United States. (A copy of which pardon is set out in the record, but need not be repeated here.) 1877. January Term. Fairfax V. Alexan'ria That between March 14th, and April 11th, 1864, an attorney at law appeared before Jno. C. Underwood, judge of the district court of the United States for the City of district of Virginia at Alexandria as counsel, and endeavored to procure from him a reversal of the decree of confiscation entered in favor of the United States against Dr. Orlando Fairfax's (the plaintiff in this cause) house and lot situated on Cameron street, in the city of Alexandria. The judge, the honorable John C. Underwood, informed the attorney from the bench that he could allow no appearance for any "rebel" or "traitor;" that this was the rule of his court as before that publicly announced, and that he had in every case ordered the appearance of counsel for, and the answer of "rebels," to be stricken from the files. The records of three confiscation cases, tried in the United States district court, for the district of Virginia, before the said John C. Underwood as judge, between March 10th, 1864, and May 4th, 1864, in which the United States was plaintiff, and Dr. Orlando Fairfax (the plaintiff in this cause) was defendant, show that in each case the above rule and practice of the court, as proven by said attorney, that is to allow no appearance for any "rebel" or "traitor," was carried out against Dr. Orlando Fairfax, the defendant in these cases, and the plaintiff in this, and that the appearance of his attorney, and his answers in those three cases, tried and determined between March 10th, 1864, and May 4th, 1864, were, by order of said United States district court at Alexandria, stricken from the files, on the ground that said Dr. Orlando Fairfax was within the Confederate lines, and a rebel. That the aggregate or principal of said bonds is Term. 1877. $8,700, upon which interest has accrued as to $3,500 January thereof from January 15, 1867, and on $5,200 thereof from July 1, 1867, on each sum at the rate of six per centum per annum. That on the 4th day of May 1864, City of the United States district court, for the dis Fairfax V. Alexan'ria trict of Virginia, in a cause in confiscation therein pending (but not one of the confiscation causes heretofore referred to) in the name of the "United States against all the right, title and interest of Dr. Orlando Fairfax in and to eighty-seven shares of the stock of the corporation of Alexandria, in the eastern district of Virginia, together with all the monies due him and becoming due from the said corporation for dividends upon said stock," passed a sentence of condemnation condemning said stock as forfeited to the United States, the record of which sentence is in the words. and figures following, to wit: (Here follows the said record, which will not be set out here in full, but only the substance of such portions as seem to be material to be here stated.) The libel of information was filed on the 24th of February 1864, by L. H. Chandler, United States attorney for the eastern district of Virginia, in behalf of the government of the United States, against all the right, title and interest of Dr. Orlando Fairfax in and to eighty-seven shares of the stock of the corporation of Alexandria, together with all the monies due him and becoming due from the said corporation for dividends upon said stock, and against all persons lawfully intervening for their interest therein. The said libel contains nine articles, charging the said Fairfax with being the owner of the said stock, and with having forfeited the same by violating, as therein mentioned, the provisions of the act of congress approved on the 17th day of July 1862, entitled "an act to suppress insur 1877. January Fairfax Alexan❜ria rection, punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, and by disregarding the proclamation of the president of the United States, issued on the 25th day of July 1862, "warning all persons within the contemplation City of of the sixth section of the said act of congress to cease from participating in, aiding, countenancing and abetting the existing rebellion against the government of the United States." The last two of the said articles are in these words: "VIII. That the said property herein described has been seized by the United States marshal for the district of Virginia, in compliance with instructions issued by the attorney general to district attorneys of the United States, and by virtue of the fifth section of the act approved on the 17th day of July, in the year of our Lord 1862, entitled "an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes.' "IX. That by reason of the premises, the property herein described became and was forfeited to the United States, and ought to be condemned to their use. And the conclusion of the libel is in these words: "Wherefore prayer is hereby made to your honor that process of monition may issue against the owner and owners of the property herein described, and against all persons interested or claiming an interest therein, warning them at some early day to be therein named to appear and answer this libel of information; and the owners of said property being absent and non-resident, prayer is further made for order of publication in the usual form, and for such further and other relief as to law and justice may appertain, and as this court is competent to give in the premises. L. H. CHANDLER, U. S. Attorney." 1877. January Term. Fairfax V. Alexan'ria The seizure referred to in the eighth article of said libel was made under a warrant of the said attorney, dated on the 22d of February, 1864, addressed "To the marshal of the United States for the eastern disCity of trict of Virginia," directing him "to seize all the right, title and interest of Dr. Orlando Fairfax in and to eighty-seven shares of the stock of the corporation of Alexandria in the eastern district of Virginia, together with all the monies due him and becoming due for the said corporation for dividends upon said stock, together with all the improvements, buildings, rights, privileges, appurtenances and other hereditaments to the same belonging, or in any wise appertaining, and all right, title, interest and estate of Dr. Orlando Fairfax therein, as proceedings are to be instituted to secure the confiscation of the same to the use of the United States under the above entitled act," and directing him to report the said seizure to the said attorney when the same shall have been made. A return was made on said warrant in these words: "UNITED STATES MARSHAL'S OFFICE, Alexandria, Va., Feb. 23rd, 1864. I certify that I have seized the within described property, and given notice to R. Johnson, Esq., auditor of the corporation of Alexandria, as within directed. JOHN UNDERWOOD, U. S. Marshal.” The said warrant and return were filed with the libel, and on the 26th of February 1864, an order was made in the cause, which, after setting out the style of it, is in these words: "On reading and filing the libel in this case, the court orders that process of monition issue as prayed, and appoints the first Monday in April 1864, and the court room in the custom-house, in the city of Alexandria, as the time and place of trial of this cause; and also orders that notice of said time and place of trial, and of the substance of the said libel, be given by publication thereof in the Virginia State Journal, a newspaper published in the city of Alexandria, and also by posting up the same at the court-house door; and that proclamation of the pendency of this suit be made by the marshal at the court-house door two times weekly, until the day of trial. JOHN C. UNDERWOOD, District Judge." Process of monition was accordingly issued on the same day by the clerk of the said court, directed to the marshal of said district, who made his return thereon, dated April 4, 1864; that he had "caused the notice to be published, posted and proclaimed as within commanded." Copies of said process and return, and of the evidence of the publication and posting thereof, were made a part of the record. And afterwards, to wit: on the 4th day of May 1864, a judgment of confiscation was entered in the cause, which, after setting out the style of it, is in these words: "The papers in this cause having been theretofore returned, the usual proclamation having been made, the default of all persons being duly entered, and due deliberation being had on the pleadings, it is thereupon, on motion of L. H. Chandler, attorney for the United States, ordered, adjudged, sentenced and decreed by the court that the personal property mentioned and described in the libel in this cause be, and the same accordingly is, confiscated and condemned as forfeited to the United States. And upon like motion it is further ordered, adjudged and decreed that the clerk of this court issue a" writ of venditioni exponas, &c. 1877. January Fairfax V. City of Alexan'ria |