The south-western. [volume] (Shreveport, La.) 1852-1870, 1865-08-16

Important Decision By Atto=ney-Gsp gpeea.
The following important d. cision kp citing sp:ar-
cd Cotton haa been rendered ~ Attorney Gsnerai
Speed
4. FdRs1Y- GEsERALis O-F-cz,
/ July 9th, 1855.
Hoo Hagb Mccullough, Secretary Of the Treasure:
sIa-I lave the honor to acknowledge the receipt
Of your letter CT 18th uls., ssbmsing; my opinion
.he questions that have isen yolr department III
/ the case Of the "Saraauah cotton
The circumstances under which the proper in ones
aon came Rto the Possession Of the gorernment are
stated IN Four letter substantially follows;
On the occupation Of the city of Savannah, IN De
ceulber last by The United States forces uaaer Major
( Gen sheglhan, some thirty thousand $500
bales Of cotton Fe-oand stored there. Tni proper
~ seized and taken possession of by tile ntar,
authorities and by them turned oFer TO the agents
the treasury department Captured property" pur
saant TO the provisions of the acts OF congress
March y, 1853 and July ., Is t III Stat. at Large
! So Is id. S After itHas thus received hy IA,
appropriate agents, the property Was fora ardrd
New York, and there soEd at auction as pr0s4ed By
| Law.
Yon state tEata number OF claims for the proceeds
ef the safes are now being preens ed our eput
ment, some OF the clatnatts being tesdp MS oil ga
vanuah, Who aver that they have byeu losal to the
government during the rebellion; othrr} bring sab
ects OF foreign governments resident in Savauah or
a5read, "ycrrng thu they ueu raj dqI ing the
sohhieti oters, again, bi orthe rn merchants ct r
| ing that they came into possession OF the cotton
clancd By them in aEnent OF! or security Tor debts
CONTRACTED prior to the rbeot and stl utAers calu-
ng restitution of sher properly Or lis pr,ce eds on
the ground thnt The cotton question Vac not capta
aoie o. properly captured property, and should not
be he'd treat ted as SUCH
The FIRST question arising Oh this state OF fac that
You submit is whcthpg the property 10 v hch reference
| has been made shoalaor should De regarded as
captured tinder the acts OF cotgress Of March IL,
/ 1893. aud July 2, 1854. 2 ans n a. .slt#
90 not perceive that either Of The Statutes pro-
| VIdes what property shall be regarded as cuDtared
property within the meaning of the law A deGui-
ton OF Abandoned" property, however is contained
III the hrSt section OF the OF 1851 Tnat sta ute
provides that property real Pc rronal shal b
garded as abandoned when the Lawful! oSter shall be
voluntarily absent theretroaI and Engaged either III
arIns OF otherwise, III adsEg encouraging the re
beflon. 81 STAT. az LarEe.3 Bit | Hpprehend tha.
there need be difficulty dstrrt.tinlug, for Oar
present purposes what praperty is couDrabepded ny
the phrase captured prppe ~" as us4l IN e5e slab
ntes, tor tia prls9 IsGits sufficient c1uIlnatiu.
suppose that al! movable pFupcrty other tsn that
species desc bed ~ the progso Tie first section u
the Gct of 1868, actually a !sosIiley ssd and taken
81 lands By military officer soldier OF TIE Uaited
s;atas III State, any portion OF STATE, designated
as In nsurrection agai,s the Uaitsd STATES may b.
regarded az captured within meaning OF the
sat0.es Of 1863 aud 1854
do not Intend TO SAP nat ether property than
that aye thHs rndeasosed TO dtecrihe may be de-
nominated and treated ''ls caDtared property" uudcr
these statutes. II wo0d seem By the 7Gh seciion Of
the act Of 1854 that certain proper aized and taken
by naval fcTccs viz properly seizd by the navy
upon any OF the inland OF the United States
may be dealt with in the manner p ded b7 the laRs
under considerations (I3 Stat Lrrg, 8 7 Whuta-
er this SECTION takes a#ay the prjzr jurisdiction OF
courts in all cases Of seizure Of saIrbos4e property
7thr D. rl,sa ~, ,E+.,4 - "a
there by naval commissions dcaptur~ aid commits all
jurisdiction such TO the ecu Gains aud
to gress, niast reHain io d cal d termination -
But the supreme has Gently decided that %
yate property RcZ ID by force on 4nd bord,,r.
