« ForrigeFortsett »
list shall be paillehed, requiring all persons to appear and incapable of holding or exercising any office of dischar_ed; and on tailure of such persons to appear, their honor, trust, or profit under the Government of slaves shall be declured free, and on appearance the chair the United States; which was agreed to-yeas ast shall file an affidavit that he has not been engaged in 84, nays 66, as follows: rebullion, or aided and abetted it, or if engaged under com. pulsion must show it, and if proved that ho was not eugaged
YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, lo re ellion his slaves shall be returned to him; but on taila Baker, Baxter, Beanan, Bingham, Francis P. Blair, Blake, urt of such proof, or on the failure or refusal to take the Butlinton, Burnham, Chamberlain, Clark, Colfax, Federick foregoing affidavit to prove the con pulsion when alleged as
A. Conkling, Roscoe Conkling, Covode, Davis, Dawes, Duell, an excuse, the court shall declare the person so claimed as
Dunn, Edgerton, Edwards, Ely, Fessenden, Fisher, Franfree, and grant him a certificate of the same under seal, and chot, Frank, Gooch, Goodwin, Gurley, Hale, Hanchett, shall be conclusive evidence of his freedom. And all 'per-Hickman, Hooper, Hutchins, Julian, Kelloy, Francis W. BMV 10 (-clared freo, if seized, shall bo forthwith discharged Kellogg, Killinger, Lansing, loomis, Lovejoy, Low, Mc. on habeis corpus; and the court, acting on said writ, shall Knight, MePherson, Mitchell, Moorhead, Ansun P. Morrill, commit for trial for kidnapping the person so holding the Justin 8. Morrill, Nixon, Timothy G. Phelps, Pike, Pomefreed man, and on conviction imprisoned for not for sth in
ry, Porter, Potter, Alexander H. Rice, John H. Rice, Ridone or more than five years, and any one swearing falsely dle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Shellashall be guilty of perjury.
barger, Sloan, Spaulding, Stevens, Stratton, Train, Trimble, Szc. 3. That if any person held to labor by one engaged Trowbridge, Van Horn, Van Valkenburgh, Verree, Wall, id rebellion, if omitted from the commissioner's list may, on Wallace, Washburne, Albert S. White, Wilson, Windom, summary application to the district court, be placed on the
Worcester-84. last, and to be treated in every way the same as if his name
NAP8_Messrs. William J. Allen, Baily, Biddle, Jacob B. bad been placed on the list by the commissioner.
Blair, George H. Browne, William G. Brown, Calvert, ClemCommissioners shall have ample time to complete their onts, Cobb, Corning, Cor, Cravens, Crittenilen, Delano, Delalists.
plaine, Dunlap, English, Fouke, Granger, Grider, Maight, SEC. 4. That no such person or his descendants shall ever Harding, Harrison, Holman, Horton, Johnson, William Kel again be reduced to involuntary servitude, and every such loge, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mal. person shall be entitled to discharge from such service on lory, May, Maynard, Menzies, Noble, Noell, Norton, Nugen, habeas corpus.
Pendleton, John S. Phelps, Price, Robinson, James S. Rollins,
Segar, Sheffield, Shiel, Smilh, John B. Steele, William G'. Which was rejected-yeas 16, nays 126. The Steele, Stiles, Benjamin F. Thomas, Francis Thomas, ValYeas were
landigham, Vibbard, Voorhees, Wadsworth, Ward, Webster, Messrs. Roscoe Cookling, Dunn, Frank, Goodwin, Kill
Chilton A. White, Wickliffe, Woodruff, Wright-66. inger, Loomis, McKnight, Justin 8. Morrill, Nixon, Olin, June 18-The House passed a bill reported in Patton, Timothy G. Phelps, Porter, Stratton, E. P. Walton, pursuance of these instructions—yeas 82, nays Worcester-16.
34. It was not considered in the Senate; but The original bill reported from the commit- emancipation clauses were inserted in the contee was then negatived-yeas 74, nays 78; as fiscation bill, and agreed to by both Houses. follows:
During the pendency of another bill (107) to Y245-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, forfeit the property and slaves of persons who Baker, Baxter, Beaman, Francis P. Blair, Samuel S. Blair, shall engage in, or aid and abet, armed rebelFrederick A. Conkling, Roscoo Coukling, Cutler, Davis, lion against the United States, Duell, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Frank, Gooch, 'Goodwin,' Gurley, Hanchett, Hickman,
1862, April 22-Mr. BINGHAM offered a subHooper, Hutchins, Julian, Kelley, Francis W. Kellogg,
stituteLansing, Loomis, Lovejoy, McKnight, McPherson, Moor That if any person or persons, within any State or Terri. head, Anson P. Morrill, Justin S. Morrill, Olin, Patton, tory of the United States, shall, after the taking effect of Tilaothy G. Phelps, Pike, Pomeroy, Potter, John H. Rice, this act, engage in armed rebellion against the Government Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, of the United States, or shall aid or abet such rebellion, all Sloan, Spaulding, Stevens, Trowbridge, Van Ilorn, Van the property, moneys, stocks, credits, and effects of such Valkenburgh, Verree, Wall, Wallace, E. P. Walton, Wash- person or persons are hereby declared lawful subjects of burne, Wheeler, Albert S. White, Wilson, Windom, Wor prize and capture, wherever found, for the indemnity of the cester-74.
