New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-25

ton and decision OF the contemplated oy the
statute The Secretary OF the Treasury was authorized
10 appoint agents to collier al atdndoned or oops,
properly" IN the enemy's country. To secure Iaitn'
full and honest performance Of their duty the secretary
was authorized require such agents to give Donos IN
such amounts as he might deem necessary Inc ou'!
OF tie agents 10 receive all property IN the ls
gent States which in fact captured or s'ed out OF
the eDemy's possession by the military authofties
They had no duty or power To inquire whether vi nv
such property had been rghtfuliy captured whether
the Generals who reported IL TO them Tor coecloi nhu
observed in eecting the captures what are ceu ,pc
recognized usages of war. or had violated o 'ne
cipleS of writers on what is styled the Law VI I
ti0ns supposed TO tend against the rleht oi 80
ING private property on land; but IL "u m
the duty of the Treasury agents simply 10 receiNe "a
property reported to them az having oeen I
irrespective of any considerations touching the eba
exemption os any of il from seizure aud 10 dispose VI "
in the manner provided By the law. AFTER the eon,er
sion Of the property into money the pIuuceeu -
directed 10 be paid into the Treasury Inc ""ius ~
the statute are: "Ihe proceeds thereof hdN De Phl"
into the Treasury of the United states. Dul uoSS
proceeds do not pass into the Treasury as VI
property sold under Judicial sentence Vi %
Thev are not seauestered or condemned, but Simply
held by the United States 10 speak an ruA or ios
who may in the manner provided ana IA lhe .'u u.
limited by the law ultimately eslllllsh iegh Hsn. W
receive them after paciicatlcn. When the
has bean sunresscd the owners authorized 10 IN
woke the Jurisdiction of the Court OF Claims ana OBTAIN
there adjudication of their respective claims nc nc
proceeds Of the property are thus IN the possesso VI
The United States subject 10 the adjudication OF lat
Cont and when il Shall have passed upon the claim
ants rights and decreed in u eir favor Congress has
soemny declared that they shall receive restitution oi
their property In the presence OF snch legslau9n-
covering as If does the entire sutiectmatter pioVlhs
for the safe custody of the property in question enl
hosties and for the final Judicial determination Oh
the rrb,s of the parties ntcrestedI cannot see that
the Executive has power to make different disposition
of the property from that provided by Congress or
thorze any one determine the questions when Oon
q ess has entrusted the decision of another forum
| am therefore, of opinion, IN reply 10 your inquiry
that jurisdiction cannot be conferred upon
APPOINTED either by the President or the secretary oi
be Treasury 10 examine the claims in question: ana 10
make restoration of the proceeds of 50 much 0 TINS
cotton rs may belong 10 loyal claimante ,
The third and last question you propose u.s. wnht us
position should be made Of the proceeds OF the sales o.
the property
think it is your duty to see that the direction OF the
act of Congress is Obycd by those IN whose names 'Ie
proceeds NAV be- The statute that after the SAFE
OF any abandoned or captured property. ne proos>ds
thereof staU BE- paid e Treasury 9 he tnhd Sees
an of opinion Therefore, that the proceeds OF lne
property In question should be paid into inc
of The United States there 10 await the actOn u 'he
Court OF Claims and Of Congress.
Very respectfully. your obedient servant &c.,
iSjcneD JAMES SPEED, Attorney-GenerAl