Confederate Gold and Silver (78 page)

After taking a few minutes to personally examine the items Paul had produced from the cardboard box and after allowing the various state representatives time to examine them as they sat on the table adjacent to where he sat, Judge Morgan acknowledged Paul’s presentation to the court.

“Very well, Mr. Waring, the court will take your recommendations under advisement. The court wants you to retain possession of the letters, the gold watch, and the other items for now. You may use them in the documentary film you are making, but keep them safe as I am holding you responsible for their safety.”

“Yes, Your Honor.” As he packed the items back into the cardboard box, Paul held out hope he had gotten his points across to the court.

Looking up from where he sat, Judge Morgan saw most of those who were present were shaking their heads in silent agreement to what Paul had just recommended. “From what I am seeing from each of you it appears the ten states seated before me, as well as the National Park Service, agrees with Mr. Waring’s recommendations regarding the letters and the other items he has shown us. Does any state, or the Park Service, not agree with that assessment of mine? Speak now if you do.” The lack of any opposition to Paul’s recommendations was noted by Judge Morgan. It was also noted in the official transcript of the day’s proceedings.

“Now, Mr. Waring, is there anything else you wish to offer to the court?”

“There is, Your Honor. I would like to speak to the court regarding the stipulations we would like to see imposed on those states and the Park Service if they are granted any portion of the found money. We would like to make a brief recommendation on that.”

“Please explain to the court what you mean by the term
stipulations
.”

“Your Honor, we would like the court to mandate this money, money which was either seized during the Civil War or donated to the Confederate cause by citizens of the Confederacy, be used for the preservation of Civil War sites or for the acquisition of additional properties which are now currently privately owned. My friends and I simply define these additional properties as being those locations where significant Civil War battles were fought. It is land which has yet to be preserved for our future generations to visit. We are hoping the court will restrict the usage of the money solely for the purposes I have mentioned here today. We also hope the court will mandate these funds cannot be used for any other reasons, such as administrative costs or for other projects. The money, as I have already suggested, belongs to the people. They deserve to see it used to remember and to protect our past. Our past is now our nation’s history; the sacrifices so many young men made during that terrible war are an important part of our history.”

Paul paused for a moment as he knew the emotions of the moment had started to effect his presentation. Gathering himself, he continued. “Your Honor, we found two cannons in a small cemetery here in Charleston, a cemetery which obviously has been neglected over the years for one reason or another. It is quite likely the neglect occurred because of a lack of funding. If mandates are to be placed upon the states, and if Charleston is to receive a portion of the money, we would like to see Charleston mandated to care for that cemetery. It is the final resting spot for several military veterans; men and women who answered the call to duty when our country needed their services. We believe their final resting spot deserves better care than what it is currently receiving.”

Taking another moment to collect his thoughts, and to make sure he had spoken on all of the points he had discussed with Chick and Jayne, Paul spoke for the final time. “Your Honor, my friends and I appreciate you allowing us to address the court today. Thank you.”

After he finished speaking, the large courtroom remained quiet for several moments as the others in the room digested the many recommendations he had made. The silence was soon broken by Judge Morgan.

“A very impressive presentation you have made today, Mr. Waring. You and your friends have done great things recently. Today you have raised several valid points for the court to consider. Well thought out. Thank you.” As they listened to Judge Morgan’s comments, Jayne and Chick both realized there had not been any objections voiced to the court regarding Paul’s recommendations.

“Before I adjourn this meeting for the day, I would like to offer each of you one last opportunity to make any final comments to the court.” It was quiet in the courtroom for several seconds, then Mayor Davis motioned to Judge Morgan.

“Your Honor, if I may?”

“Please do, Mr. Mayor.”

“Sir, as you know I represent the city of Charleston, not the state of South Carolina. While I do not have a say in how the money is to be disbursed, I would like to offer to the court the city of Charleston supports each of the recommendations made here today by Mr. Waring. As mayor, I hope the court will set aside a portion of the available funds for our city due to the unique role we had in the Civil War. However, whether or not the court allocates us any portion of the found money, I promise the court and Mr. Waring that we will make sure the cemetery he has mentioned gets cared for better than it has been. It no longer matters whether it’s privately owned or a city cemetery. We will start to take better care of those who once took care of us. I would also like to publicly commend Mr. Waring and his colleagues for their position regarding the found money. I’m not sure many people these days would have taken such a position. It is refreshing to know people with such strong convictions still exist. Thank you, Your Honor.”

Virginia’s Attorney General rose to address the court again.

“Yes, Mr. Tolomeo?”

“Your Honor, if I may. The state of Virginia has a long and proud history of fighting for our freedom. Our forefathers fought bravely in both the Revolutionary War and the Civil War; today is no different. Today it is our sons and daughters who continue to protect our freedoms by serving in our armed forces. We are a state whose soldiers and residents endured so much during the Civil War. Like many states here today, Virginia was a state who lost so many of its fine young men during that terrible war. As we have fought without hesitation in the past for our freedoms, today Virginia again does not hesitate to support all of the recommendations made by Mr. Waring. I am somewhat embarrassed our presentation was not as thoughtful or as well presented as his was. I now believe my fellow representatives and I would be foolish not to collectively support Mr. Waring’s recommendations. If we do not, then I fear this matter will be tied up in the courts for possibly years and then the courts will have the final say in what to do with the money. Mr. Waring has offered fair and sensible solutions here today for the disbursement of the money. Virginia sees no reason not to accept his recommendations. As a former member of the Confederacy, Virginia will be pleased to just receive a fair share of the treasury that was once partially ours. I promise that our fine state will obey any mandates the court imposes regarding the use of the money. I urge all of you to do the same. Thank you.”

