New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-14
TKIE SEIZURE OF CONTRABAND
PROPERTY.

There seems to be general misapprehenson
az to the seizure of the property of Rebels
in this city, and some fear, We understand,
exists among merchants lest in the coniiscation
of ships, where there is only fractional own-
ership at the South, there shall be an unjust
sacrifice Of Northern interests. This appreben'
sion is possibly aggravated by tho question OF
Jurisdiction which has been raised between the
Marshal and the Surveyor.
There are two acts under which seizure has
been made OF vessels owned 10 part or in whole
in the Rebel States; one is entitled SAN act
{" further to provide for the collection of duties
son imports, and for other purposes" approved
July IL, 1861 The fifth section Of this act pro-
yides that when the militia has been called out
TO suppress an instruction, aud the insurgents
have failed to dispense within the time given
them; and when the insurgents claim to act
under the authority Of q State or States and
the Governments thereof do not repudiate such
claim nor suppress the insurrection, then the
President may declare by proclamation that the
people of such State are IN state OF insurrec-
ton, and may prohibit oil commercial inter-
course with them, ADD all property coming
from or going iuto such States, together with
the vessel or vehicle conveying it, is forfeited
20 the United States. Such q proclamation the
President issued ON the 10th Of August. But
the sixth section Of tho act further provides
that fifteen days after the proclamation, any
vessel found at sea or in any port of another
State, owned wholly or in part by persons in
tho rebellious State or States, is forfeited.
Under this act Mr.. Andrews the Surveyor of
this port, has acted in seizing all vessels here
owned wholly or in part at the South, and the
United States Courts have full jurisdiction over
all such cases The Secretary of the Treasury
however, has under the law, power to mitigate
or remit the forfeitures where circumstances
seem to require it. Thus, where fraction OF a
ship belonged to a resident of rebel State
whose loyalty was beyond question, the Sec
rotary of the Treasury has full power to remit
the penalty; or if a ship belonged, Us in most of
these cases is the fact, to Northern owners,
good and loyal men, with only some small por-
ton in the name OF some SOutherner, of whom,
perhaps, they know nothing. and with whom
they have no other connection, then some ar
rangementm may be made either by sale of the minor
interest or the giving of bonds in regard to it, 80
that no loss shall accrue, except to the Rebel
owner, and 10 interruption whatever occur TO
the business of the ship. 1t will be observed
that the fifteen days grace are given to property
in ships exclusively, probably because there is
joint ownership in such property, such as exists
in almost no other, and the propriety of granting
an opportunity to loyal owners Of Kidding them.
selves of the joint proprietOrshp which worked
the seizure of the whole property, was probably
contemplated. The act, being revenue act, re-
cognizes revenue officers as those to whom the
duty of enforcing it exclusively belongs, and the
case may be referred to the Secretary of the
Treasury for adjudication. The other act, under
which the Marsbals proceedings have been, is
that of August 6, 1861, and is entitled San
"Act to Confscate Property used for
A" insurrectionary purposes" IL empowers
the seizure, conliscation, and condemnation.
during this or any future insurrection
against the Government, of any property
of any kind which ia used or employed, or intended
to be used or employed, or such use assented to by
the owner, in aiding or abetting the insurrccton;
tho prizes are to be condemned in the District Cir
cult, OF Admiralty Court, and where the proceed
ings are instituted by the Attorney-Genero or the
District. Attorney, they shall be wholly for the
benefit of the United States, but where information
is filed by other persons the proceedings are for the
use of the informer and the Government in equal
parts. Where a ship is concerned the vessel, we
believe is liboled whether the Southern ownership
is larger or smaller, the plea under the act that
the property is to be used to aid and abet rebellion.
Our purpose is simply to state the different
laws under which the proceedings are made The
Courts we presume, will decide the nice questions
of law involved.