ing apou one Of the illaHd wa,es OF the ifstrret-
airy south, the su'ject OF prize jristtic ion
and was receivable by the ttetsuty agrEi.4 uLd abe
tutes OF 1873 wv. s. Is ~ ies Ut caitor Bee,
T. 1864. No "60) Tins decision. was rruder-d IN
case 70 which the Of 1864 did not ap.a. the cap.
tnre there eonsidrr'd huflHg been made prior to he
passHge OF that stature
refer to i for TIE purpose Of sIowiar that cartai4
cases Of purely naval etlu"e must pursue the course
indicated 10 the tor he coffee io VI d ndone
and captur pruear Y. have sud Chat property
seized or taken by anY MILITARY person III tie IN. rr.
rectt0rary trrFttuFFls dtuouIHaip aA lLircGn Dut
IN" sixth section Oi the OF s would s.cuI q
afix that character to COTTON, sug ice aud tob G
co. received by aBy lni 5latgs officer or settler
within insnrrecOaIy Districts The sec ION ro,il,r.
o
der who may TAX. or receive abandoned sUrtv Or
any coftoa, sugar rice tobacco Ii.Is ns sons In H.
surrpctonarY districts haze sac proper y u al,r hts
control the ortr to an agt OF tt, rr,
departments and further prt,re4 that rgtus Il ,r
neglect do shall Fuijec suri ali Office or - iii,
to trial and punishment. = Stat 1T Lafs., S-l
Property OF the ortgoi character Fhusl urAed OVER
TO treasury agent and IN that 81. ctIvel" Nv
him, nu be dealt with the second section OF tn
act provides thar il tmust he scd, aud its proceeds
p i'd ito the treasury there aWaittEe acoIi OF tee
court of claims, When duly invoked
Thus it appears that all 90 ton received hr or tlat
may have cotne under the con rOof illtarY on
Ger or soldier, whether i nc uaifs ssiz. or c,.
tured by him or not, must b. d,lJ sth -. audut
ed or captured property. may have oce .aion he.-
after 10 comment upon the eEect OF TINS provision
The statute, ii may Be said, ta- aitxcs,o III cotton
as I'll all the othsF articles abb stated t,a ma,
De under the control OF Hnlit rs utva officer in
the insarrcctontFy DISTRICTS the de j1sie ,arauer OF
'captufed' propcrts, snd wnen properly il re-
'eived by treasury eff appolard TO ex4 eat4 the
provisions Of the acts Of 1868 aud II il becomes,
rnay be said, ac 7acto pLured' prupe. ~ AID must
disl oscd d accordingly
am Of opinion, th relore that the cotton fuurdh7
ur nv IL Stsauaah, taken possession OF there hy
military suiho les and received from Them by the
gems Of the treasury department is and SHOULD be
egardad as ~ tacso ard a. jure captured" propert,,
nder the statutesof % 4n,i Is 4. II
Tue second question tlic' yoH PROFOUND is yhefhrr, I
this property lie OF the charact ! am opinion il !
the power rests with the secretary ol the treasury
; the president to appoint commission n xanfne
sc eig.ls, and 70 restore to lloyd q imans th pro
eds OF 70 nueh Of the property question they
ln show 10 a. ve been legally theirs
am of opiniog thar naltier the president any u
Tier executive oitc.r store autaurz snth I
'nmisAiqn Nou sagg. S. - lnake restoration q she
-oeeeda Of ieir cdptorra afoperty 70 these s'7a 4
ftat,areos lr,tl,a consideration has =