, 1861-12-17
COLLECTION OF SOUTHERN
= nEFET%.

INT 1n1pSiiaHt 4Atst1oA Aias oIIASA
practically by Judge Fzcese in his capacity
Of Provost Marshal OF Alexandria, touching
the collection from Southern rebels Of debts
due loyal Northern creditors, was arrested
while in full operation, by its being deemed
an Illegal innovation in the functions Of a
military court The process WIS seizure
of the goods, the court as Assignee securing
from the proceeds the rights of Northern
merchants. Numerous cases sprang up at
once, and the plan was hailed by the conf
mercia1 interest as opening the way for an
adjustment Of Southern claims, many of
Them deliberately accrued with q design of
subsequent shelter in secession and non
payment. Even in the limited jurisdiction
Of the Provost Marshal Of Alexandra the
amount Of claims was large, and the sums
at issue in Judge Frccse's decisions were
daily increasing.
An order from Gen Mcclellan put an
end to operations Of this class temporarily,
awaiting the more formal introduction in
al our Military Courts of some similar sys-
TEN, duly authorized and instituted And
thus the matter has remained since that
time.
This question Of securing the rights OF
Northern creditors against rebel debtors, is
most important one, and especially ON the
eve Of formidable movements which are
destined TO pass border lines, and locat.
the jurisdiction OF Military Courts in ths
rebellious States. The necessity increase!
with the advance Of our arms towards tht
Gulf The amount due Northern credi
tors in the South is estimated as high a!
two and half million dollars. And tn.
West, if not equally with the greater com
nercial marts Of the East, is as truly inter
estcd in the adoption Of some system tina
shall completely meet the demands Of til
case. The loyal people Of the country vii
have suffered losses enough even when til
utmost possible realization Of rebel effect
has been made in their favor, as can onl
be done BY Military Courts, where the n
beIlion has suspended and crushed out til
functions Of the Judiciary.
Justly enough, this formed q prominer
and well considered suggestion Of Il
Presidents Message, and it is probable ths
twill take 8 tangible and effective for1
at an early day. Il is understood that IL
views Of the Attorney General hare bee
given advisedly to the establishment
this branch Of the Military Courts, holdin
that Congress could not. Under the Cons.
tuition, extend the powers Of Militia,
Court 80 as to give it civil jurisdiction
Though Mr. Bates has nerer dcuie
the Justice and equity Of Judge Freese
action as Provost Marshal Of Alcxandri
IN behalf Of Northern creditors, be deni
the night Of the military to interfere in Il
matter at all.
The whole subject has been referred
Congress by the President in his Messa
and thence may he confidently expect
action thatatau cover case one Of t
anomalies of this war, but most prcssi
and Important Il is understood that !
Bingham, Of sthe f3fh1icdary Commit
holds that there is no lhlskstion under
Constitution to the clvn power, as appli
bic to these cases, but be holds s;saIh that til
is constitutional power
emergency as has uow arisen Id ahHtU
try, and there is no doubt that very *
the result Of the reference to this Conn
tee will be given to the country, in q II
porary substitute for the ordinary cour1
seeded States~