Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-10-22


oteYeTy citizen speedily TO give information t. Il
officer charged with the execution eve,
lsnas tenenents and hereS itaments goods and cha
8 tells rights or credits, within the Confederaev
held, owned or possessed by or for anv a;ao .,
z | envy e@
2 The third sections imposes similar dutv IN az
~ attorney agent, former partner trustee or ott
: er person holding or controlling any land goods =
cosei7 rgats or creui's Or any interest therir 70
ny such amen enemy. Any person wilfulIv sa,Ii,
. comply with the provisions Of this sertior q, \
Jets himself 10 fine not exceeding five tbousan5
dollars 20 Imprisonment not exceeding six mont,
ana 10 suit ard liability to pay double the amour
| OF tie value o. the property estate or efr,ess =
tue a-a2 enemy so held b. him or subject 70 hi
order - " AZ
By virtue of these two sections it viii be nor
eelTed that the persons liable to be effected by bs
act may De UiRssed uUder two heads : TFirst ,hao
who Indebted by bill note, or aeeonnt n tfe
allen enemy; Secondly, those who are acting a
tneIr agents or IN fiuciary capacity for them.
Inc COMMITTEE do no propose to discuss the ope.
ration of the law on those who acting as agents
or II dduciary capacity for alien enemies fur-
Their than TO say that they do not see that anv
ship likely to result to that class of uersens IL
! they do not wish TO continue the agency or tru,t
they have only TO hand over to the RECEIVER The
pro3erty eHects' or credits IN their hands, and are
thereby discharged from fnrt4er care or HahiIitv
with the other class of persons to-wit: Those who
are indebted 70 the alien enemy the case ia differ
ent They are required to render TO the RECEIVER
schedule OF such Indebtedness, and 10 pay the
amount due into his hands, or into the Confederste
Court This they are unable to 90. The ability Of
large majority of our business men to paw the
DEBT due the alien enemy depends on their cOIee-
tons, or in other words on their bills receivable
from which. at this time it is impossible to realize
any thing, Not being able to collect what is due
them, they cannot pay what they owe Since the
commencement Of the war they have realized moth
ing out Of the debt due them neither is the
prospect for the future any better. In some
ThaG Fof ,I-1r1 =
Legislature in the collection Of debts until after the
close Of the warm others for shorter periods of
time and in others the courts ia pursuance Of
aresoutio1 or reqeust without the passage of DOS
tive statute, for that purpose refuse TO hold the
courts, or render judgments
The cOmmitte are spprised that by the sixth |
section of the act which prescrbes the |
mode of proceeding in the confederate courts In i
collecting debts ("Credits.') 1t is provided that
such delays shall be allowed as NAV have hem or
may be prescribed in any State as to the collection
OF debts therein during the war; and it may be said
that this gives 10 the debtor to the Seouestered |
fund all the indulgence he has right to ask or ex
pett The committee however, do not think it does |
The ability of that class CT persons who are indebt
ed to cur Alien enemies to collect the debt due them
depencs In many cases not or the law of the State
where they reside and by which they will be bound
IN the Confederate Court but are the laws of other
otateS' aad these sc they sre advised are by no
means uniform on that subject The citizens of
tennessee, have large amounts due them in Ala.
oama mississippi and Arkansas.
The merchants OF Charleston, have large balances
against North Carolina, Georgia and Alsbama.-
Iexts, Mississippi and Arkansas are indebted IN
New Orleans. The debtor to the seuuestered
und, may reside in q State, that pres
;rlbes no delay in the collection of debts
while his means are invested and have tn he
collected IN those States that have delayed payment
lIui after the close Of the war. Or the deiav in |
! State may be incidental or indirect BY the abo
Iton OF the State courts the extension OF their
erms, requiring them to be annual biennial or fri
nnlal, or Il may come in the form of resolutions
equesdhg suspension OF judgements and not by
positive statute. In neither of these cases do the
suppose the law would be so construed
IS to secure delay in the Confederate court to a
eb:or to the sequestered fund on the ground that
delay was prescribed therein" by the Static
OthIng but positive statute 1t is sunnosed xould
'e he'd to be prescribed delay" Ifgiven at ali.
. the absence OF positive statute the COMMITTEES |
hink It more reasonable TO suppose that it wouId
e done under the prov so of The sixth section fin IL
ended as the committee think for agents and
rustees) by giving security for the principal and
ne punctuai payment Of the interest a
rms would be requiring Of one class of debtors
s lie Ia"s OF the States row stand what thew |
oHld no- demand or obtain from those indebted to
7em 10 addition 20 this it may be said that from
ie great un2e'tfa'y, In times like these of debts
] which Their aeGns are principally invested and
'on TIE almost total StcppGEe Of collections but
~ persons would hsye the ability to do eithsII :
HytHSt st'iSuS OtJ-cl!oHS 10 the law iE now
amos Il, thai the judgment in Court 70 TIE seoUes
red fund might and probably will, operate ss
IN On the property CT debtors in favor of that
ind to the PreJul.ce Of domestic creditors
The committee therefore conclude that il is nm
'asonsbs that more should be required of our I
.iz2ns 6y the SeQuestration Act THAI would have p
n, by the laws of the Sta es and of nations had
u that act been passed
They recommend q memorial to the Confederate
ougress praying change or modification of the
Z IN Conformity to the views herein expressed t
ID ere TO the General Assembly of this State now :
SIS &C., requesting most respectfully of that
dy 10 m4turvy consider this subject and instruct n
IT Senator's and reques; our R representatives. in y
'7gress 10 vote for. such amendments 10 the Sc a.
estrat.o1 Acs IS viii affJId to the people the re- -
f asked for -
Al Ct which is respectfully submitted
THOMAS l.. BRANsFoRD. n
L BET CHI,
WILL Il. CALHOUN h
JOHN B. NCFERRIN VIC
a z Hicks,
JOHN TERRAs
W. NJ. Cooke
S. HOLLINs
Burn 7
e HHLMAS 4
A J DUNCAN
- WALKER =