The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-10-12
SEIZURE OF REBEL PROPERTY.
The following circular has been issued
by the Secretary of State: ..e g
WASHINGTON, Sent, 81. 1856

" tuO OSSlOtdAy Va NototS .sfH.- - Il
WASHINGTON, Sept. 81. 1861.
SIR; In order to prevent seizures of
property belonging TO citizens Of insurrec-
tionary States not warranted by the acts of
Congress relating to that subject, it is
thought advisable to direct the special at
tention of Marshals and District Attorneys
of the United States to the provisions of
these acts.
The 9th section Of the Ac. Of July l3,
provides that all goods and chattles, wares
aud merchandise, coming from or proceed
ing to State or place declared to be in in
surrectiOn, together with the vessel or vehi-
Gle conveying the same, or conveying per-
sons to or from such State or place, shall
be forfeited to the United States. This Sec
ton obviously applies to all property in
transit, or purchased or provided with a
view to transit, between loyal and disloyal
States, and especially to property forming
the subject of commercial intercourse
Such property, wherever found. is liable to
seizure, and the only redress of parties who
may think themselves aggrieved is by ap-
peal to the Secretary Of the Treasury. who
is invested by law with full power Of miti-
CATION and remission.
The first section of an Act approved Au-
gust 6. declares that if any person or per-
sons, his, her, or their agent, attorney, or
employee. shall purchase or acquire, sell or
give any property, of whatever kind or des
cription, with intent to use or employ the
same, or suffer the same to be used or en-
ployed in aiding or abetting or promoting
such instruction, or any person or persons
engaged therein, or if any person or per-
sons engaged therein, or if any person or
persons being the owners of any such prop
erty, shall knowingly use or employ or suf-
| fer the use or employment OF the same as
aforesaid, all such property is hereby de-
clared to be lawful subject of prize and
capture wherever found.
No doubt can be entertained that this Sec
ton was we'll considered, and that its oper-
alton was intended to be limited to proper
ty used in the furtherance of the insurrec-
ton only. Seizures under The act of July
I3 should be made by the officers as under
the direction of the officers of the Treasury
Department, and all District Attorneys and
Marshals of the United States should afford
all practicable counsel and aid in the exc
cution of the law.
Seizures under the Act of August 6
should be made by the Marshal of the Dis
trict in which such property may be found.
under the general or particular direction OF
the District Attorney or other superior au-
thority. .a a...
For such seizures there is such non pow
er of mitigation or remission in the Secreta-
ry of the Treasury. but the District, Attor-
ney or other superior authority may direct
the discontinuance Of any proceeding in re-
lation thereto, and the restoration Of the
! property seized. f..r, n ~
1t will be seen, from an inspection OF
these provisions of the acts of Congress.
that no property is confscated or subjected
to forfeiture except such as is in transit, OF
provided for transit, to or from insured
tionary States, or used for the promotion Of
the instruction. Real estate, bonds, prom
isory notes. moneys on deposit, and the like,
are therefore not subject to seizure or con-
fiscation in tie absence of evidence of such
unlawful use. .." IT
All officers, while vigilant in the proven
ton of the conveyance of property to OF
from insurrectionary States, or the use of il
for insurrectionary purposes. are expected
to be careful in avoiding unnecessary vex-
alton and cost by seizures not warranted by
law. WV. H. SEWARD, Sec'y of State