Year: 1867




Legal Points.


All men and many women must have noticed
the remarkable similarity between the two
great suits Of The age-that of Judge Sharkey,
Mr.. Buchanans jeremiah, and others, who
urge that the dreadful oppressor, the United
States, is keeping them out of their rights;
and the not less wonderful case of GER
tain innumerable and mysterious heirs who
prove that the cruel oppressor, old Trinity,
keeps them out of their due and true in
heritance-all of course for the good Of mems
souls and the glory Of sound religion. 1t is
certain that the question of abstract night is in
favor of the oppressed, as it always is. But
alas the terrible facts ofpossession and power
are in favor Of the oppressor. Trinity stands
there in obdurate stone, perfectly typiied by
that infexible steeple-as Indifferent to the
Anneke Jams argument as if that excellent
argument were only one more odor floating up
from the Jersey meadows or the scavengers'
scows So stand also the impersonated States
as if they were all one Bunker Hill, unshaken
by such legal earthquake as the objections
of Sharkey ey-unsympathizing even with the
lamentation of jeremiah. But when was
right ever triumphant in this wicked world? :?
When was 1t that the laws delay and the in
science of Office had not justice and merit at
their mercy? What consolation it must be
to the heirs and to Sharkey and to Jeremiah
that there is not chance for the success of
their cases in this world of wrong, since that
very fact is such an evidence of the justice of
their claims


Anneke Jams was the buxOm widow of Rolf
Jansen, and she married Dominic Bogardus.
This all the world knows, or ought to know;
for it is part of the history of the golden age
of our city. Time went on; the sands ran
down the CLASSY gorge for many pleasant sum-
mers, and Anneke Jams, like Dido, and Timan-
dra, and Cleopatra, and other illustrious girls
of antiquity, forgot her loves and debts one
day, and folded her plump little hands for the
long, long sleep. In fact, she died. Now, it
had happened to the fair Anneke to have
heirs and the heirs-as heirs will-sold her
property and spent the money. The property
had been granted to Anneke's first husband by
Van Twiller; then the grant had been con-
tinued to Anneke by Stuyvesant; it was con-
tinued again by the English authorities the
property was sold by the heirs to Lovelace,
and in the palmy days of Anne it was given to
Trinity. But perhaps it was not properly sold
to Lovelace; perhaps one of the eight heirs
was not present when the conveyance was
made perhaps the conveyance was null.
Why should not the heirs-now numb ering
Il <olr kl,osv choI
"perhaps," and try the case with the present
holder, obstinate old Trinity? Le' them go
on, by oil means. They will find it an agree
able way to encourage young men in the study
of abstruse points Of law--an encouragement
that will benefit society and multiply lega!
tones. They will find 1t an effective way to
spend their money and, some centuries hence,
judge--bought up by Trinity, of course
will decide that right is entirely on tho side Of
tho heirs but that some technical defect In
proceedings vitiates their case from the be-
ginning-and Trinity will chime calmly on
through still other centuries.


This may be very we'll for impoverished and
ambitious heirs; but would it not be superla-
tive folly to reason thus in the matter of gov
ernment, and suppose it to be statesmanship
Yet how much better is the case now before
the Supreme Court? Not whit. II is a case
in which men have set themselves to the
microscopic inspection Of the technicalites
of law, shutting their eyes to great events
and to the fact that the laws they dis
cuss have been absolutely put aside, and
are no more relevant than would be the
laws Of the Modes and Pcrsians. Here is q
learned lawyer, once Cabinet officer, who
gives us serious recital OF the colonial his
tory OF tho State of Georgia and the War OF
Independence, and brings it all down to the
present time to show-what? Merely that GER
tain recently made acts of Congress are likely
to "violate the federal constitution" as it was
framed for our government in pursuance Of
the peace with Great Britain. Beautiful solicit
tude for the integrity of tho federal constitu-
ton! The lawyer does not see that the consti-
tuition, so far as ii relates to the State for which
he pleads, was first violated by that State and
by the war which that State waged agains. the
constitution whose protection it now claims
| He docs not see that his client slew the de-
fender he now calls upon; and when he pirates
Of violations of the Constitution he forgets the
great maxim about coming iato court with
| clean hands. 4gs....s.


Judge Sharkey and Mr.. Buchanan's At
torney General and other lawyers can, it
thus appears, easily shut their eyes to a
| great revolution. 1t is said that two armies
were once unconscious of an earthquake that
shook the very field on which they were des-
perately fighting. Here, however, are men
who can not only ignore the shock, but also
the ruin left behnd-who can argue as If there
had been no earthquake in the presence Of the
rent mountains, the diverted river, the up
heaved plain and the hundred cities whose
domes have been busted down and scattered
by the wind. Since learned lawyers can thus