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


resources Of mar, Of The Tinted ps
was therefore entitled to il to be- used for tho
come or assets accrue 10 the government ,rn, mar,
| OF Tho people must DO used Tor tho whole neonie
Therstor. me Iin,,"d sta,ss ,oor nv pvvp,o
property Of the States n reassnmcs the
functions OF government over the Confederats ssrr
tory and was entitled to take aud use means
Tor purposcs OF government in admn,s,arns ,,s -.
stored authority ~
Public funds are trust funds The Confederate rusteo
| duty aud fund But tho gold IN oucs,,on has
had no connection with the Confederate States
| on the credit OF Virginia. ior virginia nnr
| poses. In honor Virginia was bound 10 refund
or pay Il had she succeeded But the government Of
not changed The personality of poyernmcnt IA moi
the nation One changes often the other never fThe
Sapphne II Wall 1851 This gold was raised from Vir-
GINA people, Virginia credit tor Virginia purposes
II went into the hands Of Governor smith's govern
| ment trust fund II descended TO t;overnor
| Pierpo!nt Impressed with the same ousiit,es rha
examination or abuse OF the trust must be examined
into by Virginia alone The trustees arc
10 her and her people The gold came from hem 10
be used for their benefit and protection md the obli
CATION rested Just as strongly on tho new
| government as on the old.
In confirmation OF this Wow, that tho new govern
ments up the States by the United States utter
the took all the rights OF the eovernments thev
succeeded remark that NO record Of any such sur as
to BE- found in any United states Court District
| Circuit or Supreme.
Tho United States may have had the power TO CLAIM
| the assets OF the overthrow governments They
lever did. No act Of Congress nor Executive order
| ever asserted the power
They the right connscate property OF IN.
dyiduals facts OF August T. 1861 July L. 1852; and
also 70 take captured and abapd oned pronerv iarch
g. 1861 aud the right OF prize lure beili bu those
rights all ceased with the war ana could not now be
| enforced. Nowhere is uny proceeding provided nor
any intima,ed TO cain property Of the states
ARGuMENT FOR THE PLAINTIFF
Mr. Lewis rephed IA lollows.-It ia commanded nv
ns that this Court has no iur,sdieon
of this case because cause OF action does not arise
out Of the common law or in words that this
lam
bclL II forgotten the case now comes
up demurrer to the declaration, and that the
| the declaration. The details OF tho case are
therefore, not before tho Court and the Court
serial therefore how Tho defendant became Indebted
to dc iacto government II Is sufficient 10 say that
the declaration charges and the demurrer admits
plain law liability the part OF the defend
ant to government the I'd day OF April, 1865;
which liability discharged before the
throw Of that government and tho only question be-
lore The Court wnother the United States, sue
cesors OF tnat government, may enforce that liza
biiity.
SO tar as the right Of the United States is concerned
there difference between properly which
onred to any ono Of the latoy states
and property which belonged to the Confederate
States The truth Is, there IL no aliuson any
statute proclamation to the "Concdcrate States
but frequent mention Is made In the statutes passed
and proclaim atoms issued during the the insur-
gents the States OF Virginia. North Carolina South
Carolina. &C. Moreover, tho Supreme Court has de-
cided that the United States are entitled 10 all tho
property OF the hostile organizations IN tho South
States. AS TO the right Of the United States by
succession 10 all tho property and rights OF
property, ''includng debts duo tor hostile
organizations, it IS not deemed necessary to do III ore
than refer TO the authorities heretofore cited. The
43L-5: Same VS.. McRae, Luw Reports fEo l.
Is, settle the question beyond controversy. but
II the whole now before the Court, as from
deiendants counsels brief it would seem be supposcs
II 10 be, it is difficult to see how the authorizes to
which ne refers arc applicable to this case. II Is
nd IN N al n thnPnt
liable clviy Tor their respasscs committed IN the
upon tho property Of private individuals. Thus
lin LIST or "a QUO the supreme Court
Of the United States not liable in an action
Of trover TO the owner o. cotton sczed oy such officer
before the actual close OF tho war under orders from
,he government But IL dur.ne bello, an officer OF
government OF the United Statos had become liable
70 the government for money had and received to tho
use OF tho government u would hardly be seriously
conenaed that he was not liable in an action OF
sumpsit because he had roceivcd The money durante
bco. Such suits against paymaster and Others have
been brought since the war almost by the thousand
and no such defence has ever ye been nterposed and
Is No reason why on the came ground pay master
might not successfully defend suit against him Tor
money had aud received. IL would be extending
the lave Vi war 70 nhnile leag'h 10 hoid That an
officer especially cvli oitcer VINO receives or appro,
PIRATES pubic moneys during tue existence OF war
not liable therefor TO the government would be
premium on emoexzcment, anu would JUSTIFY mo APP
20 ors own o. M nv s0ney IN
as u u were sut ny tno ae iac.o goveInnehs, u
nad not been suppressed Dy the aeienaan' 70 Law
keporis (Eqh 10
inc present !awiui ota'e government OF virginia.
poth Dy us executive ana Les'sature nus olsciamed
all title to the gold In question: WHICH, perhaps Is as
strong 1h argument US can DC auouceo Against tue
soundnsss OF deendants counses proposition that II
belongs 70 The government
DECISION W rak oouhI. 49,. 49, .
Judge hughcs-w neither lnc suits OF wnlcn this Is
one ought or ought NOT 70 nave oeen brought was ex
eusvey os '1s goVelnnena ana .s Jaw oncers 70 ae
terminc me Court uhos .ne mere anu mas 10 option
70 Gons,a s 'ne n hh W. wa n 70 'no
principles OF INV upon ~n.I ~. 'ney acpena.
ms case Is ueiore ihs not upou issues OF iac' out
upon iscts ADMITTED oy oemurIer ana upon the law as
arising upon the iac.s SO aumted Inc allegations Of
Inc ueciaru'lon arc sncse.-
FWst-lhat TUG ue,enuhut "ss nueoteo 10 INC lnsur-
gent goveIhment VI W gna !" INC sum Oh ,ooo on
the III uay OF APRIL 1000.
oecond-Ihat ne PROMISED tue sad government 10
pay inc saia inueo'eaness.
1hru-ihat tne sinu insuIeeht government was on
the YIN OF April looo oVerhrowh ~ tho United States
ny force arms una the lawful authority OF the United
states re-cstaolishea ~ inc state, and
Foura- Nat tno uelenuan~ a!ter the SAID 9th day oil
april 1900 10 cons'ueraioh OF .ne premises, under