
    Finley Y. Clark v. The United States.
    
      On the Proofs.
    
    
      The claimant shows that he gave valuable information to the United States forces, and that he purchased his cotton long before the capture of Savannah.
    
    A certificate of a major general commanding a department, stating that he had the means of ascertaining the feelings and conduct of the claimant towards the United States, and that he remained truly loyal during the rebellion, will well sustain the oath of a party who swears for himself that he was faithful to his allegiance, and that he gave useful information to federal officers.
    Messrs. Cooley and Clarice for the claimant:
    In this case the claimant seeks to recover the net proceeds of six and a half bales and twelve pockets of sea-island and seven bales of upland cotton, seized by the United States authorities at Savannah, in December, 1864, after the fall of that city. The suit is brought under the act of March 12, 1863, in relation to captured and abandoned property, and the claimant, in order to entitle a recovery, must prove the ownership of the cotton, its seizure and sale by the government, and that he has never given any aid or comfort to the late rebellion. We shall proceed to show that upon all these points the claimant’s case is fully established.
    1. As to the ownership of the cotton.
    
    Exhibit A shows that on the 22d of December, 1863, the claimant purchased of E. R. Cox seven bales of sea-island cotton; Exhibit B proves that on the 7th of September, 1864, the claimant bought of N.'A. Hardee & Co. five hales of sea-island cotton; and Exhibit C shows that on the 24th of July, 1862, the claimant purchased of D. H. Baldwin seven hales of upland cotton, thus making in all twelve bales of sea-island and seven bales of upland cotton. This is the only evidence of the ownership of the cotton, hut we deem it sufficient.
    2. As to the seizure and sale of the cotton.
    
    The transcript from book “D, registration of claimants of captured cotton at Savannah, Georgia,” as certified by the War Department to this court, shows that on the 27th of March, 1865, seven bales of upland and twelve of sea-island cotton, the property of the claimant, were seized by the government authorities. That all the cotton seized at Savannah was shipped to New York and sold, and the money paid into the United States treasury, is established by the deposition of Francis Robinson, the cotton agent at New York.
    3. As to the loyalty of the claimant.
    
    The Exhibit D is as follows:
    “ Hilton Head, South Carolina, June 10, 1865.
    “From what I know of Dr. F. Y. Clark, of Savannah, Georgia, and I have had the means of ascertaining a great deal about him, I regard him as one of the few citizens of Savannah who remained truly loyal during the rebellion.
    “Q. A. Gilmoke,
    
      “Major General Commanding.”
    
    The record of this claimant’s loyalty is without spot or blemish, and nothing that we could say can add to the strength of Major General •Gilmore’s indorsement of his character.
    Believing that the case is fully made out, we claim that the claimant is entitled to recover as follows :
    12 hales of sea-island cotton, at $302 35 per bale.$3, 628 20
    
      7 hales of upland cotton, at $205 89 per hale. 1, 442 23
    Total. 5, 070 43
    Deduct expenses of 19 hales, at $15 60 per hale. 296 40
    Balance. 4, 774 03
    The Assistant Solicitor for defendants.
   Peck, J.,

delivered the opinion of the court:

Finley Y. Clark, a resident of Savannah, Georgia, claims the proceeds of six and a half hales and twelve pockets of sea-island cotton and seven bales of upland cotton, which went from his into the custody of the United States, and was sold by the authorities of the United States and paid into the treasury.

A transcript from the registration book of cotton captured at Savannah shows that on the 12th of March, 1865, seven bales of sea-island and a like number of bales of upland cotton were taken from claimant and reported to the War Department.

Dr. Clark, the claimant, makes an excellent showing in so far as regards his abstinence from giving aid or comfort to the recent rebellion. In his own testimony he says he gave valuable information to the officers of the Union army and navy. He says he gave information to Captain Amman, of the navy, by which the latter was enabled to avoid torpedoes placed by the rebels for the destruction of Union vessels. The following letter from Major General Gilmore is appended to his deposition as an exhibit:

“Hilton Head, South Carolina, June 10, 1865.
“From what I know of Dr. F. Y. Clark, of Savannah, Georgia, and I have had the means of ascertaining a great deal about him, I regard him as one of the few citizens of Savannah who remained truly loyal during the rebellion.
“Q. A. Gilmore,
Major General Commanding.”

His ownership of the cotton is proved, as also the dates of purchase, which were long prior to the capture of Savannah.

It is therefore ordered that he recover for seven bales of sea-island cotton the sum of $2,014 04, and for seven bales.of upland cotton the further sum of $1,333 29, which was the net price realized for the cotton seized at Savannah, as shown by the report of the Secretary of the Treasury, making an aggregate sum of $3,347 33.  