United States against the expenses of suppressing such re NAY-Messrs. Allen, Ancona, Baily, Biddle, Jacob B. bellion; and it is hereby made the duty of the President of Blat, Gerge & Browne, William G. Brown, Calrert, Clem- the United States to cause all such property, wherever ents Cobb Corning, Cox, Cravens, Crisfield, Crittenden, found, to be seized, to the end that the same may be contisDawes, Delano, Diven, Dunlop, Dunn, English, Fisher, cated and condemned as hereinafter provided for the use of Granger, Grider, Haight, Hall, Ilarding, Harrison, Holman, the United States. Horton, Johnson, William Kellogg, Kerrigan, Killinger, SEC. 2. That all property bo captured or seized shall be Krapp, Law, Lizeir, Leary, Lehman, Mullory, Maynard, condemned in the district courts of the United States, and Menzies, Mitchell, Nixon, Noble, Noell, Norton, Nugen, that the proceedings of condemnation shall be in rem, and Uuell, Pendleton, Perry, John S. Phelps, Porter, Price, Alex shall be instituted and prosecuted in the name of the United ander H. Rice, Richardson, Robinson, James S. Rollins, Se- States in any district court of the United States within any gur, Shefjell, Shiel, Smith, John B. Steele, William G. Stecle, district in which the same may be seized or situate, or into etratton, Benjamin F. Thomas, Francis Thomas, Train, which the same may be taken and proceedings first instiTrimble, Vallunu igham, Voorhecs, Musworth, Ward, Welo tuted, and which proceediugs shall conform a nearly as ster, Whaley, Wicklille, Wood, Woodruff–78.
may be to proceedings in prize cases, or to cases of forfeitMay 27-Mr. Porter moved to reconsider ure arising under the revenuo laws; and in all cases the this votc. A motion to table the motion to re-sonal, shall be sold pursuant to such rules as the Secretary
property so seized and condemned, whether real or perconsider was lost-yeas 69, nays 73.
of the Treasury may prescribe, and the proceeds deposited June 4 The motion to reconsider was agreed in the Treasury of the United States for tho sole use of the
United States. to-yeas 84, nays 65; and
Sec. 3. That the Attorney General or any district attorney Mr. PORTER mored that the bill be recom of the United States of any district in which the said prop mitted to the Committee with instructions to erty or effects may at the time be, or into which the same prepare a substitute, providing that the slaves may be taken, shall institute the proceedings of condemna
tion as hereinbefore provided. of the persons included in the classification in
Which was agreed to-yeas 62, nays 48; as the confiscation law, are declared forever dis- follows: charged from service or labor, and providing YEAs-Messrs. Aldrich, Arnold, Ashley, Babbitt, Baker, for an enrolment of them by commissioners, Beaman, Bingham, Samuel 8. Blair, Blake, Buslinton, Burnand the action of United States judges, as indi-bam, Chamberlain, Colfax, Frederick A. Conkling, Roscoe cated in other amendments, for colonization of Fenton, Franchot, Frank, Gooch, Grunger, Gurley, Hooper,
Conkling, Covode, Cutler, Davis, Duell, Edwards, Eliot, Ely, them in Mexico, Central or South America, or Julian, Kelley, Francis W. Kellogg, Lansing, Loomis, Love the Gulf Islands, with homesteads, and declar-joy McKnight, McPherson, Mitchell, Moorhead, Nixon,
Noell, Patton, Timothy G. Phelps, Pike, Porter, Potter, John ing overy person embraced the classification H. Rice, Riddle, Edward H. Rollins, Sargent, Shanks, Shel
labarger, Stovens, Stratton, Trimble, Trowbridge, Van Horn, / tion of the same, or to any person or persons in any Stata Van Valkenburgh, Albert S. White, Wilson, Windom, Wor- or district within the United States, now in a state of is. cester-62.
surrection and rebellion against the authority thereof, 80 Narz-Messrs. Allen, Joseph Baily, Baxter, Biddle, Francis that in either case the ordinary process of law cannot to P. Blair, Jacob B. Blair, George 11. Browne, William G. served upon them, who shall during the present rebellion Erown, Culvert, Casey, Clements, Cor, Crisfell, Crittenden, be found in arms against the United States, or giving and Diven, Dunlop, Grider, Hall, Harding, Ilarrison, Hickman, and comfort to said rebellion. Kerrigan, Knapp, Law, Lehman, Mollory, May, Menzies,
And to insert in lieu thereof the following: Justin s. Morrill, Morris, Noble, Norton, Odel, Olin, James S. Rollins, Sheffield, Smith, Jólm B. Steele, Benjamin F. First. Persons hereafter acting as officers of the army or Thomas, Francis
Thomas, Vailandigham, Fibbard, Voorhees, navy of the rebels now or hereafter in arms against the E. P. Walton, Wurd, Chillon A. White, Woodrujl, Wright United States. Second. Persons hereafter acting as Presi-48.
dent, Vice President, member of Congress, judge, foreign Mr. E. P. Walton offered a substitute, defin- minister, consul, or commissioner of the so-called Confede ing the crime of treason, and affixing a penalty whether civil, military, or naval, of any State or Territory of death, or imprisonment and fine, on convic- who by the Constitution of the so-called Confederate States tion or confession, and his slaves shall be free.
is required to take an oath to support said Constitution.
