Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-07-01
A CASE OF COTTON SPECULA-
!: -:l--I.f4 TON. 100 -
GRANT the Father and Grent rhe Son

e .7 From the ciaeinnaEi Enquirer. -,
We reproduce the proceedings, Of very
important court case, "a published at the
time in our city papers, and which created
much talk. IL was the, case Of Jesse r.
Grant THE father of General Hiram Uys-
ses CANT, who sued the Mack Brothers
on contract entered into between the
parties, December, 1862. The contract
stipulated that the plaintiff was TO procure
at the headquarters Of General Grant then
al Oxford, Miss a permit to purchase
cotton, secure its transportation, and such
other facilities as might be consistent Eith
the usages and interests Of the army. The
defendants were TO furnish the capital, and,
Of the net profits of the enterprise, the
plaintiffs share was to be one-fonrih. The
plaintiff avefred that upward of forty
thousand dollars resulted to the defendants
from his (fhe plaintif's) services under
the contF&ct. ei1- $500 -.
"a Was it in view Of this arrangement be-
tween Jesse r. Grant and the Mack
Brothers, and in order that it might be as
profitable. 70 the parties as possible, that
General Grant issued his inhuman order
Of December IL, 1862, requiring ali Jews
to be expelled from his department THAT Of
TENNESSEE within twenty-four hours from
the receipt of that order by. post CON-
mander? And did Jesse R. Grant com
ply with the regulations OF trade established
by the Treasury Department, before his son
issued 10 him trade permit? And was he
furnished at the public expense with trans
portation and other facilities to get cotton
svxfs L.. D
These questions might have found So
luton had the case not been compromised.
The plaintiff took few dollars and dis
missed the case. It's Developments pro-
missed TO be an ugly affair, and not very
creditable to the Commander of the De-
partment Of the Tennessee. 1t was, there
fore, prudeatly taken out of court. The
following is lhe case as reported and pub
lished in the city papers May II, 1864
$50 s-ia SUPERIOR COURT.
General Term-Jesse r. Grant Is. Mack
Brothers. Judge Hoadley delivered the
opinion. d'he case was 4eserved from spe-
cial term on demurrer to the petition. The
action was instituted for the settlement Of
parlnership account. MOON G.''A
"The plaintiff AYERS that in December,
1862, be entered into a partnership with
defendants for the purchase of cotton in
the military department of U. s. Grant
the condition of said agreement that the
defendants were to furnish the capital and
the men to purchase and ship the cotton,
and the plaintiff to procure at the head
quarters Of General Grant a permit to pur-
chase it, secure transportation, and such
other facilities as might be consistent with
the ussges aud interests Of the army. The
plaintiff was to receive one-fourth share Of
the net profits Of sales, after deducting
from gross sales the necessary expenses.
The petition further states that there was a
realized profit in the defendants favor of
not less than SAC, 900, and that they refuse
to render any account, or pay the plaintiff
his proportion.
'1he defendants claim that the plaintiff
contributed, by his own showing, neither
capital nor lawful service to the copartner-
ship, and their agreement to pay him a
share of the profits is, therefore, without
sufficient consideration. r-Tf. ralTH
The court cannot presume that the
plaintiff intended to allege that he under
took that which was prohibited by Law.
His acts and promises may have been
illegal, and the partnership for forbidden
but in the absence Of an answer
50 ayerring, the court cannot assume it,
unless the averments are Inconsistent with
any other theory.
1.-THE purchase Of cotton in the military
department commanded by General Grant
was illegal, unless carried on by permission
Of the President, obtained through the
Treasury Department. ... ....
The plaintiff AYERS that he was to 60 10
the headquarters of Gen. Grant and pro-
cure permit TO purchase cotton. Whether
this was expected to be obtained from the
General himself, from some member of his
staff, or Treasury Agent at headquarters,
is not stated. Whether the plaintiff was
10 procure it as personal favor, or by the
use Of personal influence, or in the ordinary
mode of business, is not shown. The court
could not presume he was to get his per-
NIT from an officer not authorized to give
it, or that he was TO procure il as the re-
ward OF personal, political or other illegiti-
mate influence. They must rather infer
that he proposed to solicit and procure a
permit in the ordinary and proper way,
from Treasury Agent having authority
10 issue it. f-E Is-a
again. 1t is ayerred that plaintiff was
10 and did secure transportation. This may
have been done by procuring from some
,9uartermaster or otheer officer controlling
L, the improper and illegal use of govern
ment horses and wagons, or steamboats, or
he may have hired horses and wagons from
he people Of the country, and secured
steamboat transportation in the usual way.
The mere fact that he was to secure trans
Dortation at the headquarters of General
Grant is not decisive.
The other item of service, the procuring
If such other facilities as might be con-
'istent with the usages and interests of the
lrmy,' is open to the same double reading.
These facilities, whatever they were, may
have been procured by honest or dishonest
influence.
For these reasons, the defense suggested
must be presented by answer. The theory
hat the employment of the plaintiff was to
procure the illegal cooperation Of the mill
larry in private enterprise must be alleged
BY sworn answer. II true, il was equally
tisgraeeful 10 the defendants and the plain
Lih, and il proven, would insure the dis
misssl of the petition with reprobation to
The two parties, upon the principle, among
others, an pdri deiieto, potion est pOHditio de-
ientis" Demurrer Oyerruled and leave to
Judge Storer agreed with the other
Of the court on the question of the
pleadings, and felt constrained 10 say that
he whole Of the trade, as disclosed in this
was not only disgraceful, but
ENDS directly 20 disgrace the country. 1t
Is the price of blood"
The RAINs.-The rains Of Friday,