Est shall be published, requiring all persons to appear and show cause why certain persons held to labor should not be charged; and on failure of such persons to appear, their slaves shall be declared free, and on appearance the claimant shall file an affidavit that he has not been engaged in rebellion, or aided and abetted it, or if engaged under compulsion must show it, and if proved that he was not engaged in rebellion his slaves shall be returned to him; but on failure of such proof, or on the failure or refusal to take the foregoing affidavit to prove the compulsion when alleged as an excuse, the court shall declare the person so claimed as free, and grant him a certificate of the same under seal, and shall be conclusive evidence of his freedom. And all persons so declared free, if seized, shall be forthwith discharged on hebeas corpus; and the court, acting on said writ, shall commit for trial for kidnapping the person so holding the freed man, and on conviction imprisoned for not less than one or more than five years, and any one swearing falsely shall be guilty of perjury.

Sec. 3. That if any person held to labor by one engaged in rebellion, if omitted from the commissioner's list may, on summary application to the district court, be placed on the Est, and to be treated in every way the same as if his name had been placed on the list by the commissioner. Commissioners shall have ample time to complete their Sac. 4. That no such person or his descendants shall ever again be reduced to involuntary servitude, and every such person shall be entitled to discharge from such service on habeas corpus.

incapable of holding or exercising any office of honor, trust, or profit under the Government of the United States; which was agreed to-yeas 84, nays 66, as follows:

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Blake, Buffinton, Burnham, Chamberlain, Clark, Colfax, Federick A. Conkling, Roscoe Conkling, Covode, Davis, Dawes, Duell, Dunn, Edgerton, Edwards, Ely, Fessenden, Fisher, Franchot, Frank, Gooch, Goodwin, Gurley, Hale, Hanchett, Hickman, Hooper, Hutchins, Julian, Kelley, Francis W. Kellogg, Killinger, Lansing, Loomis, Lovejoy, Low, Mc. Knight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Timothy G. Phelps, Pike, Pome roy, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, hanks, Shellabarger, Sloan, Spaulding, Stevens, Stratton, Train, Trimble, Trowbridge, Van Horn, Van Valkenburgh, Verree, Wall, Wallace, E. P. Walton, Washburne, Albert S. White, Wilson, Windom, Worcester-84.

NAYS-Messrs. W. J. Allen, Ancona, Baily, Biddle, J. B. Blair, George H. Browne, William G. Brown, Calvert, Clements, Cobb, Corning, Cox, Cravens, Crittenden, Delano, Dela plaine, Dunlap, English, Fouke, Grauger, Grider, Haight, Harding, Harrison, Holman, Horton, Johnson, William Kellogg, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory, May, Maynard, Menzies, Noble, Noell, Norton, Nugen, Pendleton, John S. Phelps, Price, Robinson, James S. Rollins, Segar, Sheffield, Shiel, Smith, John B. Steele, William G. landigham, Vibbard, Voorhees, Wadsworth, Ward, Webster, Chilton A. White, Wickliffe, Woodruff, Wright-66.

Which was rejected—yeas 16, nays 126. The Steele, Stiles, Benjamin F. Thomas, Francis Thomas, ValYEAS were

Messrs. Roscoe Conkling, Dunn, Frank, Goodwin, Killinger, Loomis, McKnight, Justin S. Morrill, Nixon, Olin, Patton, Timothy G. Phelps, Porter, Stratton, E. P. Walton, Worcester-16.

The original bill reported from the committee was then negatived-yeas 74, nays 78; as

follows:

YRAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Beaman, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Campbell, Chamberlain, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, Davis, Duell, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Frank, Gooch, Goodwin, Gurley, Hanchett, Hickman, Hooper, Hutchins, Julian, Kelley, Francis W. Kellogg, Lansing, Loomis, Lovejoy, McKnight, McPherson, Moorbead, Anson P. Morrill, Justin S. Morrill, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, Potter, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Sloan, Spaulding, Stevens, Trowbridge, Van Horn, Van Valkenburgh, Verree, Wall, Wallace, E. P. Walton, Washburne, Wheeler, Albert S. White, Wilson, Windom, Wor

Oster-74.

