, 1865-11-16
THD GREAT COTTON CASE.
DecIston OF Judge Treat IN Favor OF tho
T. rr-as~1 pt~ta~ =: -.

lid 0hkAT COIAoN GAon'
Dseiston OF Judge Treat In Favor Of the !.
United States. -: -
-, fFrm the Illinois Stats ResiEssr.l
The uDited states W. ESQ bales Of cotton, etc;
:: md 1Se eseks Of cotton, and I, ,ooo bales of
ts WltSenbu1y rEs 8 Doyle, claimants of es5 Bales
Of cotton.
Grief & Zunts, claimants Of 9s5 bales Of
cotton.
G. 4. Le More Il Co., claimants Of $50 bales
OF cotton.
Bf THB COURT.
In April, 1864, the United States nary
seized pto bales OF cotton, on the bank Of the
0uachita river, In the State of Louisiana.
That part Of Louisiana was then subjected to-
rebel dominion, and had been from the break
Ing out Of the rebellion, The cotton was
prize Of war. 1t was sold under an inter.
locutory decree, and the proceeds deposited
to the credit Of the court. There are three
claimants to these proceeds: Withenbury =
Doyle, Grief q Znnts, and G. A. 1e More &
Co. These claims arc now: submitted to the
close this state Of facts:
l. The cotton was raised By Tatum &
Simmons, near the place Of seizure, and sold
BY them TO tho government Of the socalled
Confederate States in December, 1862.
g. Withenbury q Doyle, being citizens Of
the State Of Ohio, purchased the cotton from
A. ". Mckee, an agent Of the Confederate
States, In January, 1864. When the rebellion
commenced, they we're owners and masters
oftwo steamboats,, running between New Or
leans und Upper Louisiana; with these boats
they rendered services to the Confederate
authorities. The cotton was sold to them
IN consideration OF these services. They,
however, insist that the services weTa
rendered under compulsion. They had the
permission Of the General commanding the
United States forces In the Department. Of
the Gull, to pass through the United States
lines into Upper Louisiana, aud bring to
New Orleans and sell 1850 bales Of cotton.
8: On the capture Of, New Orleans, BY the
United States forces, In May, 1862, the Lonisi-
ana State Bank, monied corporation located
In that city, had On hand large amount Of
Confederate currency. In December, 1862,
the commander Of The United States forces In
New Orleans, authorized the bank to dispose
Of tbs currency, IL the purchase Of cotton
sion, IN agent Of the bank passed through the
United States lines into Upper Louisiana and
purchased the cotton In question OF 4 sub-
agent Of Mckee, in August, 1868, and in
a,ra March, = 1@4, 9 the bank sold the cotton to
4. Early in March, 1864, Leon Queyrouse, d
naturnllzed citizen Of the United States, re-
siding in New Orleans, purchased the cotton
Of Bnclner, an agent of the Confederate
States, and later In that month Queyrouse sold
the cotton to g. A. Le More & Co., citizens
and residents Of France.
s. Of the act Of Congress Of July 18th, 1851,
among other things, provides that 1T may
and shall be lawful for the President, by pro-
c1amation, TO declare that the Inhabitants of
such State, or any section or part thereof,
where such insurrcCtton exists, nre in state
4r{ taL ct~An
thercupou all commercial intercourse by and
between the same and the citizens thereof and
the citizens Of the rest Of the United States
shnll cease and be unlawful SO long as such
condition OF hostility shall contiuue-n
Tue same section also contains this pro-
cretion, license and permit commercial inter
course with any such part Of said State or
section, the Inhabitants Of which are SO de-
clarcd In a state ofinsurrection, In such arti-
cles, and for such time, and by such persons,
as he, In his discretion, may think most con-
duelye to the public Interest, and such inter
course. 80 far as By him licensed, shall be
conducted and carried on in pursuance OF
rules and regulation, prescribed BY the seere.
We do not entertain donbt MS to the true
Intent and meaning Of the act Of July 18th.
