New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-25
CAPTURED REBEL PROPERTY.
opinion Of the Attorrey-General.
Claimants Referred to the Court Of Claims

CAPTURED or abandoned Rebel property taken into mil
tary possession and transferred TO the agents OF the
United States Treasury for sale. As 1t Involves very
large interests both North and South 1t important
Much Of this property since it came into possession Oh
The United States appears to have been designed 10 pay
off debts contracted before the war with our Northern
merchants. many Of whom now hold assignments OF
claims osensiby for that purpose And there has been
GOOD deal OF speculation in these claims also certain
parties 10 the North having purchased them st very
nominal figure. TO all concerned the only recourse,
according TO the Attorney General, is the Court OF
Claims. o.-
ATTORNEY G GENERALS OFFICE, July 5 1860.
Hon. HUGH MCCUILoCH. Secretary Of the 1TeasWg
SIR have the honor to acknowledge the receipt OF
yonr letter of the 18th ult submitting for my opinion
the questions that have arisen in your Department III
the case of the Savannah cotton
The circumstances under which the property IN cues
ton ceme into the possession Of the Government are
stated in yonr letter substantially as follows:
On the occupation Of the city OF savannah, IN De
cember last by the United States forces under n"lor
Gen Sherman some Sc bales OF cotton were found
stored there. This property was seized ana TAKEN pos
session Of by the military authorities ana Dy then
TUNED over 10 agents of the Treasury department as
Captured property pursuant TO the piO,lSl9 % '
ac,s of Congress OF March IL, 1863 and Jny2 leoi
az Stat at Large. $50; 10 id. 800 After II was tns
forwarded tc NewYork, and there sold at adcion as
proyided by law. You state that number OF CLAIMS
Tor The nroceeds Of the sales being presented
Se5t Of Savannsh who aver that they been loyal
20 the Government during the Rehelhon others Jelns
subjects of foreign governments resident ~ pay inn
ar abroad ayerring that they neutral during tbe
late conflict Others again being Northern merchants
stating that they came into possession o. tge ogeUn
claimed by them in payment Of as security Or QeDs
contracted prior TO the Rebeosi and stu others
claiming restitution Of their property or ITS proceeds
on the ground that the cotton IN question was nv' cap
fnrable or properly captured property and sAonld
Tot be held and treated as such.
The first question arising this state OF 7ets mat
uln. he
has been made should or should not be regarded as
captured" under the acts OF Congress OF Mafch ~
1853, and July . 1864 ,-.......o-;sosl
what property shall be regarded Us captured prop,
ty"'wihin the meaning of the law dehnitoh oi !
abandoned" property however is contained IN te Isl
section of the act of 1904 That statute provides that
proDytz real or personal shall be regarded as obc
dosed when the lawful owner shall be voluntarily
absent therefrom and ENGAGED either IN
arms or otherwise, in aiding OF ENCOURAGING
the Rebellion" IS stat. ,, 81 a hsrsg in de-,
termuing for present purposes, what proper! Is
cQmprehended by the phrase captured pihpen!, a.
used In these statutes ior ne Pn.Io M srorsr
ty other than that species described by the pr0's 10
he LIST section Of tie act Of 1908 actually ana hosi.y
eised and land. by military officer or soldier
Of the United States in State, or any portion OF
State designated in iDsurrecuon against the nlted
States may he regarded as captured WltAlh Tue
meaning of the statutes Of 1853 and 1864. do not H.
tend 70 saw that no other property than that have
thus endeavored 70 describe may be denomnafed ana
treated as captured properly a.9er e.ess sa tss
certain property seized and taken by nnrai forces 1
property seized by the navy upon any OIL me inaho
waters of the United States may be dealt win III le
manner provided nv the laws under consideration as
Stat at Large SD whether tins section taxes a"ay
the prize Jurisdiction OF the courts IN al ceses vi b
United States effected there by naval commissioned
eaptOrs and commits all jurisdiction over such cases 10
The Court of Claims And Congress- must remain Tor
judicial determination. But the Sapreme Court mas IT,
Gently decided that private property scize by nava
force on land bordering one OF the Inland waters
OF the insurrectionsry South, not the subject OF
prze jurisdiction, and receivable by the treasury
Agents under the statute Of lso5 > q bales o. col
ton Dec T. 1864, No. 800 This decision was rem
ered in case 10 which the act OF le6i did not apply
the capture there considered having been made prior to
tie passage Of that statute refer 70 II ioI me pui
nose of Showing that certain eases Of purely naval cap
ture must pursue the indicated IN the statute LOT
the collection OF abandoned and captured property
have said that property taken by any nlAary
person in the insurTectOaary territory denOmlnete1
as captured; but the 9th Section Of the act of 1868
would seem afx that character TO cotton, sugar,
rice and tobacco" rsoeired ty any United States officer
or soldier within insurrectOnary districts The sec
ton provides that shall be the duty e; officer OF
private soldier, who may take or Teoe're aoahoohed
property ANY cotton. sugar, rice or tobacco from
persons in iIsurIectOnary districts, or have such
property under his control 20 turn the same
over TO an agent Of the Treasury Depart.
meDt; and 1t further provides that the refusal
or neglect TO do so shal subject such an oheer OF
soldier TO trial and punishment. Q2 Stat at Large,
e2l(
Property of the foregoing character thus turned
"A Treasury Agent, ana IN mat nblDcf TtCftftd
him. be dealt with as the % section OF the act
uroydes: that II must be sold and is proceeds paid
into the Treasury, there to await the acton OF the
Court OF Claims. when duly invoked.
Thus il appears that all cotton received BY. or that
NAV have under the control Of any military officer
or soldier whether IL actually seized or captured
by him or not, must be dealt with as abandoned or
cultured property" may have occasion hereafter 10
comment upon the effect Of this provision.
The statute it may be said. thus afh1es 10 all cotton
as well as all the other articles above stated that may
be under control of military or naval officer IN the
insurrectionary districts the de character OF cap
fued" property and when such property is received by
Treasury Officer appointed TO execute the provisions
Of the acts Of 1868 and lG4 II becomes may be said
de aeto. captured property and must DO GlsDOsed Of
accordingly.
am OF opinion therefore that the cotton found
by army Savannah taken possession OF there by
tie military authorities aud received from them by
the agents Of the Treasury Department Is and should
be regarded as de aeo aud dc ars captured property
under the statutes Of 1868 aud 1864.
The second question which You propose is, whether,
property be Of the character that Of opinion
the power with the Secretary of the Treasury
OF the President 10 appoint Commission To examine
the claims and restore 10 loyal claimants the proceeds
Of much of the properly question they show
10 have been legally theirs
sm Of opinion that neither the President nor any
other Executive Officer restore authorize such
Commission suggest. 10 make restoration OF the
proceeds Of their captured property 70 these loyal claim
Congress by the legislation under consideration,
has reserved ~ itself the power OF finally dsposng Of
the claims Of the alleged owners Of this property and
90 long that legislation exists, the claimants must
pursue the remedy which il indicates for the establish
mept and enforcement Of their rights. BY the Consti
tntion Congress has exclusive power make rules
esrninS captures land and rater The present egis.
lation apprehend is clearly exercise Of that power
This general and comprehensive sovereign preroga.
tive Under other systems OF government the authority
10 make such rules be- exercised BY the political de-
psrtment But in this country the Legislative Depart.
ment of the Government possesses exclusive authority