The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-19
COURT OF CLAIsIs.
Important Decision Of n Cotton Case,
WkSHyNcTnS Fob - Ia

WASHINGTON, Feb IL 1882
The Court OF Claims rendered decision on MON
day, OF which the following il a synopsis IN cotton
case--Henry Grossmcycrvs. The United states-whicn
forms the first opinion the court has yet delivered.
based the assumption that the war did not termi-
nate until August TO- 1905.
The claimant IN the case Is citizen Of the United
states and resides tn the city Of Washington In the
District Of Columbia. lie claims 20 have porue trua
allegiance to the government OF the United states
and AYERS that he has aided abetted or gwen
ENCOURAGEMENT 10 rebellion against the same. About
the first Of OCTOBER 1e6i, lie the owner OF forty
eight bales OF cotton stored In the CITY OF
In the State or Georgia, and upon tie surrender OF
that city TO the forces OF the United states this co,.
ton belonging 70 h.n was seized by the military,
turned over 70 the United states cotton agelt afli
BY him shipped to New fork and sold, ami the net
proceeds were paid into the treasury OF the United
states. lie prays "a Judgment under the tIrd soc.
ton OF the act Of March ~, 1862 for such net pro-
cecds.
the court IL OF opinion thar when person. rcgi-
ing IA loyal state, directed hts Debtor, living ia an
iusurrectonary state, 70 invest the amount due n
M cotton and Keep II for him till the rcpeBion should
be suppressed, and the debtor made the purchase IN
good faith and turned It over 20 anOtaer DO ei
Tor the Of the creditor, aud the cotton was
captured by the national forces AMI was sold and
the proceeds paid into the Treasury was neli
that sucn owner, on proof OF loyalty, a. required by
proceeds under the third section OF Of March l2
1888. vcuder OF cotton which, after the sale and
transfer, seized by the United states, not in
u "a
Tor The net proceeds under the fourth section act
Of June %, 1858. 10 render witness incompetent
under thai section he must De party record,
or must have interest In the event OF lion
CT the claim III suit must have Doen derived lr0a or
through him. The fact OF whether the rebellion was
suppressed and when it suppressed are fof
the determination OF the political Branches
or the government, AMI the juiIcary are
concluded ~ their action 10 tbs remises.
The President, by virtue OF the acts ul
Congress Of July, 1851, and June, 1852, had
the right to declare nom time TO time wha States
or parts OF States we're IN Instruction against the
United states. This power necessarily carried win
II the right decide and declare that the rebe L0n
had been suppressed In any state part OF "a .
where IL had before existed. The ires.ueut's 49,
claInaiion OF August 1853, was an antlorfatN" ac.
claration That the rebellion was then suppressed,
anu 1t H. 10 be SO regarded on and after lat Gay.
Tie recognition aud adoption of the time 50 de. x.
mated by the PRESIDENT In tie act VI tonA ross
approved March 2, 1857, gives 70 IL the furce ANA
sanction uf positive law aud makes IL binding and
conclusive on the courts All cams Tor tao pro.
cecds OF abandoned or captured property nust TO
preferred to the Court Oi claims within two Years
after August 20, 1866. or they Will TO barred by se
Limitation contained iu tae act OF March ~, 1905
majority or the court held that the rebellion was
suppressed on the 20tn ay OF August, ltU6 aud thus
snt having been preferred 10 To. court willin two
years from that date the claim not barred by tne
statute Of limitations. II IN ordered that she aiu,-
ant 90 nave ami rccover from the tinted states he
sum OF $500 90, Judges Peek and NoGt diss en,lng