Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1864-04-02
NUMBER Is.

nal indictment, on against the property
under the conliseation act referred TO-
The President has accordingly dirooted
lno'to instruct you that, in any case whore
proceedings have boon commenced and are
peudug and undetermined, in the District
ar tireuit Court of the United States for
your district against n person charged with
acts Of rebellion, and not OF the excepted
class, whether thoy ho by indictment or by
seizure and libel Of his property for oonfs-
cation, the rights of other parties not hav-
interviewed YOU will discontinue and put
an end to those proceedings, Whenever tho
porson 50 charged shall produce evidence
satisfactory to you that ho has, in good
faith, taken the oath and complied with
the conditions prescribed By tho Presidents
proclamation OF December Sth 1863. Nor
is it necessary that the evidence which he
produces should bo deed Of pardon signed
by the President II would be quite i'm
possible for the President TO furnish the
mutjtuIcc who are now avsiinc themselves
II tho benefits Of tho procamations, aud
who likely TO do 50 hereafter, with this
evidence Of pardon, 1t will bo suflicioEt 10
Justify your action, if the party seeking to
be relieved from further proceedings shall
provo TO your iulI satifscton that ho has, in
good faith taken tho oath and brought
himself within the conditions of pardon
snd amnesty set forth in tho proclamation.
IT, in any cu,e, YOU have good reason TO
believe that the oath has been taken for the
nero purpose Of obtaining possession of
personal property seized under tho conds.
cation acts, with lnient to remove it from
the Subsequent reach Of tho officers Of tho
law, you will mako report Of the fact and
roasonS for your boliofto this office before dis
continuing the proceedings or restoring such
property TO the possession Of the owner.
ForicitUros uudcr the fllh section Of tho
act Of tho 18Th Of July 1851, chapter 3, are
not Of the class reached by the Presidents
proclamation, for, uudor that act, the cues.
ton whether tho property soi1ed is subject
20 Forfeiture depends upon the prodicament
Of tho property itself and not upon the
personal guilt or innocence Of its Ownor--
In This respect, tortetures under that aos
have more resemblance 10 cases Of prizes Of
war captured at sea as enemys property,
than to proceedings undor the acts Of Au-
gust, 1861 and May, 1862 Such forioitures
are enforced, not SO much to punish the
owner for disoySl acts, as to prohibit COM
mercial intercourse, and to weaken the pub
lie enemy, which are always efficient instru-
ments and legitimate effects Of public war
But although the remission of lorlotures
under tho act Of July, 1861, arc thus not
within the scope Of tho proclamation Of
pardon, Still ample power is conferred on
the Secretary OF the Treasury by the 9Th
section Of That act, mitigate or remit sll for
teitures and penalties incurred under tho
act, And it is not 10 bo doubted that, in
all proper cases under that act, where the
owner Of property, residing in tho torrito-
ry in rebellion, complies with tho conditions
Of tho proclamation, that tho Secretary Of
the Treasury will exercise the power Of ro-
mission Of such forieitures in tho same spir-
it Of generous forbearancs and liberslity
which inspired and characterized the pro-
clamatIon. TITAN J. CorrEY,
Acting Attorney General.
To tho United States District Attorney