J. H. Weisiger, assistant cashier of the Farmers' Bank of Virginia, maketh oath and saith that he is one of the officers of the bank named in the passports of General Patrick and General Terry sent by the banks of city of Richmond to the State of Georgia for their specie removed from the city of Richmond, on its evacuation in the month of April, and that the facts stated in regard to the loss and recovery of a portion of it and the action of the military authorities of the United States in relation thereto are, within his knowledge, true.

J. H. WEISIGER. Sworn to and subscribed by the said Weisiger before me, at Richmond, Va., this 9th day of December, 1865. J. L. WILLIAMS,

[5-cent internal-revenue stamp, canceled.]

Notary Public.

TO ANDREW JOHNSON,

President of the United States:

SIR: Mr. McCulloch, Secretary of the Treasury, has presented for your consideration the papers connected with the petition of certain banks of Virginia, asking the restoration to its owners of a sum of money (a fraction less than $100,000 in specie) now on special deposit in the Treasury. I am the president of one of the banks and agent of them all in presenting their petition, and respectfully beg leave to submit a condensed statement of the main facts of the case, by which, I think, it will appear that one more plainly just was never presented for official decision.

The banks I represent, on the evacuation of Richmond, fearing the dangers to which they were exposed from the lawless and vicious, Federal and Confederate, determined to remove their specie to a place of safety. It was carried to the town of Washington, in Georgia, and there deposited with their agents. On the 27th of April they sent for it, having obtained for their officers a passport from General Patrick, then in command at Richmond, to whom the object of their mission was explained. Returning with the coin, the agents were robbed near the Savannah River by a band of Confederate soldiers. They returned a part of the amount, and this was carried back to Washington, because they deemed it unsafe, by reason of the posse of robbers in that region, to attempt then to bring it to Richmond. The coin remained in Washington undisturbed for nearly three months, when the banks deemed it then safe to attempt its transportation again. Accordingly they applied to Major-General Terry, then in command at Richmond, explained the locality of their coin, their desire to remove it, and invoked his aid and protection in doing so. By his written order (filed among the papers) he affirmed that the coin was the property of the banks; that their agents were permitted to go for it, and he invoked in behalf of their mission and for them the assistance and protection of "all officers of the United States Army and others." The coin thus recognized, and the agents thus guarded by the order of General Terry, proceeded at once to Washington. On their arrival they learned that General Wild, subcommissioner of the Freedmen's Bureau, had expressed his intention to seize the coin for the benefit of that bureau, on the pretext that it

was "abandoned property." Some of the officers of the banks went to Augusta and appealed to Major-General Steadman, in charge of the Department of Georgia, informed him of General Wild's avowed intention, and invoked his interference and protection. General Steadman interposed at once and prevented any interference by General Wild, and thereupon advised the officers to remove the coin to Augusta as a place of safety, and gave them a guard and safe-conduct to enable them to do so.

Some of the bank officers, on hearing of General Wild's purpose, came immediately to Richmond to report this unexpected obstruction. In ignorance of General Steadman's order, and of his view of their rights (for he would have allowed their agents to proceed without interference), the banks sent an agent to Washington City to ask the authorities here to interpose and allow them to bring their property without further interruption. On presenting this request, General Steadman was telegraphed (on the 11th of August) for information on the subject of the coin. In reply (on the 12th of August) he stated that General Wild, when at Washington, in Georgia, in July, made claim to some coin then on deposit there, claimed by the Richmond banks; that the case was reported to him by an agent of the banks; that he gave "safe-conduct" for the coin to Augusta, where it then was in possession of the agent, &c. On the 20th of August General Steadman was again telegraphed that the President had the claim of the banks to the coin on deposit, and directs that it be not given up, but held to abide his order. On the 23d of August a telegram was sent, through the Adjutant-General, stating that "the President having considered the claim of the Richmond banks to the coin captured, directs that it be turned over to an agent of the Treasury who will be sent," &c., &c. The coin was according y turned over, and it was brought to this city and placed on "special deposit" with the Treasurer, and it is now here subject to such order as may comport with your sense of justice. It is uncaptured private property, whose owners have established their titles by unquestionable evidence; or, if captured, taken under a misapprehension of its true condition, without full information in regard to it, yet still so far under executive control as that your excellency has power to restore it to its bona fide owners, and thus to administer justice.

