Circular Explanatory Of The Confiscation Act

The folio w ing circular Iris been iasued ! by the Seerotkry of the I reasury : Washington, Sept. 21. Sin : Tu order to preie.it seizureB of property belongiag to citizens of insurreetionury States not warranted by acts of Ooiigresa reirttng to thut subject, it is tlimmht advi.sable to direct tbe special attentioii of marshals uid district attorneys of the United States to tlie provisions of thea i acts. The 5th saction of tbc act of Ju'.y 13 provides that all goods ant' ohattels, wareS and inerchandize, coming from or proceeding to a State or place dcoUred to bo in insurroction, together with tho vessel or vehiele oouveying the saine, or conveying persons to or from sueh State or place, sball be forfeited to the U.iited States. This section obviuusly applies to all property in transit, or purchased er provided with a view to transit, botwecii luyal and disloyal States, and especially to prnpcrty forming the oomtuereial iutercourse. Sueh property, whenever found, is liable to seizure, and the only ■'■dress of parties who thiuk theuiselves ar;rieved is by appeal to the Secretary of the Treasury, wlio is vested by law with fu tl power of miügation aud remussion. The first section of an act, approvöd August 6, declares that, if any person or persons, liis, her or tlieir agent, atturney or employee, -hall purchase or actjuire, i sell or give away property uf wlwtevir kind or descriptioH, with iutent to use or euijiloy the ,sa;iie, or suifjr tlie s.imo to be usi'd or employed in aiiJmg or abettiüg, or promoting snob. nsurreetion or any peison or persons engttgeé tksreie, or if anv perdón or jiersous, btíiwa t!e ovvnefa of any bucIi projorty, sball knowingly use or employ, or suffer the use employïnent oí' tho sanie as aibresaid, all sueh property is hereby deelared to be lawful subject ol prizj aud capture wkerevex found. No doubt can be entertained that this section was well cousidered and that its operatiou was intended to be limitad to property used in furtliorance of the insurreetion only. Seizures under the aet o1' July 13 should be made by tho j oers as under tho dtreotioa of the offi cera of the asüry Department, and all district attorneys and marshals of the i ted S ates should afford all practicable counsel and aid in the executiou of thj law. Seizures undjr the aot of August 6 should be made by the marshal of the district in which snch property ma y be fouud, u.ider the genera! or particular directioD of the district attorncy or other superior authority. For sueh eizures thero is siuh non power of raitigntion or remission in the Secretary of the Treasury, bat the district attorney or other superior authority may : direct the discontiuuauce of any pro&eeding in relation thereto, and the resturation of tlie property seizud Itwill be scen from an inspection of the acts of Owigress, that no p operty m conjisaiieJ or suhjected to forfaiture ■exeept sueh j as is ui tramit or provided f transit to and from inmirrectiomii j Sta'cs, or used for ie promotion of tlie uixurrectioii. Heul estáte, bond, promtssory notes, mo,eji ou dtpoút, and the like, are flienfore net subject to se,:zure or conJUcution m the abtenet of ecidciue uf sueh an'aicj'ul use. All oiücers winle vigilant in the prereutiou ot' the eouveyauce of property to or froin insurrectinoary States, or the use of it for inaurreetionary purposes, are expected te be eureful in avoidiug unueceasary vexatio.i and cost by seizurcs uot w.uiaiitcd by law