
    John H. Bruning v. The United States.
    
      On the Proofs.
    
    
      A foreign neutral, resident in Charleston during the rebellion, takes out protection papers from the Prussian consul, and otherwise retains his neutrality. He buys cotton in the regular course of his business several months before the capture of the city. The cotton is captured and the proceeds are in the treasury.
    
    A foreigner who has the protection of his consul, and who purchases cotton in the regular line of his business, without any suspicious circumstances attending the transaction, and at a time when the surrender of Charleston is not imminent, and who has not given aid or comfort to the rebellion, will recover the net proceeds in the treasury.
    Messrs. Cooley and ClaRKE for claimant :
    This suit is for the recovery of the proceeds of 16 hales of upland cotton, weighing 6,749 pounds.
    Mr. Bruning is not a citizen of the United States, (see his testimony,) but was a subject of the King of Hanover, when that monarch reigned. Being a foreigner, he could not he expected to take such interest in our late internecine struggle as would attract observation; but it is clearly shown in the testimony that he never gave any aid or comfort to the late rebellion.
    The Assistant Solicitor for the defendants.
   Peck, J.,

delivered the opinion of the court:

John H. Bruning, a foreigner, resident of the city of Charleston, South Carolina, claims the proceeds of 15 bales of upland cotton. taken from bis possession by tbe forces of tbe United States and converted into money.

Bruning was a neutral during tbe rebellion, a foreigner by birtb, wbo bad tbe protection of the acting consul of Prussia, which exempted him from rebel service. It is shown that be did not give aid or comfort during tbe rebellion to those wbo carried it on. Tbe cotton was acquired by claimant at a time and under circumstances which do not furnish reasons for supposing'that tbe purchase was made otherwise than in tbe regular line of bis business, or that tbe transaction was not a fair one.

Tbe cotton claimed is recorded on tbe registration book in the office of tbe Quartermaster General as having been taken at Charleston from tbe claimant, and no reason is shown why be should not receive tbe proceeds, which are reported to us as being $131 20 per bale. Judgment in tbe usual form in like cáses will be entered for tbe claimant for tbe sum of $1,968.  