The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1864-02-10
THE GATE CITY.
KEOKUk:
WEDNESDAY, FEBRUARY 10.
The Cenflscasisn Law.

NJ OOAkhUO2BHOA A8Vys
OFFICE Z. s. ATTORNEY D1sraacr or Iowa,
DAyESPoaf, February ID, 1884.
EDITOR DAVENPORT GAZETTE: In a
late number of the Keokuk Gate City,
there appeared an article stating that a
certain Capt. Winder Of the rebel army,
was the owner of " fine library and pos
sibly some other property in that city,
and asking, Why is not the confisca-
ton law enforced in his case ?" The
answer to the question is, because the
parties having knowledge of the facts and
of the witnesses by whom the facts neces.
sary to be proved before decree of for
fixture could be obtained, never informed
the officer of the government whose duty
ii ia to enforce the law.
My attention has frequently been call
ed to property in this State said to be
owned, and which I doubt not is owned
by parties who have and are aiding and
assisting in this rebellion against the
Government, and there is, very properly
on the part of all truly loyal men. de-
sire for the enforcement of the confsca.
ton law, as well as all other acts for the
suppression and punishment of the rebel
lion. 1t is, however, one thing to beliert
that property is owned by those assisting
and "giving aid and comfort to the re-
bellion," and quite another thing to be
able to give the necessary legal evidence
to prove it In many cases it might be
shown that the owners resided and were
within the lines and under the control Of
the so.caIled Confederate government,
but that fact alone would not be sufi-
cient. 1t must be shown that they have
assisted and given aid and comfort to the
rebellion.
The difficulty of obtaining such evil
dence under existing circumstances, while
vast armies confront each other along the
entire line of the two sections of the
country, and the most stringent laws are
enforced on both sides to prevent commu-
nication, and the necessity for come
change in the law in order to make it eff
fective, must be apparent to all. have
called the attention of some of our men,
bers of Congress to the difficulties of en-
forcing the con6scation law as it now
stands, and have suggested such changes
as it seemed to me would make it effec-
tive.
1.-The issuing the order of seizure is
trusted to the discretion of the District
Attorney, and while he ought to be vigi-
liant to execute the law, he ought to be
careful to avoid hssty and improvident
seizures. In every instance he ought to
be satisfied that there is probable cause
for the seizure, and that he has reason
able ground to believe that he can prove
in court the facts necessary to warrant
the condemnation. For otherwise, be-
sides the injustice which may be done
Individuals, the Government will be put
to great expense, and will be discredited
by the frequent failure of its prosecu.
tons" Such is the language used in the
instructions issued from the Department
to the United States District Attorneys
in regard TO their duty under the Conf
scation Act. 1t is very evident that I'M
der these instructions land indeed no in
structions were necessary to satisfy me),
that wholesale seizures of property based
upon the vaguest suspicious, or upon the
simple fact of residence within the lines
OF the Southern Coniederacy without hav-
ing one iota of testimony 10 prove the as
sistlng or "giving aid and comfort to the
rebellion" would be considered "hasty
and improyident seizures putting the
Government to great expense and dis
crediting it by frequent failures of its
prosecutions. And yet I have been urg-
ed most strenuously to order seizures of
property, simply because of the general
opinion that it came under the law, and
to trust to the future development of the
necessary evidence while as to the
source and character of such evidence no
suggestion was given. In all such cases
my views of duty to the Government, as
we'll as my instructions from the Depart
ment, require that should decline. but
have always stated to the parties making
The suggestion, that / would cheerfully |
act In regard to such cases, wherever
there should be reasonable around 10
'et'ere that 1 can prove IN court the facts
TO warrant condemnation. !"
And request and desire that all persons
having knowledge Of property in this
State, owned by parties assisting and |
giving aid and comfort to the rebellion y
md OF witnesses By whom "facts neces.
'ary to warrant condemnation can be
proved, should at once inform me as to |
such property and witnesses.
Such "a crime against humanity and
Inc cause of liberty, as has been commit
Ted by those engaged in this rebellion.
requires that an example should be made |
n their case, which shall forever prevent
is recurrence, and establish the founda. |
ION OF this Government upon a basis SO
irm that none hereafter will ever attemnt
is overthrow, and shall cheerfuly as
ast IN the enforcement of any law having
n view the accomplishment of that OBJ.
ect. Yours resnectfuIlv
W. H. f. GuRLEr.
U. S. Atty Dist. of Iowa.