New-York daily tribune., 1861-11-09
THE war FOR THE UNION.
wuou WASHINGTON.
wse Co.nsc.tiOn Qucstion-Rebei spy

Immediately after the decision of Judge freese in
favor Of No,thern creditors against rebel oeo'o'S
u,ads al Aeyandra. fortnight ago, some h',ee" y
.wontv merchants from NeN-York and PDildeP"i"
.vailed themselves Of the precedent 10 p'o'e."
sirns before him, amounting in all 10 aOCu' 80
tnoug,nd dollars. b. the prompt acnon Oh '1e o'
a sufoient amouni oi property was Hl'acneu anu az
,,,,isod % na, ,,,e,e demands and lncldeh'1 eA
,o.sos The merchants were highly grained Win
a., ,,r,..d,,a hecause it furnished precedent oy
1;ab ,l cxnected 10 be able to collect their just
ao,,o,ds against creditors further south, III case oil
,ho sncccs OF onr arms The Indebtedness of South
s,u 20 Eoiflern merchants oon6scated by the rebel
Congress, exceeds $500O9 coo. More than $50 OOOO,-
600 are owing in New-YoEk slOte, aud in some in-
stances almost the entre properly Of creditors Is H.
vslved.
Judge Freese was appointed Provost Judge by
Gen. Franklin 10 supply toe place Of civil court,
which hid been disabled by the departure Of all lis
oiGeers to the rebel army Alexandria was entirely
destitute Of civil jurisdiction. The court was judi
siai necessity. Judge Freeao decided local causes
of a civil as we'll as criminal nature. No objection
was made to his jurisdiction until aler the suits were
commenced by New-York creditors. Then, COM
plant was made 10 the Admins trator, and the order
abfOCdiuI Miidt iau btSN uOut' Piv'i"'ii'S
furtaer civil jurisdiction, was Issued.
do no, July understand the reason lor this prohi'
bilion. The rebel debtors, by fleeing to the nobel
army mpliedly, at least, acknowledged the law OF
the rebel Congress, coniisea,iDg the demands OF
Northern ceditors. The property for which they
were Indebted was in tae hands of their agents, who
were selling il for their benefit. No other means
tian those provided by tine Provost Court were avail
abe to teques;rate the prop'ry for the payment OF
the amount with which it was charged
tisreported here that the Auoney-General de-
clare thst theteis precedent for investing Pro
vosl Couu win civil jurisdiction. Its powers are
only of q police character. If this the fact,
surely the circumstances under which these suls
have been commenced would furnish aD eXigenoy III
which such precedent could be safely established
la the whole range oi civil or criminal jurisprudence,
no oco.,sion ever gave birth 10 precedent more
strongly fouuoed in the principles Of natural justice
But there ID d pgeco5ou5 in our own history, in the
case of the civil Jurisdiction Of California, afterpeace
with slexico, and before It's admission as State.
Under the administration oi Com. kearney, Gen.
Riley, and other early Governors, for PERIOD OF
more than two years, the only civil jurisdiction the
people had was Provost Court. They acqneseed
in H. obe,ed all its mandates and thereby preserved
no more military necessity in California then lhaI
his in Alexandria to-day. There is not even mag
itra,es conrt in Alexandria which has not, by the
Wheeling Convention. been entirely disqualified 10
action.
Ii strikes "a close observer Of affairs as rattle
curious that. at a time when the Government is re
ceiying its means TO carry on tbe chiefly fror
Northern capitalists. it should deprive them OF the
only means for the collection of very large lndebt-
e.lness from the people against whom the war Is
waged. Well may the merchant WHO has been rn-
iued by Southern iepudiIiOn inquire what u tne oO'
iect Of the war it he not 20 restore us our nights
Twas bat YESTERDAY h, arl aNew-Yorker, while CON-
planning The ofthe GOV rnmen with reference
tothe decisions of Judge Freese excam that all he had
In the world, amounting to more than $1,000, was
due 10 him by merchants residing IN Texas, Arkau-
sas, and Mississippi and that when he heard Of the
decisions at Alexandra be indulgod The hope of being
able at period not far distant to collect portion
ofit, but now he no possible way by which be
could -ealze dollar IL msy be replied 10 this, that
our rights VIII DO restored when the Union is reesiab
hshed, and then we can proceed with the laws az
they were. Bat where then VIII be the means out
Of which the demands arr to be realized? Exhausted
in TIE rebel cause; gone q" aid and comfort to the
enemy As Ous army progresses IN the oIk OF re-
establishment Of il ever dOes pfogress IT is to he
presumed that in every city Of amy magnitude, some
of these Southern debtors will be found in possession
of a part of the property they have obtained al
Northern cities. Shall they retain it any longer than
till sGch time as a seizure can bI effected, by the
judicial power which accompanies the sTmy7 This
is the question and il seems TO NJ, to be very i'm.
portant one-suf5eiently 70 TO call for come more
general expression of opinion than II has yet re-
ceiyed at the hands OF tue public.
There are many complaints made Of the action Of
the Government in this war that unjust and
mischievous The Government, in all jis branches,
ID heavily burdened aud It is the part of patriotism
TO judge with charity but this case, it seems to u.s.
is "a legitimate one for public condemnation. Moth"
ing can be more oppressive upon the large and re-
spectacle class Of society which it affects, tend
more directly TO paralyze the efforts which are yet
20 be made to obtain means to destroy the rebellion
4 word as to the means by which information OF
the movements Of our army is conveyed TO the
Rebels Every one hereabout, surprised 10
learn after the wi .hdrawsl Of the enemy from Nun
sons Hill, that on that very day, our army was 10
have surrounded them. Ii is said that three Ike ex
peditonS by troops have been anticipated in the
same manDeF Who bore the intelligence to the
enemy Do yon know, that between our pickeis
and those OF the Rebels, there tract Of country
extending the entire length Of the lines, varying
from one 10 ionr miles ia width This territory, in
tine of peace inhabited by large thriving farm
ing population, but this population is composed
1hDsfr nd ~