The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-30
Cotton Seizures and the Treasury Agent
System.
From the World.

From, the World.
Under the act of Congress authorizing seizures
of abandoned and capturedn property, the
United States Treasury agents have, during
and since the war, been seizing large quantities
of all kinds of property, but especially of cot
ton. Northern men, and other parties not living
at the South, own or are interested in much of
this cotton. 1t becomes a matter of general
interest to 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 per-
sons OF some respectability, both as to its
legality and its expediency.. The act seemed to
most men 10 be limited in its action to the
period of actual hostilities. But hostilities
have long since ceased. Not, however, cotton
seizures. A kind of kleptomania has come
over the Treasury officials. We do not attri-
butte to them moral guilt greater than that of
many other men. But their moral and legal
senses have become twisted. They are in an
abnormal condition. There are some points
they can give up, but their cotton stealing they
must have.
One of these cotton cases has been recently
submitted to, Mr. Charles 0'CoIor with re-
quest tor his opinion on the legality of the
seizure. And Mr.. 0Conor has given an opinion
to the effect that the seizure was wholly unwar-
rantable, and that there is no authority in law
for the disposition intended to be made of the
property. Mr.. OConor's opinion shows the
same clearness and force which always dis
tinguish the productions of that gentleman,
acknowledged on all hands to be fdcHe p7'inceps
OF the New York bar. Mr.. James I. Brady has
signifed, over his name, his agreement with Mr..
OCOnors conclusions and arguments; and
Judge Pierrepont and MIR. William NJ. Evarts,
lawyers of acknowledged ability, widely differ
ing from Mr.. O'Conor in political views, agree
with hun in his argument and its conclusions.
The statute provides that it shall be lawful for
the agents appointed by the Treasury for the
purpose "to receive and collect 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 a new
thing. And Congress provided chat property
should be regarded ss abandoned" when the
lawful owner thereof should be voluntarily
absent therefrom, and engaged, either in arms
or otherwise, in aiding or encouraging the Re-
bellion.n
These Treasury agent acts provided that the
property referred to might be received or col.
lected by the agents, and appropriated to public
use on due appraisement, or forwarded" to a
place OF sale. The sales were to be at public
auction, and the proceeds paid into the United
States Treasury. After all expenses of seizure
and subsequent charges are paid from those pro-
ceeds the balance may possibly, at some distant
time, reach the hands of the lawful owner.
The laws passed by Congress on the subject OF
these seizures were, in their nature, temporary,
and operative only until the suppression Of the
Rebellion. As has been already stated, the
statute provides that property shall be regarded
as 'aOdnuOueu' Wnel lub lawful OWu6T lneI6Ol
shall be voluntarily absent therefrom, and en-
gagged, either in arms or otherwise, in aiding or
encouraging the Rebellion. 1t will puzzle most
men to understand how the owner Of property
| can be engaged in aiding or encouraging the
| Rebellion after 1t is at an end, Though the
| statute itself mentions no point of time wher
these seizures are to ceaseit 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 "cap
| tured" 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 time of peace.
Moreover, one of the acts provides for appli
cations to the Court of Claims for reliet agalns
wrongs done by these seizures. But these appli
cations are TO be presented only within tive
years latter the suppression OF the Rebellion
Plainly no acts to be relieved against are to b
committed after that suppression.