Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-03-05

evnressly laid doWa the remedy fo: .u.j right.
The sneaker should b, solry T. ail-;; th..s CUT
law does not protect the cliz - a; well IS TIE
Enolish law, There is 10 Eag-ni remedy
for eyery Hroug, but here We arc told that up'
m mere color of title the plaintiff must lie
thrown cut of Court. This ogo72d " oesp0i
ism that existed Ia 10 other c!:a'iT 10 the
world TIE law prcsumes tha! nc Meg CSC
do M wrong: yet, if be command another 10 DO
an unlawful act, that other will be !lao'c TO 50
action for that unlawful aci, because II would
he M command il il We're IL Do al uaiaStd
oot and though the King clnuot bt ouet. The
agent can and be must show that The coInuia:1d
il lawful, So here the plaintiff sizes the occu'
nants Of Arlington, and those occupants uust
show that the Government has lawful lille be-
fore the suit can be dismissed. But me Court
ia told that this is an action 10 rem 10 ACTON
in rem the proceedings are directly aealos: the
nronerty, and all parties are bound to be lntrr
ested directly or collaterally, but IN cJ@ctment
the action is against the parties, aua 10 person
is bound except parties to the record 10 Lng
land no writ Issues against the Nlog, because
he sbides the decision OF bis GWo courts,
and we are told that the reason thls SUIT ought
TO be dismissed is because 1t might involve 2
conflict between the court and the otneers OF
the Government, bat Is this reason "h7 inc
court should not proceed to Judgment In the
language of the court 10 another case the couft
should nroceed as far as it Gao uOder the CIR
cnmstances, and indeed. Mr.. Lewis had frankly
admitted ia bis argument that he would not re.
" upon the inability OF the court to execute lis
Indictment as reason for disnlsslug the suit
Rut 10 any event it was DO argument that the
court should refuse to do justice to the plaintiff.
The areument had been based upon the broad
| nrinciples Of the case, but the view was sus'
tanned by ample authority that the officer Of the
| Government IN possession might be dlsp0sSessed
no q sujt. The decision in the New ork CASE
was the only one that had ever been found 10
| intimate that the officers OF the government
could be sued when 10 possession under color CT
| title. and this was decision OF mere referee,
| which 50 far az could be ascertaned had never
cone to the Court of Appeals of New York.
| 10 9 Cranch, Meigs vs.. McCIung, Chief Justice
| Marshall decided that action OF elecmcnt could
| bc brouebt against the officers OF the unltcd
| States, although the Government had erected
fort upon the property and had garrison IL
the works. This decision was the key TO the
subsequent cases that went to tho Supreme
| Court.
nv Brown for the recovery Of llarpcrs Ferry
the question was never raised aud the case ven
through the Supreme Court.
The case of Cooleyvs O'Connor. l. " alacr
was suit precisely similar in all material re
spects, and was 40 action of ejectmcntto recover
possession Of land purchased by the Govern
mept at tax sale. The plaintiff recovered
| but the JUDGMENT was reversed in the Supremt
| Court, and The case sent back for further pro
cecdines, but it was never coutcndcd ID tina
case that the agents or licensees OF the Govern
ment could not be sued for the case was sen
back for further proceedings showing that the
suit might be maintained.
judge Robertson reviewed a number OF &c
cisions in support of his view that the action Q
eieetment might be brought against the agen
or officer of the Government and said that rarely
had the pretenslon been set up that Its oIncet:
or agents could not be sued and when set W
had been Ignored, and this was the first ease II
which the Attorney General OF the Unl!et
States bad ever interposed 10 his official capacl
ty to stiae the rights OF a citizen IN court Q
justice.
In Osborn vs. The Bank Ct the United State
the question arose whether the government
State could be sued When 10 possession OF thu
property and in spite OF the ! In amendment Il
the constitution the court held that the trea-u
rer of the State of Ohio could be ebjolncd al
though he claimed to hold the money AS TIT
agent of the State. In such cases 80 the on
at the bar the courts act through the lnstrumcn
tally of The property or the agent. ne case ha'
bcea examined 10 the light Of principle anC
authority and the plaintiff right to sue Is can
plcte. The question Ct the right Of the STATE
TO tax Arlington had nothing to do with :ht
question although it was doubtful question
the right TO Tax but even if the State had ccdcl
sovereignty to the Government, set 1t did no'
affect the rights Of the panltt or alter the rule
If law a. reported 10 the Judicial decisions 0
the courts No person shall be deprived OF hts
property without due process OF Law Is pro
vision Of the constitution; yet the Government
came here 10 close investigation, aud TO sutlec
the plaintiff to petition to Congress, to Whlcf
Congress might close its eyes and refuse 10 read
Judge Robertson spoke rapidly three hour
aud made we'll considered argument and aua
lived aIlthc cases that had been cited On eth
or side dscardiog what was not applicable All
applying the principles OF the decisions v9h!c(
bore upon the case. at the conclusion OF Judgi
Robcrtson's argument Judge Hughes al
uoupced that be would render his decision OF
the demurrer to the suggeslian on next Satur
day, either here or in Richmond, aud be W1ult
give counsel notice of the time and paca.
Judge Hughes has eVlnced Throughout th'
case 40 understanding of the various auhorltlc
and mastery of the questions 10 adVaaco @
the argument, and his decision may be exp ect
ed as valuable addition to the literature 0
jurisprudence, as the decision OF the case re
uuires much research into the principles upo!
which the prorocatives Of the crown aud tht
rights of the subject depend 10 England as vel
as the structure and model of our own Govern
ment under its constitutional inhlbtlons Gnt
powers.
Miscellaneous Foreign News.
A proclamation issued by Captain Genera
JovelIar and General Martinez Campos, o
Cuba, provides for the freedom OF the slave
acting with the Insurgents and Indemnity t
the owners if they we're loyal during the insur
Eraolinn Rafarms are 10 be madn 10 the organl