Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-01-22
+, ~ NoRToS,
Marshal ". D. Va.

Edtsard W. Norton, Marshal ofht Di,trici
Court Of IvrsitrR FHgiaia:
learn from Information derived from
various parts II the District, that the oil
cets aud soldiers OF the Federal army are
usurpiug your power, OF seizing property
supposed To be forfeited 10 the unitel
States, under the Re; Of Congress, approved
August Glh, 1861. This act gives TO the
civil authority of the United States the Gu
tire control OF forfeited properly, and you
are constituted by Law The sole agent OF
The government, TO make the arizure 10
Western Virginia, uuieg my lirectiol a.
the District Attorney OF the United States
Tor Western Virginia. The military have
noright or authority to make such seizures,
unless as your agent and upon your re-.
quest-whenever from resistance or other
cause tits necessary for you to invoke the
aid Of the military, il Is their duty to assist
you. They are the posse OF the civil power,
and can legally act only when asked.
1t Is important to the Qniet and peace o!
the people Of Western Virginia, to give this
direction to all proceedings against iOr-
iciIed property. BY II the rights Of the
Uniied States are secured, by being placed
in the hands Of the civil officer when every
net is placed on record, and he thereby
made readily accountable. An opportn-
nifty, at the same time, Is given TO thu for
telling owner to contest the forfeiture, and
the parties having lien or claim on the
property may appear in Court, make him.
SELF party 70 tue proceeding, and Sindi-
unIe Ills iieHDg claim. Bat when seized by
The soldiers or officers, tbcrS Is no check
upon them; the property may be wrested
aud. wholly lost to the government, the
former owner and the party holding the
lien or claim. But regard the excitement
aud disquieindc produced in the commu
nifty by lawlcss seizures as even u greater
evil than all others,
For these reasons, and others TINT might
be enumerated, wish TO press upon you,
and your deputies, the necessity Of the
most vigorous measures TO take charge Of
this whole subject, and prevent all seizures
by the military, With one exception, |
have found the military ready to admit
the superiority Of the civil power Il is
my request aud direction that you or yonr
deputies call upon the military, in every
instance where they have seized property
as forfeited aud solicit its delivery TO you
and in case of refusal to DO so, to make
out list Of II, as nearly as practicable,
and the name or names Of the party or
parties who shall refuse to deliver it, and
report 10 writing such refusal, with the
list of the property. However mightre re-
gret the necessity, shall feel it my duty
to institute legal proceedings against ali
persons who may withhold the property on
demand made. Hereafter it will be ex-
pectcd that all officers md priyates shall
abstain from further seizures, unless it
may be necessary to preyeut its removal
from the Jurisdiction Of tho Marshnl. In
which ereat they viii Immediately deliver
the property TO you or your deputies.
Itany authority, beyond the act OF Con.
gress above recited shall be required 10
sustain your authority, or that Of the Dis
,rict Attorney, reference may be had to the
circular Of Secretary Seward, Of the 2lsI
Sept, 1861, which thoroughly sus,Nins the
positions above stated. II may not be
aniss TO state in this connection, as u
friendly admynition to Ill whom il may
concern, that unauthorized seizures, by
unauthorized parties, subjects all eoneern.
ed in the seizure, 10 the action Of all those
who may be aggrisved By ii.
iIEYI. u. SNlTn,
District Attorney Of the U. S. Court for
Western Virginia.