CASES

ARGUED AND ADJUDGED

IN

The Supreme Court

OF

THE UNITED STATES,

OCTOBER TERMS, 1873 AND 1874.

REPORTED BY

JOHN WILLIAM WALLACE.

VOL. XX.

WASHINGTON, D. C.:

W. H. & O. H. MORRISON,

Law Publishers and Booksellers.

1875.

Entered according to Act of Congress, in the year 1875.

BY W. H. & O. H. MORRISON, In the Office of the Librarian of Congress, at Washington.

SUPREME COURT OF THE UNITED STATES,

AS MADE APRIL 1, 1874, UNDER THE ACTS OF CONGRESS OF JULY 23, 1866, AND MARCH 2, 1867.

NAME OF THE JUDGE, AND STATE NUMBER AND TERRITORY OF THE DATE AND AUTHOR OF THE JUDGE'S
WHENCE COMING.
CIRCUIT.

COMMISSION.

CHIEF JUSTICE.

HON. M. R. WAITE,
Ohio.

ASSOCIATES.

HON. WARD HUNT,
New York.

HON. WM STRONG.
Pennsylvania.

HON. N. CLIFFORD,
Maine.

HON. N. H. SWAYNE,
Ohio.

OF THE

HON. S. F. MILLER,
Iowa.

HON. DAVID DAVIS,
Illinois.

HON. S. J. FIELD,
California.

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FOURTH.

MARYLAND, WEST VIR
GINIA, VIRGINIA, NORTH
CAROLINA, AND SOUTH
CAROLINA.

SECOND,

NEW YORK, VERMONT,
AND CONNECTICUT.

FIFTH.

HON. J. P. BRADLEY, GEORGIA, FLORIDA, ALA-
New Jersey.
BAMA, MISSISSIPPI, LOU-
ISIANA, AND TEXAS.

SIXTH.

OHIO, MICHIGAN, KEN-
TUCKY, AND TENNESSEE.

EIGHTH.

MINNESOTA, IOWA, MIS-
SOURI, KANSAS, ARKAN-
SAS, AND NEBRASKA,

SEVENTH.

INDIANA,, ILLINOIS, AND
WISCONSIN.

NINTH.

CALIFORNIA,OREGON, AND
NEVADA.

1874. January 21st. PRESIDENT GRANT.

1872. December 11th. PRESIDENT GRANT.

1870.

February 18th. PRESIDENT Grant.

1858. January 12th. PRESIDENT BUCHANAN.

1870. March 21st. PRESIDENT GRANT.

1862.

January 24th. PRESIDENT LINCOLN.

1862. July 16th. PRESIDENT LINCOLN.

1862. December 8th. PRESIDENT LINCOLN.

1863. March 10th. PRESIDENT LINCOLN.

MEMORANDA.

BENJAMIN ROBBINS CURTIS.

THE Honorable BENJAMIN ROBBINS CURTIS, for several years one of the judges of this court, but at the time of his death, returned to the bar, departed this life at Newport, R I., September 15th, 1874. On Monday, October 13th, at the opening of the term first following the sad event, the bar of this court met in the court-room, at 12 o'clock, to pay respect to his memory.

The Hon. JOIN ARCHIBALD CAMPBELL was appointed Chairman, and D. W. MIDDLETON, Esquire, Secretary.

On motion of the Hon. P. PHILLIPS, the chair appointed the following Committee on Resolutions, viz., Messrs. Reverdy Johnson, Philip Phillips, W. M. Evarts, Benjamin H. Bristow, George H. Williams, John A. J. Cresswell, Richard T. Merrick, T. D. Lincoln, and Richard M. Corwine.

The committee, through its chairman, reported the following resolutions:

THE BAR OF THE SUPREME COURT OF THE UNITED STATES, assembled upon occasion of the death of their brother CURTIS, in testimony of their great affection and esteem for him in life, and of their sense of the loss which the courts and the bar of the whole country and the community at large suffer in his death, adopt the following resolutions:

Resolved, That we find in the professional life, labors, and honors of BENJAMIN ROBBINS CURTIS, as displayed in an elevated and extended career of judicial and forensic duty and distinction, the imposing traits and qualities of intellect and character which, in concurrence, make up the true and permanent fame among men of a great lawyer and a great judge.

Resolved, That the example presented by his life, of great natural powers faithfully disciplined and completely developed, expanded by large acquirements, and kept vigorous and alert by strenuous exercise, applied to noble uses, and effecting illustrious results upon a conspicuous theatre of action and in manifold and diversified opportunities of public service and of public notice, is rare among lawyers as among men, and furnishes a just and assured title to permanent renown in the memory of his countrymen.

Resolved, That in the special qualities which mark him as a consummate forensic advocate and as an authoritative judge, the structure of Mr. CURTIS's mind, and its discipline, combined the widest and most circumspect

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