New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-24
CoSErsCArToN AND Amnesty.


CCNFEsCATEON AND AMNESTY.
An order from the Attorney-Generels Office
has been laid before the country concerning
proceedings under the ConGscation act. 1t IS
very innocent order on its face, but is destined
20 exert, if adhered to, very extensive infiu-
ence on the tenure Of property in The Rebel
States. For the effect of ii is, in substance, to
place within the cOntlol Of the L. S. District
Attorney the final disposition Of cases affecting
property now liable to coniiscatioD.
The exceptions in the order profess TO restrict
its operation within the terms Of the Amnesty
Proclamation, but they DO not restrict 1t prac-
tically. A Dstrict-Attoney who is instructed
to discontinue proceedings ia rem, except in
cases where the rights of third parties have IN
tcrvcned, is thereby empowered to say in what
cases such rights have or have not interviewed,
ard there viii be many cases in which such
a question viii be very narrow one, and IN
which the parties will think themselves en-
titled 10 a judicial determination Of their rights.
For instance, the Government has leased, and
is leasing, a great number Of plantations on the
Mississippi. Proceedings in some cases have
been instituted for their confscation The
Rebel owner comes forward, takes the oath,
ana applies 10 the District Attorney for o dis
continuance, with view to take possession. If
the lessee is in, possession, it may be tolerably
clear that his rights arc superior for the time to
those Of the owner. But suppose be is not in
possession, but has executed the lease, made
his contracts for labor, and invested cap
ital in tools and machinery. Or suppose
the lease has not been signed, but an
agreement for q lease has been made with
the Government agent, and the future lessee on
the faith Of il has made preparations 10 occupy,
In either OF both of these cases, have Z" the
rights Of third parties interviewed so as TO pre-
! vent the discontinuarce Of the proceedings
And If So arc The proceedings TO lie temporarily
! suspended, or 70 he pressed to final Judgment!
Or is the District Attorney to use bis discretion
in that matter slsO1 And whichever may be
the course intended, Is il not 0byioga 20.
there arc numerous and intricate que - of
law, involving immensely valuable iisits of
parties, which ought TO be settled by Court,
but which by this order age left 10 the dctorIni-
nation Of an irresponsible cficiali Ii he decides
wrongly, what remedy has the party wrongsd ?
If lie decides rightly, what assurance has dc
party against whom he decides that 10 haa
been fairly, justly, legally, dealt With AZ
There could DO no grayer questions than ere
| By this order committed TO officers who by law
have no jurisdiction Of thcm. They ore not only
10 decide inwhat cases the rights Of third parties
have interviewed, but whether the party seeking
to be relieved has taken the oath in good faith OF
not. Suppose he really took it in good laith, but
the District-Attomey thinks not, and goes on
with the libel, and mainline the rights Of third
parties intervene. VIII It on the trial be COM
pctent for The owner to show that he once was
entitled to his property, or ere the subsequent
claims paramount
Everybody abides the judgment OF regularly
constituted Judicial tribunals aoquiescing in it,
ifhe doe5 not approve it. But who will consent
10 be bound, or who is bound, by decision
proceeding from an officer invested with magis-
teral functions, unknown to the law
We suggest but few of The difficulties which
occur to us in The way Of the execution of this
order consistently with the rights which it i'm
perils. 1t viii b. found on confederation. 70 w
volye o delegation of the pardoning power
which the Constitution rcposes in the President
70 officers ofwhom the country generally knows
nothing, whom itcannot trust, and many orwhom
in the insurrectionary districts arc yet 20 be
appointed So enormous power in such hends
can scarcely be viewed without alarm. ~ the
order which concrs it was issued hastily, we
trust it may be recalled or modified. Gde-
liberatcly, some explanation Of the reasons
which seemed to those in authority to justify IL
ought to be submitted TO the country.
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LORD UEHBY,S SPEECH.