The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-02-06

OFFICE u. S. ATTORNEY, DIST. OF Iowa, /
DAuENPoRT Feb. I'd. 1864.

COm6Scot1Om Law
OFFICE u. S. ATTORNEY, DIST. OF Iowa,
DAVENPORT, Feb. I'd, 1864. !
Editor Davenport Gazette: In a late
number of the Keokuk G0te City, there
appeared an article stating that certain
Cant. Winder of the rebel army, was the
owner of a "tine library and possibly
some other property" in that city, and ask
ing why is not the contiscatiOn law enforce
ed i'm his case?' The answer to the question
is. because the parties having knowledge
of the facts necessary to be proved before
decree Of forfeiture could be obtained, new
er informed the officer of the government
whose duty it is to enforce the law.
NV attention has frequently been called
to property in this State said to be owned,
and which 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, desire for the enforce
ment OF the cOntiscation law, as we'll as
all other acts for the suppression and pun
ishment of rebellion. 1t is, however, one
thing to beitece that the property is owned
by those assisting and giving aid and
comfort to the rebellion, and quite anoth-
er thing to he able to give the necessary
legal evidence TO prove 1t. III many cases
it light be shown that the owners resided
and were within the lines and under The
eminent but that fac. alone would not be
sufficient. 1t must be shown that they
have assisted and given aid ana comfort 10
the rebellion.
The difficulty Of obtaining such evidence
under existing circumstances. while vast
armies confront eacn other along the entire
line OF the two sections Of the country, and
the most stringent laws are enforced on
both sides 10 prevent communication. and
the necessity for some change III the law III
order to make it effective, must he appar-
ent to all. ! have called the attention Of
some of our members Of Congress TO the
difficulties OF enforcing the contiscation law
as il now stands, and have suggested such
changes as il seemed TO me would make it
effective.
The issuing the order of seizure is trust
ed 10 the discretion OF the District AttOr-
nev, and While he ought TO be vigi!ant to
execute the law, he ought 10 be careful TO
avoid hasty and improvident seizures. IN
every Instance he ought TO be satisfied that
| there is probable cause for the seizure. and
| that he has reasonable ground - believe
! that he can prove III court the Il. IS Eeces
sary to warrant the condemnation. For
| otherwise. besides lhe injustice which may
be done Individuals, the Government Will
\ he put 70 great expense. amt VIII he discreet
tied bv the freQuen. failure Of its proeecu-
lions. Such is the language used III the
instructions issued irola the Department 10
! United states District Attorneys IN regard
20 their dutv under The G0nhscation Act.
l. j. very evident that under these instruc-
lions and indeed no instructions We're nee
| essary 10 satisfy Gse,} thai wholesale selz-
ures Of property based upon the vaguest
suspicious, or upon The simple fac. OF resi-
dence within the lines Of the southern Con
ieGeraey without having one iota OF tesfi-
mony 10 prove the assisting or giving laid
and comfort 10 the rebellion w0UlG be con-
! s;cered ''hasty and improvidenl seizures
putting the Government 10 great expense
and discrediiing il by frequent failures Q!
Is prosecutions. And Yet l have been
urged most strenuously 10 ORDER seizures OF
property, simply because OF the general
oUonlGa that il came under the law, and TO
;rus, the futurA development of the neees-
sary evideneeswhle as 10 the source and
character Of such evidence no suggestion
WAS given. IN all such cases my views OF
duty 10 the Government. as well as my in
structions from the War Department re-
quire that | should decline, but / have
always stated to the partie making the
suggestion, that would cheerfuliy act in
regard to such cases. wherever there should
oe unreasonable around 10 before titat I con
prore IN Coaft the factS NECESSARY 10 seof-
rant @ condemnation And / request and
desire that all persons having knowledge
of property in this State, owned by parties
assisting and giving aid ard comfort 10
the rebellion" and OF witnesses by whom
facts necessary to warrant Il condemnation
can be proved, should at once inform me
as TO such property and witnesses.
Such crime against humanity and the
cause Of liberty, As has been committed by
those engaged in this REBELLION, requires
that an example should be mate in
their ease, which shall forever prevent its
/ recurrence, and establish the foundations
of this Government upon a basis SO firm
that none hereafter Will ever attempt its
overthrow. and / shall cheerfully assist
in the enforcement OF any law having III
view the accomplishments Of that object
Yours respt'lv, w. II. +. GURLEY
y. S. Atty, Dist. of Iowa.