New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-11-04
A GREAT COTTON CASE.
Five Claimants for 935 Bales in
the United States Circuit Court.
Inside View of Cotton Operations in
the Department Of the Gulf.


Admiralty Court OF the United States, tried at its last
session. held at Springfield. Illinois, in September,
1865 for the recovery OF 935 bales of cotton captured
on the Washita River by Aotilla of gunboats de-
tached from Commodore Porters last Red River Expe'
dtion, and commanded by Capt. Foster-Judges Treat
and Davis presiding;
The importance of this suit arises not much from
The value of the cotton in controversy and the military
naval and civil influence Of the different pefhonages
figuring in il principals or witnesses, Dut rom ne
historical evidence brought TO bear IN connection with
the various claimants and that the rulings OF the Court
and the principles of law presented by counsel III ne
elaborate arguments must exert great influence III Tue
rendition of future decisions ia somewhat similar cases
now before this and other courts IN the uned States
for adjudication, and that the United states uovvtn
uont NAV be drawn nv those decisions into an lmpnct
Acknowledgment of the existence OF the Confederate
Government and be held responsible for It's haDtics'
The evidence is all in the form OF printed dispositions
and official papers, and although very amusing anu oi
much value when taken in connection with similar suits
TO LAWYERS statesmen, and politicians is yet OF 700
voumuous a character for publication III our daiiy
journals. r. .
/ Gems. Banks and Butler Commodore Porter. Capt.
Foster jules lie More (who was the cause OF Butlers
removal tie claAants and host Of feGerai ana ooh,
federate witnesses have been brought into Court ana
called TO prove or disprOve title or oyaItl' ahu
nothing appears To have been left undone by the law
yes that could i'll any manner contribute to the success
of their respective clients the delea Oi the Opposing
claimants. 4.
Impartiaity will Justify us in stating that some OF
those claims exhibit features OF lmIldthcc unphlti
in the annals of litigation in this country should tne!
be sustained, and the cotton aWaIdedto them IL nhy
be taken for granted that any claim against the Coy
eminent coming from the RoDelous States II IL Is obF
backed up by presumption and aihdayits, has every
reasonable chance of being allowed. regardless OF re-
beion dsoyalty, violation of neutrality or The Vloa'
tion Of the laws Of nations or our domestic laws.
The history Of this cotton appears TO be that planter
named simmons received $50 bales, and sold y IN ine
Winter Of 1902 to the Confederate Government through
their cotton agent Mckee.
| The widow ind heirs Of Tatum were partners 81
Simmons and by their instructions he took bonds for
this cotton TO the amount OF SO OOO and with these
bond, purchased the Tatum interest IN the plantation
On this sale Of cotton. and taking OF the Confederate
bonds in payment under instructions from the Iaems,
the United States claim the cotton being contraband,
the effort being to make u appear by this transaction
that simmons was dislOynL
| Mckee, the Confederate Cotton Agent for Western
Louisiana received from Simmons the regular cotton
receipts which according 10 the custom Of the coun
try are transferable the planters storing the cotton
time and only delivering II 10 the holders OF
those receipts Tie cotton remained on the plantation
until the Spring OF lrb, when II was hauled 10 thr
back Of the river by order OF jules lie More agent Tor
the house OF lie More & Co., HAVE, France; Capt
Foster found it the bank OF the uyer gubblei u
NJ" put IL the ggnboats and took u u Cairo where
ii condemned cad sold. and the proceeds OF thr
sale deposited IN the hands oi the Court and clarauts
respectfully Invited to forward aud Eight for H.
On this invitation the cotton. which was almost worth
less the banks OF the Washa. having BY the kind
ness Of Uncle Samuel" In transporting II to sale
place and glorious market increased IFS vage several
hundred thousand dollars. was immediately claimed D,
R,a. The United States claim It a. contraband Il
war. # having been sold to the Confederate Govern.
ment by simmoas who is claimed TO be notorious
Seccssionist 49,,
| Second. The gunbos,s engaged IN the expedition
| commanded by Commodore Porter.
| TAird. Waterbury and Doyle the captains OF two
steamboats, aud citizens Of Cincinnati md New
Orleans claim TOT services rendered the Co"Jedos's
O1rerHnfni In transporting arms "innlniton troops.
md material generally on their boats ana hAuihg
! cotton from Red River 20 TIE Sabine.
