Thereupon, on the day and year aforesaid, the said Nathan Lufborough, by his attorney aforesaid, prosecuted and sued forth out of the circuit court here for the District and county aforesaid the writ of the United States of replevin directed to the marshal of the District aforesaid in the words and of the tenor following, to wit: "District of Columbia, to wit: The United States of America to the marshal of the District of Columbia, greeting: Whereas Nathan Lufborough, of the county of Washington, hath come into the circuit court of the District of Columbia for the county aforesaid and found sufficient sureties as well his clamor to prosecute as for one black gelding about nine years old, the proper goods and chattels of him the said Nathan Lufborough which a certain James H. Blake, of the county aforesaid, hath taken and unjustly detains against sureties and pledges, &c. (as it is said), to be returned if the return thereof shall be adjudged: You are, therefore, hereby commanded that the said goods and chattels, being in the county aforesaid, in your said district, you cause to be replevied and delivered to the said Nathan Lufborough, and that you put by sureties and safe pledges the said James H. Blake that he be and appear before the said circuit court to be held in and for the county aforesaid, at the city of Washington, on the fourth Monday of December next, to answer the said Nathan Lufborough in a plea wherefore he took the goods and chattels of him, the said Lufborough, and them unjustly detains against gages and pledges, &c., and how you shall execute this writ make known to the said court at the day and place aforesaid, and have you then and there this writ. Witness the Honorable William Cranch, esq., chief judge of the said court, the 14th day of June, 1817. WM. BRENT, Clk.

Issued this tenth day of Sept., 1817.

And now at this day, to wit, the fourth Monday of December, being the twenty-second day of the same month, in the year of our Lord eighteen hundred and seventeen, and the day of the return of the aforegoing writ, come into the circuit court here for the District and county afsd. the said Nathan Lufborough, by his attorneys aforesaid and the marshal of the District aforesaid, to whom the said aforegoing writ was in form aforesaid directed, makes returns thereof to the court here, thus endorsed, to wit:

Replevied and delivered to the plaintiff.

W. BOYD, Marshal, Dt. Cola. And the said Nathan Lufborough, by his attorney aforesaid, declared against the said James H. Blake in the plea aforesaid in form following, to wit, "District of Columbia, Washington County, Set.: James H. Blake, late of Washington County, gentleman, was summoned to answer unto Nathan Lufborough in a plea wherefore he took the cattle of the said Nathan Lufborough & unjustly detained them against sureties & pledges, &c. And whereupon the said Nathan, by Elias B. Caldwell, his attorney, complains that the said James, on the first day of September, in the year of our Lord one thousand eight hundred and seventeen, at Washington County aforesaid, in a certain farm of the said Nathan there took the cattle of the said Nathan, to wit, ten cours and ten oren and unjustly detained them against sureties and pledges until, &c. Wherefore the said Nathan says that he is injured and has sustained damage to the value of one thousand dollars, and therefore he brings his suit, &c.

E. B. CALDWELL, Atto. for the Plff.

NATHAN LUFBOROUGH) 369 appearance. Replevin nar pleas property in def't, with leave to give the special matter in evidence and issue.

vs.

JAMES H. BLAKE.

The defendant justified the taking the cattle mentioned in the declaration for taxes due to the United States for the year 1815 under an act of the Congress of the United States passed the 27th day of February, A. D. 1815, entitled "An act to provide additional revenue for defraying the expenses of government and maintaining the public credit by laying a direct tax upon the District of Columbia," and under an act passed the fifth day of March, A. D. 1816, entitled "An act to reduce the amount of the direct tax, entitled "An actIt is admitted that the plaintiff was a resident of the District of Columbia and held real estate in the county of Washington, in the said District of Columbia, which real estate was assessed for taxes to the United States under the above-mentioned acts of Congress, and the said taxes not having been paid, and such notice and demand thereof having been given and made, as is required by said laws, the cattle in the declaration mentioned were distrained for the payment of the said tax. It is admitted that the defendant, James H. Blake, is the collector of the said taxes under the said laws, and that if Congress may constitutionally lay a direct tax upon the lands of citizens and inhabitants of the District of Columbia situate within the said District judgment in this case shall be entered for the defendant, and one cent damages in due form otherwise for the plff. and for such damages as shall be assessed by a jury, &c.

Whereupon all and singular the premises being seen and inspected by the court here, and mature deliberation being thereupon had, it is considered by said court that the said James H. Blake recover of the said Nathan Lufborough one cent current money damages as also the sum of by the court here unto the said James H. Blake on his assent adjudged for his costs and charges by him about his defence in this behalf laid out and expended, and the said Nathan Lufborough in mercy, &c.

Test:

WM. BRENT, Clk.

And thereupon the said Nathan Lufborough by his attorney aforesaid prays an appeal from the judgment aforesaid so as aforesaid ren dered to the Supreme Court of the United States, and it is granted him. DISTRICT OF COLUMBIA, Washington County, set:

I, William Brent, clerk of the circuit court of the United States for the District of Columbia and county of Washington, hereby certify that the aforegoing is truly copied from the record of the proceedings of the county aforesaid in the above-mentioned suit, wherein Nathan Lufborough is plaintiff and James H. Blake is defendant. In testimony whereof Í hereto set my hand and affix the seal of the said court this twelfth day of February, A. D. 1818.

[SEAL.]

UNITED STATES, 88:

WM. BRENT, CI.

The President of the United States to the judges of the circuit court of the United States for the District of Columbia, greeting:

Because in the record and proceedings as also in the rendition of the judgment of a plea which is in the said circuit court before you or

some of you, between Nathan Lufborough, plaintiff, and James H. Blake, defendant, a manifest error hath happened to the great damage of the said Nathan Lufborough as by his complaint appears. We being willing that error if any hath been should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then under your seal distinctly and openly you send the record and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the United States, together with this writ, so that you have the same at Washington on the first Monday of February next, in the said Supreme Court to be then and there held, that the record and proceedings aforesaid being inspected the said Supreme Court may cause further to be done therein to correct that error what of right and according to the law and custom of the United States should be done.

Witness the honorable John Marshall, esq., Chief Justice of the said Supreme Court, this

United States the

day of

thousand eight hundred and

[SEAL OF SUP. CT.

UNITED STATES.]

(Endorsed:) 21 Washington.

in the year of our Lord one and of the Independence of the

E. B. CALDWELL,

Clk. Sup. Ct. U. S.

Nathan Lufborough vs. James H.

Blake. Record. Filed Feb. 17th, 1818. D. Columbia. Decided 1820.