The banks, knowing that the coin had never been captured, and supposing that your excellency's purpose in directing it to be brought here was, not to change its character in any way or to impress any new quality upon it, but simply to remove it from Georgia to this city, leav ing its legal status to be ascertained thereafter, and believing that the new light thrown on the case would enable and authorize the Secretary of the Treasury to grant relief, and that he was the proper person to whom to apply in the first instance, presented their petition to him, asking a restoration of their coin. It is believed that had that officer regarded himself as possessed of the power to grant the relief, he would readily and cheerfully have done so, prompted by high sense of justice, and by intelligence that could not fail to see that to deny it under the circumstances would involve a wrong which a just man shrinks from committing.

On considering the case, Mr. McCulloch doubted his power to grant the relief. He certainly had authority to refuse it. This he did not do, but referred the case to the Attorney-General for his opinion, and propounded two questions:

1. "Whether the coin should or should not be restored to the claimants?"

2. "If it should be, by whose order; that of the President, or Secretary of the Treasury?".

The opinion is among the papers. While they were before the Attor ney-General the statement of General Steadman was obtained, showing that he never captured the coin; that he regarded it as the property of the banks; that he gave their officers a "safe-conduct" to protect it, and would never been interfered with by him but for the order from Wash. ington City.

In the opinion of the Attorney-General it was suggested that General Steadman should be further examined. Accordingly he was re-examined, and by Mr. Jordan, the Solicitor of the Treasury. He reaffirms all contained in his original statement, and superadds the important fact that in sending the guard from Washington to Augusta, his object was to prevent persons prowling about the country from robbing, "and to protect the gentlemen in possession of the coin as their property in Augusta." It thus appears, beyond all dispute, that at the time of the order from Washington the coin, so far from being captured, was in possession of the agents of its owners at Augusta, and protected as such by the guard of a major-general of the United States Army.

In reply to the first question propounded to him, the Attorney-General says:

To recapitulate briefly, I am of opinion

1. That the coin should be restored if the President did not intend to direct a capture of the property, and it was not captured in contemplation of law before he issued his order of the 23d of August, 1865; and

2. That if the property was captured property in the hands of General Steadman before and at the time that order was issued, it should not be restored.

It will be observed that the Attorney-General suggested a re-examin ation of General Steadman. He was re-examined. His evidence is in the papers. On its "legal effect" Mr. Jordan was directed to report, and in his report he says: "As to the effect of the statements of General Steadman, it appears to me that the assumption of the possession of the coin in question was not intended as a capture. General Steadman, who gave the immediate order for assuming control thereof, simply conformed to the directions of his superior officer, the President of the United States. He neither proceeded upon any views of his own, nor did he assume to understand those of the President." Mr. McCulloch, in his letter to your excellency, concedes that it is clearly established" that the coin can only be regarded as captured in virtue of your order. It is, then, undeni able, and admitted on all hands, it was not captured before that order. The first question is, did your excellency design by that order to constitute a capture; or were you, in making it, simply directing the disposition of property you believed at the time to have been captured! This is a question which you alone and personally have to decide. Permit me to suggest that there was nothing in the report of General Steadman to justify the idea that he had made a capture, and nothing disclosed at the time to enable you understandingly to decide as to the true status of the property. In this condition of the matter it was but proper that (without full information on the subject) you should see that the property was so placed as that the right direction might be given to it; and hence, I infer it was ordered to be delivered to an agent of the Treasury specially sent for the purpose, brought to this city, and put on special deposit, subject to any subsequent order that new facts in regard to it might show to be just and proper.

It is believed, Mr. President, that you never could or would have desigued to direct a capture of the coin (so as to deprive its owners of it)

had you been fully informed of all the circumstances attending it; that in very truth at the time of your order it was in the possession of its owners' agents, having a passport from General Terry at Richmond, addressed to "all officers of the United States and others", requesting assistance for them in its transportation; that it had been and was then protected by order of General Steadman, who advised the removal of it from Washington to Augusta as a place of safety, and who had no thought or intention of interfering with it but for the order from this city; in brief, that it was private property in the hands of its owners, who were bringing it home by permission of competent military authority, protected by the orders of two major-generals, nearly three months after your proclamation of amnesty, and when no arm was raised in hostility to the government and laws of the United States.

In this connection permit me to remind your excellency that it is held by an unbroken current of authority that to constitute a legal capture of private property, even in time of war, it must be taken from "hostile possession." This coin was not only not in "hostile possession," but it was in the peaceful possession of its owners, shielded by your proclamation of amnesty (unless they possessed more than $20,000 worth of property, which could only be taken by regular legal proceedings under the confiscation act of Congress), and protected by the arms and (they sup posed) by the honor of the government; and the appeal is now confidently made to you, with full authority in the premises, for its restoration.