NATS-Messrs. Allen, Ancona, Baily, Biddle, Jacob B. Fair, George H. Browne, William G. Brown, Calvert, Clements, Cobb, Corning, Cox, Cravens, Crisfield, Crittenden, Dawes, Delano, Diven, Dunlap, Dunn, English, Fisher, Granger, Grider, Haight, Hall, Harding, Harrison, Holman, Horton, Johnson, William Kellogg, Kerrigan, Killinger, Kapp, Law, Lazear, Leary, Lehman, Mallory, Maynard, Mares, Mitchell, Nixon, Noble, Noell, Norton, Nugen, Odel, Pendleton, Perry, John S. Phelps, Porter, Price, Alexander II. Rice, Richardson, Robinson, James S. Rollins, SeFr. Shfield, Shiel, Smith, John B. Steele, William G. Steele, Stratton, Benjamin F. Thomas, Francis Thomas, Train, Trille, Vallandigham, Voorhees, Wadsworth, Ward, Webster, Whaley, Wickliffe, Wood, Woodruff-78.

June 18-The House passed a bill reported in pursuance of these instructions-yeas 82, nays 34. It was not considered in the Senate; but emancipation clauses were inserted in the confiscation bill, and agreed to by both Houses.

During the pendency of another bill (107) to forfeit the property and slaves of persons who shall engage in, or aid and abet, armed rebellion against the United States,

1862, April 22-Mr. BINGHAM offered a substitute

That if any person or persons, within any State or Territory of the United States, shall, after the taking effect of this act, engage in armed rebellion against the Government of the United States, or shall aid or abet such rebellion, all the property, moneys, stocks, credits, and effects of such person or persons are hereby declared lawful subjects of prize and capture, wherever found, for the indemnity of the United States against the expenses of suppressing such rebellion; and it is hereby made the duty of the President of the United States to cause all such property, wherever found, to be seized, to the end that the same may be confiscated and condemned as hereinafter provided for the use of the United States.

SEC. 2. That all property so captured or seized shall be condemned in the district courts of the United States, and that the proceedings of condemnation shall be in rem, and shall be instituted and prosecuted in the name of the United States in any district court of the United States within any district in which the same may be seized or situate, or into which the same may be taken and proceedings first instituted, and which proceedings shall conform as nearly as may be to proceedings in prize cases, or to cases of forfeiture arising under the revenue laws; and in all cases the property so seized and condemned, whether real or per

May 27-Mr. PORTER moved to reconsider this vote. A motion to table the motion to re-sonal, shall be sold pursuant to such rules as the Secretary consider was lost-yeas 69, nays 73. June 4-The motion to reconsider was agreed to-yeas 84, nays 65; and

of the Treasury may prescribe, and the proceeds deposited

in the Treasury of the United States for the sole use of the

United States.

SEC. 3. That the Attorney General or any district attorney of the United States of any district in which the said property or effects may at the time be, or into which the same may be taken, shall institute the proceedings of condemna

tion as hereinbefore provided.

Which was agreed to-yeas 62, nays 48; as follows:

YEAS-Messrs. Aldrich, Arnold, Ashley, Babbitt, Baker,

Mr. PORTER moved that the bill be recommitted to the Committee with instructions to prepare a substitute, providing that the slaves of the persons included in the classification in the confiscation law, are declared forever discharged from service or labor, and providing for an enrolment of them by commissioners, Beaman, Bingham, Samuel S. Blair, Blake, Buffinton, Burnand the action of United States judges, as indi-ham, Chamberlain, Colfax, Frederick A. Conkling, Roscoe Conkling, Covode, Cutler, Davis, Duell, Edwards, Eliot, Ely, cated in other amendments, for colonization of Fenton, Franchot, Frank, Gooch, Granger, Gurley, Hooper, them in Mexico, Central or South America, or Julian, Kelley, Francis W. Kellogg, Lansing, Loomis, Love the Gulf Islands, with homesteads, and declar-joy, McKnight, McPherson, Mitchell, Moorhead Nixon, Noell, Patton, Timothy G. Phelps, Pike, Porter, Potter, John ing every person embraced in the classification H. Rice, Riddle, Edward H. Rollins, Sargent, Shanks, Shel

labarger, Stevens, Stratton, Trimble, Trowbridge, Van Horn, | tion of the same, or to any person or persons in any State Van Valkenburgh, Albert S. White, Wilson, Windom, Worcesver-62.

