Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
"Again: in the eye of the law, Mr. S. would be regarded as an absconded
debtor, and had there been a court of common pleas in this city, Mr. G.
could have had an attachment issued, and the goods of Mr. S. seized
and held by virtue of that attachment. True, Mr. S. has not left the
State--and in most of the States the law requires that the party shall
have left the State before an attachment can issue--but, under the
present state of things, Mr. S. has as virtually left the State, or at
least the jurisdiction of a court in Alexandria, as though he had gone
to England. I certainly should have taken this view of the case had
I been presiding in a common pleas court, and this case been brought
before me, and I doubt not any other judge would have done the same. In
law, as in other things, 'circumstances alter cases,' and it is the
duty of a court always to consider circumstances, and to give such
construction to law as will best promote the ends of justice.
"Nor does this principle at all conflict with another, so often and so
strongly insisted upon by this court, namely, that abandoned property
shall not be taken for private gain. Had any party, having no just claim
upon Mr S., attempted to take for his own use and profit any of the
goods left by Mr. S. in that store-room, this court, if informed of the
attempt, would have used all its power to prevent such taking, and, if
already taken, the court would have made the party return the goods
to the place from whence taken. But the case in hand is altogether
different. Here the party has a claim, a just claim, indeed an implied,
if not a legal ownership in the goods which he seeks to take, and,
instead of preventing, it becomes the duty of the court to assist in the
transfer.
Public-domain text, read in full here on John Shaqi.
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