The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1861-12-28


.sary ! have in my mind donation of Sl0,-
600, which was left to the Board of Pubh-
cation. That matter is now il the hands of
the Court, and decree has been given in
favor of the Board, but the assets have been
retained in the hands OF the Court. Now,
under the Sequesration Act, this property
may not be liable to con6scation, but think
it would be more favorable to us if it was,
for think that the Confederate States will
never suffer to go into its treasury, any
funds given to an eleemosynary corporation.
Judge SEayne--I would suggest that
the committee which has been already ap-
pointed is a very proper one to have this
subject referred to, being composed of in
telligent and learned legal gentlemen.
Chancellor Jobnslone-I. do not possess
copy Of the Act Of Sequestration, bat !
concur, in the views Of brother Mitchell
that legal title is in corporation, and
that title null except to Charter granted
in Southern States-while all these charters
were granted by Northern States. An
ether Interesting matter, is, that the Bible
Society is Incorporated by New York
aesi66ue,isn e@sNsen ia i5iat
taterests OF partners, ana that 6f bencnci- J
aries. Partners have g3sasi legal right
to all the assets Of the frm-shat belongs
to one partner belongs to the others, run
ming through the whole assets. Il is very
different in regard to a corporation, espe-
cially an eleemosynary corporation. When
that property is seqnestered, it is not seques-
tered for this or that person, but for the
benefit Of the Government, and we must,
therefore, apply to it, not to consider legal
rights, but claims in equity and justice. No
man can sue the Government, he can only
petition it-only present his claims as one
Of its constituents. What results2 IfyOu
proceed upon the view Of the general in
terest in that property, you proceed upon
mistaken view in law. The principle which
you would adopt in relation to partners is
this: That a garnishment is issued upon a
person in possession Of property, and he is
required to answer on oath, what he has be-
longing to an alien enemy. This corpora
tion 10 New York is an alien enemy. In a
joint partnership, only the portion belong
ing to the alien enemy is sequestrated.
DR.. Pryor-This is a very difficult 9ues-
ton. l know that the most eminent legal
authorities differ on the subject, aud hope,
therefore, that the whole affair Will be re-
/ ferred to committee.
Judge MitcheI-If I understand the
attitude Of this body, suppose from all |
have heard, that it is It's desire to establish
committees, separated, over the Contedera-
cy, having various centres of operation, and
suppose that in the formation of these
committees, brethren will be selected, who
have the most earnest zeal for that paIticu-
lar branch of the service. Now think it
would be well for us to wait until these
committees shall have been organized, and
then let each portion Of that particular busi-
ness be assigned to the respective commit
tees to which they shall belong, aud these
committees must be chartered become q
/ person in law, and can examine the matter
/ at their ease. 1t seems to me- that cur true
plan ia to wait in reference to that matter.
But if you put too much work On this one
committee, you viii overload them, and they
cannot work with effect.
Chancellor Johnstone-I think that the
views urged by brother Mitchell are very
good. We must have our committees or
ganized and chartered before we can do
ANYTHING. If committee should go into
Court. making any claims it will be very
easy for an ingenious lawyer to say, 'Who
are your what right have you to come
here 7" But when persons under charters
present themselves, these persons are per-
sons known in law, and are entitled to stand
there as persons. The property spoken Of
by NV friend, Mr. Perrin, is the beqle.t of
Mr.. John Bull, who divided his property,
af.er certain beQuests, to four different
charitable purposes. Now it is impossible
to have this money taken away by the
LEGISLATURE. Ii can only be done by me-
tjon in Court 1t is as safe there as if it
was in all iron chest, with grenader
mounted over it. | do not think, sir that
this is q proper subjec, to be taken up now.
, Mr.. Webb-If We allow this property to
become seqaestrated, our only chance of
getting it back will be to apply to the Gov
2 ernment Of the Confederate States to have
port II of other sequestrated property
? given TO us as compensation for our loss
But propose to prevent this loss and con
= seOuent sacriGce-and that end may be
, gained BY simply having an act passed,
= which can be done in almost as few words
E a. this resolution, absolutely donating the
. whole of it to us-aud il sill be given to
us. All we have to do, is to appoint com
mittee to say to Congress, that this church
has an equitable and legal right to all such
property, aud whenever we MAKE this known
{ 10 them, they will release their claim upon
i. at once to its lawful owners.
was about to offer resolution, that 9
D SDecial Committee Of -- be appointed
to make such inquiries aud to take steps tc
secure the right Of the Presoy yteriaa church
in the Confederate States, in all property
r formerly belonging to the Presbyterian
! church within the limits OF those States.
The Moderator-The motion is to com
= init the original resolution and I'll things
. connected with it, to special committed
q (of fge)
D Nj. Campbell-I agree with the remarks
r of the gentleman who last addressed tho
e Assembly, in regard to applying 10 Con
;, gress. And my reasons for this course, are
a first, that it is much the least expensive
b and, second, it is the best way to get at it
i There are Courts to be applied to- if We
- 80 49,. 81 Lo,, ,rrr,o L,t h., OIL o,,or,