Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-06-05

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doned property act limited tn,
time within which suits could b.
brought for the proceeds of such seizure
to August 20, 1865, being two years from
the date of the termination of the rebel
lion, IS fixed by the presidential proc
lamation of May 20, 1856. The suprem,
court has decided that the amnesty proc
lamation of December 25, 1868, relieved
all persons in the southern States from
obligation TO prove their loyalty in tht
court Of claims, and Haycraft, in filins
his claim of 1872, contended that il
consequence of said amnesty proclama.
ton and the decision Of the supreme
court, dislOyal cotton claimants like
himself had right to commence theil
suits at any time within six years aftel
date of the proclamation of December
25, 1868, under the general
statute of limitations, applicable
to suits brought in this court prior to
the issuance of said amnesty proclama-
ton, and that his cause of action ac-
crued at that date, although his proper
ty was taken in 1858. The attorney
general filed plea to the jurisdiction on
the ground that all suits for cotton were
required to be brought within two years
| limitation of captured and abandoned
property. The counsel for claimant de-
INJURED, and the court to-day overruled
the demurrer, and sustained the plea OF
| jurisdiction. The counsel for claimant
| then appealed to the supreme court. This
decision, if sustained by the supreme
court, will be bar, and exclude the eelaim
| against the government for the proceeds
of cotton to the amount Of about fifteen
million dollars. An important decision
was also rendered in the case of Walter
| d. Spratt, of Mississippi, to the effect
| that the claimants who purchased cot
| ton from the agents of the Confederate
! government, knowing at the time that
! the proceeds were TO be used in the pros
! ecutiOn Of the war against the federal
| government, acquired no title to their
/ purchases, and therefore have no right
! of action against the United States
for the subsequent capture and sale
of such cotton. This decision governs
and excludes claims to the amount of
about three millions of dollars. An ap-
peal was taken to the supreme court.
The court of claims made an order
referring what are known as the Vicks-
burg cotton cases, involving the pro-
ceeds of some nine thousand, bales to
Eben Evelith, of Washington city, as
special commissioner, to disentangle the
complicated questions of ofownership, ETC.,
and report at the next term, and then
adjourned until the third Monday of
next October.
our Distinguished Prisoners OF War.
WASHINGTON, June lit is said by
the highest military authorities that the
MOdocs could not surrender as prisoners
of war in the sense known to nations
where war is declared in accordance
with constituted forms. Not having
been so received they are not entitled to
consideration as prisoners of war. The
orders issued to the commanding gene
raj directly after the assassination of
General Candy and Rev. DR.. Thomas,
were not to exterminate the Modocs, but
it was said their conduct had been such
that their determination would be justi-
fable, thus leaving the matter to the
discretion of General Davis. Therefore,
if he had ordered the killing of the In
diGDs he would not have been censured
by superior authority. As to their final
disposition no one questions that they
win ultimately be delivered to the gov
ernment of Oregon for trial.
SAN FRANCISCO, June 4.-The follow
ing dispatch was sent to-day from Sa-
lem, Oregon:
To the secretary of War, Washington:
AS to the Modoc outlaws in custody of
the United States military authorities, |
most respectfully request that those now
standing indicted in the circuit court of
Jackson county, Oregon, for the crime of
murder, who are not amenable to military
execution, they delivered to the
civil authorities for punishment
They have legal defense based either
upon amnesty or upon denial of guilt
Let the defense be pleaded before the
proper tribunal.
! Signed L.F. GROVER,
Governor Of Oregon.
SAN FRANCISCO, June 4.-The follow
ing dispatch has been received:
Boyle's Camp, Tulle Lake Pepinsular, June 2
The captives and captors remained at
Applegate's ranch. Before night Cap
tain Jack and SehOnehin were ironeG
together and placed with other warriors
in small building adjoining Apple
gates house under guard. Neither Jack
nor Schonchin spoke word, and not
muscle Of Jacks face moved. Scar
faced Charley protested against the
indignity in behalf of his fellow
captives, and said none of them
intended escape, even if an opportunity
offered. He obtained little satisfaction, |
and retired in disgust. All efforts to
chTistianize the Warm Springs have
been eminently successful, for the most
of them are members of the Methodist |
church. All the military force of the |
expedition will be united at this point. |
The cord to General Canby's hat was |
found in Jacks satchel. Colonel Green's |
capture was made in Oregon; Colonel !
Perry in California.
FAIRCHILD RANCHE, June 3, Z P. NJ. |
To-day we paid visit to Old Sleepy, |
on one Of the small islands in Little |
klamath lake. The old Indian told me |
he had five ModOcs on the island, and |
would surrender them to John Fair |
child as soon as Fairchild returned from !
Clear lake. We saw one of the Indians, |
Leehee Back. He was badly wounded, |
and will probably die. Fairchild has |
Just returned. Tomorrow We will go
for the last of the ModOes. A
miscellaneous.
MacdOnnell, the bank of England |
swindler, sailed for Europe yesterday in |
charge of London detectives.
John Brown was run over and killed |
by a locomotive on the Shortline rail- |
road near Columbus, Ohio, Tuesd ay |
night.
Fires have been raging in the wo DDS
in Annapolis county, Nova Scotia, for
the last few days, and a number of
buildings destroyed.
The steamship Drummen Castle, of
London, went ashore on Cheesay Island,
off the east coast Of China, and became |
a total loss. Thirty persons were
drowned.
Henry Morgan perforated the corpus
Of James Murphy with bullet from his |
little pistol, at a bOarding-house in
Ohio, yesterday, from the
effects of which Murphy lies in a very /
critical condition. The pistol artist es-
capped.
Robert L. Dudley, charged with re-
ceiving and dispOsing of checks, drafts,
ETC., stolen from mails, was held in ten |
thousand dollars bonds, in Boston yes
terday, to await a requisition for trial
before the western Pennsylvania district
court, within which jurisdiction it is al
Ieged the crimes were committed.
The eighteenth annual convention of
the German Catholic benevolent asso-
citation of the United States, which fin
shed its labors yesterday at Detroit,
Michigan, received the following from
his holiness the pope, dated at Rome:
''The pope returns thanks for your con-
and sends his benediction
to all delegates there assembled"
The following statement shows theop-
erations Of the Chicago, Rock Island and
Pacific railroad for the past year: Receipts
rom passengers and freights, St, 4l9,-
81 70; from interest, $2S7, ,Sl9 Al; total,