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![handle is hein.slavery/ussccases0381 and id is 1 raw text is: Dec. 1869.] UNITED STATES V. PADELFORD.
Statement of the case.
barge, in her decayed condition, could not stand without
leaking.
DECREE AFFIRMED.
UNITED STATES V. PADELFORD.
1. Claimants under the Captured and Abandoned Property Act, of March
12th, 1863, are not deprived of the benefits of that act because of aid
and comfort not voluntarily given by them to the rebellion.
2. But voluntarily executing as surety, through motives of personal friend-
ship to the principals, the official bonds of persons acting as quarter-
masters or as assistant commissaries in the rebel army, was giving aid
and comfort to the rebellion; although the principals, by their appoint-
ment to the offices named, escaped active military service, and were
enabled to remain at home in the discharge of their offices respectively.
3. Taking possession of a city by the National forces was not, of itself, and
without some actual seizure of it in obedience to the orders of the com-
manding general, a capture, within the meaning of the act, of the cotton
which happened to be in the city at the time of the entry of the forces.
4. Hence, where prior to any such seizure an owner of cotton, who, though
opposed to the rebellion, had given aid and comfort to it to the extent
above-mentioned, but was not within any of the classes excepted by the
President's proclamation of December 8th, 1863, and in regard to whose
property in the cotton no rights of third persons had intervened-took
the oath prescribed by that act and kept it-Held, after a seizure and
sale of the cotton by the government, that he was entitled to the net pro-
ceeds as given to loyal owners under the Abandoned and Captured
Property Act. Having been pardoned, his offence, in executing the
bonds, could not be imputed to him.
APPEAL from the Court of Claims. That court bad found
the following case:
That among the citizens of Georgia during the late rebel-
lion was one Edward Padelfbrd. That he never gave any
voluntary aid or comfort to the late rebellion or to persons
engaged therein; but consistently adhered to the United
States, unless the matter of certain special facts constituted
in law such aid and comfort. The special facts were these:
In April, 1861, after the breaking out of the rebellion, a
subscription for a loan of $15,000,000 to the Confederate
government was opened in the city of Savannah, and all](ViewImageLocal?handle=hein.slavery/ussccases0381&div=1&collection=&method=preview&ext=.png&size=3)