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Andrews v. Hensler U.S. 254 (1867)

handle is hein.slavery/ussccases0402 and id is 1 raw text is: ANDREWS V. HENSLER. Syllabus. The constitutionality of that provision has been uniformly sustained by the unanimous judgment of this court whenever the subjecthas been presented for adjudication. The twelfth section of the act of 1780w and the third section of the act of the 2d March, 1833, relating to revenue officers, present the sanle question. We are not aware that a doubt as to the validity of either has ever been expressed by any Federal court. The acquiescence is now universal. The fourth and fifth sections of the act of 1863, are copied largely from the eighth section of the act of February 4th, 1815.* That act expired by its own limitation at the close of the then existing war. The section referred to, was continued in force for one year in the sixth section of the act of March 3d, 1815.t See also the third sectiqn of the act of March 3d, 1817.T We entertain no doubt of the constitutionality of the juris- diction given by the acts under which this case has arisen. The validity of the defence authorized to be made is a distinct subject. It involves wholly different inquiries. We have not had occasion to consider it. It has no connection whatever with the question of jurisdiction. The order of the court below is REVERSED. An order will be remitted that the cause be REINSTATED, and that the court proceed in it according to law. ANDREwS V. HENSLER. I. *Under the code of Louisiana, which allows general and special pleas to be pleaded together, if consistent with each other, an amended answer or plea on a redhibitory action for diseased and useless slaves bought at auction, that the auctioneer, who sold the slaves for the defendant, de- dared at his request at the time, that they must be examined by the physician of the purchaser previous to their delivery, but that the plaintiff was in such haste to obtain possession of the slaves purchased, that he removed them without examination, before the act of sale was [SLIP. Ct. *8 Stat. at Large 198. . t Id. 233. $ Id. 396.

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