, 1863-07-12
DISPOSITION OF REBEL
PROPERTY.

heard yO#Dg vengeance upon the lo}A poI-
tfon Of the community.
DISPOSITION OF REBEL
PROPERTY.
Circular from the Treasury Depart
meur.
The following circular letter has just been
issued by the Treasury Department:
TREASURY DErAHrNEsr, July 8, 1863.
S1R-I hare received your letter Of the 5th
ot June, from Memphis, and also those OF
previous dates from Cinc1una&, relative to
The collection Of abandoned and captured
property within the States heretofoze de- |
c1nred to b. in insurrection.
In reply, think it important to direct your
attention, in the first place, to the general
the district under your supervision may be
arranged.
The1e may be said to be four classes Of |
property In the insuIrectfonary region-Viz:
abandoned, captured, commercial and confis- |
cable.
First-Abandoned property is Of two de-.
scriptior1- FIRST TINT which has been desert |
ed by the owners; and second, that which
has been voluntarily abandoned BY them to
the civil or military authorities Of the United
received By the special agents Of this depart
ment and sold, under the authority of the
act Of March u, 1868, and the proceeds, after
deductiDg the expenses Of transportation and
sale, and other expenses attending the collec
tIop and disposition thereof, are to be depos-
tied in the Treasury, subject to award by the
Cont Of Clalms. Before this court. claim
ants Of such property, or the proceeds there
Of, have the right, under the act, to prefer
their claims at any time after the sale, and be-
close Of the war. No guarantee can be given
to owners Of abandoned property 10 respect
to the time when, or the per5ons to whom,
proceeds will be paid.
Captured property is understood
to be that which has been seized or taken
naval forces Of the United State 9. and is to be
lnr1ed oscr, with cersain exceptions named,
to the special agents Of this department, in
accordance with the provisions Of the act Of
March u, 1863. AL properly taken possess
sion of By mI1lta , or navu1 fore 8, and turled
over to special agents, must b. regarded as
p'tma Jaetd captured property. Such property
you will receive and direct to be sold, und
will cause the proceeds to ba deposited In the
Treasury, subject to the futurd award Of the
Court ct Claims.
Captured property which Is held as 1awfu1
prize by the navy, is not to be turned over to
the depa't tment agents, nor to be in any way
controlled By them
Third Commercial property Is that which
has been or may be sold and purchased under
luE 1GEutt u. tuE Ilte44Gut1 tu1Ua5A pElmlt5
granted By the officers Of the Treasury De-
partnert.
). Fourth Conlscable property Is that
which belongs to certain classes of persons,
rs reclted in the Condscation act Of July II,
1862, aid is liable to seizure and eondemna.
ton by judicial proceedings In the manner
prescribed by that act.
Great care must be exercised in properly
c!assity Ing I'LL property, that the provisions
Of law applicable to each class may be COM
piled with; aud it must be remembered that
with the property included In this fourth
class, unless found deserted and abandoned,
the agents Of the Treasury Department have
no authority to interfere. The execution Of
the Condscation act Is confided, by its ex-
press terms, to the President, By whom the
Attorney General has been charged With the
direction Of al seizures and proceeding un-
DIR it.
1t tmust be remembered, also, that all prop
e1tY coming from fnsurreetfonarY districts,
| into loyal States, or in reyersed direction, or
| transported within or toward dinsurrectionavY
districts, In contEaycntion Of Law or depart
mental regulations, Is forfeited or forfeltable,
and that It is tie duty Of the agents Of this
| department, as well as Of other proper off,
GERS, to enforce the forfeitures thus incurred;
| but prcper.y thus forfeited or forfeitable
must not be confounded with conascated or
against and disposed Of under the act Of July
! u, 1867, or with prize property captured BY
the navy, and subject to disposition under the
direction Of prize commissioners and courts.
| In resrtct to property embraced in the first
class, n"1nely, abandoned property, let me-
| begin By saying that it.was not intended, By
| the Injunction In a former letter, to encour-
| uge voluntary abandonment By proper assu-
RANGES, to sahctiou any other assurances than
the property Voluntarily Abandoned should be
faithfully disposed Of under the law, so as to
Recnre, as far as practicable in the existing
] fnrhifffin ff the r1f1frV fhA rGUhfa Nf n.
ers. No authority was giTen, or intended to
be given, to agents to make any promises Of
special lmmunilies or advantages not speci-
lied In thu law.
doned property, whether found deserted or
voluntarily abandoned, the Inv authorizes the
payment Of such expenses ns must neeessa-
rily be incurred IN its collection, or receipt
and disposition.