Fourth. Persons who having held an office of honor, trust, The President is authorized to appoint commis- or profit under the United States, shall hereafter take up sioners to sequester and seize the property, real arms against the United States. Fifth. Persons who, owoand personal, of persons bearing arms against portions of disloyal States, shall hereafter assist or give uid the United States, or giving them aid and com and comfort to the present rebellion. fort, and is also authorized to grant pardon Mr. King moved to amend by adding: and amnesty. These are the concluding sec Sixth. Persons in the present insurrection levying war tions:
against the United States or adhering to their enemies, girSec. 6. And be it further enacted, That if any State, or ing them aid and comfort. part thereof, in which the inhabitants have by the President Which was rejected-yeas 7, nays 32, as folbeen declared in a state of insurrection, the said insurrection shall have continued for a period of six months, then and in that case the President is hereby authorized, if in YEAS-Messrs. Chandler, Grimes, King, Pomeroy, Trunhis opinion it shall be necessary to the successful suppres-bull, Wade, Wilkinson-7. sion of said insurrection, by proclamation to fix and appoint NATS-Messrs. Anthony, Browning, Carlile, Clark, Cowan, a day when all persons holden to service or labor in any Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Hale, such state, or part thereof as he shall declare, whose ser- Henderson, Howard, Lano of Indiana, Lano of Kansas, Like vice or labor is by the law or custom of said State duo to tham, Morrill, Nesmith, Powell, Siulsbury, Sherman, Sim. any person or persons, who, after the day so fixed by said mons, Stark, Sumner, 'Ten Eyck, Thomson, Willey, Wilson proclamation, shall levy war or participate in insurrection of Massachusetts, Wilson of Missouri, Wright-32. against the United States, or give aid to the same, shall be free and discharged from all such claim to labor or service;
The amendment of Mr. SHERMAN was then and thereupon said person shall be forever free and dis: agreed to-yeas 26, nays 11, as follows: charged from said labor and service, any law or custom of said State to the contrary notwithstanding,
YEAs-Messrs. Anthony, Browning, Chandler, Clark, Sec. 7. That whenover any person claiming to be entitled Cowan, Davis, Dixon, Doolittlo, Fessenden, Foot, Foster, to the service of any other porson as a blavo shall seek to Grimes, Hale, Henderson, Howard, Howe, Lano of Indiana, enforce such claim, he shall, in the first instance, and as
Nesmith, Sherman, Simmons, Sumner, Ten Eyck, Thomason, preliminary to the trial of such claim, show satisfactorily Willoy, Wilson of Massuchusetts, Wright-28. that he and the person to whom baid service was claimed to
Nars-Messrs. Carlile, King, Lane of Kansas, Mortill, be due during the period of insurrection or rebellion was
Pomeroy, Suulsbury, Slark, Trumbull, Wade, Wilkinson, loyal to the United States.
Wilson of Missouri-11. Which was rejected-yeas 33, Days 69, as
The bill was referred to a select committee, follows:
and was not reported; but this classification YEAS--Messrs. Baxter, Francis P. Blair, William G. Brown, was introduced into the confiscation act. Calorrt, Casey, Clements, Roscoe Conkling, Crittenden, Dunlup, Dunn, Fisher, Goodwin, Granger, Grider, Gurley, Hard SECOND AMENDATORY JOINT RESOLUTION. ing, Harrison, McKnight, McPherson, Mallory, Menzies, Mitchell, Moorhead, Justin S. Morrill, Nixon, Olin, Edward First Session, Thirty-Eighth Congress, H. Rollins, James S. Rollins, Shathield, Shellabarger, Stratton, E. P. Walton, Worcester-33.
