The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-03

gives expression the settled principle OF the law
nations. In thecase oil Eiphinstone Vs. Bcdreechum,
Knapp's y. q cases, go. 10 WAS held that money
IN bank belonging 10 conquered prince may be
recovered In suit against the banker by the
conquerlpg nation In tho of the United States
vs. McRae English Law Reports, Equity Gases, p.
~ y xss said BY the vicc Chancelor:-l apprehend
ment which de iscto succeeds 10 any other govern.
men whether BY revolution or restoration conquest
or rcconquest succeeds to ali the public property TO
everything IN the nature OF public property and TO all
rights In respect OF the public property OF the dis.
the title Of such displaced power Any such pubo
money IN any treasury, any such public properly
the success Of hs nsw or rsstorsd sa
fscto In such power, and II would have the
right 10 call to account any fiscal or other
agent or any debtor or accountant to or OF the
persons who had exercised and bad ceased 70
exercise the authority Of a government, the agent
debtor Or accountant having been the agent debtor
accountant OF such persons iu their character pre-
tended character OF government But this right 10
the right OF SUCCESSION, Is tho right OF
is right not paramount but derived, will not say
under but through the suppressed and displaced au
thority only ENFORCED in the same way and
10 the same extent aud subject To the correaive
obligations and rights n that authority had oeen
suppressed aud displaced and itself seeking 10 en-
force t. All the authorities have held tho doo
Ilne, and, indeed, II has mover been disputed.
These authorities close the question in favor OF tho
overthrown government of Virginia as The In.
surgent goverDi nent and to the debts due, whether
from citizens or Foreigners 70 that government ut the
time of IT'S overthrow. !.
The objection oil defendants counsel that assumpsit
VIII not lie for an obligation arising by implication
from debtor Of conquered State TO the conquering
government after conquest, because promises DO NOT
arise from acts of violence. IS not tenabie. II
denied, II Is admitted by demurrer, shat the defend
ant by receiving from the State government before its
overthrow go 900 not duo to him, became indebted to
that government IL Is settled law, as already shown
that a conquerlng Power after tho conquest sue
cceds 10 tho debts which due the
conquered Power IT, therefore, by the law OF nations
which IS part OF the law OF England and America,
such debt becomes due from u cixon 10 the con.
quorins Power, then the law Of England and America,
assumpsit PROMISE on the part OF that czcnlto pay
The debt The ctlzen owes the debt 10 some one.
The money he owes does belong himself. He Is
bound IN conscience 10 pay II 10 the rightful owner
who Is entitled ex eqno OF bono receive It, And the
law OF nations, as well as OF England and America de-
clares that the conqucring Power is that rghtful
owner There Is no welcomes between the debtor as
SUCH aud the conquering Power The violence was
between the two governments The debt, as debt
becomes due 10 the conquarng Power, irrespective or
the consideration whether the debtor was a combat
ant or a -combatant In his charact, OF debtor
not Ia that of man or woman comb blatant or non com
blatant, native or foreigner, he becomes qua eDtor to
the conquered Power, the debtor OF the conquering
Power
This is not question between soldier and cltiz en-.
growing out OF acts committed while naxrant
Lilsey 70 Am. L., Reg 1857 Nor Is 1t u question OF
prize or capture durane bello CONCERNING property
taken or right acquired during the progress of
We. Bedreechum 4 Knapp r. c. e., 3Oo), whore
the Court expressly says that the capture made
nordutn cessane bclo. The Indebtedness OF the do
fendant 10 the nsurgent government Que aris
ing jure belii, between begcrents but by contract
between friends IL is true that tic SUCCESSION of the
United States to the ipsurgent government was an
event durante bcllo but that event having been
p;etcd the Indebtedness the defendant 10 tho sue
cecding government arising alter the close OF the war
was not an Indebtedness Jurc bell but by contract
Being indebted, the implied assumpst of the dciond
ant 10 pay ms promise 10 pay Is common Law oblt
CATION debtor may DO liable In assumpsit to crcd
tor, but II by violence the creditor killed debtor
then becomes liable IN assumpst to the administrator
do not think, therefore, with defendants counsel that
this Is case OF first impression. IL Is action Ut
common law. founded upon contract arising OF COM
mon law lmpicaton and as such Is not UMPIRE
cedented.
