Austin v. United States

• Decision Date: 17 December 1894
• Docket Number: No. 39,39
• Citation: 39 L.Ed. 206,155 U.S. 417,15 S.Ct. 167
• Parties: AUSTIN v. UNITED STATES
• Court: U.S. Supreme Court

155 U.S. 417

15 S.Ct. 167

39 L.Ed. 206

AUSTIN

v UNITED STATES.

No. 39.

December 17, 1894.

Action by Florine A. Austin, as administratrix of the estate of Sterling T. Austin, deceased, against the United States, to recover for certain property of her decedent taken or destroyed during the Rebellion. The claim was, by special act of congress removing the bar of the statute of limitations, referred to the court of claims, which dismissed claimant's petition for want of jurisdiction under the terms of the act, and claimant appeals. Affirmed.

Claimant filed a petition in the court of claims, June 5, 1883, alleging that Sterling T. Austin, of the parish of Carroll, in the state of Louisiana, died in that state July 9, 1879; that March 20, A. D. 1883, claimant was duly appointed administratrix of the estate of said decedent, and duly qualified as such; and that her letters of administration were in full force.

The petition set up an act of congress, approved March 3, 1883 (22 Stat. 158, c. 111), entitled 'An act for the relief of the representatives of Sterling T. Austin, deceased,' which referred the claims of the successors in interest and legal representatives of Sterling T. Austin for cotton taken by the military authorities of the United States during the war to the court of claims to adjust and settle, and to render judgment for the net amount realized by the United States therefrom; removing the bar of any statute of limitation, and providing that it be shown to the satisfaction of the court that neither Austin nor any of his surviving representatives 'gave any aid or comfort to the late Rebellion, but were throughout the war loyal to the government of the United States.'

It was then charged that, in the years 1863, 1864, and 1865, the military authorities took from Sterling T. Austin, claimant's decedent, in the states of Louisiana and Texas, large amounts of cotton; that the United States sold said cotton, and realized therefrom various sums, aggregating $367,500, which they appropriated to their own use; that Sterling T. Austin left, him surviving, a widow and children; that neither he nor his widow, nor either of his children, 'gave any aid or comfort to the late Rebellion, but they and each of them were and was throughout the war loyal to the goverment of the United States.' Judgment was asked 'for the sum of three hundred and sixty-seven thousand, five hundred dollars, being the net amount realized by the United States from the sale of the cotton hereinbefore referred to and described.'

The averments of the petition were traversed by the United States. The court of claims filed findings of fact and a conclusion of law.

The court was not satisfied that Sterling T. Austin did not give aid or comfort to the late Rebellion, and that he was loyal throughout the war to the government of the United States, and found him disloyal; but the court was satisfied that the surviving representatives did not give any aid and comfort to the late Rebellion, but were throughout the war loyal to the government of the United States.

The conclusion of law was that 'the court decides, upon the foregoing facts, that the petition be dismissed.' The opinion of the court, by Weldon, J., will be found in 25 Ct. Cl. 437. Judgment having been thereupon entered dismissing the petition, claimant appealed to this court.

John C. Fay, S. Shellabarger, and S. M. Wilson, for appellant.

Asst. Atty. Gen. Conrad, for the United States.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.