Two other states, Georgia and North Carolina, who had earlier followed Virginia’s lead in supporting Paul’s initial recommendations, again supported Virginia’s position on accepting the other recommendations he had made. Mississippi and Alabama also concurred with the comments Mr. Tolomeo had made. They strongly recommended that immediate approval be given to all of Paul’s recommendations.

As Judge Morgan prepared to end the meeting, he asked South Carolina’s Attorney General, Carol Lemieux, if she would also support the recommendations Paul had made.

“Your Honor, while the state of South Carolina does not object to any of Mr. Waring’s recommendations, we will, as it seems to be our history, not go along with the popular vote at this time. However, we will go along with whatever distribution of this money the court decides upon. I promise the court that South Carolina will not lead another insurrection over this matter as we are still smarting from the first one we led.”

Her comments drew laughter from all in the room. Soon Judge Morgan concluded the meeting. As he did, he promised he would make his recommendations known to the Wilmington office of the United States District Court for the Eastern District of North Carolina within two weeks.

******

In the days following the meetings in Charleston, Paul and his friends met on two occasions to begin the planning of their documentary film. Plans were soon put into place to conduct the research needed for the documentary and to start the shooting of the exterior scenes. Those scenes would be shot in both North Carolina and South Carolina once spring began. They all agreed Jayne, Chick, and Paul would be responsible for writing the script for the documentary. The decision was made to start this part of the project by the end of the April.

On March 26th, the United States District Court for the Eastern District of North Carolina announced their decision on how the gold and silver was to be divided between the various states and the National Park Service. Before the decision could be made public, it had been leaked to a reporter in North Carolina by an employee of the court. The announcement was first made known to Paul and his colleagues, and to Mayor Davis, almost a week later. It was made known to them through a special meeting Judge Morgan arranged at the United States District Court on Broad Street in Charleston. On the day Paul and his colleagues learned how the gold and silver was to be disbursed; several newspapers ran stories in their morning editions regarding the court’s decision.

In their decision the court first wrote it had taken notice of the fact that several states had voiced their support of the recommendations Paul had made. The court also noted no states had voiced any objections to the recommendations that had been made. The court also wrote they had concurred with several recommendations Judge Morgan had made.

The court did make one significant change to how everyone thought the money would be disbursed. Because of the historical value of both the coins and the gold and silver bars, the court elected to have Paul and his colleagues assist the three independent examiners with the disbursement of the found assets. The assets would be evenly shared between those states that had comprised the Confederate States of America. This was done as the court, through Judge Morgan, had reached out to Paul to determine if he and his colleagues would assist the examiners with making the disbursement to the states. In agreeing to do so, Paul, Chick and Jayne declined the court’s offer of a small stipend for their services. By doing so they had remained true to their word. They would not profit in any way for finding the Confederate treasury. The court specifically ordered only those states that had been present at the meeting in Charleston were to receive portions of the found money. The court’s decision also advised that Judge Morgan would conduct a final review of the disbursement of the money to the states and to the Park Service. This would be done to assure the disbursement had been done equitably. As the court awarded similar shares of the found money to each of the states, the court also awarded a similar share to the United States government, specifically to the Park Service. The court’s decision dismissed any and all other claims which had been filed against the found money.

The court’s decision mandated disbursement of the assets to ten states who had once been part of the Confederate States of America. The National Park Service would be the only other governmental agency to receive any portion of the assets. Sharing of the assets was to occur after Paul and his colleagues had disbursed equal shares of the first million dollars to the states of Virginia, North Carolina, South Carolina, Georgia, and Mississippi. That initial disbursement would be followed by a similar disbursement of two million dollars to the Park Service. The court’s decision agreed with Paul’s logic about maintaining the nation’s national parks for the generations that followed. Both the Gettysburg National Military Park and the Fort Sumter National Monument would each receive one million dollars in funding for repairs, maintenance, and continuing education programs. The Park Service also was granted permission to use a portion of the money for land acquisitions in and around the Gettysburg National Military Park. To the surprise of almost everyone, the court also agreed with Paul’s comments concerning the upkeep of our national parks. Citing the upcoming one hundredth anniversary of the nation’s first national park, the court awarded the Park Service an additional one million dollars. The Park Service was directed to dedicate these funds solely for repairs and improvements to the ten busiest national parks across the country.

For their efforts in finding the gold and silver, and for their services in helping to disburse the found money, the court awarded Paul and each of his four colleagues a token gesture of three gold Liberty Head dollars, two gold Liberty Head twenty dollar coins, five gold Liberty Head ten dollar coins and two Seated Liberty silver dollars. It came as a complete surprise to them that the court had granted them any of the Confederate treasury, but as he had with the previous clues, Paul soon figured out it had been based on a recommendation Judge Morgan had made in his writings to the court. Paul was also pleased to learn the court awarded him three thousand dollars for his out-of-pocket expenses incurred during the hunt for the missing money.

The court’s decision also awarded the city of Charleston one hundred and seventy-five thousand dollars so the city could host the Civil War’s Anniversary Celebration. From that allocation, Charleston was mandated by the court to set aside twenty-five thousand dollars and place it in a special fund. Those funds were to be specifically earmarked for the maintenance and upkeep of the city’s public and private cemeteries where Civil War and other war veterans had been buried.

The court also took time to give special recognition to Duke Johnson’s family. The court’s decision spoke at length about the compassion the Johnson family had given to the grave site of the three Confederate soldiers for so many years. The court also recognized the Johnson family for their generous donation of a parcel of their farmland so a North Carolina state park could be built. Citing those two points, the court awarded the Johnson family one hundred and fifty thousand dollars. After hearing about the court’s decision, Duke joked with Paul that his family had been paid around one thousand dollars per year for maintaining the grave site for the past one hundred and fifty years.