IN HOUSE. NAYS-Messrs. Aldrich, Allen, Arnold, Ashley, Babbitt, 1864, February 5—The House passed this Joseph Baily, Baker, Beaman, Biddle, Bingham, Jacob B. Blair
, Samuel S. Blair, Blake, George H. Browne, Butlinton, joint resolution: Chamberlain, Colfax, Frederick A. Conkling, Covode, Chr, That the last clause of a “joint resolution explanatory Cutler, Davis, Duell, Eliot, Ely, Fenton, Franchiot, Frank, of ' An act to suppress insurrection, to punish treason and Gooch, Ilickman, Julian, Kelley, Francis W. Kellogg, ker rebellion, to seizo and confiscate the property of rebels, and rigon, Knapp, Lansing, Law, Loomis, Lovejoy, May, Morris, for other purposes,'” approved July 17, 1862, be, and the Noul, Noell, Odell, Patton, Timothy G. Phelps, Pike, Potter, same hereby is, so amenied as to read: "nor shall any puno John II. Rice, Riddle, Sargent, Shanks, Smith, John B. Slcele, ishment or proceeding under said act be so construed as to Benjamin F. Thomas, Francis Thomas, Trimble, Trowbridge, work a forfeituro of the estate of the offender contrary to Vollanuigham, Van Horn, Van Valkenburgh, Voorhees, Wall, the Constitution of the United States: Procidud, That no Ward, Albert S. White, Chilton A. White, Wilson, Windom, other public warning or proclamation under the act of July Woodruff, Wright~69.
17, 1862, chapter ninety-five, section six, is or shall be reMr. PORTER also proposed a substitute, which quired than the proclamution of the President, inade and was rejected-yeas 30, nays 72.
published by him on the 25th day of July, 1862, which
proclamation so made shall be received and held sufbcient April 23--The bill was tabled-yeas 59, nays in all cases now pending, or which may hereafter arisa 52.
under said act." Subsequently a new bill was prepared by the By a vote of yeas 83 to nays 76, as follows: Select Committee, to whom, April 24, the whole YEAS-Messrs. Alley, Allison, Ames, Anderson, Arnold, subject was referred.
Ashley, John D. Baldwin, Baxter, Beaman, Blow, Boutwell,
Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas
T. Davis, Dawes, Deming, Donnelly, Driggs, Eliot, FarnsPending the consideration of a bill to confis- Hooper, Hotchkiss, Asahel W. Hubbard, John H. Huliland,
worth, Fenton, Frank, Garfield, Gooch, Grinnell, Higby, cate the property and free the slaves of rebels, Tulburd, Jenckes, Julian, Kasson, Kelley, Francis W. Kel1862, April 24-Mr. SUERMAN moved to strike loge. Orlando Kellogg, Lonn, Longyear, Marvin, McBride,
McClurg, McIndve, Samuel F. Miller, Moorhend, Morrill, from the first section the words:
Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles Belonging to any person or persons beyond the jurisdic- O'Neill, Orth, Patterso Perham, Pike, Pomeroy, Alexander
H. Rice, John H. Rice, Edward H. Rollins, Schenck, Scofield, held for the full indemnity of any true and loyal citizen, a Shannon, Sloan, Smithers, Spalding, Stevens, Thayer, Tracy, resident of these Confederate States, or other person aiding Upson, Van Valkenburgh, Ellihu B. Washburne, William B. said Confederate States in the prosecution of the present Washburn, Williams, Wilson, Windom, Woodbridge-83. war between said Confederate States and the United States
NATS-Messrs. James C. Allen, Ancona, Baily, Augustus of America, and for which bo may suffer any loss or inC. Balvin, Jacob B. Blair, Bliss, Brooks, James S. Brown, jury under the act of the United States, or of any State William G. Brown, Chanlar, Clay, Cofroth, Cox, Cravens, thereof, authorizing the seizure or confiscation of the Dawson, Denison, Eden, Edgerton, Eldridge, Finck, Ganson, property of citizens or residents of the Confederate States, Grider, Harding, Harrington, Benjamin G. Harris, Herrick, or other persons aiding said Confederate States, and Holman, Hutchins, William Johnson, Kalbfleisch, Kernan, the same shall be seized and disposed of ag provided Kini, Knapp, Law, Lazer, Le Blond, Long, Mallory, Marcy, for in this act: Provided, how When the estate, propMeD nell, Ac Kinicy, Middleton, Wm. H. Miller, James R. erty, or rights to be effected by this act were or are within Morris, Morrison, Nelson, Noble, Odell, John O'Neill, Pen- some state of tbis Confederacy, which has become such dieto, Prum, Radford, Samuel J. Randall
, William H. since said twenty-first day of May, then the act shall operRandall, Robinson, Rogers, James S. Rollins, Ross, Scott, ate upon and as to such estate, property, or rights, and all John B. Steele, William G. Steele, Stiles, Strouse, Stuart, persons claiming the same from and after the day such Sweat, Thomas, Foorhees, Wadsworth, Webster, Whaley, State became a member of this Confederacy, and not beWheeler, Chilton A. White, Joseph W. White, Winfield, fore: Provided further, that the provisions of this act shall Fernando Wood, Yeaman-76.
not extend to the stocks or other public securities of this IN SENATE.
