Daily national Democrat., 1861-10-17
Secretary Stewards Instructions concera-
ing the Seizure of Rebel Property.
The following circular has been issued by
the Secretary of State:

The following circular has been issued by
the Secretary of State:
WAsHNGroN, Sept 81, 1861.
SIN; In order TO prevent seizures of prop
erty belonging to citizens of ,insurrectouary
States, not warranted by Acts of Congres.
relating TO the subject. it is thought advisa-
bIe to direct the special attention of Marshal.
and District Attorneys of the United States tu
the provisions Of these Acts:
The fifth section of the Act of July 18TH
provides that all goods and ehattles, wares
and merchandise, coming FROM or proceeding
to State or place declared TO be in insurrec-
ton, together with the vessel or vehicle con-
veying the same, or conveying persons to or
from such State or place, shall be forfeited to
the United States The section obviously
applies to property in transit, between loyal
and disloyal State, aud especially to proper
ty forming the sui ~ct Of commercial inter-
course. Snch property, wherever fodnd, is
liable to seztrr. and the only redress OF
parties who think themselves aggiieved is hy
appeal to the Secretary of the Treasury. who
is vested hy law with fall power of tnitign-
tion aud remission.
The first section of an Act. approved An
gust 6, declares that if any person or persons;
his, her or their agent, attorney or employe
shall purchase or acquire. sell or give away
property Of whatever kind or description,
with intent TO use or employ the same, or
suffer the same to be used or empl, we'd in
aiding or abetting, or promoting such insur-
rection, or any person or persons engaged
therein, or if any person or persons, being
the owners of any such property, shall know
ngly use or employ. or suffer the use or en-
pIoyment of the same as aforesaid, all such
property is hereby declared to tie lawful sub
ject of prize and capture wherever found.
No doubt can be entertained that this Sec
ton was well considered, ana that its opera
tion was intended to be limited to property
used in furtherance of the insurrection only
Seizure under the Act of July 18th should be
made by the officers as under the direction
of the officers of the Treasury Department
and all District Attorneys and Marshnls o
the United States should afforl all praciica-
ble counsel and aid in the execution of the
law.
Seizure under the Act of August 9th shoult
be made by the Marshal of the district it
which such property may be found, under
the general or particular direction of the
District Attorney or other superior authority
For such seizures there is such non power
of mitigation or remission in the Secretary
of the Treasury, but the District Attorney OF
other superior authority may direct the dis
continuance of any proceeding in relation
thereto, and the restoration of the property
seized.
1t will be seen from an inspection of these
provisions of the Acts of Congress, that nt
property is confscated or subjected to for.
feiture except such as is in transit or provided
for transit to or from iusurrectionary States
or used for the promotion of the insurrecton
Real estate, bonds, promisory notes, money
on deposit and the like, are therefore no
subject to seizure or coniiscation in the ab-
sence of evidence of such unlawful use.
All officers while vigilant in the preven
tion of the conveyance of property to or frou
insurrectionary States, or the use of it for in
surrectionary purposes, and expected to b,
careful in avoiding unnecessary vexation an(
cost 10y seizures not warranted by law.
(Signed) WM. H. SEWARD.
Secretary of State.