The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-04
ABANDONED FUND
|. STILL IN TREASURY
Constant Demand Before Court
of Claims by People in
South.
Especial to The 'rlmes-Dispatch.J

1
| Washington, March Southern
Senators are considering report soon
| to he made by the Secretary OF tho
! Treasury, regarding the amount of
cotton which was sold by people OF the
! South TO the Confederate government
! during and Immediately after the war,
| in answer to recent resolution.
! On March -, 1868, the statute com
monty called the 'abanuoned and cap
tured property act wus enacted the
general effect OF which was to provide
tkat property seized by the authorities
OF the United States should be sold and
the proceeds placed in the treasury,
with permission to citizens whose prop
orty was SO taken and sold to file suit
In the Court of Claims, at any time
within two years from the end of the
war. subject 10 the submission OF proof
that such owner had given no aid or
comfort to THE rebellion" as IL was
called.
II was finally determined By the SUI
preine Court that August 20. 1866.
should be deemed tho cate when the
Civil War finally terminated. that be-
ms matter of executive procia nation
rather than of actual hostili,ies. which
ceased early in 1865.
1t has been officially reported by the
treasury Department that several mil
lion dollars OF the abandoned and
captured property fund still remain in
the treasury. and tor the past forty
years there has been i constant demand
tor the opening of tho doors of the
Court of Claims to persons whose
claims against this fund had never
been judicially determined. Pursuant
to this demand on the part of citizens
Interested and as a matter of fairness
provision was made in the act to cod
ify, revise and amend the laws relat-
Inn 20 ha i,,ll ,tn-
1871. for the filing OF suits in the
Court of Claims by those whose prop
erty was seized after Juno l, 1855.
This section of the statute reads as
follows:
The Court OF Claims shall have no
jurisdiction to hear ana determine the
claims of those whose property was
taken subsequent to June l. 1865 under
the provisions of the act of Congress
approved March IL. 1863, entitled An
act to provide for the collection OF
abandoned property and for the pre-
vention OF frauds IN insurrectionary
districts within tho United States and
acts amendatory thereof. where the
property SO taken WINS sold and the net
proceeds thereof were placed in the
Treasury OF the United States, and the
Secretary of the Treasury shall return
net proceeds to the owners thereof on
jurisdiction is given to said court to
adjudge said claims. any statutes OF
limitations to the contrary notwlth-
standing"
1t Is we'll known and often re-
ported fact that many citizens OF the
South entered into contracts with the
Confederate government for the sale
OF their cotton In some instances
such contracts wore consummated: in
0r w al,
nor possession ever passed.
OF course. II cotton which had been
sold to the Conredcracy. but which
was in the possession OF the vendor
as haileo OF tho Contederacy, was
taken by the United States govern
ment no cause OF action would arise,
as such property was properly sub
feet to seizure by the United States
Various documents have been print
Cd and disseminated containing re-
ports of the Treasury Department. In
Guiding list OF persons from whom
cotton was taken. and which cotton
was later sold. and showing the net
proceeds in tho Treasury arising from
such sales.
II John Doe OF his heirs are In
formed by one OF these documents
that certain number OF bales OF cot
ton was taken from him. at given
ceeds were certain sum. they would
naturally conclude that the facts SO
stated established a prima facie claim
for those proceeds. Notwithstanding
those facts. however the Treasury De-
partment may have information or
PROOF OF conclusive documentary ma
ture that the aotton mentioned had
been previously sold to the Confed-
eracy. and that b. reason of such fact
fnnrn n RI frhf NJ
In John Doe or his heirs
This resolution Is designed to bring
from the Treasury Department a re-
port OF such intorma ton as would
snow, or tend TO show. that the sub
ject matter OF the seizure ana sale
had been previously sold 20 tho Con-
federacy.
|; is believed that 1T is but fair that
citizens be given this Information
without Arst mourning the expense
and trouble of fling Il suit In the
Court of Claims under the provisions
Of said section l62 OF the act Of March
9. 1911.
1t cannot DE said that the informa-
tion requested by this resolution will
aid in the establishment OF any claim
against the United States On tho
ortrary, It Will merely have the cs
, ,sct of advising citizens whether there
is any record Information which would
necessarily defeat any claim presented.
This information Is n matter OF pub
lie record, and there would seem to be
! no good reason why II should be re-
garded as secret. 1t Is information
that will be furnished by the Treasury
Department to the Court OF Claims In
| the event of suit being filed. and 1t
| would seem to be sound policy for the
| government to make thia information
available to prospective claimants In
advance OF the bringing OF suits