NAYS-Messrs. Allen, Joseph Baily, Baxter, Biddle, Francis P. Blair, Jacob B. Blair, George H. Browne, William G. Brown, Calvert, Casey, Clements, Cox, Crisfield, Crittenden, Diven, Dunlap, Grider, Hall, Harding, Harrison, Hickman, Kerrigan, Knapp, Law, Lehman, Mallory, May, Menzies, Justin S. Morrill, Morris, Noble, Norton, Odell, Olin, James S. Rollins, Sheffield, Smith, John B. Steele, Benjamin F. Thomas, Francis Thomas, Vailandigham, Vibbard, Voorhees, E. P. Walton, Ward, Chilton A. White, Woodruff, Wright -48.

or district within the United States, now in a State of insurrection and rebellion against the authority thereof, so that in either case the ordinary process of law cannot be served upon them, who shall during the present rebellion be found in arms against the United States, or giving aid and comfort to said rebellion.

And to insert in lieu thereof the following: First. Persons hereafter acting as officers of the army or navy of the rebels now or hereafter in arms against the United States. Second. Persons hereafter acting as President, Vice President, member of Congress, judge, foreign Mr. E. P. WALTON offered a substitute, defin-erate States. Third. Persons hereafter acting as an officer, minister, consul, or commissioner of the so-called Confeding the crime of treason, and affixing a penalty of death, or imprisonment and fine, on conviction or confession, and his slaves shall be free. The President is authorized to appoint commissioners to sequester and seize the property, real and personal, of persons bearing arms against the United States, or giving them aid and comfort, and is also authorized to grant pardon and amnesty. These are the concluding sections:

SEC. 6. And be it further enacted, That if any State, or part thereof, in which the inhabitants have by the President been declared in a state of insurrection, the said insurrection shall have continued for a period of six months, then and in that case the President is hereby authorized, if in his opinion it shall be necessary to the successful suppression of said insurrection, by proclamation to fix and appoint a day when all persons holden to service or labor in any such State, or part thereof as he shall declare, whose service or labor is by the law or custom of said State due to any person or persons, who, after the day so fixed by said proclamation, shall levy war or participate in insurrection against the United States, or give aid to the same, shall be free and discharged from all such claim to labor or service; and thereupon said person shall be forever free and discharged from said labor and service, any law or custom of said State to the contrary notwithstanding.

SEC. 7. That whenever any person claiming to be entitled to the service of any other person as a slave shall seek to enforce such claim, he shall, in the first instance, and as preliminary to the trial of such claim, show satisfactorily that he and the person to whom said service was claimed to be due during the period of insurrection or rebellion was loyal to the United States.

Which was rejected-yeas 33, nays 70, as follows:

YEAS-Messrs. Baxter, Francis P. Blair, William G. Brown, Calvert, Casey, Clements, Roscoe Conkling, Crittenden, Dunlap, Dunn, Fisher, Goodwin, Granger, Grider, Gurley, Harding, Harrison, McKnight, McPherson, Mallory, Menzies, Mitchell, Moorhead, Justin S. Morrill, Nixon, Olin, Edward H. Rollins, James S. Rollins, Sheffield, Shellabarger, Stratton, E. P. Walton, Worcester-33.

whether civil, military, or naval, of any State or Territory who by the Constitution of the so-called Confederate States Fourth. Persons who having held an office of honor, trust, is required to take an oath to support said Constitution. or profit under the United States, shall hereafter take up arms against the United States. Fifth. Persons who, ownportions of disloyal States, shall hereafter assist or give aid ing property in the loyal States or Territories, or the loyal and comfort to the present rebellion.

Mr. KING moved to amend by adding:

Sixth. Persons in the present insurrection levying war against the United States or adhering to their enemies, giv. ing them aid and comfort.

Which was rejected-yeas 7, nays 32, as follows:

YEAS-Messrs. Chandler, Grimes, King, Pomeroy, Trumbull, Wade, Wilkinson-7.

NAYS-Messrs. Anthony, Browning, Carlile, Clark, Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Hale, Henderson, Howard, Howe, Lane of Indiana, Lane of Kansas, Latham, Morrill, Nesmith, Powell, Saulsbury, Sherman, Simmons, Stark, Sumner, Ten Eyck, Thomson, Willey, Wilson of Massachusetts, Wilson of Missouri, Wright-32

The amendment of Mr. SHERMAN was then agreed to-yeas 26, nays 11, as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Halo, Henderson, Howard, Howe, Lane of India ja, Nesmith, Sherman. Simmons, Sumner, Ten Eyck, Thomson, Willey, of Wilson Massacubsetts, Wright-28.

NAYS-Messrs. Carlile, King, Lane of Kansas, Morrill, Pomeroy, Saulsbury, Stark, Trumbull, Wade, Wilkinson, Wilson of Missouri-11.