If you did not design to make a capture by your telegram of the 23d of August, then the coin remains uncaptured to this hour, and, as a matter of course, the Secretary of the Treasury will be directed to deliver it to its owners. But even if you did so design, still the power resides in you to reconsider that order, and, in the light of the facts disclosed by the petition and accompanying evidence, now to revoke it and administer justice in the premises. That you have this authority, I cite the opinions of your law-officers, the Attorney-General and the Solicitor of the Treasury.

The second question presented is, will you exercise this authority? The coin is the private property of the banks of Virginia-theirs exclusively. In the dissolving scenes of the rebellion they sought to save it from the hand of violence. They were robbed of it all at one time; but it was ascertained to be private property, when a portion was restored. It was deposited in a place of safety, and its locality dis closed to the federal authorities, who recognized their rights, and sought to protect them. When bringing it home under this protection, the government is informed (not of all the facts, but) that a subcommissioner of the Freedmen's Bureau laid some claim to it on the ground that it was "abandoned property," and upon that information it is ordered to be brought to Washington City, and is now on special deposit in the Treasury. It is shown never to have been captured, unless the President's telegram of the 23d of August was designed as, and of itself constituted, a capture. A petition is presented to the Secretary of the Treasury asking its delivery to its owners. He conceives that he has no power to dispose of it until the President directs its disposition. By direction of the President it is now on. special deposit, and he refers the subject to your excellency and awaits your orders.

Upon a survey of all the facts, as I have faithfully detailed them, the undersigned cannot doubt that good faith, law, honor, and every consideration which should control the action of a just man and an upright officer, all conspire to show that the petitioners are fairly and legally

entitled to their property; and I respectfully ask that your excellency will at once direct the Secretary of the Treasury to restore it to them. I have the honor to be your obedient servant, &c., JAS. M. SPEED,

WASHINGTON CITY, February 20, 18C6.

Of Virginia.

To the honorable Senate and House of Representatives of the United States of America in Congress assembled :

The undersigned, in behalf of certain creditors of the Bank of Virginia and of the Farmers' Bank of Virginia, corporate companies, chartered more than twenty years since by the legislature of Virginia, respectfully represent: That the said banks (as authorized by an act of the legislature of Virginia passed since the war) have gone into liquidation, and under an order of the United States court at Richmond, Va., in 1871, the assets of said banks were sold, and we, as representing a large number of the creditors of said banks, became the purchaser of certain coin, amounting to about one hundred thousand dollars, which was covered into the Treasury of the United States by joint resolution of Congress approved 22d of March, 1867, and that the said banks were the rightful and lawful owners of said coin, as will appear from the following statement of facts:

The banks were located in Richmond, Va. The day previous to the evacuation of that place by the rebel forces, in April, 1865, anticipating the danger of its loss during the season of disorder and confusion usually attending the capture and occupation of hostile cities, the directors of said banks procured transportation and sent their coin, in custody of the employés, to the town of Washington, in the State of Georgia.

On the 28th day of April, in the same year, when order had been established by the United States authorities, they desired to bring back said coin to said city of Richmond, and procured from the district commander, General Patrick, the passes for travel for the purpose, together with a request from that officer to the United States military authori ties along the route to afford the agents of the banks the necessary facilities; that, having taken the coin from the banks at Washington, said agents were proceeding toward Richmond with it, when they were at tacked by robbers, and, deeming it unsafe to proceed, returned to Washington, Ga., and again deposited the coin in bank there for safety. Shortly afterward said coin was seized by the United States provostmarshal at that place, but the facts being stated to the department commander, he ordered it restored to the agents of the banks.

In July of the same year it was again deemed safe to attempt the return of the coin to Richmond, and General Terry, commander of the Department of Virginia, issued to the bank-agents the proper authority for the purpose, and also requested the military authorities along the route to afford said agents necessary facilities in carrying out the undertaking. On arriving at Washington, Ga., the agents of the banks were advised that General Wild, in charge of the Freedmen's Bureau at that place, objected to removal of the coin, claiming it as being the property of the rebel government, but by appealing to the commander of the Department of Georgia the bank-agents were allowed to take their coin. Deeming it still imprudent to attempt its transportation across the country to Richmond, said agents took it to Augusta, Ga.