New-York tribune., 1876-03-01
Memphis, fam. Feb. "a. 1876
THE PETITION.
GID. J. PILLOW.


TO ne Congre0 Of N, rHt,d states: Your petitioner
Gid. j. Pillow, respectfully represents mat prior 20 ,ne
late civil war he was planting cotton In Philips county
Ark where lie had four large plantations IN
operation In July, lS62 the army comndnded ny MA MA
rounding country. By order Of Cen Gurus an tc wot
sOcK consisting Of 231 mules on sold plantations were
taken possession Of ana were IN body sent To 81 oH
These mules retained IN ~ Louis during the war
organized into teams and dld the local 'r,isp"a ~,
linn OF the Ounrtcrmasters Department IN that citi
The were 80 line ~ To- attract Iublc attention, @
known In the city and to me Officers o ~" @ MI
masters Department ns tlc " Pillow mucs' no not,
or other judicial proceedings were ever sued o nsn,
them. nor were any steps ever taken ,1warM M p b.'
co. nscafon Your petitioner paoned ny the IirHI
dent OF the United States on tho IN day ol Sepr1r
1868, for his participation In the late clv & war m
accented the pardo with It's conditions ana has ialth
fully complied with and kept Its conditions ana 's e
dercd aud faithful allegiance To- the uoN1t& & W.
tbc United states ever since In November 1862 your
petitioner visited ST. louis ana found ms lhues III ~,
possession Of the Quarterhasiets nnr,ar ~"
der the control OF Gen. EastOn Gen Sherman quarter
nasteT-Gencra He applied, by Ietlti"n W noh; nur
man to restore them is pe'oh n Vac hos hcc1 no
judicial condemnation Of the Pillow mules ana as ne @ ras
now been pardoned. his right to the mules iS cea ,
gr,pned the Secretary Of War for permission TO- deliver
the mules 70 % your pfS1Sd TSTd as vine ie owner i' '''
fhe Hon eretaryor var Gen Pillow s here ask, mnatT I
possession Of the oartemaer Department IN naaI
strong desire to begin cultivation of his plantation near
Helena aud bis inability 10 rchase new mules "ho Ao "
d'pcn''O'o iO' 'H0 ". r. snERMiS Major General
The SECRETARY declined to restore. Since that time
your has by petition 10 the Secretary Oh war
asked he paid for the mules, as they nave Dec ncnt
tered or expended in the public service Tue secrtiay
of War referred this application to the Attorney ten
cra who held that the act of February, lSOI tooh o
the Secretary Of War all Jurisdiction OF this class OF
The Secretary OF War; In his communication TO inc Az
tOrney Gencra informed him that the War once Iui
nshed evidence Of those mules having been taken anu
expended in the public service There Is no law OF the
Government under which these mules were fori'ile
The act OF July 49, 1861, subjected to seizure ana lot
feture all property passing and FRO between the oyi
and onary states" The act OF Aug d. 1851,
Subjected 10 seizure and forfeiture all property used IN
aiding abettng, and promoting the nsurrection" But
these statutes required judicial condemnation 10 nhe
fhe forfeiture complete In the OF the United states
ant Ken WALL 1877 ChiefJ Justice Chase, IN deliver
and property OF those who did not cease to al'i
in the Rebellion became liable 10 seizure aud con
nscationr But without condemnation by Ji.
dcia proceedings the property remained In the owner
The Chief Justice further held: The Government
the fullest extent the humane axns OF
the nodern law of nations In subsequent portion 0l
the same opinion the Court says THAT ordinance anu
other munitions OF war. by simple capture, become tue
property Of the captor" and, that property captured
moi Of this speces and which came into the hands OF
The Government not judically condemned, wond DE
that the mules Of your pettiOner-aken from his cotton
elds-never having been used In any way III all OF le
rebellion did vest In the Government by force OF any
act Of Congress. II Is equally manes that the humane
maxims OF modern warfare which Judge Chase In MS
opinion, SAYS, governed the policy of the Govern
nents could not them In the Government by the
harsh and rigid rules Of they prevailed In ancient
tmes theee mules might be held 70 be forfeited to the
Government. But sven then, a no condemnation hSd