The bill was referred to a select committee, and was not reported; but this classification was introduced into the confiscation act.

SECOND AMENDATORY JOINT RESOLUTION. First Session, Thirty-Eighth Congress. IN HOUSE.

1864, February 5-The House passed this joint resolution:

NAYS-Messrs. Aldrich, Allen, Arnold, Ashley, Babbitt, Joseph Baily, Baker, Beaman, Biddle, Bingham, Jacob B. Blair, Samuel S. Blair, Blake, George H. Browne, Buffinton, Chamberlain, Colfax, Frederick A. Conkling, Covode, Cox, That the last clause of a "joint resolution explanatory Cutler, Davis, Duell, Eliot, Ely, Fenton, Franchot, Frank, of An act to suppress insurrection, to punish treason and Gooch, Hickman, Julian, Kelley, Francis W. Kellogg, Ker-rebellion, to seize and confiscate the property of rebels, and rigan, Knapp, Lansing, Law, Loomis, Lovejoy, May, Morris, for other purposes,' ,"" approved July 17, 1862, be, and the Noble, Noell, Odell, Patton, Timothy G. Phelps, Pike, Potter, same hereby is, so amended as to read: nor shall any puuJohn H. Rice, Riddle, Sargent, Shanks, Smith, John B. Steele, ishment or proceeding under said act be so construed as to Benjamin F. Thomas, Francis Thomas, Trimble, Trowbridge, work a forfeiture of the estate of the offender contrary to Vallandigham, Van Horn, Van Valkenburgh, Voorhees, Wall, the Constitution of the United States: Provided, That no Ward, Albert S. White, Chilton A. White, Wilson, Windom, other public warning or proclamation under the act of July Woodruff, Wright-70. 17, 1862, chapter ninety-five, section six, is or shall be required than the proclamation of the President, made and published by him on the 25th day of July, 1862, which proclamation so made shall be received and held sufficient in all cases now pending, or which may hereafter arise

Mr. PORTER also proposed a substitute, which was rejected-yeas 30, nays 72.

52.

April 23-The bill was tabled-yeas 59, nays

Subsequently a new bill was prepared by the Select Committee, to whom, April 24, the whole subject was referred.

IN SENATE.

Pending the consideration of a bill to confiscate the property and free the slaves of rebels, 1862, April 24-Mr. SHERMAN moved to strike from the first section the words:

Belonging to any person or persons beyond the jurisdic

under said act."

By a vote of yeas 83 to nays 76, as follows:

YEAS-Messrs. Alley, Allison, Ames, Anderson, Arnold, Ashley, John D. Baldwin, Baxter, Beaman, Blow, Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Deming, Donnelly, Driggs, Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, Grinnell, Iigby, Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Hulburd, Jenckes, Julian, Kasson, Kelley, Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, Marvin, McBride, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, Alexander

Same day, Mr. HENDRICKS moved to strike out this section; which was disagreed to which this Government is at war, no matter whether they yeas 13, nays 16, as follows:

may be required for immediate necessary expenditure in the discharge of your duties as receivers.

Whenever, in the discharge of your duties, you discover that any attorney, agent, former partner, trustee, or other person holding or controlling any property, rights, or credits of an alien enemy, has wilfully failed to give you information of the same, you will immediately report the fact to the district attorney for your district, to the end that the guilty party may be subjected to the pains and penalties prescribed by the third section of the law.

J. P. BENJAMIN, Attorney General. The following interrogatories to garnishees have been prepared for your use, together with a note annexed for the information of the garnishee:

1. Have you now, or have you had in your possession or under your control, since the twenty-first day of May last, (1861,) and if yea, at what time, any land or lands, tene ment or tenements, hereditament or hereditaments, chattel or chattels, right or rights, credit or credits, within the Confederate States of America, held, owned, possessed, or enjoyed for or by an alien enemy, or in or to which any alien enemy had, and when, since that time, any right, title, or interest, either directly or indirectly?

2. If you answer any part of the foregoing interrogatory in the affirmative, then set forth, specifically and particularly, a description of such property, right, title, credit, or interest, and if you have disposed of it in whole or in part, or of the profit, or rent, or interest accruing therefrom, then state when you made such disposition, and to whom, and where such property now is, and by whom held?

interest therein held, owned, possessed, or enjoyed by or for any such alien enemy.

