New-York tribune., 1878-04-18
A SAMPLE SOUTHERN CLAIM.
A TIE VOTE IN THE SENATE UPON 1T, AND WHAT
TIE VOTE INDICATES.
ley TELEGRAPH TO THE TRIBUNE.l

ley TELEGRAPH TO THE TRIBUNEl
WAsnINGTON, April IA motion was lost III the
Senate TODAY bv Il tie vote of % in the affirmative
TO % in the negative to proceed to the consideration
of the bill "for the relief of Warren MITCHELL
This bill directs the Secretary of the Treasury to
pay to Warren Mitchell, from the proceeds OF the
captured and abandoned property in the treasury
Department. the sum of $12S,692 d. being the
proceeds of cotton taken from Mitchell i'll Savannah
Ga. This is one of an immense number Oi similar
claims which now pending before Congress ana
earnestly demanding its attention.
A majority of the Conmttee on Claims reported
against this bill on the 9th of March last From
this report it appears that the memoralist, Warren
Mitchell. is a resident of Louisville, Ky and did
business IN that city as a member of two firms prior
TO the war. In 1861 he procured from General
Anderson commander of the Military Department
Of Kentucky, pass permitting him TO 20 through
the United states military lines for the purpose OF
collecting debts in the South. He remained within
the Confederacy until the latter part OF 1864,
when after the capture of Savannah. he re-
turned to his family at Louisville. In Oct0-
Der. November and December, 1864, he pur-
chased in Savannah 73S bales OF cotton
which were seized by General sherman upon
the surrender of that city 90 him, and aitcrward
sold the proceeds of which amounted 10 Tl2S,-
600 o. in July, 1865, Mitchell was pardoned by
President Johnson for participation in the rebellion,
and brought action III the Court of Claims to re-
cover the proceeds of his cotton The Court, being
equally divided in opinion as to his right TO recover
dismissed the case. The Supreme Court Of the
United States, on an appeal, affirmed the judgment
of the Court of Claims on the ground that the pur-
chase of the cotton in question by Mitchell an i'll
habitant of loyal State, from the inhabitants of
disloyal States, was illegal and void, and that he
consequently acquired no title.
Mitchell presented his claim to the XLlVth Con-
gress and the Senate committee to which 1t was
referred reported it back adversely. The claim was
again presented at the second session of this Con-
prcss, and a favorable report was secured through
absence OF several members Of the committee; but
this report was subsequently sent back to the com
mittee and no further action was taken upon II.
A majority Of the committee now reports that the
action OF the Supreme Court, already referred TO,
decides the question that Mitchell had no legal
claim whatever against the Government, and fur
thcr. that the testimony submitted shows that the
claimant was not loyal to the Government, but rem
dered aid and sympathy to the Confederacy.
A minority of the committee, consisting OF two
Democrats, Senators Harris and Hereford, and one
Republican, Senator Mitchell, reported fayOrably to
the claim, on the ground that the Government can
not afford to avail itself of a harsh and technical
rule of law and appropriate to its own use the prop
erty of its citizens when such appropriation has
not and cannot have the sanction of equity and JUS
tce OF moral right The petitioners contract of pur
chase the minority says being void leaves the title
i'm the persons of whom lie bought the cotton. They,
having been paid for it by the petitioner donot com
uloin or seek to defeat his title and III justice and
morality no one else has right 10 do 80.
This claim would not be worthy Of such an cx-
tended notice except for the fact that i Is sample
of tIp largest class OF southern cldlIIiS WlCn
has been presented to Congress- and many more of
which are held back until the Democrats shall have
control of both Houses 1t is alsO evident that, be-
cause il shows what is true of almost every claim of
This kind a small majority Of the Republicans can
ALWAYS be depended upon to assist the Democrats III
securing the passage of such measures