The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-05-03
LATEST By TELEGRAPH.
Lynch Law in the West.
A Long Chapter of 0utrages.
Abandoned Property in the South.
a Highly Important Decision.
ETC., Etc., Etc.. ETC., Etc.
FROM WASHINGTON.
Important Supreme Court Decision.
lfag10fnA IN the aao-faled Preaa

Despatch TO the Associated Press.
WASHINGTON, May 3.-The Supreme Court
of the United States has decided the case of the
United States against Edward Padelford, ap-
peal from the Court of Claims. The appeal
brought before the court claim under the Cap
tured and Abandoned Property act of March 10,
1868, for half the proceeds paid into the Trea-
sury of the United States of twelve hundred and
ninety-three bales of cotton, captured at
Savannah, turned over to a Treasury agent, and
sold under that act. The Court says in con-
clusion:-
1t follows that at the time of the seizure of
the petitioners property he was purged of what
ever offense against the laws of the United
States he had committed by the acts mentioned
in the findings, and relieved from any penalty
which he might have incurred. 1t follows fur
ther, that if the property had been seized before
the oath was taken, the faith of the Government
was pledged to its restoration upon the taking
of the oath in good faith.
We cannot doubt that the petitioners right to
the property in question at the time of the
seizure was perfect, except against the acts of
the military commanders, and that it is made
absolutely perfect by pardon, notwithstanding
the seizure. But it has been suggested that the
property was captured in fact if not lawfully,
and that the proceeds having been paid into the
Treasury of the United States the petitioner is
without remedy in the Court of Claims, unless
proof is made that he gave no aid or comfort to
we do not think it sound. The sufficient answer
to it is that after the pardon offense connected
with the Rebellion can be imputed to him.
If, in other respects, the petitioner made the
proof which under the act entitled him to a
decree for the proceeds of his property, the law
makes the proof of pardon a complete substi-
tute for proof that he gave no aid or comfort to
the Rebellion. different construction would,
as it seems to us, defeat the manifest intent of
the proclamation and of the act of Congress
which authorized it. Under the proclamation
and the act, the Government became a trustee,
holding the proceeds of the petitioners property
for his benefit; and having been fullv reimbursed
for all expenses incurred in that character loses
nothing by the Judgment which simply awards
TO the petitioner what is his own.
These views require the affirmance of the
judgment of the Court of Claims, and it is ac-
cordingly affirmed.
Naval Orders.
Special Despatch to The Eoening Telegraph.
WASHINGTON, May 3. Commodore Henry
Wake has transferred the command of the
naval station of Mound City, Illinois, Temporal
rily, to the senior line officer present. until the
arrival of Commodore William Smith, ordered
there to command.
The leave of absence of Passed Assistant
Paymaster Francis j. Painter, now in Europe,
has been extended six months by Secretary
Robeson.
The Secretary of the Navy has revoked the
order dismissing Boatswain Herman Peters, late
of the Iroquois.
The President to-day nominated Ensign
Jerome K. Morse to be master in the navy, to
rank next after Master B. f. Tilley.
A marine general court-martial has been
ordered to convene at the Washington Navy
Yard on the 9th inst, to be composed of the
following members: Major A. j. Nicholson,
Captain and Brevet Lieutenant Colonel Charles
Haywood, Captain and Brevet Major George
Dufter, LIST Lieutenant and Brevet Captain Will
lace, I'd Lieutenant B. Reeves Russell, and 1st
Lieutenant w. B. Renney, Judge Advocate.
The Time for Adiourning Congress.
The House, by twenty majority, passed the
resolution to-day to adjourn on the 4th of July.
This is not expected to pass the Senate and
many members voted for it merely to hurry up
business. The general opinion is that an ad-
journment win be had about the first of August