Padelford v. United States

Citations

• 4 Ct. Cl. 316

Syllabus

<p>' On the Proofs.</p> <p>A citizen of northern Mrth residing in Savannah during the rebellion is consistently opposed to it in sentiment, speech, and action. The open expression of loyalty in Savannah is dangerous to person and property, and the claimant is placarded in the streets and newspapers as a public enemy. While the subscriptionboolcs for the first Confederate loan are open he is ashed after, with threats that those who do not subscribe shall be made to. He is informed of the threats, and advised by his friends to subscribe. He does so to the amount of $3,000, declaring that he does so unwillingly, and he sells out the stoch thus purchased, within two weeks. There is no immediate compulsion or violence threatened at the moment ■ when he subscribes. In March, 1866, he commences his action in this court tender the “Abandoned or captured property act.” The defendants take no objection to the time of bringing the action, but proceed to trial on the merits. Subsequently, on a second trial, it is objected that the suit was prematurely brought.</p> <p>I. Where under the “Abandoned or captured property act,” (12 Stat. L., p. 820¡) a claimant tog-ins his action before the suppression of the rebellion, and the defendants taheño objection by jilea in abatement, but after the suppression of the rebellion proceed to trial upon the merits, the Court of Claims has jurisdiction of the cause of action, and will render judgment upon the merits.</p> <p>II. To subscribe to a Confederate loan unwillingly, under throats, and in fear of violence to person and property, though in the absence of direct compulsion or of immediate danger, holding, moreover, the stock subscribed for but a fortnight, is not ■ aid or comfort to the rebellion, in one who otherwise consistently opposes it in sentiment, speech, and action, within the meaning of the “Abandoned or captured property act.” (12 Stat. L., p. 820.)</p>