The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-09
conflaeati,o J, n,.4nestitution. 1.

VI. ~
We invite the attention Of loyal
leaguers and Others, who are filing
the heads Of the freedmen with the
absurd idea of confscatiofi end diyi-
sion of lands, to the extract follow
ing, copied from the Courier, pub
lished in the city of Buffalo, New
York. They will find in it food for
reflection. and perhaps that which
will help to dispel the immense
amount of Ignorance mixed up with
the terrible bugbear of confiscation:
The Interpretation of laws in ac-
cordance with judicial standards is
destined to render null and void
nearly all the radical schemes for
vengeance upon the Southern people.
Since the close of the war, there has
been considerable "mild confsca-
ton" of the property of men engaged
in the late rebellion, decreed by such
Judges as Pierepont, Busteed and
others of their class. These confisca-
tions and sales are understood to
have been very profitable to the spe-
culators at whose instance the pro-
ceedings have been instituted, and it
is suspected that the Judges have
not been innocent of gains in con-
nection with them. 1t is now in ef-
feet decided that these confscatory
proceedings are void. In the case of
nm application for writ of error to
secure the possession of property
condemned to confscation, Chief
Justice Chase has granted it on the
ground that a condemnation Of pro-
perty as for treason cannot take place
until the party has been adjudged
guilty by II jury; and further, that
the condemnation and sale of the nb-
stitutional power of the court. The
New York Times remarks that this
action of the court will probably
prove the precursor OF not little liti
cation. The amount of property
confiscated while the rebellion was
in progress was very large, and in
every instance, we apprehend, the
errors noticed by the Chief Justice
were committed. The property was
sold without any trial for treason,
and it was sold in fee, when life
interest was all that could have been
disposed of, even after conviction.
Confscation titles are worse than
Western tax titles, which are among
the poorest of securities.
Men who have come il.,o the pos
session of real property for Il mere
song, will be compelled to surrender
it to its actual owners, and will lose
what little they may have paid for
their plantations. In addition, they
will bo liable to proceeding for tres
pass, and compelled to pay what da-
images the owner may have sustained
in being deprived of his property
without due process of law. Altoge.
ther, this is not q pleasing outlook
for that class of disinterested patriots
who emigrated South on the assur-
ance that there was "a great deal of
good land down there" which could
be had for the taking.
1t is entirely legitimate to remark,
that in many instances where proper
ty, both real and personal, was seized
by agents, or pretended agents, of
the Government, no return was made
by them of TIE property SO seized.
and not dime of the proceeds Of
which ever reached the Golfers of the
Government. When the passion OF
the hour shall have been followed
by the sober second thought, and re-
construction shall be perfected, these
villainies will all come up for investi-
cation, and the plunderers be made
to disgorge their ill-gotten gains.
1t seems that some one has put a