Fourth; Greif Zunz or the state Bank OF L9aisi'
ana claiming under license ifon Gen bLtlot as ali,'
tary Commander Of the department OF the Gun
authorizing the agent of the bank 10 go inside toe Con
Tolerate lines and invest IN cotton sl.VJ1VC OF Con
edera,e notes which the Bank OF Louisiana had been
compiled to exchange Tor go0d money "heh the 'oh'
frderstes had control Of New Orleans.
| TG5; G.. A. 10 More Z Go. Of Havre, France, the
firm being &. 4. lie Norc and bis slater " Le9ntne,
Ginning noutrals through theH prO'Her anu ukch'
| jules" IL New Orleans. -
| MAY be said thar this was quadranguar fight
the Government and the guuboats forming one slue;
Withei bury & DOYLE taking the second, the Bank of
Louisiana the third and lie More Co. closing up ana
forming the fourth.
The personal claimants bad fortified their adverse
evidence Of disoyaiy. breach Of neutrality trading
with the Confceratcs defective sales and deliveries so
comp etey thst the Government claimants Hsuhtalheu
have sufficient proof from these sources alone without
calling 10 their assistance any Of the dispositions takeh
for their individual benefit Had they not been claim
ants bat merely stockholders. sufficient proc! OF
damaging character was mace 10y ench % .hc u',,i
three sides of quadrangle 10 fully justify the WIN
holding OF the payments TO any one oi them II awarded
| BY The Court.
for the District Of Western Louisiana, being avery
prominent character figuring In those claims. his Rebel
rcminisco part Of the case ana go 10 shO"
how many hairbreadh escapes from shooting or hang
ing AN enterprisng man may have and yet survive and
tell his story with good grace ana thal unu'r
oath He was appointed In 1862 by commission from
Richmond TO pack beef at Shreveport on Red RIVER
That completed, Memminger appointed him cotton
agent for tie purchase Of cotton for the Treasury De
partneDt Of the Coniederates he purchasing large
quantity and paying for 1t In bonds or Confederate
money. 80
In September 1868 when absent In Texas on Official
business Stephenson agent Of the Bank of Louisiana
presented an imperative order from Gen. Kirby smith
10 his chief clerk for all the planters cotton receipts IN
his office. The clerk gave all excepting 2O Dnies the
receipts for which Mckee had withdrawn from the
package as he holding them for another purpose.
Without being removed from his official but now nom.
ina position Of Treasury cotton agent-for saith had
taken the cotton business into his military clutches
Mckee WINS arrested, charges preferred by kifbJ
Smith tried by court martial and sentenced 10 be snot
but was rescued from execution by the Supreme Court
Of louisiana on writ OF bGbeas corpus ana was aus
charged Immediately coEscripted. banded on 10 the
field and wound up bis Confederate services by desert
| ing 20 the Union lines. -, ~,
-Four Of the parties claim 935 bales basing their title
| on purchase made Of Simmons and payments MADE by
| Mckee during his official aud nominal administration,
and one the lie Mores claim, under misrepresentation
made by the vendor Of $50 bales.
ON the part Of the United States the claim Tor pine
award as conraband Of based on acts OF Con
gress which make cotton the property OF dsloya citi
Gems contrabend and liable to cOniiscation. simmons,
although not in court a claimant, was charged WIN
disloyaly Of the most intense yrnence his sale 10 Nc
Kee ana the taking Of Confederate bonds and the evil
dence Of witnesses being brought TO bear for the pur
pose Of sustaining that position.
| The guDbOats take substantially the same ground
az to cOntrabynd and dsloyaty as the Gov
eminent. but present mass OF authorities
relative to prize captures, not one OF which
has any bearing this particular case they being all
decisions made during the late war with Great Britn
In relation prizes captured by some OF our own pri
yaeers on the high seas. from parties who were our
own citizens, truly loyal. and residents OF the united