The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-08-08
CAPTURED Pronerty.

Captured Property.
We print below the opinion of the
Acknowledgement of the United States
relative to the status of captured or
abandoned. rebel property taken into
military possession and transferred to
the agents of the United States Trea-
sury for sale. AS it involves very
large interests both North and South
it is important. Much of this pro-
perty, since it came into possession of
the United States, appears to have
been designed to pay off debts con-
tractcd before the war with Northern
merchants, many of whom now hold
assignments of claims ostensiblv for
that purpose. And there has been O
good deal of speculation in these
claims also, certain parties in the
North having purchased them at
very nominal figure. To all concerned,
the only recourse, according to the
Attorney-General, is the Court os
Claims:
ACKNOWLEDGEMENTS OFFICE,
July S, 1866.
Hon. Hugh AlcCu7och, .Ssc,.etu,y Of the
Treasury.
SIR: l have the honor to acknow
ladSe the receipt of your letter of the
18th ult., submitting for my opinion
the questions that have arisen in YOUR
department in the case Of the Sayan
nah cotton
The circumstances under which the
property in question came into the
possession of the Government are
stated III your letter substantially as
follows:
On the occupation of the city Of
Savannah, in December last, by the
United States forces, under Mai. Gen.
Sherman, some 80, 900 bales of cotton
were found stored there. This pro-
perty was seized and taken possession
Of by the military authorities, and by
them turned over to agents of the
Treasury Department as captured
property, pursuant to the provisions
OF the Acts of Congress of March 12.
1868, and July 2, 1864, 12 Stat. at
Large, $50; Ii id. 375.) After it was
thus received by the appropriate
agents, the property was forwarded to
New York, and there sold at auction
as provided by law. You state that a
number of claims for the proceeds of
the sales are now being presented to
your department, some of the claim
ants being residents Of Savannah, who
aver that they have been loyal to the
Government during the rebellion;
others being subjects of foreign Go
yernments resident in Savannah. or
abroad, averring that they were neu-
tral during the late conflict; others,
again, being Northern merchants,
stating that they came into possession
OF the cotton claimed by them in pay
ment OF, Or as security for, debts con
tracted prior to the rebellion: and
stu! others, claiming restitution of
their property, or its proceeds, on the.
ground that the cotton in question
was not capturable, or properly "cap-
tured property" and should not be
held and treated as such.
The first question arising on this
statcof facts that you submit is. whe-
ther the property to which reference
has been made, should or should not
be regarded as captured, under the
Acts of Congress of March y 1963
and July 9, 1864.
l do not perceive that either of the
statutes provides what property shall
be regarded as captured PROPERTY"
within the meaning of the law. A de-
inition of abandoned" property
however, is contained in the first sec.
ton of the Act Of 1864. That stat,,te