Confederate Government, or of any of the States of this
Confederacy, held or owned by an alien enemy, or to any February 17–Mr. ReverDY JOHNson, from the debt, obligation, or sum due from the Confederate GovernCommittee on the Judiciary, reported back this ment, or any of the States to such alien enemy. And projoint resolution, without amendment, and with the property of citizens or residents of either of the States a recommendation that it do not pass.
of Delaware, Maryland, Kentucky, Missouri, or the District June 27—Pending the consideration of the of Columbia, or the Territories of New Mexico, Arizona, or
the Indian Territory south of Kansas, except such of said bill to establish a bureau of Freedmen's Af- citizens or residents as shall commit actual hostilities against fairs.
the Confederate States, or aid or abet the United States in
the existing war against the Confederate States. Mr. TROMBULL offered this as a new section : Sections 2 to 13 provide for the appointment of receiv. And be it further enacted, That the last clause of a joint ers in each county, and impose a penalty of $2,000 on all resolution explanatory of an act to suppress insurrection, who may evdeavor to conceal the ownership of property to punish treason and rebellion, to seize and confiscate the belonging to alien enemies. Section 14 provides for the property of rebels, and for other purposes, approved July 17, appointment of three commissioners to take charge of tho 1662, be, and the same is hereby, repealed.
sequestration fund, and to hear and decide on all claims
against it. The words proposed to be repealed are, “nor shall any punishment or proceedings under said
For its enforcement, the then Attorney Genact be so construed as to work a forfeiture of eral, J. P. Benjamin, issued this circular: the real estate of the offender beyond his natural
DEPARTMENT OF JUSTICE, life."
RICHMOND, September 12, 1861.
Instructions to receivers under the act entitled "An act for June 28–This was agreed to-yeas 23, nays the sequestration of the estates, property, and effects of 15, as follows:
alien enemies, and for the indemnity of citizens of the
Confederate States and persons aiding the same in the YB48_Messrs. Anthony, Brown, Chandler, Connnes, Foot, existing war against the United States," approved Au. Grimes, lialo, Harlan, Harris, Howe, Lado of Indiana, Lano
gust 8th, 1861. of Kansas, Morgan, Morrill, Pomeroy, Sherman, Sprague, Sumner, Trumbull, Van Winkle, Wade, Wilkinson, Wilson
The following porsons are subject to the operation of the
law ay alien enemies : 23. Nars-Yesgrs. Carlile, Clark, Collamer, Cowan, Davis, dents of Delaware, Maryland, Kentucky, or Missouri, or
All citizens of the United States, except citizens or resi. Doolittle, Ilenderson, Hendricks, Hicks, McDougall, Powell, the District of Columbia, or the Territories of New Mexico, Riddle, Saulsbury, Ten Eyck, Willey-15.
Arizona, or the Indian territory south of Kansas. Same day, Mr. HENDRICKS moved to strike All persons who have a domicil within the States with out this section; which was disagreed to, which this Goverument is at war, no matter whether they
be citizens or not: thus the subjects of Great Britain, France, yeas 13, nays 16, as follows:
or other neutral nations, who have a domicil, or are carryYEA5-Messrs. Buckaler, Carlile, Clark, Cowan, Davis, ing on business or traffic within the States at war with this Doolittle, Hendricks, McDougall, Powell, Riddle, Ten Eyck, Confederacy, are alien enemies under the law. Van Winkle, Willey-13.
All such citizens or residents of the States of Delaware, Nars-Messrs. Anthony, Chandler, Conness, Foot, Har- Maryland, Kentucky, or Missouri, and of the Territories of lan, Howe, Lane of Indiana, Morgan, Morrill, Pomeroy, New Mexico, Arizona, and the Indian territory south of Rainsey, Sprague, Sunner, Trumbull, Wilkinson, Wilson Kansas, and of the District of Columbia, as shall commit ac-16.
tual hostilities against the Confederate States, or aid or assist the United States in the existing war against the Con
federate States. “Rebel” Sequestration.
Immediately after taking your oath of ofice, you will
tako 1861, August 6—The “Confederate”. Con. whatsoever within your district belonging to alien enemies
possession of all the property of every nature and kind gress passed a bill " for the sequestration of as abovo defined. the estates, property, and effects of alien ene You will forthwith apply to the clerk of the court for mies, and for the indemnity of citizens of the will propound to the garnishees tho interrogatories of which
writs of garnishment under the Sth section of the law, and Confederate States, and persons aiding the same a form is annexed. These interrogatories you will pro. in the existing war against the United States," pound to the following persons, viz: of which the Richmond Examiner of the follow
1st. All attorneys and counsellors practicing law within
your district. ing Monday gave an abstract.
20. The presidents and cashiers of all banks, and princiThe following is the principal legislative pal administrative officers of all railroad and other corporaclause :
tions within your district.
