Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-10-25
COMMUNICATION.
Se0uestralIon.

! This Act has been under consideration for somc
weeks past, by the merchants, the members of the
bar or at least portion OF them, and also, the
Judge of the Confederate States Court and sundry
questions have been settled and many persons
are concerned therein, it becomes proper to men
/ ton some Of them:
l. The constitutonality ard the justice Of the OBJ
jects aimed at by the Act, are not questioned by
those who have examined its provisions.
The Tightto cOafscRte or sequestrate property by
nations at ,eGr ia not open question. The policy
| and justice of iudemnifying own citizens for
losses fo- seizures Of their property by the enemy
are manifest, and need only to be stated.
! 2. There are two branches Of service in its ex-
istence. First, The discovery necessary to sscer-
tain where the property is which is subject to the
Act, and to learn the debtors, and amounts due to
allen enemies" This discovery is necessary, and
should be made without delay.
SecOnd-The payment Of debts, after they are re-
ported to the proper officer, and evidence obtained
upon which decree of sequestration nsay be made.
1t is material and important that there should be
no delay upon the first branch of this service snd
as equally important that there should be no delay
in the collection Of debts during the war.
The Hon. W. r. Humphreys has properly decided
that he would in the collection Of debts conform TO
the policy Of the State courts acting under the pre-
sent future gets of the Legislature Of Tennessee
This, however, viii not be misunderstood. It does
not mean that he will delay the discoveries Of pro
perty and debts, and strict compliance with the
law. Until Inc 0GOt - aSCertaaOe8, adjusted. and
made ready for a decree of sequestrat4Oa. These
things being done, it then stands IS Dc bt due to
Confederate States, and the and tine of pay
met are the only questions These admit Of delay,
and the State deisys viii be observed and without
further legislation delays gill now be given upon
payment Of interest accrung sihee = July, 1861.
The act looks to the S1fetg of the debt DOSING the
delay. and speaks cf security The policy Of the
law demands 2 broad construction TO the term
security. 1t may consist CT bond and personal sig
natures; Of mortgages, or deeds Of trGSs real
and personal property; CT of bills receivable "a col
lateral; il may also embrace nP9G5 and ability to
pay, sustained By high morality, aHi an intent to
redeem promises.
Is it entirely certain, that merchants who expect
to rely &C their bills receivable should urge the pol
icy of lcng time? Bills receivable should be put into
a train Of adjustment End safety; this be done
and still delay pCppst, If city merchants hold out
the idea that they not 10 pay taesr debts, the
debtors in bills receivable will base on that ar excuse
why they will mother pay their liability.
Much may be done in securing tbts. when nothing
is paid. These arc not the times for payment to
much extent, but much Eaay be done in giving time
and getting the debts made ssfo and secure, which
is 10 the merchant equivalent to psyHSpE, because
it protects him to that extent.
The act seQuestretas, but the court must find the
facts which bring the case within its provisions
and upon this evidence Decree Of Sequestration
is rendered This decree is the protection furnished
to the parties obeylg the act and the mandates of
the court.
1t has also been decided that all suits by "alien
enemies" now pending, or in judgment, Will stand
upon the docket in the OF the original parties
" for the Of the Confederate States and thereby
the Confederate States" become the plaintiffs and
the reason for dismissal logger exists. Attsr>
neys, agents and others required to report 30
the court, for the Confederate Sates or to the Re
ceiver all cases in their possession whether in suit
or not Provision for their fees VIII be made under
the directions OF the court
The garnlshment with interrogst ories, is directed
by the act, and mainly for The purposes of discoV-
cry. 1t 10 one Of the modes of sscertaining debts
IS well as property. 4 failure to answer may ut /
parties under the penalties set down in the act.
The act requires tie judges of the Confederate!
Court, to charge the Grand Jury. upon their duties
under this statute which done on Tuesday last by
he Hon. W II. HUmphreys in Il clear and powerful |
EIndication of the right and policy of the Govern
nent in thus retaiating upon the Federal Govern
nent for departure from the usages CT civilized
warfare" His statement Of the progress. resources
md military powers of the Southern Confedsrcy,
vas q bold and manly argument. and left no room
% doubt our independence and our ability to mains
ain it, II all time TO come.
1ae gallantry. and noble deeds of our brave aol-
iiers in all the battle fields from the surrender of
Fort Sumter, to The surrender Of Lexington, were
alluded to IN tones Of tTue patriotism.