The south-western. [volume] (Shreveport, La.) 1852-1870, 1865-08-16

daty 1he agents was to receive all property IN the
insu 1t States, Nh;ch ID fact captured ar seized
c ofne eneTavs possession by toe military aathor-
tie 'hev had no duty or power 10 inquire whether
! or no1sueh property had eeea Tghtiaiy cap ored;
wkthe the generals who reported II TO them tor COZ
l.ionlad deserved in effectihg the captures, what
., caId "he rpcoynz d asages OF war, or bad VI.
@ted II the principles OF writer's What Is styled
e i.Iwof nations Supposed tend against the right
spzug private proper on l,ud; bpt it was the dn-
Of NE treasury agents SIMPLY 70 receive all proPf-
reported them having been csPsurtd, Irrespec-
I've Of any considerations touching the legal expmp-
lon Of any Of from seizure ard d. pose Of 1t is
he manner provided by Law.
i Etcr the CONVERSION OF the property into money,
lie proceeds dreced 10 be paid into the tseasn-
- The words OF the stat4ite are The proceeds
hereof shall be p id into the treasury Of the United
States" But tAese proceeds do not pass into the
pasnry As proceeds OF properly sold under Judicial
e, telce couhscation They are not s. 81. strtted
5r coulemned but sirnly held bT the United ates,
q speak, in trust TOR those may, in The man
,,r rrovd d. aud III the ii limited By the laR, III
maaeg establish legal right TO receive them after
1aeifcation. Co.
Wnen the insurrection has been suppressed, the
,vurra are autuo II, to invoke the ia isdiction OF
h. court of Claims ana obtain there an adjudication
81 their respective c,aims.
The proceeds Of tie property arc thus in the posses
,iou oil the Ued States, subject to the adjudication
Of snat cour:; .nd hen it shalt passed upon the
cl i'm MS rights and creed in their favor congress
lgs sul,muy declared that they stall receive ressitus
tim Of their property Il the presence of such lege
Gti9p, covering a it does the entire subject mater,
bbyidc for the safe custody Of the property aaes-
in, pending hostite+, and for the final jude de-
rnlnaon Of the RIG, Of the parties il Interest,
quot zee that the executive las power TO ruake y
! h.rrnt disposition Of tne proper from that pro-
led by congress, or aGLhoize any TO determine
1t s;os which congress has iatrusted 10 the de.
ciou ot another forum.
/ pn therefore, Of opinion in reply to your inqus,
r7that jai- dirtion cannot be couf rred upon
uson, appointed either By the president or ths sec
ary of the treasury, examine the claas IN question
al to ke restoration OF the proceeds OF 50 much
othi+ cotso, may belong 70 the Dya claimants
| rbe lu.rI and ia,t gu ston you proponnd j. what
deo;ton should be made Of the proceeds Of the sales
9tlu property. ] THINK that Il s your daty to see
thu lr detection Of the act of congress is obeyed by
tnos,n whose bands these proceeds NAV be. The
sate says that after the sale Of any abandoned or
capt property ",he proceeds ther Of shai De paid
into e IF AIRY Of the unted Stats am Of opn-
ION, .ersfoe Gu.t tile proceeds Of the property in
qH,gpn should be paid into tbs treuepry, tuere TO
~ athe action Of the coa7s Of Claims and of con
grez Very RS aetfufly,
Your oGedien: servant,
JAS. SPEED, Attorney Gen.