The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-25
OLD SOUTHERN WAR CLAIMS.
fBY JOS. oHL.).

WhsuiHbtons january Zz--Ra piii Wntcu
Judge Maddox OF Georgia has introduced
Will be OF especial interest throughout the
entire South, for 1t is designed to provide
a means by which a lot OF Southern people
may be able to obtain money now locked
up In the United States treasury.
This is a bill ito revise and amend the
act to provide for the collection Of aban-
doned property and tho prevention OF
frauds In insurrectionary districts within
the United States That act was passed
by congress in 1853, and It is the original
act under which 1t has been possible for
some Southern people to recover damages
for property destroyed during the war.
The effect Of the bill introduced by Judge
Maddox Is to extend for two years the
time within which suits may be brought
before the court OF claims II is provided
In the bill that the benefits OF this extern
Zion be extended to those claimants whose
claims have been adversely determined by
the court upon the ground of dsloyalty,
and that all suits on all claims which have
been rejected shall, on motion of the
claimants or their legal Representatives,
be reinstated on the docket OF the court OF
claims and proceeded with according to
law. There Is further provision that In
all cases In which claimants trace the
proceeds Of their properties into the treas
ury, the judgment shall be for the full
amount of said proceeds and 1.-THE balance
of said fund, IL any. shall be distributed
pro rata among those claimants who shall
prove that their property was seized under
said acts or under color thereof but who
are unable TO trace or identify the proceeds
thereof in the treasury of the United
states"
~
In effect this bill Is for the extension of
time in which claimants may bring suit
under the Captured and Abandoned prop
i erty act and very many people through
out the South are Interested In securing
this extension.
a large amount of property in the South
ern States was seized, during the war and
Immediately after it.. without regard to
the ownership of the property or the
political status of its owners, or the pos
session OF the property at the time of seiz-
lure. The seizure and sale was made by
the military and other Federal authori-
ties under the acts of March, 1893, and
July, 1854, and the various amendatory
and supplementary acts. Tie law re-
quired that the property. be sold and the
proceeds placed in The treasury to the
credit OF the property. Among other
things thecact of 1868, under which the
bulk OF. tie property was seized, provided
as follows:
ANY person claiming to have been the
4 owner of any such abandoned or captured
I property may, at any time within two
years after the suppression of the rebel
lion, prefer his claim to the proceeds
thereof in the court of claims, and on
proof to the satisfaction of said court OF
his ownership of said property, or his
right to the proceeds thereof and that he
has never given any aid or comfort to the
present rebellion, to receive the residue of
such proceeds, after the deduction of any
purchase money which may have been
paid. together with the expenses OF trans
portation and sale Of said property, and
any other Lawful expenses attending the
disposition thereof"
Many suits were instituted in the courts
| Of claims by persons claiming to be the
owners of property seized and when the
proof was made, Judgment was rendered
in their favor and the money paid.
~
| The total resulting from the sales OF
property was over s3i00O.000. OF this sum
there is still remaining in the treasury
over slO.OO00O0. The government has had
he use of this money for more than TWEEN
| ty years and II 1t is ever to be distributed
TO its owners, additional legislation is re-
CURED Congress at every session Is asked
to permit individual claimants to bring suit
| in the court of claims to establish their
| right in this fund. Further legislation is
| necessary to distribute the fund.- for tae
| original time in which claimants were re-
quired TO prefer their claims has long since
expired.
The supreme court has held, III connection
with this find that the presidents procla-
nation OF pardon aud amnesty with resto-
ration OF rights of property was q decision
on the par, OF the government which decid-
cd affirmatiyely the right of all the own
ers OF such property to the proceeds thereof
In the treasury, and tho restoration OF the
person pardoned. The court held that to
refuse this with regard to the property OF
owners who. though once hostile might
subsequently become loyal would be q
breach OF faith not less cruel and astound-
ing than to abandon the freed people whom
the executive had promised to maintain in
their field
The effect of this decision is that the
property in question-that is, property
which came to the possession of tho gov
ernment by capture or abandonment, with
the exception of property used in actual
hostilities-was in no case diverted from
the original owners.
1t Is contended by Judge Maddox that |
there can really be no question as to
whether the government ever determined
that the proceeds OF the sales of property |
under the captured and abandoned act |
which belonged to disloyal citizens should |
be restored to them. He contends That |
the legal effect OF the various proclana- |
iitns OF amnesty was TO wipe out all disa-
bility by reason of disloyalty and TO pre-
sent the defender before the law as new |
man, as innocent as IL be had never been |
charged With treason. These amnesty |
rroclamatlons also serve to show that The
president OF the United States. author