Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-01-21
US. TO SURRENDER
OLD DAVIS PISTOLS
Weapons, Once Owned by
Chief of deraey Cap
tured at Richmond.

Following an opinion from Attorney
General McReynolds that he has ample
authority in the premises, Secretary Gar
rison has directed the surrender to Joseph
A. Hayes Of Colorado Springs, Col, as
the representative Of the estate Of JEFF
ferson Davis, president Of the Confederate
states, Of certain property which belonged
to the ex-president
These articles are double-barreled
pistol, two dueling pistols. four bullet
molds, two pistol holsters and one pistol
case. They were seized by Union troops
in Richmond at the time of the capture
Of that city near the close of the civil
war and since then have been stored in
a safe in the office of the adjutant gen.
eral at the War Department
Mr.. Hayes is the husband Of the eldest
daughter of Jefferson Davis and has
charge Of the family estate. He is per-
sonally acquainted with MIR. Breckfnr1dge
Of Kentucky, assistant secretary of war,
and recently applied to him for the re-
turn of the dueling pistols, etc
Asked Legal Opinion.
As there was some doubt as to the
authority Of the Secretary Of War to
dispose Of these articles in the absence
referred to the Attorney General. with
the request for an opinion as to the
powers Of the War Department In the
disposition of the property.
In his opinion the Attorney General
took the ground that Jefferson Davis had
never been legally deprived Of ownership
Of the property and that all his rights
In the matter had been restored to him
by virtue Of the terms of the proclama-
ton of pardon and amnesty issued BY
Pres dent Johnson in 1868 to every person
who participated, directly or Indirectly IN
the war Of the rebellion
ATTORNEY General McReynolds discusses
various laws and decisions bearing on
the points involved and states his con-
clusiOns as follows:
Attorney Generals Views.
"It may be said that none of these de-
cisions discusses a state of facts precisely
similar to the present case. but the prin-
ciple to be derived from them is suffi-
Gent. namely, that where property of a
disloyal person was seized by the mill
tary forces of the government during
the civil war and no such proceedings by
way Of forfeiture, condemnation, sale,
etc. were had concerning 1t as would SUI
fee to dfyest his title or any portion OF It
and transfer it to third persons or to the
limited States, then and in that event a
subsequent pardon restores to him MS
nIenary title and right of possession.
.Such Is the present case. AS stated at
the outset, no condemnation proceedings
were had under the confiscation act nor
we're the articles taken In charge by the
Treasury officials sold, as required by the
abandoned property act.
"On the contrary. it appears that In 1874
certain Of the articles seized-not dlner-
ing for present purposes from those now
in ouestion-were returned to Mr.. DAVIS,
and in 1880, others. The failure to re-
turn the pistols. ETC.. seems to have been
due merely to oversight.
..It follows that in spite of the seizure
Mr.. Davis retained an interset IN this
property which had not been diverted or
extinsuished in any way at the time OF
the pardon granted, and that the pardon
revived his title and right of possession.
On his death this title and right passed
to his personal representatives, and you
have therefore ample authority to sur
render this property to those persons
who fill that character"
shawl and cloak or raglan. belong
ing to Mrs. Davis. said to have been
worn by the Confederate president at
the time of his capture by members or
Gen. Wilson's cavaiary just after the
close of the civil war. were not asked
for by Mr Hayes in his letter Of applica-
tion. and are not included in the list of
articles to be turned over to him. Those
articles of wearing apparel have been
kept under lock and key in an old safe
in the office of the Secretary of War for
nearly fifty years. and are seldom shown
to visitors.