New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-27
THE STEVENSON COTTON CASE.


The United States agt. Vernon IL. SteUenson.-
Before Nelson Limited States Circuit Court. South
ern Dlsrct-This is writ OF error to United States Dis
trlct Court of the Southern District OF NewYOrk The
suit Is an action OF brought by the United states
against Stevenson recover the value Of large quany
OF cotton which, 1t alleged belonged to the plaintiff
aud had been converted by the defendant to his own use
Tho cause was tried before jury and on the trial 1t a
pearcd that the defendant being resident dent snq
broke out, remained In the state, and TOOK part
T Fa the Of the Snsho snd
road and ran road In their services and that while
s hhs X with the Eno%edse aud consent OF
called Confederate States, from wilmington, n o. 10
II also appears that the Union army approached Tea
nessee aud Nashville he removed cotton mat ne nae
into the INTERIOR to prevent the same from being cap
tured by the forces Of United states There
IN the o R 6s United 's or
ever had any title to the same OF Gont tnas
states but the contrary tha; It %ss P pna
blockade and sold within the said States The Court DO
no case was made the part OF the plaintiff directed
o verdict for the defendant. The act OF July - 1901
section made It lawful for the President OF the United
States where a OF resurrection existed to declare u
by proclamation, and thereupon all commercial inter
by and between the and the citizens thereof
and the citizens Of the rest Of the United States, should
cease and be unlawful &c. aud the goods, &c. coming
from said state section into other parts OF the United
States, &C.. should be forfeited TO the same az
u. g., Il25) The act supplementary passed May
Secretary es1 u Of he Treasury the power upon salts
factory grounds Of belief that the goods &c are in
tended for place In the possession under the con-
troll Of the insurgents in all cases where he deem y
% U TO- seS to re aid or
to the insurgents and transportation In violation OF the
Of Aug g. 1861 db p 49, ~ provides that during the
insurrecton goods purchased sold with Intent to use
SurreGon sSa be subject OF prize and capture and il is
made the duty OF the President to cause the same 70 DO
seized and Gonlseaed Tne act OF nth Jny 1902 la 10
s9l sec O, makes the property OF persons engaged
IN the rebellion, who win not return TO their
ton of the President subject TO seizure, and it Is
made the duty OF the President to seize. DC
that of March 1883, section DID, 500, which author
ICES the appointment 0f agents collect captured and
these statutes or any provision In Them any bear
ing the facts disclosed the case or afford any
question sold and converted 20 hts own use by the
fendant belonged TO tho United States Certainly not
federate States belonged to the United States during the
There another branch Of this case that furnishes
as has turned out in proof, las utterly failed The
original information: as ~ called went on
converted the cotton 10 his use, and that the pro
ceeds disposed OF with intent to secrete the same
attachment against the property Of the defendant where
upon process Of attachment ssned and large amount
OF real and personal estate was attached, aud stu re-
mains under the said process. The affidavit upon which
this process Was issued Is remarkable when compaTeu
afiant states that no tile person who filed the In
formation against the defendant, whel was ON the 18th
December 1869 That 5000 bales OF the cotton, or there
abOuts being in tine States OF Georgia. Alabama and Ten
nessec, the property OF tho Confederate States
tho defendant took possession OF It, and that In the
Summer OF 1855 he transported the TO the City OF
kewYork. within the Southern District OF the same, TO
be sold and disposed OF at this city and converted the
cotton into money, the proceeds OF which amounting TO
100000 Whereabouts the defendant received and has
converted the into real personal estate In the
CITY, thatthe cotton was brought into the State OF New
York from the nsurreconary states Ia violation Of the
proclamation oi the President OF the 10th Of August lsC
and OF the acts Of Congress referring TO them,
and that 1t was the property OF the United
States II was upon this affidavit that the process Of
attacm6ht lssh1d, and seems 70 have heen IN some
way regarded sezute hot OF tho cotton but OF tie
real ana personal estate OF tho defendant substitute
for the same and yet the has been tried simple
action Oftrovor and conversion Ia persOnance. The
tried In the courts below and ruled by tho learned
Judge, Is very simple aud plain one and In every
pect In which it has been presented the testimony
lead 10 but one result aud that Is that the United
states showed no title To tho property or possession or
which waA Indispensable 10 maintain this action And as
IL shown that the affidavit which the process OF
attachment Issued wholly untrue and false, or mis-
TAKEN the process Of attachment must be set aside and
discharged Instead Of the cotton belonging 10 the Con-
stead Of being shipped TO NewYork In violation OF the
acts Of Congress II shipped from Confederate port
20 foreign country In violation Of the blockade Of the
port OF Wilmington but this fact could not change the
little OF the property work forfeiture OF tho same 10
tie United States unless seized prIZe OF war Tho
Judgment below affirmed and the process Of attachment
% aside and discharged