New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-09-07
THE seauestration Act.

for the sequestration Of property belonging to alien
enemies: .5s, ~ ~
Billie be entitled aet for the equestsaen Of the estate
citizens and aiding tie
The bill recites, in the nature of preamble, the
departure Of the Government and the people of the
United states from the usages Of civilized warfare,
and the necessity of our only protection against
such wrongs in measures of retaliation.
The following is the principal legislative clause
Bit enacted by the Congress Of lae Confederate
and hereditaments, goods and ehattsIs, rights and
credits within these Confederate States and every
right and interest therein held, owned, possessed
or enjoyed by or for any alien enemy, since tie
tscentj.first day of May, 1881, except such debts
due to alien enemy as may have been paid into
the Treasury Of any one Of the Confederate States
prior to the passage of this law, be and the same
are hereby seguestrdted by the Confederate States
of America, and shall be held for the full indem-
nifty of any true and loyal citizen, q resident of
these Confederate States, or other person aiding
said Confederate States in the prosecution of the
present war between said Confederate States and
the United States of America, and for which ne
may suffer any loss or injury uEaef the act OF the
United States TO which thssaet is Tetaliatory. or
under any other act Of the United States, of any
State thereof, authorizing the seizure or conisea-
ton of the property of citizens residents of the
Confederate States, or other person aiding said
Confederate States, and the same shall be seized
and disposed of as provided for in this act: Pro-
rided, isoUeUe, when the estate, property rights
to be affected by this act3were or are within some
since said twenty-frss day of May, then this act
shall operate upon and as to sHch estate, property
or rights, and all persons claiming the same FROM Il
a9d a ,a ssf h day sen and 5s
further that the provisions of this act shall not err
tend to the stocks other public securities of the &
Confederate Government, On. of any The States
of this ConJederacyr held or o,cned by an alien
enemy, or TO dny debt, obligaton, sum due from
the Confederate GoUernn.eat or any or the STATES
to such alien enemy And prorided, also, that the
erty of citizens residents OF either of the States
of Delaware, Maryland, Kentucky, Missouri, or of
the district of Columbia, or the Territories Of New
Mexico, Arizona, or the Indian Territory south of
Kansas except such Of said citizens residents as
shall commit actual hostilities against the Confed
crate States or aid or abet the United States in the
existing war against the Confederate States.
SEC 2 makes it the duty of every citizen of the
Confederate States to give information OF the pro
perty of alien enemies.
!. SEC. g. Attorneys, agents, former partners
trustees, or persons holding or controlling any de-
scrption of property interest of alien enemies,
| are required to give information and render ac-
count of the same to receiver on pain OF being
| adjudged guilty of a misdemeanor, punishable by
| fine not exceeding 5000, and Imprisonment for a
| term not less than six months and of being sued
lin addition fer double the value of the property.
| Sec. 4 charges the Grand Juries in the Confed-
| crate Courts to inquire and make presentments of
the property of alien enemies affected by the pro-
visions Of the act.
| SEC. 5provides for the appointment of receiver,
by each Confederate Judge for each section of the
! State for which he holds court, and in occasions
of necessity for subdstrcts said receiver to give
bond, and to make oath to discharge his duties well
i and truly. - -.
seq G. The duties of the Receiver are to take
possession and control of the property of alien
enemies for accomplishing the purposes of the
4 act he may sue for and recover such property in
the name of the Confederate States, by the form
of petition to the Court for decree of sequesra-
ton. All orders of seizure necessary to secure
the subjectmatter of the suit from danger of loss,
: ipiu dpEfr nm ar yyaG
Court; but when such necessity does not exist in
the opinion of the Court, the property or credits
may remain in the hands Of the party in posses
sion, except that bank and corporation stocks,
dividends and rents on real estate shall be deliver
| ed up, and on the further condition as to other
property credits, that the party in possession
shall pay all interests net profits accrued since
the 2lst of May, 1861, into the hands of the Re-
ceiver, and at annual periods thereafter, on PAIN
in cases of failure for judgment against principal
, and security for which execution shall be issued in
the name of the Receiver. 5 #
| SEC. Z allows any claimant or party interested
in the subjectmatter of the suit to intervene and
defend to the extent of his interest, on affidavit
that no alien enemy has any interest in the right
$ which he asserts.
SEC authorizes the issue Of writs of garnish-
ment to attach credits due alien enemies and the
l. courts shall have power to condemn the property
or effects or debts according to the answer; and
to make orders for the bringing in of third persons
| claiming, or disclosed by the answer, to have an
Z | interest in the litigation.
# SRC 9. The District Attorney of the Confederate
States is required to prosecute all causes instituted
| under this act; his compensation to be two per
cent upon the fruits of the litigation.
n SEC 10. The Receiver is quired, at least every
Y six months, and as much oftener as he may be re
If quired by the court, to render an account of al
matters in his hands or under his control, stating
accounts, and making settlements of all matters
e separately, that the transaction in respect tt
1t each alien enemys property may be kept recorded
and preserved separately. '.sa -. ~,
SEC. II. Notice of settlements to be published
| for yynhkS. The intarOcntOfy settlements
% NAV be impeached at the final settlement, which
latter shall be conclusive, unless reversed or i'm
peached, within two years, for fraud.
Sec. H.. The court having jurisdiction of tht
Y matter shall, whenever sufficient cause Is show
therefor direct the sale of any personal property
o other than slaves, sequestered under this act, O
e such terms to it shall seem best; and such sal
shall pass the title OF the person as whose propert
the same has been sequestered. s-8aa -5r.
SEC. l3. Settlements of accounts of sequestere
property to be recorded, and copies forwarded
I'd the Treasurer of the Confederate States ANY en-
e. bezzement of money under this act shall be labl
to indictment, the guilty party to be confined 6
hard labor for not less than six months, nor NOR
;, than five years, and fined in doublethe amount en-
N beZzled.
m SEC IA. The Presidents authorized, by and wit
10 t the advice and consent OF Congress, to appoir
~ ~ three Commissioners with salaries of two thousan
~ five hundred dollars each per annum, who sha
p hold at the seatof Government two terms eac
year. 1t is made the duty of these Commissioner
to hear and adjudge such claims as may be brougt
70 before them by any one aiding the Confederacy
Ao the present war who has been put to loss BY tn
IL United States or by any State thereof The tindin
~ of the Commissioners in favor OF any such claim
g to be taken as preG tacie evidence OF the correc
~ ~ ness of the demand, and whenever Congress sha
te Va pass the same it shall be paid from any money
a the Treasury derived from sequesration under th
es act The Board of Commissioners is designed on
sh to continue until the organization of the Court
'ea Claims provided for by the Constitution, whit
shall take the place of the Commissioners.
SEC. Is. All expenses incurred under the procee
IA ngs of this act required to be paid from the
unestraton fund; the Receivers to be allowed col
in ensation of two and half per cent. on receipt
tes and the same amount on expenditures Provide
ng- That the same do not realize more than $4,000
one year. -
SEC. l6 provides that the Attorney General sha
| prescribe uniform rules of proceeding under th
ate law not otherwise provided for.
ms SEC II allows appeals to be taken from al
final decisions of the district courts under'this LAY
as in ordinary cases.
SEC. Is. The word "persop," as used in the la
phs' to include all private corporations.
are SEC 10. The courts are vested with Jurisdicti
rris to settle all partnerships between citizens of
was Confederate States and alien enemies; to separs
ap- the interest of the alien enemy and to sequestr
5 to it, and to sever all joint rights where an alien
eny is concerned, for the purposes of sequest