The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1865-11-15
PRIZES OF WAR,
Interesting Decision in Admiralty
in Illinois.

Auto4oSbuS OooASAuA III Au4Ald4ty
in Illinois.
Principles Affirmed i'm Regard
to Captured Cotton. 81
Correspondence of the New York 7imes.]
SPRINGFIELD III, Oct, 1884 prize
suit of considerable interest was tried in
the Admiralty Court of the United States
at this place; in September, Judges Davis
end Trent presiding. It was suit for the
recovery of 935 bales tof cotton captured
by a detachment of gunboats from Commo-
dore Porter's Red River expedition, and
commanded by Capt. Foster.
The importance Of the this suit arises
not so much from the value of the cotton
in controversy, and the military, naval and
civil influence Of the claimants and witnes.
ses appearing in the cont but from the
fact, that the rulings Of the court, and the
principles Of International and domestic law
presented by counsel in their elaborate az
guments, must influence decisions in some
what similar cases now before this and other
courts of the United States for adjudica-
ton.
There are no less than FIVE different clai.
mants for this cotton:
|. The United States claiming as prize OF
war, cotton being declared conhaband by
act Of Congress. :.
2. The gupboats, as captors, claim half
as prize of war, under same act, and the
prize laws Of nations.
3. Whitenbury and Doyle, for services
rendered to Confederate Government in
transporting on their steamboats, and other
wise, rebel soldiers, arms, clothing, provis'
ions, etc.-claim as loyal citizens.
4. State Bank of Louisiana or Grief 4
cunts, claim as having purchased under per.
nit rom Gen. Butler.
Sc. A. lie More & Co., Haryre France
(as neutrals) through their agents, Ju.c3 lie
More of New Orleans, having purchased
with greenbacks.
The history Of the cotton appears to be,
by the evidence, that planter named Sun
mons raised it on the Washita River, La,
and sold it to Mckee, cotton agent for tue
Treasury Department of the Confederate
Government for bonds. Simmons sold the
cotton for these bonds; parties to whom be
had to make payment of $4,000 In struc'
ting him to do so, they Immediately receiv'
ing the bonds and discharsing his liabili'
ties. He gave the cotton receipts-such as
are usually given by planters-to Mckee
agreeing to store and look after it until
called for by those receipts
On this sale of Simmons to the Confed
crate cotton agent, the United States bases
,,her charges of disloyalty, and the contra
band character of the Simmons cotton
which is the foundation Of her claim to it
as prize of war, and asks for condemnation
The gunboats take similar grounds, with
some additional rights claimed under the
rules, usages and laws of maritime warfare
When the rebellion broke out Captain
Whitenbury was inside Of the Confederate
lines. commanding the steamboat Homer
and Capt. Doyle commanding the Vigo
Neither Of them, as they alege, being Al
any time allowed to take their boats out 0
the jurisdiction of the CoDfederacy, but wer'
impressed into the Confederate service, ant
employed in transporting arms, ammunition
troops, clothing ETC., for the rebels, YER!
much against their inclinations.
When Gen. Banks made his first expedi
ton up Red River in 1863, they met hin
at Alexandria, and gave him much valua
bic information relative to the country ant
the feelings Of the people, and acting q
pilots, they having been engaged as boats
men for twenty years, and being intimatel,
acquainted.with the navigation Of Red Rive
and its connections. On the withdrawal
Banks fist expedition they !hal a larg
amount of cotton aud other property in th'
Coniederacy, and If they abandoned it q
that time all the hard earnings of a lifetime
would be lost. That by being allowed t
20 back they could collect all their proper
" and much valuable Information for TIL
Government, and asked for permits, whicl
were granted. In the meantime they los
their boats and became suspected charac
tiers. Andrew w. Mckee, the Cotton
Agent who was their friend, to save then
from CONSUMPTION gave them clerkships il
/ the Cotton Bureau Office, and subequentl,,
gave them contract Of hauling cotton iron
the Red River to the Sabine, bale for bale
Ia these various services they, accumulate
$500 bales Of cotton, which Mckee agree
to transfer to them, provided the Federal
would allow it to 60 TO New Orleans o.
government transports. Doyle went t
New Orleans and procured from Gen. Bank
: the required permit, returning to Alexau
dria with Banks last expedition, both W
and B. acting as pilots for Commodore Pc,
, ter and Gen. Banks; and finding, after tn
second failure, that it would not answer t
remain in the Confederacy, escaped leavin
everything In the hands Of the rebels, exceT
ting this 935 bales now in dispute, and
small lot of some 100 bales transported t
New Orleans on Government transport
), by order of Gen. Banks, Mckee having o.
fetal business in Texas, in August, l66;
Stephenson, agent for the Bank of Louisis
ma, presented to McKees clerk an orde
!, from General Kirby Smith for the surrer
der of all the cotton purchased by him a
agent for the Confederacy. Mckee ha
taken out of the package of cotton receipt
!, the Simmons notwithstanding to pa
. w. and D. with this cotton, and afterwar
made them q sale of this 935 bales and b
/. fore they could get it on the United State
}. transports the gunboats gobbled it up ar