All agents of foreign corporations, insurance agents, comBe it enacted by the Congress of the Confederate Slates, mission merchants engaged in foreign trade, agents of forThat all and every the lands tenements, and hereditaments, eign mercantile houses, dealers in bills of exchange, execgoods aod chattels, rights and credits within these Confod. utors and administrators of estates, assignees and syndics of erato States, and every right and interest therein beld, insolvent estates, trustees, and generally all persons who owned, possessed, or enjoyed by or for any alien enemy are known to do business as agents for others. since the twenty-first day of May, 1861, except such debts In the first week of each month you will exhibit to tho due to an alieu enemy as may have been paid into tho judge a statement showing the wholo amount of money in Treasury of any one of the Confederate States prior to the your hands as receiver, and deposit the same for safe keeppassage of this law, be and the same are hereby seques-ing in such bank or other depository as may be selected for trated by the Confederate States of America, and shall be that purpose by the judge-reserving only such amount as
may be required for immediate necessary expenditure in the interest therein held, owned, possessed, or enjoyed by or for discharge of your duties as receivers.
any such alien enemy. Whenever, in the discharge of your duties, you discover My office is on the northern side of Main street, in the that any attorney, agent, former partner, trustee, or other city of Richmond, between Tenth and Eleventh streets" person holding or controlling any property, rights, or credits
SEQUESTRATION NOTICE. of an alien enemy, has wilfully failed to give you information of the same, you will immediately report the fact to the
Merchants and all other persons residing in Nansemond, district attorney for your district, to the end that the guilty Norfolk city, city of Portsmouth, Princess Anne, and Ilse party may be subjected to the pains and penalties prescribed of Wight who owe debts to alien enemies, or have property by the third section of the law.
of any kind in their possession, or under their control, be J. P. BENJAMIN, Attorney General.
longing to any such alien enemies, and who have failed and The following interrogatories to garnishees have been neglected to mako report thereof, are hereby notified ibat
unless a report of the said debts and information of said prepared for your use, together with a wote annexed for property is rendered by them to the undersigned, receiver the information of the garnishee:
of this district, on or before Saturday, the 30th instant, they 1. Have you now, or have you had in your possession or
will be reported as delinquents and subject to the fine of under your control, since tho twenty-first day of May last, five thousand dollars imposed by law. (1861,) and if yea, at what time, any land or lands, tene
JOHN T. FRANCIS, ment or tenements, hereditament or hereditaments, chat
Receirer. tel or chattels, right or rigbts, credit or credits, within the Confederate States of America, held, owned, possessed, or
This is a copy of the writ served upon the enjoyed for or by an alien enemy, or in or to which any wife of Hon. Horace Maynard, of Tennessee, alien enemy had, and when, since that time, any right, while he was in Washington, in attendance title, or interest, either directly or indirectly?
2. If you answer any part of the foregoing interrogatory upon Congress, quoted in his speech of May in the afirmative, then set forth, specifically and particu- | 23, 1862: larly, a description of such property, right, title, credit, or
To Hon. WEST H. HUMPHREYS, Judge of the District Court of interest, and if you have disposed of it in whole or in part,
the Confederate States of America for the District of Tere or of the profit, or rent, or interest accruing therefrom, then scato when you made such disposition, and to whom, and where such property now is, and by whom held?
The Confederate States of America, through Landon C. 3. Were you, since the twenty-first day of May, 1861, Haynes, the receiver for the eastern district of Tennessee, and if yea, at what time, indebted, either directly or indi: respectfully represents unto your honor that within the jo
risdiction of this court there are (various items of property rectly, to any alien enemy or alien enemies? If yea, state the amount of such indebtedness, if one, and of eachindebt specifically enumerated.] The said States, by said receiver, edness if moro than one; give the name or names of the longs to one Horace Maynard, who has his domicil and who
show that said property, real, and personal, and mixed, be creditor or creditors, and the place or places of residence, resides in Kentucky, or some one of the States or districts and state whether and to what extent such debt or debts of the United States, and who is in actual hostility to the have been discharged, and also the time and manner of the discharge.
Government of the Confederate States of America, and who 4. Do you know of any land or lands, tenement or tene
adheres to the enemy of said States by speeches, words, and ments, hereditament or hereditaments, chattel or chattels, acts, giving them and and comfort in Kentucky and other right or rights, credit or credits, within the Confederate places in the United States, and is an alien enemy to suid States of America, or any riht or interest held, owned, the counties of Knox and Campbell, in the State and within
Confederate States. All of which aro situate and being in possessed, or enjoyed, directly or indirectly, by or for one or more alien enemies since tho twenty-first day of May, 1861, the district of said rocciver. And the suid Confederate States or in or to which any one or more alien enmies had since in action, are, as said States have been informed by sud re
further representthat thosaid property, debts, claims, chosea that time any claim, title, or interest, direct or indirect? ceiver, under the control and supervision of Mrs. Maynard, If yea, set forth specially and particularly what and where wife of said llorace Maynard, and tho said W. P. Washburn, the property is, and the name and residence of the holder, who resides in Knox county, in this State, which property is debtor, trustee, or agent. 5. State all else that you know which may aid in carry
liable to be seized, under the act of the Confederate con
gress for the sequestration of the estatus, property, and efing into full effect the sequestration act of the 30th of August, 1861, and state the same as fully and particularly as
fects of alien enemies. The said Mrs. Maynard and Wasbif thereunto specially interrogated. A. B., Receiver.