1861: Indeed, the Language Is 60 clear and
between the loyal and insurrectionary parts
OF the Union during the existence Of the re-
bellion. except what may be licensed BY tho
President, and conducted under regulations
| to be prescribed by the Secretary Of the
! Treasury. It expressly declares all CONNER
be unlawful. Prohibition Is the rule, and
license the exception. The inhabitants Of tho
loyal and disloya1 districts are rendered In
capable of dealing with each other, 80 long az
the rebellion continues. Every contract be-
tween them not founded on license Is simply
void. It neither passes title nor gives right
! Of action.
| On the 18th Of August, 1851, the President
issued a proclamation, declaring ''that the
| Inhabitants Of the States Of Georgia, South
Carolina, Virginia, North Carolina, Tennessee,
| Alabama, Louisiana, Texas, Arkansas, Mlssis
! sippi and Florida, Except the inhabitants Of
that pa1t Of the State Of Virginia lying west
parts Of TINT State and the other States here
inbetore mentioned, Us may maintain q loyal
| adhesion to the Union and Constitution, OF
may be from time 10 time occupied and con-
| troiled by forces Of the United States engaged
| in the dlsperson Of said msurgents) are ID =
stnte Of fiosr1rection against the United States,
and that all commercial intercourse between
the same and the Inhabitants thereof. with the
| exceptions aforesaid, and the citizens of other
| States and other parts Of the United States Is
| uulax ful, and shall remain unlawful until such
insurrectton shall cease or has been sup
The act invests the President with the pow.
| er to put the prohibition into operation and
define the limlla Of insurgent territory. This
power was e1ecnted BY the proclamation Of
htbltion had all the force of positive Law.
It Is clear that the contract between Wit
tenbury md Doyle and the Confederate agent
was within the prohibition. 1t was an act Of
commercial Intercourse between citizens oi
Ohio and OF that part OF Louisiana In lnsur.
1ectiou, In violation alike Of the letter and
spirit Of the statute. The contract was,
therefore, null and void. The claimants ac~
quired no title to the cotton. The question
OF ownership remained unaffected by the
transaction between the parties They had
no legal capacity to trade with each other.
the power Of these claimants to acquire title
to this property, except through license
from the President.
1t Is equally clear that the Louisiana State
Bank was within the prohibition. 1t Is true
that the city Of New Orleans WIS originally
tusr and permanent occupation by the United
States forces, 1t fell within the last exception
in the Presidents proclamation, and ccased
to be In state Of hostility 10 the United
States. Such wns the ruling Of theTSuprcme
Court OF the United States In the case of the
| feuIEEp HuuASE, s.bo. Auu LNE kIC9IQc!ll,
in his proclamation Of March 3lst, 16G7, IL
again defining the limits Of the iusurrection,
expressly excepts New Orleans, And thi:
act of the President was prior in date to The
purchase by the bank. Il follows that after
The 9th OF May, 1869, the prohibition extend.
ed to the inhabitants Of New Orleans, and
they had no more Right to trade with Uppel
Louisiana than hnd the inhabitants Of Ohio o.
Illinois. Nor can the purchase OF the bgul
he suEtained under the permission Of the com
manding General. The President alone
could authorize commercial dealing EathiI
the Confederate lines. As the bank acquired
no title, 1t had none to transfer to Grfctf anG
cunts. The latter hare, therefore, no inter
est In the property in dispute
The case OF G. A. lie More 4 Co., ls Just a
free from doubt. Queyrouse, through WHOM
they chin, was clearly within the prohlbi
ton. He had no legal capacity to deal Will
the Confederate aren't. He acquired no It'll,
to the cotton, and consequently had none Il
transfer to Le More & Co. The fact that the,
wcrrcitizcns of France does not alter the case
II they had purchased directly from the Con
federate agent, perhaps they would hAvi
acquired title. But 1t Is useless to enter upol
J the discussion of that question. II is enougl
for all Of the purposes Of this case to say, tha
they received no title to the cotton for tn
reason that Queyrouse had none to tmpart.
All OF the claims must be dismissed.
RAILROADS II IOWA.
The Great LtueA In Progress aud Pro
feefed-TT1 NfleS Completed-Ffgure