An act amending the act establishing the court of claims was approved March 3, 1863, which by its tenth section prescribed a limitation of six years on the prosecution of claims, and in its twelfth section provided 'that in order to authorize the said court to render a judgment in favor of any claimant, if a citizen of the United States, it shall be set forth in the petition that the claimant, and the original and every prior owner thereof where the claim has been assigned, has at all times borne true allegiance to the government of the United States, and whether a citizen or not, that he has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said government, which allegations may be traversed by the government, and if on the trial such issue shall be decided against the claimant, his petition shall be dismissed.' 12 Stat. 765, 767, c. 92. On the same day an act was passed authorizing the secretary of the treasury to appoint special agents to collect and receive all abandoned or captured property in any state or territory, or any portion of any state or territory, of the United States designated as in insurrection, the second section of which required that 'all sales of such property shall be at auction to the highest bidder, and the proceeds thereof shall be paid into the treasury of the United States'; and the third section, after making provision for the giving of bonds, and the keeping of books 'showing from whom such property was received, the cost of transportation, and proceeds of the sale thereof,' proceeded thus: 'And any person claiming to have been the owner of any such abandoned or captured property may, at any time within two years after the suppression of the Rebellion, prefer his claim to the proceeds thereof in the court of claims; and on proof to the satisfaction of said court of his ownership of said property, of his right to the proceeds thereof, and that he has never given any aid or comfort to the present Rebellion, to receive the residue of such proceeds, after the deduction of any purchase money which may have been paid, together with the expense of transportation and sale of such property, and any other lawful expenses attending the disposition thereof.' 12 Stat. 820, c. 120.

By joint resolution, approved March 30, 1868, it was resolved 'that all moneys which have been received by any officer or employe of the government, or any department thereof, from sales of captured and abandoned property in the late insurrectionary districts, under or under color of the several acts of congress providing for the collection and sale of such property, and which have not already been actually covered into the treasury, shall immediately be paid into the treasury of the United States, together with any interest which has been received or accrued thereon.'

June 25, 1868, an act was approved entitled 'An act to provide for appeals from the court of claims and for other purposes,' allowing an appeal to the supreme court of the United States from all final judgments of the court of claims adverse to the United States. The third section of this act provided 'that whenever it shall be material in any suit or claim before any court to ascertain whether any person did or did not give any aid or comfort to the late Rebellion, the claimant or party asserting the loyalty of any such person to the United States during such Rebellion, shall be required to prove affirmatively that such person did, during said Rebellion, consistently adhere to the United States, and did give no aid or comfort to persons engaged in said Rebellion; and the voluntary residence of any such person in any place where, at any time during such residence, the rebel force or organization held sway, shall be prima facie evidence that such person did give aid and comfort to such Rebellion and to the persons engaged therein.' 15 Stat. 75, c. 71.

On the 20th of August, 1866, the president issued his proclamation declaring the Rebellion suppressed throughout the whole of the United States of America. 14 Stat. 814. And that day was recognized as the close of the Rebellion by an act of congress passed March 2, 1867 (14 Stat. 422, c. 145), and by this court in U. S. v. Anderson, 9 Wall. 56.

July 4, 1868, the president issued a proclamation of pardon and amnesty to all persons who had directly or indirectly participated in the late Rebellion, those under indictment for treason or felony excepted, 'for the offense of treason against the United States or of adhering to their enemies during the late civil war, with restoration of all rights of property, except as to slaves and except, also, as to any property of which any person may have been legally divested under the laws of the United States' (15 Stat. 702); and on December 25, 1868 (Id. 711), a proclamation of universal amnesty, unconditionally and without reservation, to all persons who had directly or indirectly participated in the Rebellion, 'with restoration of all rights, privileges, and immunities under the contitution and the laws which have been made in pursuance thereof.'

In the case of U. S. v. Anderson, supra, decided at December term, 1869, it was ruled that it was not necessary, under the abandoned and captured property act, for a party preferring his claim in the court of claims for the proceeds of property taken and sold under it, to prove, in addition to his own loyalty, the loyalty of the person from whom he bought the property; it having been purchased by him in good faith, and without intent to defraud the government or any one else. Mr. Justice Davis, delivering the opinion of the court, said: 'During the progress of the war, it was expected that our forces in the field would capture property, and, as the enemy retreated, that property would remain in the country without apparent ownership, which should be collected and disposed of. In this condition of things, congress acted. While providing for the disposition of this captured and abandoned property, congress recognized the status of the loyal Southern people, and distinguished between property owned by them, and the property of the disloyal. It was not required to do this, for all the property obtained in this manner could, by proper proceedings, have been appropriated to the necessities of the war. But congress did not think proper to do this. In a spirit...