Title: W. A. Field to P. Phillips, 30 March 1870
Date: March 30, 1870
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.01286
Contributors to digital file: Elizabeth Lorang, Nima Najafi Kianfar, Kevin McMullen, and John Schwaninger
March 30, 1870.
P. Phillips, Esq.
Washington, D. C.
On the docket of the present term of the Supreme Court, there is No. 188, Bank of Louisiana, appellant, vs. The United States—and No. 286, John C. Harris, et. al. appellant, vs. The United States, both of which are the same case, brought up by appeal by different claimants of the same property, from the District Court of the United States for the Middle District of Alabama, in which Court it was condemned as forfeited to the United States under the Confiscation Laws. The case was tried in the District Court without a jury, although it seems, one of the claimants, at least, demanded a jury trial,— and it is sufficiently manifest that the seizure was upon land.
These cases must go back and be tried according to the course of the common law. Mr. Chilton is Attorney of record in the first, and Mr. Thomas Wilson in the second—but I do not know the address of Mr. Wilson, though it may be in this city.
As you have sometimes appeared in the Supreme Court for Chilton, I desire to ask whether you feel authorized to do so in this case,—and, if so, whether there is any reason why it should be disposed of, on motion, next Friday?
A letter similar to this has been addressed to "Thomas Wilson, Esq. Washington, D. C."
W. A. Field,
Assistant Attorney General.
Sup. Ct. cases N. 188, & No. 286