Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-11-21

District Of Illinois.
The United States rg eco bales Of cotton, etc: IS
bales and g sacks of cotton as bales and l3s
sacks OF cotton, and Loo bales OF cottoD-in
Withenbury d Doyle. claimants Of s55 bales OF
cried q zuuts, claimants Of gs5 bales OF cotton.
G. A. LeAiure G Go, claimants Of S5U bales Of
cotton.
BY THE COURT.
In April, eighteen hundred and sixty
four the United States Navy seized nine
hundred and ten bales of cotton on the
banks of the Ouachita river, in the State
Of louisiana. That part Of Louisiana
was then under rebel dominion, and had
been from the breaking out of the rebel
lion. The cotton was brought into this
district, and labeled a. prize Of war. Il
was sold under an interlocutOry decree,
and the proceeds deposited to the credit
Of the Court. There are three claimants
10 these proceeds: Withenbury 4 Doyle,
Grief & Hunts, and G. A. LeMoTe x Co.
These claims are now submitted to the
consideration Of the Court. The proofs
disclose this state Of facts:
1. The cotton was raised by Tatum
Simmons, near the place Of seizure, and
sold by them n The Government Of the
so-cailed Confederate States, in Deem
ber, eighteen hundred and sixty-tw0.
p Withenbury & Doyle, being citizens
Of Ohio, purchased the cotton from A.W
Mckee, on agent Of the Confederate
States, in January, eighteen hundred
and siXty-foUr. When the re-
belliOn commenced they were owners
and masters OF TWO steamboats,. running
between New Orleans and Upper Louis
sf-u-, h-n~a H1,nv- : !
services to the Confederate authorities
The cotton was sold 70 then Ia consider.
alton Of these services. They, however
insist that the services were rendered
under compulsion. They had the per.
mission Of the General Commanding the
United States forces il the department
Of the Gulf 10 pass through the United
SsaIss l.iges IUtO Upper Louisiana, anC
bring 10 New Orleans and sell two thous.
and tive hundred bales pf cotton
5. On ths capture of New Orleans by
( the United States forces, in May, eiRhteeT
hundred and siNty-two, the Louisiana
state Bank, a mOneyed corporation 10
Gated in that city, had on hand large
amount Of Confederate currency. In De
I cember. eighteen hundred and Sixty-two
the commander Of tbs United State.
forces in New Orleans, authorized the
bank 10 dispose Of this currency in the
purchase Of cotton within tha rebel lines
Under this permission, an agent Of tn,
/ hank passed through the United State.
. lines into upper Louisiana, and purchaseS
/ the cotton in question Of a sub-agent o
+ Mckee, in August, eighteen hundred anC
sixty-three, and in March, eighteen hun
dred and sixty-four the bank sold tht
cotton 10 Grief 4 Cunts.
4. Early in March, eighteen buudre,
/ and siXty-foar, Leon Queyrouse, natu
/ rallied citizen Of the United States, re
siding in New Orleans, purchased tn
I cotton Of Buckner, an agent Of the Con
4 federate States. and later III the mOntl
/ QuesTouse sGla the GoTtop 10 6. A. l.
I More & Co., citizens snd residents G
4 France.
Section five Of the act Of Congress Q
Z July thirteenth, eighteen hundred sn
4 siXty-Oll, among othEr things, provide
that IL may and shall be lawful for tn
7 President, by proclamation, to declar
/ that theinhabitants OF such State, or an,
+ section or part thereof, where such insuT
reeiiOn sKisIs, are IN q stats % ilsurTee
ton against the United States an
thereupOn all commercial intercourse b.
Z and between the same snd the citizen
thereof and the citizens Of the rest G
the United States shall cease and be an
lawnl 50 iOHg ~ such coalition Of hostil
ity shall continue,
The same section also contains thi
. proyiso: "That the President may, i
his disBretion, license and perait con
( mercial intercourse with any such pal
Of said State or section, the inhabitant
of which are 50 declared in q state Of IN
4 surreefiOn, ia such articles, and for sue
time, and BY such persons as he, 10 hi
discretion, may think most conducive
the public interest, and such intercoursi
50 far as by him licensed, shall be cor
Quoted and carried on in pursuance
rules and regulations prescribed by th
Secretary of the Treasury
Tn the sixteenth of August, eightee
hundred and siXty-One, the President i
sued proclamation, declaring - that ii
inhabitants Of the said States Of Ge0rgii
south Carolina, Virginia, North CaP0lini
tennessee, Alabama, louisiana, Texa
Arkansas, Mississippi and Florida, (e!
eePt ths inhabitants Of that part Of Il