Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-03
COTTON SEIZURES AND THE TREAS.
ERY DEPARTMENT..

From the \. Y. World.l
1 Under the act of Congress authorizing
seizures Of abandoned and captured" pro
| pertv. the United States Treasury agents
| have, during and since the war, been Selling
large quantities Of all kinds of property, bu
especially Of cotton. Northern men, and
other parties not living at the South, own OF
are interested in mach Of this cotton. II
becomes a matter of general interest tc
know on what legal footing these seizures by
| Treasury agents rest.
There were grave doubts at the time Of
| the passage of the act, on the part of many
persons of some respectability, both as to
its legality and its expediency. The act
seemed to most men to be limited in its ac-
ton to the period of actual hostilities But
hostilities have long since ceased. Not,
however, cotton seizures. A kind of klepto-
mania has come over the Treasury officials.
We do not attribute to them moral guilt
greater than that of many other men. But
twisted They are in an abnormal condi-
ton. There are some points they can give
up, but their e0tt0iiss stealing they must have.
One of these cotton cases has been recently
submitted to Mr. Charles 0Connor. with a
request for his opinion on the legality of the
seizure. And Mr.. 0Connor has given an
opinion. to the effect that the seizure was
wholly unwarrantable, and that there is no
authority in law for the disposition intend
ed to be made of the property. Mr.. O'Con-
nors opinion shows the same clearness and
force which always distinguish the produc-
tons of that gentleman, acknowledged on
all hands te be taeiLe prineeps of the New
York bar. -Alr. James I. Brady has signi-
fed, over his name, his agreement with Mr..
OConnoPs conclusions and arguments; and
Judge Pierrepont and Mr.. William NJ
Evarts, lawyers of acknowledged ability,
widely differing from Mr.. 0Conor in politi-
cal views, agree with him in his argument
and its conclusions.
The statute provides that it shall be law
full for the agents appointed by the Trea-
sury for the purpose "to receive aud col
lect all abandoned or captured property"
The term captured property" already had
its meaning, and received no new one.
The term abandoned property" was a
new term, and the thing covered by it was
new thing. And Congress provided that
property should be regarded as abandoned"
when the lawful owner thereof should be
voluntarily absent therefrom, and engaged
either in arms or otherwise, in aiding or
encouraging the rebellion"
These Treasury agent acts provided that
the property referred to might be received or
collected by the agents, and appropriated
=" to public use on due appraisement, or for
"warded" to a place for sale. The sales
were to be at public auction, and the pro-
ceeds paid into the United States Treasury
After all expenses of seizure and subsequent
charges are paid from those proceeds the
balance may possibly, at some distant time,
reach the hands of the lawful owner.
The laws passed by Congress on the sub
ject Of these seizures were, in their nature,
temporary, and operative only until the sup
preston of the rebellion. As has been al
ready stated, the statute provides that pro-
perty shall be regarded as abandoned
when the lawful owner thereof shall be vol
UNFAIRLY absent therefrom, and engaged,
either in arms or otherwise, in aiding or en-
couraging the rebellion. 1t will puzzle most
men to understand how the owner of pro-
perty can be engaged in aiding or encour-
aging the rebellion after it is at an end.
Though the statute itself mentions no point
of time when these seizures are to cease, it is
plain they are not to last forever. And no
other limitation can be possible than that
already stated-the end of the war; of actual
hostilities.
These cases cannot be deemed cases of
captured" property, for captures can be
made only during actual war by the naval
and military forces of the United States.
not by Treasury agents in the time of peace.
Moreover, one of the acts provides for APP
plications to the Court of claims for relief
against wrongs done by the seizures. But
these applications are to be presented only
within two years after the suppression of
the rebellion" Plainly no acts to be reliev-
ed against are to be committed after that
suppression.
Through the entire course OF his argument,
Mr.. O'Connor bases his opinion on the con-
struction of the statute. If he were sitting
on the bench he would probably decide that
the statute itself had no validity. And
most good lawyers would probably agree
with him.
All OF these statutes we presume were, by
the Congressman Of the period, saddled on
the back of that poor scapegoat, "War Pow
ers." The idea seems to have been that
once granting that the men in arms against
the government were alien enemies, you also
deprived them of all right to hold their own
But on all sound principles of
the laws of war, as laid down by the best
the property of citizens and of
alien enemies, as far as "War Powers" are |
stand in precisely the same posi-
ton, equally good and equally bad.
Property on land can be seized and used |
in any manner, when it is necessary for ac-
tual war operations of armies or naval forces,
and not otherwise; and this whether belong
ing to friend or foe And the law is thu same |
in both cases. Property on land of alien en-
emies is protected in the same manner and
to the same extent as that Of citizens. No |
case coming under "War Powers" can exist
after the war Is ended.
The reasonings in support of all these
Treasury agent proceedings would not COM
mand an instants consideration were it not
hat they are urged by men in high places.
Mr.. 0'Connor in his opinion has carefully
confined himself to a course of reasoning
which he might safely use before men
illed with the prejudices of rabid Repubh-
,anism. Even Charles Sumner, if he were
Judge, would be compelled to heed them.
Mr.. 0Connor gives an opinion which he
kinks can be successfully maintained before
present judges. Were he a judge himself,
he would probably decline to hear counsel
IN either side