Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1874-11-26

Jugatlon. The grounds of this opinion
we're submitted to Gen. Breckinridge,
secretary of war, o few days after, when
was advised by Senator Graham that
the president would not send another
commission to negotiate for peace.
Very respectfully and'truly yours,
JOHN A. CAMpBELL.
G. W. Mumford, Esq, Secretary South
Eern Historical Society, Richmond, Va.
WAR DEPARTMENT, Feb. "a, 1865.
Hon. dFfllidna n. Graham, Senate of
the @. s.:
81 understand the position of Mr..
Lincoln to be thasihe will not make any
treaty or agreement with the Confeder-
ate States, but only that Ae will treat Or;
confer with individuals resistinge The
national authority, aud will declare to
them the terms on which ho will make
an adjustment. do not consider that
this position of his will prevent the
settlement of tho conditions.
In any event the action of congress-
Omitted States) might be- required to
carry into effect the stipuIations, and
whether these are informally agreed to
or are formally made, it is presumed,
will not make wide difference in tho
I'm II result.
The stipulations that the president
can settle under his powers as president,
tits Material to, consid Ter. HeA is the
command -in-chief OF the army. and
has exercised large share of power as
such. He has the power of pardon by
the constitution, and the acts of confis-
cation provide that "the presidency
may by proclamation extend to persons
who may have participated in the exist.
ing rebellion, in any. state orpart there
of, pardon and amnesty, with such ex-
ceptions and on Buch conditions MS he
may deem expedient for the public vel
fare"
The act of CONGRESS of the United
States Of the 10th OF July, 1862, en-
bodies the principal of the provisions
that have been made relative to confis.
cation. This acb provides That to- in.
sure the speedy termination Of the pres
ent rebellion, it shall be the duty Of the
president of the United States to cause
the seizure of all the estate and proper
ties, moneys, stocks, credits, and effects
of the persons mentioned, and apply
the same and the proceeds thereof to
the use OF the army" The proceedings
are to be in rem in any district,conrt of
athe United States, or. in. the District of
Columbia, aud the property is to be
sold under DEGREES Of condemnation.
There is another act on this subject
upon condemned and abandoned prop
erty, and provides for its sale, etc., etc.,
and that the. party interested may re-
claim the proceeds after the war npon
proof of loyalty.
think the effect of the amnesty
would be to relieve all property from
the operation, of the law of loon 6scation.
MY impression is that it would have the
effect to destroy the judicial sales made
under it. These sales we're made be-
fore any conviction and without service
of process on the party, and it is diff
cult to realize how the act can be sup
ported against one q aimed to be citizen,=
and whose loyalty is vouched by a presi-
dential pardon. In this connection all
fines and penalties incurred by any vio-
lation of revenue laws would have to be
considered, and a release from arrears
of taxes and duties.
is to this effect: "That the title of, in,
and to each parcel Of land upon which
said tax has not been paid as above pro-
vided, shall thereupon become forfeited
to the United States, and upon the sale
hereafter shall vest in the United States
or in the purchasers at such sale in fec
simple, free and discharged from all
prior liens, incumbrances, right, title
and dues whatsoever"
There are some conditions precedent
to the operation of this section Of the
cot which perhaps have not been fulfill
ed but another section imposes lien
upon the lands which does not depend
upon any condition. The arrears of
taxes for three years and the stringent
conditions of the act will occasion the
forfeiture of q large amount OF property
for taxes if the collection of the arrears
is insisted on.
The legislation upon the subject of
slavery consists OF acts of CONGRESS- for
the abolition of slavery in the, District
of Columbia, in the territories, forts,
arsenale, and the repeal Of the, fugitive
slave acts. Besides there is an net to
liberate all slaves in places captured by
the United States, and the penal pro-
visions OF several of the acts of congress
provide specially for the emancipation
of slaves of the owner.
Western Virginia was admitted to the
Union in December, 1862. It purporte