The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-17
GEN. SHERIDAN CENSURED.
ONLY ONE EXCUSE POSSIBLE FOR HIS
SEIZURE or KILLON1.


SEIZURE or KILLON4.
Gen. better on the Majesty OF the CIVn Law
DID Gen. sheridan net an divIduaI or
Ne an omcer OF the General Governmentt
Gen. Butler, in his opening OF the case for
James A. Whalon, who Is prosecuting a suit in
the United Statee Circuit Court against Gen. 2.
II. Sheridan for SAG 81 on account OF the
seizure Of Killona plantation. in Louisiana. in
1867, told the jury that II verdict was rendered
against Gen. Sheridan tho Government would
probably pay it, so that Con. Sheridan would
not be personally loser II the verdict should
be rendered against him.
District Attorney Woodford in nrguing a law
point Yesterday, said that the case was not
against Gen. Sheridan as an officer, but M an
individual. and that. II tho verdict should DO
against him. q levy could be made on his per-
sonal property to collect the judgment. He con-
tinucd. turning to Gen. Butler that IL the caso
was case against tho Government. Gen. But
Ter would have no right to appear In t. because
he WINS expressly prohibited by act Of Congress
from appearing against tho Government. d.
rectly or indirectly.
You were never moro mistaken In your
life" Cen Butler retortcd.
You need not differ about that matter"
Judge Wallace said There is no question
that Gen. Sheridan is sued as an individual"
Gen Butler continued; If the Court is sat
isned every one ought to DO satisfied; but
would add that / should like to satisfy the Court
and jury that am not doing any wrong in APP
pearng In this case II my brother will read
Congress Is not prohibited by law from appear
Ing in the constituted courts OF the United
States. He Is only prohibited from appearing
in tho departments Of tho Govornment Tho
theory OF this Is that a member OF Congress 10y
means ~ his position. might influence the OIL
RI ~ 10y rtaffl Mt hk 10 -
trolling appointments But no such presump-
ton exists where q member OF Congress ap-
pears IN court. Ii is not presumed that mem
Der 81 Congress can influence Judge who ia
appointed Tor life. have myself appeared In
the supreme Court OF the United States in n
cnse against the Government, involving $500
900 IL is common thing for members VI
Congress to appear against tho Government in
the supreme Court. The law originated with
lt.verdy Johnson. who raised the question
whether John i, Hale had not influenced
military commission before which he appeared
II seems to me that the fact that the District
Attorney Is spending the Government money in
has some pecuniary interest in IL.
fernar,SS II WIS i9r the pleasure OF meeting
Gen. Butter intimutcl that the District Attor-
ney had no right to appear In a case merely for
his own pleasure.
have claimed and exercised military and
tnu"d, " but that was in time OF war whom the
ne OF the nation WAS in peril; The operation
az the civil law Is suspended during war. But
when the blessings Of peace come upon US
military power must stand aside. The Com
manding General il ~ much subject ~ law as
the lowest private soldier or tho humblest uri-
Nate citi0n. IL Is for acts done without au-
therli{ mat Gen. Sheridan is liable. Yet II he
acted In good faith the Government must in
demniiy hun ! impute no bad faith 10 Cen
Sheridan. | think he was doing what he
thought was his duty. think ihat he did not
consider the question much himself but signed
whnt the lawyers Of Mark Hoyt told him TO
Judge Wallace said that he had formed de-
cided opinion ol the claim set W in defence Of
Gen: sheridan-that his order putting Mark
lloyt in possession Of tho killona plantation
wac justified 10y the Reconstruction act. Ho
THE question Is whether there is ANYTHING in
cutertained toward IL by Gen. sheridan. which
changes the rights Of the parties from what
they are under the common law. which Is sub
stantiay the same a. that OF the law Of the
State OF louisiana. | am very clearly II the
opinion that Gen. sheridan was not justified.
under the Reconstruction at. In issuing the
order which he did issue in this case. lie was
people in thoir rights OF personal property Ms
AGAINST violence and tnrlnlsnea no was not
10 difference whether the Reconstruction act
was cotstiiutonal or unconstitutional. Gen.
seizure of killoua plantation. When he issued
that order he was not projected 10y the IN
which he held. His aci was simply that Of
private cit zen. IL was the samo H. u any other
citizen had directed the sheriff or Mark Hoyt
| TO - there and dispossess Whalon. OF course.
| When Heu sheridan directed THIS eviction he
| became ~ responsible for it Ms IL he had gone
personally with Mark Hoyt 20 enforce tho order
! and li-uo-scssel Mr.. Mhalen.
| Then III r question arts whether Gen. Shcri-
! dan cannot justify his a ton BOY showing that
| Mark lloyt whom he put in possession was
! the real owner. II the true owner -eizes his
| property by force. he cannot be sued Tor the
| properly. although he might be indicted for
| using Tie force. Gen. Sheridan may therefore
defend his action By showing that Mark lloyt
WAC the real owner oi kiiloua plantation when
| Nhncn was put of by Sheridan- order"
| He had no right TO issue the order. although
| he had the power 81 the army az his back 10 ell
| force Il. Gen. Butler said.
| II he had the whole army to assist him n
would only have been legal mol" Judge Wal
lace said. | hold that the owner OF property
| may be- indicted Tor II. and Gen. sheridan may
| show that Marx Hoyt was the lawful owner Of
| this plantation and directed him to seize il.
| Gen. sheridan was In one sense, the servant Of
| Mark HOyt in carrying out that order, In the
| same sense rs the President II tho servant of
| the people Tho conclusion il that Us "A matter
| Of law lie did not act as a General because he
could not. II he can Justify his act nj all. he
| must DO II by showing the title Of Mark HOyt"
Mark Hoyt was called as the first witness for
| the defence. He is stout. Roman featured
| sohd-loOking man. and was ono Of the few
| speakers whose voice could DO distinctly heard
| IN the room. He testified that Morgan Morgans
| owed money % him and his brother. and the
| purchase OF the hillona plantation was part Of
a plan 10 get that money paid.