You will, therefore, pay all such expenses,
including. fees, taxes, freights, storaoe
charges, labor and other .z,:r,surr cxo,sor
hes, ons o' 1ae fund arising therefom,
,:reta1 to avoid all useless or inaiscreet
lot or parcel with the specific or proporlion-
ate amount Of expense pertaining to it, and,
unless uDayoidably prevented, to take voucI,
ers therefor, to bu filed with the account Of
sales in this department.
Where property is uable to be lost or de-
etroyed, In consequence of-its location being
unknown to the special ngents, or from other
CAUSES, md parties propose for compensation
to collect and deliver 1t into the hands Of the
agents Of this department, ut points to be
desigated By them. you may contract for the
collection and delivery thereof, on the best
possible terms, not exceeding twenty-five per
cent. If the proceeds Of the property, which
per centage must be full compensation for
ill expenses Of whatever character incurred
III collecting, preparing aud delivering such
1r%S] nfrk. n$sr%1 AL n.f-
contrnct being entered into, each party propos-
ing must submit, in writing, q statement, as
near as nny be, giving the Kind and amount
of property proposed to be collected, the To-
Gallon whence to be obtained, and all tie facts
aud circumstances connected with it, partic-
ularly as TO its ownership, and any contract
nude In pursuance of this authority will be
restricted either to the collection and deli7-
cry Of particular lots at named localities,
which IL preferred, or, when circumstances
| CLEARLY Justify, to the general collection and
delivery Of all the abandoned property in lin
tied districts, not greater, IN any case, than
one parish or county, aud not more than one
district to be assigned to one contractor.
Before payment to any contractor for SER
| vices IN fnlilmcnt Of any contracts made In
pursuance Of this authority, a bond equal to
| the amount stipulated to be paid must ba
against all claims to the property delivered
on account Of damages BY trespass or other
wise, occasioned By the act or connivance Of
the contractor; and against all claims that
| may arise On account Of expenses incurred In
tlon Of eaid property to the points designated
| in such contract.
Should cases arise justif5in in your ooiu-
Ion, the allowance OF larger per centage than
that herein authorized, yon will refer such
caees to this department, accompanied By q
statement Of the facts and circumstances con
| neCted Herewith. tnpether With arrh vin1ra
and opinions Of your own as Jon may think
| proper to submit for my consideration.
IfpToperty Of a perishable nature Is found
abandoned, and Its Immediate sale Is required
BY the interests Of all concerned, 1t may be
disposed Of ooS ss provided for By the act Of
far as possible, and will in no case do any
| thing avoidab1e to augment, the calamities Of
| var.
In re1ation to captured property You will
| observe the same directions, as far as they
may be applicable, as to its receipt, aud sub
st quent disposition, as are prescribed in rela-
| tion to abandoned property.
In relation both to captured and abandoned
| property, you will please remember that no
| releases must be granted to PERSONS claiming
ownership OF property which has come to
the posses sion of the agents Of the depart
nor must any permits be granted to fndivid-
uals to remove such property; nor must per-
sunal tavore. In any case, be extended to
| one individual ..or party rather than to auoth-
| er; LOT must any liabilities be assumed or
contracts made on the part Of the United
States not clearly warranted BY law and
| the department regulations, made In pursu-
ance Of Law.
In case furniture, or other movable prop
erty Of like character, is abandoned or cap
1ured, you will cause it to be retained and left
on the premises where found, whenever it