Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-10-30
The Sequesiration Act.
From the Charleston Courier, Oct. Is. ]

rum tHO OodfiootOA NoeisSi OSt' SO-1
CoNFEDERATE CouRT.-HoN. a. G. MA
GRATH. Pre- siding.
THuRsDAY. Oct "a, 1s6I.-The Court open
ed a. ii o'clock,
Judge Magrath this morning delivered the
opinion of the Court, with regard to the
questions raised by Messrs. j. L. Petigru,
Nelson Mitchell and VIM. Whaley, Esqs, as
to the coustiIutionality of the Sequestration
Act.
The Judge. before giving his opinion. in
some preliminary remarks alluded to the
great ability wi b which the questions raised
had been discussed, and said that in the deci-
zion he was about TO render ne had been as
sisted by the labor and impressed by the
zeal which had been exhibited in the argu-
ments. While he entertained no doubt that
be bad reached a conclusion, altogether re
concilable with, and supported By authority
and reason, it was competent for the parties
10 refer to another tribunal the correctness of
this decision.
The Judge then proceeded with his opin-
ion, which was listened to with the closest
attention. -
The main point decided In the case was
that the Sequestration Act was the constitu-
tionaI exercise by Congress of the power
given to it under the Constitution of the
Confederate States to declare war and to
make rules concerning Captures on land or
wafer. The power to coufscate, or other
wise deal with the property of enemies,
within the territories .ot the belligerents in
time of war, belongs 10 every nation; and
that power, in these Confederate States, was
given 10 the Confederate States under that
portion of the Constitution which gave it
the power to regulate captures. In this gen.
eraI power of con6scation, debts are not to
be exciud d, but are 10 be regarded as an
other species OF property. There YVES no
fouudatiun for the argument that the power
to contiscate IN time OF war was in the States
and not in the Government of the Confede-
Fate States. s ~
The exercise of that power in the States -
il il could b. supposed to be there-wonld
be so controlled by the treaty-making pow
er, and other powers which beiong to the
Congress of the Confederate States, that its
exercise by the States would be subject to
control, and, perhaps, prohibition, as would
be inconsistent with the idea of the soVe.
reign power of the State or nation.
The Sequesiration Act operates directly
upon the property mentioned in the first sec
tion OF that ACT. By the terms 0! the Act
the sequesrration IF all such property was
complete, and such property by that Act o.
Sequestration becomes as absolutely and law
fully the properly OF the Confederate States
as il the title to il had passed from It's former
owner for u valuable consideration.
The duties, therefore. which the Act de
clare to affect the citizens of the Confedera e
States in relation to such property were dri.
ties in relation TO property which belongs -
The Confederate States, and could not be Con-
sidered as duties which at all existed in C IN
nection with the property in which alien en-
emies had any interest remaining. By the
operation of that Act the interest of such
alien enemies had b, come completely extin-
bad THAR fitia Instantly AiVQGfnH
The proceedings which were Contemplated
by that Act were proceedings contemplated
Tor the purpose of enabling the Government
to recover the possession OF that to which it
had thus established perfect right of pro-
pc ty. -------
The demurrers. therefore, in all the cases
were overruled. =