Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-05-21
THE coNFIscATIoN ACT.

BY an order ~ the President ~ The United States
der da Of November 10 1862 the Attorney General was
charged with thu direction If all pro-
ceednps b be- bad under tho OF Congress Of 18th July
1862 entitled An act 10 suppress in direction 10 punish
treason and rebellion to seize and co0scae the property
OF rebels and for other purposes" Ia far may
cern the SEIZURE prosecution and condemnation Of the
estate property and effects Of insurgents mentioned
and provided for in the fifth SIXTH aud seventh sections of
t1e said act of Congress.
The Attorney General further au hnrizsd and
CURED give the Attorneys and Mar halls o the Uni
tod States such nstuc ions aud directions he may end
needul and convenient touching all such sezures prose-
cutIons, and cOudemuati ma
BY subsequent order If the President tho Attorney
General equally charged with the superntendrnce
I'D direction Of all pr coed ng 10 BIO had uadrr the act Of
Congress of August h. 1861 entitled A to cons-
Gate property used for insurrectiouary purposes"
Gale superinteld the admin alton Of these sta
ue Mr. Attorney General Bates has issued the follow
Ing instructions and regu,t ons from which 1t Will be per-
ceved that the military authorities have, neither DIR city
nor iudirectly any pow seize the properly of bells,
a, referred to in the orders If the President only far
is required by the Instruct Of tho Attorney General
and only aid Of and in subordiuaton to the civil
authority.
The folio wing are the General Instructions" o. the
Attorney General
ATTORNEY GENERALS OFFICE, JAN. 9, 1858.
General Instruct Distre, Attorneys and Marshals
rlatvs TO Proceedings under s Acts Of Congress for
ConfscUi0H.
The Pres Of the United States has charged the At
torney General with The uperihtendeco and direction OF
all Ocr-dngs Ia be had under Tho act OF Cngrss OF TIE
I7th OF July, 1862, the act of August 1861 com
monly called The coufca ion laws md buthoz and
qured him give TO tao Auoin Us aud Marsbas such In
ructons and rectiuns he may fnd needul snd oon-
venient ,uchrg all such seizures, proceedings, aud
In the executions t that duty find 10 nece
s,ry give but few pr hunay nsiruc lens r.lsvo 10
the seizure of properly with View ~ condemnation uuder
the law. -
The requires the p' oceedirg to begin with seizure.
When xed aud prp ry reported " the District
Attnrney, it be proceeded against Ia court Then
each becomes action pending, aud the laws III
the sufc mt inst uct on to both the Attorney
the Marshai IL all or nary caes il unforeseen diff
arise in the progress Of Gauss 80 rs to embarrass
the District Attorney or Marshal hi, uodo Of pro-
Cot ding sh, ud report this e Stating the precise
facts ind asking instruction. upon the point oi his iculty
With regard tn the seizure OF property, the following
instructions are given; s
/. All seizures will be made by the Marshal Of the
proper district under written authority t. Do given hi
by The District Attorney, sp ciyinR with Reasonable GER
t.inty the property be 80 zed, aud the owner whose
right IL sought To he conn catod
=. When tho Marshal zed any properly under
such authority no will, with ut any unnecessary delay
make a true return thereof, in wiring TO The District
Attorney.
g. The District Attorney shall keep in his Office fairly
written in book duplicate exact copy Of every such
order of seizure made by him and directed The Marshal
aud the Marshal hall keep in his Office ia ry written in
ok duplicate exact copy OF every return OF seizure
which he nall make to the District Attorney And this
we'll for heir safety Tor tie information Of The
Government AID the Cout
he Issuing the order Of seizure trusted to the
dscr tIon OF the District Atom and While ou III
bp vgau to execute the law he ought to be careful to
avoid ha.ty and mprv ent seizures. In every instance
he ought 10 b. saisf that there prob Cause for the
seizure and that h. has reasonable ground 10 believe that
he prove the facts ssay to warrant the
condemn alton Fr OF, erwisr bes des the justice which
may be done TO individuals, III. Goveanueut VIII DO put
great expense AID will be- discrrdited by the frequent
failure If it, prosecutions The strict Attorney must
cessary do this part of his duty upon HIS judgment
responsibility. h is SPOT and has the
Of knowledge willie this Office have the requisite
ni"rma ion of the facts, q detail, OF
cutin, in lhe multitude Of that will probably
in all the dist lots of the nation.
AZ to the manner of maxi the seizure oan do lit
tie ihan suggest methods Of COW, ence.
Wh-re the Sae law directs the method Of s.zure 1t
should be conforned TO nearly may be- consisen y
with the ects Of tue OF ngrrss. If tue hit e.
be seized be personal property IT ought to be actually
seized and SAT kept II rea estae, the Marshal ought
seize all tho right I'll interest and estate Of the
cusd party, giving Locs, IL writing # the te cure to
III. tenants in any Iaocks Other nta
gbe property the ,rha ought (f there be no spenfc
method prscrbd by tue State law to descr bs the pro
perry anly he can in his r-turn and / ave the
court 10 determine the sufi ency OF the seizure.
country prop rty been d BY mliEary officers, with
view to cousc ton under the rcts OF Co gTess In all
such cases. when the miary officer posses ion ia wilt
ing 10 surrender the property TO the evil autnoy 10 Dc
proceeded against according to l,w the Marshal snail
ceve the and make return thereo to tue Distr ct
Attorney, as required in No.2
Alter the Of the property the District Aitor
ney WILL with III convenient rpe proceed in the proper
court for hs condemnation Of the property seiz.d>
As this class Of business In e,urts, Con.
gre thought proper to put your fees mi
n upon basis. The of July IL, 1852, Sc &,
t9I, provd that the said shall power to
allow such tres aud charges of their officers MS snail be
reasonable aud proper in he premises
EDW BATES, Attorney General.