The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-01-27
lFor the Richmond Dispatch ]
The Ssausss5asfea Law--Iss Opsrasis> =,
che 8outh

For the Rishmo ond Dispatch
The sssasssrasfsa Law-Iss Operation as
shs ssuth.
We propose briefly to discuss the policy Of
the law. without reference to It's lssaff,, or
eonssiss,ionsliy. and to consider IL operation
on (rtsnds and not on our Nor thorn enemies
The North has little claim upon our indul.
gence. Indeed. there Iies the trouble. Men
who deetrs TO retaiiata upon the North, for.
get to look at the home effects of retalfatory
legfslation. We propose to show that the
law II sword with two edges, and the
southern edge, perhaps, the sharper and
more encactous Of the two.
The nrst and great Characteristic OF the
law, Its very essence and eist, IL to change .
mans crsdieors. The creditor with whom he
contracted II no longer the creditor with
whom he must settle. War, with Its many
disabilities and disadvantages, brought TO
suit by allen enemies. BY the act in question
this relief 10 taken away, and the right to sue,
which in the old creditor was In abeyance, is
conferr cd ON new substitute creditor-the
cipls. and bottom Of the law. The loss Of in.
dulgence during the war-a period OF pecu-
liar exigency, when time may make all the
difference between solvency and insolvency
uAueIA0O tu0 WuOt0 Ok IL. NOT - tulS Inc only
change in the legal status of the creditor -
The governmsnt-the new creditor-not only
nay sue, but must sue. It 10 q hard creditor.
IL grasp, IKE tha. OF machinery, n iron. In
human. It cannot indulge, cannot compro.
mise. It has NO future customer to secure,
nor reason for foYbearance.
A second great hardship II In the change
OF forum, or place in which suit is to be
sequestration law are answered in the Con-
federAts COurts--not In the defendants' own
county. This Is no trining hardship. To
conduct litigation at a distance is exceed
stitutlon Of Georgia and Of some other States,
and the legislation, perhaps, OF most or ali
Of the States, provides for administering Jus
tice in the county Of ones residence. Here,
is not neglected; here he has NO expense Of
travelling back and forth here are the law
yers whs attend to his business and possess
his confidence. There arc but one or two
Uonfederate Courts in State. In these all
litigation mests-from North, South, East.
and West, city or county. Merchants from
other cities, Villages, and the county, are
all called to answer here, and, II there be
litigation, to select new counsel, and provide
for business at, home during their own ab.
sence.
In the new forum judgment IL rendered at
the first term. At the close OF the war the
debtor must meet executions instead Of notes
The change Of forum gives priority to the Gov
ernment representing the foreign creditor)
over the donestic creditor suing IN the State
Courts. Thus, II the law be strictly admins.
tered, rfrtusl lien is 6iusn to me foreign al tAs
sxpsase Of tie domestic creditor. While this il
technically and theoretically true, the pro-
liability 10 that there will not practically be
much left over after payment OF seQuestra-
ton expenses, wastage. &C.
ry exposure of the debtors affairs. This act
not only exposes tho condition Of his pro-
perty, but (the surest means Of precipitating
is at best the most cfiicious proceedins known
to the law. 1t takes hold Of those who
have violated no law-nor made themselves
amenable to process. Men usually have
cur liabilities to one creditor which they
would have avoided with another. The pres
ent law, more ofiicious than an ordinary gar.
nishment, asks not merely for the debts due
itors-who, In the case of merchants are often
almost their sole creditors. It does not, a.
an ordinary garniehment, specify the credi-
tors name, but fishes the debtors conscience
dates, and all. The Information thus OBJ.
tanned in regard TO all, 10 concentrated At head
quarters in each State. Nay, the law inquiries
not only a. to Ons's own debts, but a. to
ones knowledge Of his neig ghbors, and makes
ceedinEs tend to embaTrass and often ruin
men who would otherwise be able to work
out OF their difficulties. The storm OF war
uccUS uO SuVU 6S&EaY9uOuB dS tQSS0s
The law, In the fourth place, 10 retro-ac.
ton. Many payments made before its pas
sage are regarded as mil. Settlements then
made are disturbed and urmade. Payments
to original creditors are req uired to be made
over to the Government. THESE are terrible
times in which to pay debts twice. 1t may
be said the first payment should not have
been made. We will not discuss tho law
point. Whether the state Of war only aus
pended the creditors right of suit, leaving the
right of payment without suit at the option
OF the debtor, or whether the contrary doc
trine II true. But should not notice to The debtor
not to pdy have been ample, actual and hon.
est-giyen in q disuact and authentic form
The state Of war was not of itself such no.
ttce. II this were indeed an incident CT such
etate-many were utterly and bo oa fide ig-
cantions were necessary between two peoples
80 recently constituting one people, into nu-
merous relations and varied Intercourse -
Although Ignorance OF the law be no valid
made trap. but be we'll prom ulgated. And
In the policy of 4oUrnmsns, legal ficttons
should not be confounded with actual fact
The intercourse between the two sections OF
what had recently been one country could
not be SO instantly and completely sundered
as that between nations always separate
Our opn G0u~nmcnt for months recognised this
difficulty, by allowing the transportation Of the
mails, by the settlement of postmassers and
contra ctors with the old Government, and
by humorous p2,ehasss made BY Itself. Tslegrams
still passed between the two sections, rail.
road trains passed over the line. The line
itself was indefinite, and we hoped (and still
hope) might reach higher. Go. partnerships
citizens who, after tho separation, were cia-
zens of different countries. Settlements
were almost unavoidable necessities. The
hard cases beyond measure which have thus
the Law others have dwelt, and we pass 1t by,
for to suggest 1t ID to argue1t. D.. IS .-.'
There II great indefinitenees Of tnforma-
tion as to the extent Of our wrongs. We do
not know what proportion the wrong and
remedy may bear to each other. 1t may turn
ont that Ave or ten times a. much has been
seized ito the great detriment Of Southern
menl a. was necessary to indemnify losses by
advisable to gauge, the matter more thorough
ly, and apportion the remedy to the evil
Suppose, for example, that Southern suffer
ers By tho confiscatton act were authorized
the course OF procedure guided, by distinct
reference to the least hardship upon 9th er
Southern citizens. There IL much room for
discrimination. In illustration Of this,
tees or corporations who hold the pro-
pvty in kind Of Northern men-as COM
pared with men who simply ors money
at the North A trustee holding ten negroes
would he relieved Of liability by turning
road or bank president, i'm whose company
ten shares Of stock were held, need but turn
over tae ten shares but the debtor, whose
debt twelve or fifteen months ago would have
been paid BY the sale Of ten negroes or ten
shares, would now have 70 sell fifteen or
twenty. Rutnous sacrifices would charac-
terize the ono class, while the other 10 un-
ahsctsd by the times. Nor can the debtor
class provide security BY mortgaging the
same amount Of property as ,fOrmerly. The
foregoing IL one illustration ont Of many of
the necessity Of greater discrimination in
the law.
We deprecate the great fund for cor.
ruptiop furntshed by this law In our own
country. In its indsllnite grasp, the expense,
waste, corruption, and mismanagsment, must
be Immense The object Of the law 10 70 pro.