Radich v. Hutchins
| Decision Date | 01 October 1877 |
| Parties | RADICH v. HUTCHINS |
| Court | U.S. Supreme Court |
ERROR to the Circuit Court of the United States for the Eastern District of Texas.
This was an action brought by Radich against Hutchins and Wells. He alleges in his petition that he is a subject of the Emperor of Russia, and that he was, in 1864, the owner of four hundred and fifty bales of cotton, of the value of $50,000, which he designed to export from Texas, where he then resided, to Mexico, and which were then in transit on their way to Matamoras; that the defendant Hutchins, claiming to be a lieutenant-colonel in the army of the Confederate States, and chief of the cotton office at Houston in that State, combining with the defendant Wells and others, had, without warrant of law, by a public notice, prohibited the exportation of cotton from the State, except upon written permits from his office; that such permits would not be issued, except upon condition that the person desiring to export cotton should sell to them an equal amount, at a nominal and arbitrary price, for the benefit of the Confederate States; that, being desirous to export and sell his cotton, because of the risk incurred of its destruction or loss during the war, and knowing that if he should attempt to send it beyond the frontier of the State into Mexico the armed forces of the Confederate States, provided to carry out the illegal exactions of the defendants and their confederates, would capture and confiscate it, he was compelled to submit, and did submit, to the condition imposed, and accordingly elivered to the defendants one-half of his cotton, namely, two hundred and twenty-five bales, at a nominal and arbitrary price, as a consideration for a permit to export the other half, but upon a stipulation, however, insisted upon by himself, that he should have the privilege of re deeming the bales sold, and exporting them upon the payment of such sum as the defendants might demand; and that afterwards he paid them $13,357 in specie, and in goods, wares, and merchandise at specie values, in redemption of the bales and for a permit to export them. He alleges that the amount thus paid was illegally and oppressively exacted, and that he submitted to the wrong because of the armed forces to support and enforce it.
The defendants demurred. The demurrer was sustained and the petition dismissed. Radich thereupon sued out this writ of error.
The case was argued for the plaintiff in error by Mr. Thomas J. Durant, who cited Cutner v. United States, 17 Wall. 517; The Santissima Trinidad, 7 Wheat. 283; United States v. Guillem, 11 How. 47; Sprott v. United States, 20 Wall. 459; Hickman v. Jones, 9 id. 197; The Venice, 2 id. 258.
Mr. Philip Phillips, contra.
If at the time the transaction took place, which has given rise to the present action, the plaintiff was a subject of the Emperor of Russia, as he alleges, that fact cannot affect the decision of the case, or any question presented for our consideration. He was then a resident of the State of Texas, and engaged in business there. As a foreigner domiciled in the country, he was bound to obey all the laws of the United States not immediately relating to citizenship, and was equally amenable with citizens to the penalties prescribed for their infraction. He owed allegiance to the government of the country so long as he resided within its limits, and can claim no exemption from the statutes passed to punish treason, or the giving of aid and comfort to the insurgent States. The law on this subject is well settled and universally recognized. Carlisle v. United States, 16 Wall. 147.
The case presented by the petition is without merit.
The substance of the complaint is that the defendants, as officers of the Confederate government, by a public notice, had prohibited the exportation of cotton from the State of Texas to Mexico, except upon condition that the exporter should sell to them...
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...[his or her] sojourn in it." Carlisle v. United States, 83 U.S. (16 Wall.) 147, 154, 21 L.Ed. 426 (1873); see also Radich v. Hutchins, 95 U.S. 210, 211, 24 L.Ed. 409 (1877) ("As a foreigner domiciled in the country, ... [the alien] owed allegiance to the government of the country so long as......
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...doors of justice were already open and the parties were within the temple. Such a voluntary payment cannot be duress. Radich v. Hutchins, 95 U.S. 210, 213, 24 L.Ed. 409; Brown v. Swann, 10 Pet. 497, 505, 35 U.S. 497, 505, 9 L.Ed. 508; Brown v. Buena Vista County, 95 U.S. 157, 24 L.Ed. 422; ......
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Diamond v. Pa. State Educ. Ass'n
...person or property from an actual and existing duress imposed upon it by the party to whom the money is paid.’ " Radich v. Hutchins , 95 U.S. 210, 212-13, 24 L.Ed. 409 (1877) (quoting Lefferman , 4 Gill. at 436, and citing Brumagim , 18 Cal. at 265 ; and Mays , 1 Ohio St. at 268 ); see also......
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