þurn are required to set forth, on oath, and specifically to
describe said property, and debts, and choses in action, as NOTE—The garnishee in the foregoing interrogatories is they have full knowledge of the same, and answer the interspecially warned that the sequestration act makes it the rogatories lierewith filed, on oath, and marked exhibit A, as duty of each and every citizen to give the information a part of this petition. Asked in said interrogatories.-Act 30th August, 1861, sec. The Confederate States of America, through suid receiver, 2.! And if any attorney, agent, former partner, trustee, or therefore pray that the siden having supervision and other person holding or controlling any property or inte control over said property, as aforesaid, who reside in the rest therein of or for any alien enemy shall fail speedily to county of Knox, be made parties to this petition, and that inform the receiver of the same, and to render him an ac- a copy thereof, together with notice, be issued by the clerk account of such property or interest, hesball be guilty of a of this court to the marshal or his deputy, to be served on high misdemeanor and, upon conviction, shall be fined in a said persons. Suid Confederate States further pray that your sum not exceeding five thousand dollars, and imprisoued honor direct said property to beseized and scijucstrated, and not longer than six months, aud be liable to pay besides to placed in the hands of said receiver, and by him sold or disthe Confederate States double the value of the property or posed of upon such terms and conditions is your honor may interest of the alien enemies so held or subject to his con- direct. And on final hearing, the Confederate States pray trol - Sec. 3.)
for all such other, further, and different relief in the premThis act was rigidly enforced. Subjoined ises as may bo cousistunt with the act of the Confederate
Congress. are two notices, preserved from the newspapers
LANDON C. IIAYNES, of the day:
Receiver for the Eastern District of Tennesse. Thomas T. Giles, who has been appointed receiver for the
A true copy of the original. eastern district of Virginia, has issued a notice addressed
WILLIAM G. MCADOO, Clerk, dc. "to all whom it may concern,” in the following words: "I hereby notify overy attorney, agent, former partner, Catron and Andrew Johnson.
Proceedings were also taken against Judge truetee, or other person holding or controlling any lands, tenements, or hereditaments, goods or chattels, rights or
SUNDRY ITEMS. credits, or any interest therein, within the eastern district of Virginia, of or for any alien enemy of the Confederate The Southern Commercial Convention which States of America, speedily to inform me, appointed receiver met at Macon, Oct. 16, 1861, passed a series of for the seid district, of the same; and to reuder to me an resolutions in relation to the sequestration act, same in my hands. Any such person wilfully failing to do and recommending that the payment of debts 80 will be guilty of a high misdemerinor, and liable to be sequestered be not required during the war; indicted, convicted, fined, and imprisoned, as provided by that claims for indemnity and indebtedness due law.
"I also notify each and every citizen of the Confederate the North be allowed as a set-off'; that the States speedily to give inforinntion to me (as ho is required courts be empowered in certain cases to modify by law io do) of any and every landls, tenements, and here the retroactive effect of the bill; and that the the said eastern district of Virginia, and of every right and property of northern residents laboring under
the disabilities of coverture of infancy be ex a thing be legal?
What is incident to cases of empted.
the war power, the grant of the war power covers; but does
the war power require the creation of a Star Chamber to The Richmond Enquirer of Oct 14th says: wrong and harass our people?
Where is the “It was understood at Richmond by a gentleman who is authority given? Where is the power to call upon the citiconnected with the Department of the Interior, that the zen in a new and unhoard-of manner to answer questions returns wure being made a debts due to the alien enemies upon oath for the purpose of enforcing the confiscation law? with the utmost promptitude, and that from the city of Shall it be said that it is to furnish the means to carry on Petersburg there would be realized a sum not less than
llow can that be said to be necessary, which is six hundred thousand dollars. As for Richmond, it was absolutely never known to hare been done before? Was thero difficult to estimate the aggregate, but the lowest estimate anybody that ever fought before Gen. Beauregard? War placed it at two millions of dollars.”'
unfortunately is not a new thing. Its history is found on The Confederate States Court in Richmond have confis- every page. Was there over a law like this endured, praccaied $15,000 in the hand of the bankers Purcell, in that ticed, or heard of? It certainly was not found ainong tho city, the property of Ashmead et als., of Philadelphia.
people from whom we derive the common law. No Eng
lish monarch or Parliament has ever sanctioned or underIn April, 1863, the Confederate” Senate con takon such a thing. It is utterly inconsistent with the sidered a bill to confiscate the leasehold interest common law to require an inquisitorial examination of the and shares of stock owned by the American bubjects of the laws of war. It is no more a part of the law
of war than it is a part of the law of peace. Telegraph Company and other alien enemies in
All that can be said in favor of the end and object prothe lines of telegraph in the Confederate States. posed can be said in favor of the Star Chamber and the Mr. Oldham and Mr. Hill favored the bill, and stitution with the best of motives. It was to save men's
Spanish Inquisition. Torquemada set out on the latter inMr. Johnson, of Arkansas, and Mr. Johnson, souls. IIe labored most earnestly, in season and out of of Georgia, opposed it—the former, because season; and when high necessity commanded, he burnt
their bodies to savo their souls.*
We do not conmany of the stockholders whose property it sider that the end justifies the means in these days, but was proposed to confiscate were not enemies, Torquemada might here burnt Jews and Protestants, withbut friends living in Washington city and out calling upon their best friends to inform ayuinsi them,
and making it penal not to do so. Maryland-the latter because he considered
The war power includes as an incident, everything which confiscation “ an act of legal plunder unworthy is necessary or usual. It cannot bo pretended that this is of the age." The bill was postponed until the necessary or usual, since it never was done before. This is
not the first war that over was waged; and the laws of war next day, and its fate is not known.
