Arizona citizen. [volume] (Tucson, Pima County, A.T. [i.e. Ariz.]) 1870-1880, 1870-12-03
CONFISCATION CASES.

| 1864, there were six suits commenced
in the District court of Pima county,
in the First judicial District, against
the property of the following persons,
to-wit: Charles Lauer, F. \. Ne
vile, Alfred Frear, Granville 81.
Curry, Palatine Robinson and Elias
Brevoort.
These suits were commenced in the
name of the United States, to contis-
cate the property Of the above-named
persons, on the charge that they were
engaged in waging war against the
government of the United States, and
were therefore in rebellion to said
government.
The power of Congress to pass con-
fscation laws is derived from Sec. 3,
of Article 3, of the Constitution of the
United States, which is as follows:
Congress shall have power to de-
clare the punishment OF treason, but
no attainder of treason shall work
corruption of blood or forfeiture, ex-
cept during the life OF the person at
tainted"
In pursuance of this provision Of the
Constitution, Congress passed q law
approved August s, 1861, authorizing
the confscation Of all property used
in aiding insurrection and rebellion,
and providing the mode OF proceeding
in confscation suits.
The Act of Congress approved July
18th, 1862, provided for the confisca-
ton Of all property Of persons giving
aid and comfort to the rebellion.
These proceedings Were instituted
by Almon Gage, Esq, United States
District Attorney Of Arizona Terrific
ry, who came to the Territory IN De-
cember, A. D. 1868. Mr.. Gage eS-
tablished himself in the Prescott
country, and learning that q term of
the District court of the First Judicial
District had been appointed to be held
at Tucson, commencing on the last
Tuesday Of May, 1864, he il company
with Levi Bashford, Esq, then the
Surveyor General of the Territory,
whose Office had been located at Tue
son, started for this place with q mule
each, with no other persons with
them. The Indian signs We're nuner-
Gus everywhere.
After passing Sacaton station, III
stead Of continuing on the road TO Tue
son, they took the left hand road to
Fl. Breckenridge, now Camp Grant.
After going on this road to near the
Fort, and seeing Indian signs every
where, and at night seeing the Indian
camp fires. They made hasty re-
treat on their back track, being salts
fled they We're on the wrong road. IL
the meantime, the friends OF the par
ties at Tucson feeling that there was
something wrong because they had
not arrived here, procured an escort
from Lit. Col. Coult, then in COM
mand Of the post at this place, and
started in pursuit Of the parties, and
were greatly delighted in finding them
at the Point of the Mountain, worn
out with fatigue in running the gaunt-
let with the Apaches.
Mr.. Gage arrived at Tucson a few
days before the commencement of the
court, and at once commenced bust
ness by bringing these suits.
Orders of publications were pro-
cured to get service on the defendants,
as they were not in the Territory, and
personal service could be had on them
of the papers in said suits. Thereup-
on Mr.. Gage returned to Prescott de-
lighted with the prospect of early dis
posing Of these cases and putting
money in his purse" in the shape of
fees.
On the 18th of June, 1864, Judge