Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-12-30
'Tsso Case Of the Bank of tho Old
s.e,nIaom We. J. H. and WAN. r.
SkcEe,ghe


10 your is,ue of The 25,h instant, in giving
your Washington telegram to the effect that in
the case Of the Bank Of the Old Dominion vs.
j. II. McVeigh and William N. MsVeigb, the
Supreme Court CT tic Uoitcd States, by Mr..
Chief Justice Waite, had decided that the re-
coTd Old lot show that the bank had asserted
lazy light, tide, CT immunity arising under
The Constitution or laws of the United States"
and therefore dismissed the appeal, You ask
the question, Who made up tho record -
As one Of tho COUNSEL for the Nov eighs, who
had 1Iizciyal hand in that matter, it has
been suggested that / should answer the qucs-
,op, ADD IS the case is olc @! uou!u:l Interest,
| novelty. and importance, perhaps tho exp!ao&-
too necessary nay be paldonec.
The Tut Gas upon Duaerous notes made III
Alexandria BY j. II. McVeigh t. Son, in April
and May, 1851, n loraed flor accomnoda;lao)
| by VIM. n. McVeigli ard Gisocu9ted by the
bank, which fell due 10 July, August and Sep.
tembe,, following, while both The makers and
| endorses. who had fed from AleZandria on tho
SCH CT May. 90 the Occupation Of the city by
he Federal troops, were in Cupeper county,
Va, within The Uonfedcrates Inea The notes
we're geguiall; protested FIR noa payment. and
l
irg house Of the cndorser, ia Alexandria.
| Among other defepocs made By The enGor5er
was he one upon which the result finally turn
| ed-rat1elg, that The s.il uoiic, to him was a
nniiiiy. iugs.auch as public hostilities existed
tet7cca the citZ:Es Ct Alexandria and this
e,iz4as e tho Confederate States at the zine.
Upou ::.ii qaea'icn, uc1ar las;rucilots g!vcu
by tho AlcxaGGria (Statci court, the jury found
verdict for tbs p!4iGtitf. which The court re-.
fused to SGT aside, aud entered judgment there
CO. WIN. Il. MeFcigh appealed 10 the Su
rremo Ccur5 cf Appca!s ct Virginia, aud ID
that couig i,er; vas 4 vide rl5Ge CT argument,
involviog 1ues:ijos CT commercial law, and
whether a0I bow that lG9 was modified or al
!:e.,G 10 lis application 10 the peculiar aud
abGormcl circumstances ot the ease, 10 Which
the history OF juIIsprudeic, furnished no paral
iIll. /: WAS contcuGcd for MoVcigh that
whe!hc. because Of the scces:ioa Of the State
or by ri hG oi rcVou ID &c was at liberty to
to leave Aleyaadlia, aod Incurred 40 rcs0o1si
billy 70 tie back By 50 Coi14 Of which Ii could
take ed7autagc 10 that suiG, and that being
lawfully or this ;iie 81 the beliigereot nes,
tie uc:ioaB Of protest were simply void
ae,s IS 10 hin since il was By the
Laws Ct war alike Illegal for the bank 10
give or f2r hin 10 receive uolcs ACROSS the
tive Botiec VIXEN it could not give actual Do'ice.
The Court declined TO pass Oh the validity OF
the ordioa3ce OF secession, bGt did hold that,
uudsr the circumstances. the departure ct bic.
Welsh did not subj cot him to any liability &c
the bank, or release it from tie obligation OF
giving legal notice IT protest, Wbloa it held
could cot DC done during the war, bat might
and should hava been doce Wthlu q reasonable
.!mo after i;s tcrDiustioo. 1t therefore rever-
sec The decision CT tie lever court, and sent
the oase back loE new trial upon he principles
it had declared. This is The great case Of Ne
Weigh Vs. Bank Of the Old Dominica, reported
10 % G:st., PIP. IS5 S53, Inclusive.
| When tho case came Oh fJr O rev trial The
abe aud astute counsel for the baLk sought to
Introduce into it "a element which would give
the SGpraule Court Of The Uoi;eG States ju.is
dictioa to review tho final decision OF the Su-
promo Court oi ViTsi6ia By raisiog "hat is
Familiarity Known as Federal question" acd
10 tie various FIRMS Of fourtsen separate 10
s.ruci0us asked the Court, directly or Indirectly,
10 pass upon tho validity Ct tie ordnance Of
secession aad tbs alleged CONSTITUTIONS! aDd
Iagal rights cf the bank as 4 citizen OF the
United States te give the notices as they we're
given. Tho great effort ca cur side was TO
exclude ali such questions from the oase and
bath SIDES Clearly tore5aW that the ultimate !Gto
CT TIC case would probably depend apcn
tha5 atIuegit; fJr il the Supreme Court Of
the Un!;id Sta!ls cEco assumed Jurisdiction
to decide the caso upoa its merits, the cur
rent e lis decisions Of quaslols growing out
Of tie lake war had been such as almost to fore.
shadow what would &c It's decision 10 this case.
Therefore u was that We Insisted that all the
court below ha3i to do was to try the case as
Girec:&a hy the judgment Of the Court # Ap-
peaij, 80 reported ID IS Graltau. end that it
bad nothirs to do with tho alleged Federal
0uea!;en3 attempted 10 be Introduced. This
Contention succeeded, and the case being tried
upoa TIC staple question whether tho bank
had giTcp iu3 notice OF protest to The e2dorseT
after :ho va, It Ea5 decided by the ury, un-
| der Instructions tfcn tbs court, that such no
tee bad cot baeu given, aDa verde: vas
! therefore rendered Ter tho defendant, upon
bank theD appealed 10 the Supreme Court Of
Appeals oF Vi:s!ris. When the case oaroe on
oae Of the judges (50uidiu,) who had decided
the case Originally 10 McVejgh's favor. had
died, AID IS the coU.t had been drilled (lhrce
to tEo,) there were tEc. tTo Judges living who
hai co2currcd in the 0pioion aud Judgment CT
the court (Aadelsoa cad S.aples) aad tEo
! (hiorcu-a and Chrst;ao) Hho hsd dissented
AID 81 Judge Burke, The sEcc 2ssoT Ct Judge
DoIitiio. was lew 20 Tie case. great fort vas
raade b? tie interchangeable ccuoscl for the
back 70 creu ua the whole case fer dis
eussijn apd decision, ia be hopo OF got.
ting tie court to review and reverse its
former decision. Here, agaia, CT course, We
Insisted upon holdiog the grouaa already
gsined, ard, decliairs &c discuss the original
! merits Of the case, stood s!cutIy upon tbs form
er decision Of the Court, which, having been
| rendered ~ 2 constitutions! maj9lty CT q full
! court, VIC contcndcd, had settled tho law Of the
case. This c2uten!loo fGaIIy prevailed, but
onIy By The predeninaling voice ct tho eSoe!eut
| Dew Judge. 10 a. eblo opinion, his Honor
Judge Anderson eypIaioed aud fortified his
former opin!oo. il which judge Staples bad
corcStred, m5iie the venerable president (MoE.
curc.) who had delivered az elaborate
aGd exhaustive contrary cpiuion (ia which
Judge Christian had corcurred,) adhered, 9ith
Judge Christian. to that opiaor; and it was by
the concurrence CT Judge Burks with Anderson