are not the subject of wild speculation. Now, the means A movement was made about the same time granted to attain this end aro based upon the supposition in the Legislature of Virginia, appropriating world is more calculated to advance the repute of the country
that the end deserves all commendation; that nothing in the so much of the public debt of the State and than to be keen in searching out the property of enemies, and other securities held by resident citizens of the proceeding against them when they hare no opportunity of United States and the District of Columbia as being heard, and to impoverish them by taking away the
earnings of their industry and applying it to other uses. * * may be necessary to indemnify the citizens of It would bo the most intolerablo hardship for me, for a Virginia who are loyal to the State for losses citizen, at every quarter section to be obliged to tell all ho sustained by them in consequence of any con
knows or suspects against his neighbor. It is pretended
that it is an innocent proceeding. How can that be innofiscation act of the Congress of the Unitedcent which calls upon one to commit a breach of trust? * States, or any other act growing out of the war. The law protects every map in keeping silence when a Up to September 30, 1863, the rebel treas. There can be no greater oppression than to compel a per
question is asked that involves professional coufidence. ury bad received from sequestration $1,862,650 son to violuto a moral or legal duty: 27, as reported by the Secretary of the Treasury. for there is a very common error in supposing that it apo THE "SEQUESTRATION" ACT DECLARED CONSTITU- plies to the estates of native citizens wbo are living abroad
in an enemy's country. The term alien enemy is the only TIONAL.
one used in the act. It is a definite, technical construction. In the fall of 1861, in the first session of the Govereign. There can be no dispute about it. He is not an
An alien enemy must be born out of the legiance of the Confederate States Court, in Cha leston, afier sien enemy if he was horn within the domains of the sovJudge Magrath charged the Jury, the following ereign. A sovereign has a right to requiro luis retnrn. Ile proceedings are reported to have zaken place :: eign's power to do, and what he muy do with his subject
Mr. Petigru read & writ of garnishment, served upon him, when he refuses to return, in another matter. But until he and interrogatories attached, in reference to alieu enemy's has been called on by his sovereign to return, a man com. property
mits no breach of duty in living in an enemy's country, Mr. Petigru said the objection he had to these interroga- according to law. It is impossible that the makers of the tories was, that no human authority has the right to put law should not be aware of this, and they neen, to hive purthese questions to him or any oncin thosame circumstances. posely left this open for the interpositioa of humanity. He might recognize the authority of South Carolina to do Mr. Petigru denied that there i 18 any precede!) for as proposed by the act, because in a Statelike South Carolina this law; anů a freeman could not be compelled to aid this a sutjérer has no security or remedy against those in powr, confiscating law, by informing against both his friends and unless from some guarantee in the constitution of the State; enemies. It was this which moved those bravo men, who for a State may do whatever it is not forbidden to do by the not only shook the pillars of monarchy to its base, and fundimental law of the State. But the Confederato States abolished the Star Chamber, but did it with the declaration have no such claim to generaiity. Their authority is con- that no such thing should be tolerated again. Are we fined to tho constitution which confers it and the powers going, in the hey-day of our youth, to set an example which delogated to them, and whereas, in the case of a sovereign, has been repudiated by every lover of freedom from the be we must show a guaranteo aguinst the power, in the case of ginning of time to this day, which has never found an advo the Confederacy they must show a warraut for their power.cate, shocks the conscience, and invades the rights of the
There is no article in the Constitution of tho Confederate privato citizen. States which authorizes them to set up an inquisition, or to It is an extraordinary stretch of power, in an extraord. proceed otherwise than according to the laws of the land. nary time, when we are endeavoring to make good before In fact, the best authority for this proceeding is II udson's tho world our right to its respect as an enlightened people, treatise on the Star Chamber, in Second Collutuncu Juridicia. a people capable of self-government, and of governing them. It will be found that the method prescribed in this confis- selves in a manner worthy of the civilization and light of cation act is precisely that of the Star Chamber. They call the age; and this act, borrowed from the darkest period of this a writ of garnishment; Mr. Hudson calls it a subpæns. tyranny, is dug up from the very quarters of despotism, and This calls upon me to disclose all the cases in my knowledge put forward as our sentiments. They are not my sentiments; of property held by an alien enemy. Mr. Hudson requires and sorry will I be if in this sentiment I am solitary and the party to appear before the Star Chamber, and answer alono.
With regard to that which requires the all questions wbich may be put to him. These are alike in violation of professional confidence, he must be better in. being general. There is no plaintiff
. It is an inquisition. structed before making up his mind to the order of responsiI 20 such power has been granted, how can such bility or not. There are cases when it is dishonor or death