States succeeded, by conquest and sue
cessioD, to the rights OF action as we'll as the
properly Of the lnsurgeut State Government,
which vas ovcrthr0wn on the Oh Of April,
1863. II SC, the law will imply that the de-
feDdant promised to pay the United States the
lnoocy which he thus owed to the State, and
the court '3iI render judgment against him ac'
cordogy.
The citizen owes the debt to some one. The
money he owes does not belong to himself lie
is bcund in conscience to pay it to the rightlul
owner, who is entitled * equo ct bono to re-
cclyc it. aud the law Of nature, as we'll as tho
law OF Ecg!and and America, declares that the
coEqucring power is that rightful owner. There
is no violence between the debtor as such and
the conqueriug power, the violence was between
the two governments. The debt as debt be-
comes due to the conquerlog power, lrrespec.
tive Of the consideration, whether the debtor
was combatant or non combatant IN his char
accr 81 debtor
Judge Hughes cited 10 support Of this M.
merous authorities. The demurrer was over.
ruled.
SOUTHERN POLITICAL INKLLNGs.-The
Washington correspondent Of the Baltimore
Sun says.
General Forney, member Of Congress, of
Alabama. is here 10 the interest of his constit-
uents who arc tired of raids on illicit dsti!!ers,
and want relief from SO much pressure Of Fede.
raj authority Mr.. ForDey says it has not &C.
Cured to the Southern members seriously to
thiok Of ruoniog candidate for Speaker from
among their number. The fact that Randall,
Saylcr. Cox ADD Morrison have been at work
for mouths securing pledges from members oect
to support their candidacy makes it impossible
fer the Southern members to unite On any
body. Were this not so there is no doubt iu
bis mind but what John Goode, of Virginia,
would be the favorite. In fact he was urged to
become candidate at the organization Of the
Forty fourth Congress, but having had some
difficulty with his opponent, j. Il. Plat, be did
not care 70 lake prominent part in this House
ed on the right 10 mis- sest. It s also q serious
it would be good policy to attempt to organize |
extra session convenes in October before the |
msjorty Of tie fall elections. Tho Alabama
delegation are now unit in favor of tho election |
Of ex- member Caldwell, of that State to the |
Office Of clerk.