New-York tribune., 1906-06-27
CONFEDERATE FUNDS.
Citisens' Bank of Louisiana Has No
Claim on What Gen. Butler Took.

Clevelands first election and was violently revived
In successive Congresses after his second election
Ihe era of prosperity seems TO have given this
Development life IN a special bill (Senate BIN
1870 that passed the Senate, without opposition
or debate, under a consideration by the unanimous
consent courtesy. June l2 1906
The bill is a direct appropriation donating S215,
$40 SO. few words about it,
BY the laws Of and the usages OF all nations
the property of the enemys government belongs to
the government of the captor. II makes differ
ehce whether that property consists OF guns and
ammunition captured the battlefield the re-
serve supplies stored in beleaguered town thai is
compelled TO capitulate the victor The military
chest and all the civic assets of the enemys gov
ernment pass at once 10 the government Of the
conqUering forces.
Money band deposits form no exception to
this rule
At the time Of the capture Of New Orleans by the
Union forces the enemys government held deposits
of money in the Citizens Bank Of Louisiana, a
local bank issuing its circulation and doing the
general banking business Of receiving and paying
cut the deposits OF its customers. 1t official
depository of the Confederate States Of America
The commanding Union general. therefore. required
from IT certain specified moneys thus deposited.
There is no question Of fact 10 what amount OF
moneys was there. 1t was larger than the claim
in this bill. There Is no question. also, what was
realized by the Union forces whose commanding
general promptly transmitted the United States
Treasury the amount OF money he collected.
No court has ever decided that any obligation.
express implied, ever existed could exist,
der any statute, code national usage on the
part OF the United States to return this money.
The Confederate States Of America could not get
II. nor could any of its agents claim IL.
The claim is now made by the bank saying that
the money belongs to the stockholders and
wrongfully wrested from them by General Butler.
The pretext in Congress and before the Execu-
tive in support of this bin is that the Court of
Claims has so decided This is not the
The Court Of Claims december. 1890 filed
report TO Congress. by its direction stating find
ings of fact relative TO the claim but was not
authorized to, and did not express any conclusion
Of law TO whether not In law or equity any
just claim existed against the United States. BY
the law of the reference that court precluded
from making any Judgment in this respect, and it
rendered none (See Act OF March g. 1887. Sec.
l3 and H. Stat. Large, 5O5.) No law officer OF
the United States has been asked for an opinion as
to whether not any such obligation existed.
There can he only one answer 10 any such inquiry:
Congress is appealed TO solely upon the facts,
enough Of which to demonstrate the unmeritorious
character Of the claim appear by the proceedings in
the Court Of Claims and the papers submitted
Congress.
There being legal claim 1t is insisted by the
claimant that General Butler. the Union command
er, should have insisted upon bankable funds
but should have been satisfied with the paper
renCy of the Confederate States of America in
terms payable six months after the ratification Of
the peace that II was assumed would close the
Confederate States
America has never vet executed.
General Butler decided-and even had he decided
enormously. AS he did not his decision then was
law under the codes of nations-the general de-
cided that the Citizens Bank should pay over as
they did, whatever money property they would
acknowledge they held deposit which did not
belong 70 the bank, but did belong TO the enemies
OF his country; and wherever the bank had received
par either in their bills or in gold and silver
or in Treasury notes when they were par. That
is, he required the money 10 be paid over to his
order at par, so that they should pay exactly
what they had received"
General Buffers order Of June IS, 1852 declared:
The United States being entitled the credits
due the Confederate States in the bank that
amount must be paid in money or valuable prop
erty.'
The deposits having been made in current funds
to the par OF the credits shown in the accounts,
what these currencies were becomes OF no conse-
quence. The Confederate States treasurers' ac-
counts having been paid into the bank in Confed-
crate notes he ordered their accounts TO be sold
and the proceeds TO be accounted for and paid over
to him by the bank, the the bank would
have accounted 10 the Confederate Treasury"
There was also Confederate government money 10
the credit of It's receivers. who had gathered from
Confederate debtors Of Northern creditors moneys
Which We're due TO Northern creditors for debts
confscated e
These moneys were compulsoriIy paid over 10 the
confederate receivers at par and paid into
the bank in its own bills at par which were good
=
cans joT ne made his 0wn DEPOSITS in the Cit
Among these deposits money paid into the
bank from the registry of the long before the
Confederate notes were below par. Tie bank got
full value Why should not the bank pay out fun
a3 vaiueo Tbs is what was done and no more. tSee
Buffers Book and Parton's Butler in New Or
Confederate States RECEIVERS and their sss}ants te
that is TO say the moneys representing the debts
turned no the ef ses m az R par o,,as and
could not get 1t out of the Treasury. and the petit
lion Of he only one who ventgred such exploit
States 23 Court Of Claims Reports. 49,
Confederate receivers and oficers OF the Confed-
Butler directed and required the bank to nav to b
order for the United States, in gold. silver or
been compiled With comprises the claim repre
claim rePTesened m bY th biz e GHe ss, n Is S Made me me
or Confederate States quartermasters' and com
receireTs accoun' sSSs o specs accosns s1aSes
being money paid into bank from the registry Of
par $l2463 The considerations relating 10 the
lieerents This IS distinction which seems to
claimant that the bans stockbodars nT direntnrs aS
bank paving It out to the true owner II the bank
had retained the deposits until now the collapse Of
any part of the Confederate assets the banks
ali the world the Tned STATES yneceedsd s9e e
10 Fo m gS Ga f s no% m would
treasure trove TO the banks stockholders who
Original deposs The ioyaitv oT isoysIttP of OF fe th
stockh3lders therefore has nothing 10 do with the
return TO The confderacy this portion Of its nssst
as a gift or consider ltion in some treaty bur
under no system of recognized Jurisprudence would
the banks stockholders have standing bene-
hciaries or claimants.
II the bank claims TO be beneficiary or asks
tae appropriation by legal right. let it do as
the result OF decision ON the merits Of the law