Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-05-19

this lnteilgencet IAN " De anything else Inan
that the rebellion cannot be crushed by the pres
ent immense army in the fedi Governors Nor
TON. YATKs aud BRoUsH assured the country thst
only eighty-fve thousand hundred days men. not
20 be credited any draft. were all that we're
necessary TO finish the rebellion. Now we are
told that three hundred thousand more three
years men are necessary How long must this
sacrifice Of blood and treasure continued L. il
not time that the people should take charge Of
their own affairs, Their agents have demon
stra,ed most indsputsbly their incapacity to adj
minister the government.
a striking Comm entary UPen the
war.
In the law reports of the Cincinnati CONNER
cisl We 6nd the following decision Of the Superior
Court of that city. in reference to some cotton
speculations in the military department Of U 3.
GnAsr-the father Of the latter being the plaintiff
in the suit. The facts developed in the case
a striking commentary on the war and upon the
spirit Of its prosecution The father Of General
GaAST makes a contract with Specializing firm
in Cincinnati. ia consideration of one quarter
OF the realized net profits. to procure from the
headquarters of Gen. GRANT permit to purchase
cotton. secure transportation, and such other IA
cilities might be consistent with the usages
and interests of the army. Ii appears that Mr..
He procured the permit to purchase cotton which
the Court declared illegal. unless carried on by
permission Of the President through the Treasury
Department. The Court also declared that the
securing Of transportation. which the plaintiff
averred he did, was an improper and illegal use
ofgovernment horses vnd wagons. or steamboats,;
and that the 'other facilities have been pro-
cured by honest or dishonest influences.
The Court very properly stated in its opinion
that the employment OF the plaintiff to procure
the illegal corporation of the military in pri-
vate enterprise il proven was equally disgraceful
to the defendants and the plaintiffs. and would
insure the dismissal of the petition of the plain
tiff 20 compel the payment by the defendants of
one quarter of ST.. 200, the net profits in the
transaction. with Reproduction to both parties
We call especial attention to the remarks of
Judge SroRER. whose loyalty" and Republican
ism cannot be questioned. He felt constrained
to say that the whole of the trade as disclosed
in the proceeding. was not only disgrscefu;. but
tends directly to disgrace the country. IL is the
price Of blood +"
After these remarks of the Court. il is unnec-
essary for ms to add word of condemnation
spon the infamous outrages which have been.
and are being committed. similar to those devel-
oped In this case and with the consent if not the
participation Of high civil and military officials
SAYS a ''loysl" Judge. This trade is disgrace
10 the country may more. III is the price Of
blood F" Here is the damning evidence that the
nation is being impoverished and hundreds of
thousands Of valuable lives sacrificed to CRAFTY
the cupidity and avarice of shoddy officials con-
pride and justice is not psrsIyzed in the public
mind. the day of retrbution, fearful and over
whelming. will not long be delayed.
The following is the opinion of the Court, as
reported:
General Term-Jes.e r. Grant vs. Mack
Brothers Judge Hoady delivered the opinion
The case reserved from Special Term on a
demurrer u the petition. The action Was in
stitnted for the settlement of partnership ac-
count. The plaintiff AYERS that in December
1862, he entered into 4 partnership with de
PENDANTS tor the purchasing of cotton in the
military department. of u. ) Grant; the cond-
tons OF the agreement that defendants were TO
furnish the capital and the men To purchase and
ship the cotton. aud the plaintiff TO procure at
the headquarters Of General Grant a permit to
purchase IT, secure transportation. aud such other
facilities - might be consistent with the usages
and interests oil the army. The plaintiff vas 10
receive one-fourth share Of the ret profits of
sale. after deducting from gross proceeds the
necessary expenses The petition states further
that there a realized profit n the defendants
hands OF not less than SlD 600, and that they re-
fuse to render any account. or pay plaintiff his
proportion.
The defendants claim that the plaintiff con-
tributed. by his sho wing. neither capital nor
lawful service TO the copsrtnershp. and that their
agreement 10 pay him Share Of the profits is
therefore. without sufficient consideration The
Court can not presume thai the plaintiff intended
70 alege that he undertook that which WAS for
hidden by law. His acts and promises NAV have
been illegal, and the partnership. one for a tor
hidden enterprise, but ia the absence of An
answer 81 svering. the Court can not assume it.
unless the ayerments are Inconsistent with any
other theory
The purchase Of cotton in the military depart
ment commanded by Gen Grant was illegal, IN.
lsss carried on by permission of the President
o6tsined through the Treasury Department The
plaintiff AYERS that he was 90 20 to the head
quarters OF Gen Grant. and procure = permit 20
purchase cotton. Whether this vas expected To
be obt&inef ircm the General himself. from some
member of his staff. a treasury agent AZ head
quarters. Is not stated. Whether she plaintiff
was 20 procure IL as a personal favor. or by the
use Of personal, political or other illegtimate in
fusnce. or in the ordinary mode of business. is
not shown
The Court could not presume he vas 10 get his
permit from an officer not authorized by law 10
give Il. or that he TO procure il as the reward
OF personal. political or other illegIumAle inau-
ence They must rather infer that ne proposed
10 solicit and procure q permit IN the ordinary
ana proper ~ay from a treasury agent having al
thority 20 issue IL
Again. II Is aSerred that the plaintiff vas to,
aud did. secure transportation.
THIS may have been done by procuring from
some Qusrtsfmsstsr othef officer controlling
70. the smproper and illegal use OF governments
horses and wagons, or steamboats,: or. he may
have hired horse and wagons from the people OF
the country. aud secured steamboat transDorta-
tion IN the usual say The mere fact that he was
TO secure transportation ~ The Headquarters Of
Gen Grant - not decisive