Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-06-05
SECOND EDITION.
WASHINGTON.
Important Decision Regarding Captured
Cotton.

n.Tt
Important Decision Regarding Captured
Cotton:
WASHINGTON, June 4.-The Court of
Claims to-day rendered decision of gen.
eral interest and very. great Importance,
in the case of VIM. A. Haycraft VS.. the
United States, which is precisely identical
in principle and conditions OF fact with
the well known Elmira J. Kelly case, like
wise pending. The Haycraft suit was
brought July 80, 1872, for proceeds of GER
tain cotton seized and sold by agents of
the United States Government. The cap
tured and abandoned property act limited
the time in which suit could be brought
for proceeds of such seizures to August
20, 1868, being two years from the date of
the termination of the rebellion, as fixed
by Presidential proclamation of August 20,
1866. no. ND
Test Of Loyalty not Necessary.
The Supreme Court decided that the am
nesty proclamation of December 25th,
1868, relieved all persons in the Southern
States from any obligation to prove their
LOYALTY in the Court of Claims, and Hay
croft, in filing his claim in 1872, contended
that in consequence Of said amnesty proc
lamation and the decision of the Supreme
Court on disloyal EcOttOn, claimants like
himself, had right to commence their
suits at any time within six years after the
date .of the proclamation of December
25th, 1868, under the general statute of
limitations, applicable 10 suits brought in
the court, for the reason that he had no
standing in the court, prior to the issuance
of said amnesty proclamation, and that his
cause of action accrued at that dBte, al
though his property was taken in 1868.
Sustained by the Supreme Court.
The Attorney General filed plea to the
jurisdiction, ON the ground that all suits
for cotton were required to be brought
within two years, that being the 1imita-
ton of the captured and abandoned prop
erty act.
BARLEY & Casey, counsel for the claim
ant, demurred, and the court to-day over
ruled the demurrer, and sustained the plea
to the jurisdiction.
The counsel for the claimant then APP
pealed to the Supreme Court.
This decision, If sustained by the SUI
preme Court, will bar and exclude all
claims against the Government for the pro-
ceeds of cotton, which amount to about
fifteen millions of dollars.
A Case i'm Point.
In the case of Charles Hill, an alien SUBJ
ject of Great Britain, claiming the pro-
Ties by the United States military forces,
Hill having resided in England during
the entire period of the rebellion, the
court decided that the presumption in ia
vor of his having preserved his neutrality,
is not Overthrown by the proof of the mere
act.that he was interested:in and subscrib-
ed moneyto certain adventures for running
the blockade. These adventures, the
court say, may never have been put af1oat,
or if they were, may never have reached
the sale of the blockade. 1t is, therefore,
held to be necessary to show not only the
purpose to give aid and comfort to the
rebels, but the fact that the aid and COM
fort was given. This fact not being
proved, judgment is given for claimant.
~ Confederate Agents Excluded.
In the case of Warren r. Dent the court
decided that proportion of the proceeds
of captured cotton paid by the Government
to an informer could not now be recovered
from the United States, this decision BE-
ing based upon general principles of the
statute that claimants can recover no more
than the net proceeds paid into the United
States Treasury.
An important decision was also rendered
in the case of Walter D. Spratt, of Mis-
sissippi, to the effect that claimants who
purchased cotton from agents of the Con-
federate Government, knowing at the
time that the proceeds were to be used in
the prosecution 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. sIfhtK XII
Say Claims Excluded.
This decision governs and excludes
claims to the amount of about nine mil
lion dollars. An appeal was taken to the
Supreme Court. The Court of Claims
made an order referring what are known
as the Vicksburg cotton cases, involving
the proceeds of some nine thousand bales
to Eben. Evelith, of Washington City, as
Special Commissioner, to disentangle the
complicated questions of ownership, etc.,
and report at the next term and then ad-
journed till the third Monday of next Oc
tober.
AUGUSTA, GA, June 4.-Joseph T. Car
ry, the self-styled New Elijah and Prophet
of Yahreh, and founder of the New Ca
mantle Colony in Columbia county, who
was found guilty of fornication and adul
terry and sentenced to fine and imprison-
ment, broke Jail at Appling and escaped
North, taking with him the Queen of the
Harem.