AS to the principle of such suits cases of United
States Vs. Lyon ct al, and Of Quilted States Mckae
already cited are precedcnts The latter precisely
such suit as this one, except that account being
necessary bill Ia equity brought Instead OF an
action Of assumpst Nor is it true as dcfcn dau, 3
counsel assert that "no court In England" hud jurs
dicton OF prxe or booty before the and VIC, 80
As inc present is not OF capture, prize booty
would be imateria 10 US whether The broad assc
ton were true or noG Butt think will DO found that
the assertion is true only OF the English Admiral, y
Court and true Of that Court only 'Droporty cap
tured on land by land forces exclusively the CIV
Ing Jurisdiction TO the Admiralty whero maritime
0rcc acts under the same command with laud force.
Nor IS the objection OF defendants counsel tcnabe
which he takes on the score OF the jurisdiction OF the
Court The Circuit Courts Of the United States have
original cogn zanco 'of all suits at common law,
&C., where the United States is plaintiff lsee clause
third OF section 500, u S. H. s.. -or IN other words
''ot all suits OF civil nature at common law or in
equity, &C., In which the Upited states Is plain
tn" &c. (Sccton !. Jurisdiction act Of March 3,
These definitions OF jurisdiction do not refer to the
claim sued upon, It's character or its orgn but only
the nature and form oil Tho action which may be mado
tho instrument Tor establishing tho demand citizen
OF tho United States indebted to citizen OF Franco
by contract made IN Paris may be sued In tho Cir.
cut Court OF the United States for tho DISTRICT
which he resides IN this country. His demand
s.,, not lot eomm ao;,, law demand sn but II
and character suit VI common luw. He may DO sued
In assumpslt If the demand be such as to make that
form Of action proper So demand arising durante
belle, and not arising ut common law, may be sued
upon In IN action ~ common law ia this country,
either IN State or federal Court Under whatever
law, whether oil peace or war, OF the domice or OF
foreign Jurisdiction, the obligation Of tho defendant
a.ses the suit proper to enforce It according to he
forms OF action employed in England or this country,
whether II be at common law or IN equity, may DO
brought IN the federal courts II those courts have
jurisdiction OF the parties 10 tho suit
AS TO the proposition Of defendants COUNSEL that this
money vs. trust fund aud the execution or abuse OF
the trust must be examined into by Virginia alone,
Is question not yet arising IN the cause aud u does
not appear how 1t Will arise Tho State has, by adopt
ing the report OF the committee OF 1885 and by long
action declined ~ look into after the trust II
1t be- The defendant has put In plea in tho cause,
claiming that he has discharged his nduciary obIiga
tons IN respect to the debt as trust fund. And II Is
until all action the has seemed 10 have be.
come wholly impossible that tho United States have
now moved IN the matter.
AS prelimn nary step TO devoting the fund 10 its
trust purposes. II would seem incumbent that tho
person charged with the legal tlo in should
law OF nations and OF the aud Is IN the United States
We have right TO presume that, II the fund tho
character oil trust the United col
ecng IT, give 10 II the direction required by the
As to the proposition OF defendants counsel that the
war oil the United states was not against the nsurgent
,rnment OF virginia. aud that tho overthrow oil that
government WAS not conquest, but only the sctin2
aside oil one government and the assumption oil
It's functions ny another, can hardly lind
acceptance In view oil the facts oil history.
The event happened at the close OF irightiuI war,
aud was directly produced by arms aad armies IN The
1eld. Tho power Ut tho United States wns directed
against tho insurgent State governments even more
than against thor confcderaled authorities The war
was conducted tor the overthrow OF those govern
ments When they were crushed the war ceased, and
the historical fact OF conquest cannot DC chang
obllerated BY employ ment OF .heoretc
IN speaking Of H. AS TO the nsurecut state govern.
meni, was conquest, and was followed by the legal
results conquest. This debt Is due. IL Is due 10
some rghtiui claimant, and think the law makes II
sufficiently apparent who that claimant Is. The de-
murrcr must he overruled.