"My office is on the northern side of Main street, in the city of Richmond, between Tenth and Eleventh streets." SEQUESTRATION NOTICE.

Merchants and all other persons residing in Nansemond, Norfolk city, city of Portsmouth, Princess Anne, and I-le of Wight who owe debts to alien enemies, or have property of any kind in their possession, or under their control, b longing to any such alien enemies, and who have failed and neglected to make report thereof, are hereby notified that unless a report of the said debts and information of said property is rendered by them to the undersigned, receiver of this district, on or before Saturday, the 30th instant, they will be reported as delinquents and subject to the fine of five thousand dollars imposed by law. JOHN T. FRANCIS,

Receiver.

This is a copy of the writ served upon tle wife of Hon. Horace Maynard, of Tennessee, while he was in Washington, in attendance upon Congress, quoted in his speech of May 23, 1862:

To Hon. WEST H. HUMPHREYS, Judge of the District Court of the Confederate States of America for the District of Ten

nessee:

The Confederate States of America, through Landon C. 3. Were you, since the twenty-first day of May, 1861, Haynes, the receiver for the eastern district of Tennessee, and if yea, at what time, indebted, either directly or indirespectfully represents unto your honor that within the fu rectly, to any alien enemy or alien enemies? If yea, state risdiction of this court there are [various items of property the amount of such indebtedness, if one, and of each indebt- specifically enumerated.] The said States, by said receiver, show that said property, real, and personal, and mixed, be edness if more than one; give the name or names of the longs to one Horace Maynard, who has his domicil and who creditor or creditors, and the place or places of residence, resides in Kentucky, or some one of the States or districts and state whether and to what extent such debt or debts of the United States, and who is in actual hostility to the have been discharged, and also the time and manner of the Government of the Confederate States of America, and who discharge. adheres to the enemy of said States by speeches, words, and 4. Do you know of any land or lands, tenement or tene-acts, giving them aid and comfort in Kentucky and other ments, hereditament or hereditaments, chattel or chattels, places in the United States, and is an alien enemy to said right or rights, credit or credits, within the Confederate Confederate States. All of which are situate and being in States of America, or any right or interest held, owned, the counties of Knox and Campbell, in the State and within possessed, or enjoyed, directly or indirectly, by or for one or the district of said receiver. And the said Confederate States more alien enemies since the twenty-first day of May, 1861, further represent that the said property, debts, claims, choses or in or to which any one or more alien enemies had since in action, are, as said States have been informed by said rethat time any claim, title, or interest, direct or indirect? ceiver, under the control and supervision of Mrs. Maynard, If yea, set forth specially and particularly what and where wife of said Horace Maynard, and the said W. P. Washburn, the property is, and the name and residence of the holder, who resides in Knox county, in this State, which property is debtor, trustee, or agent. liable to be seized, under the act of the Confederate Confects of alien enemies. The said Mrs. Maynard and Washburn are required to set forth, on oath, and specifically to describe said property, and debts, and choses in action, as they have full knowledge of the same, and answer the interrogatories herewith filed, on oath, and marked exhibit A, as a part of this petition.

5. State all else that you know which may aid in carry-gress for the sequestration of the estates, property, and ef ing into full effect the sequestration act of the 30th of August, 1861, and state the same as fully and particularly as If thereunto specially interrogated. A. B., Receiver. NOTE-The garnishee in the foregoing interrogatories is specially warned that the sequestration act makes it the duty of each and every citizen to give the information asked in said interrogatories.—[Act 30th August, 1861, sec. 2. And if any attorney, agent, former partner, trustee, or other person holding or controlling any property or interest therein of or for any alien enemy shall fail speedily to inform the receiver of the same, and to render him an acaccount of such property or interest, he shall be guilty of a high misdemeanor and, upon conviction, shall be fined in a sum not exceeding five thousand dollars, and imprisoned not longer than six months, and be liable to pay besides to the Confederate States double the value of the property or interest of the alien enemies so held or subject to his control-Sec. 3.]

Subjoined

This act was rigidly enforced. are two notices, preserved from the newspapers of the day:

Thomas T. Giles, who has been appointed receiver for the eastern district of Virginia, has issued a notice addressed "to all whom it may concern," in the following words:

"I hereby notify every attorney, agent, former partner, trustee, or other person holding or controlling any lands, tenements, or hereditaments, goods or chattels, rights or credits, or any interest therein, within the eastern district of Virginia, of or for any alien enemy of the Confederate States of America, speedily to inform me, appointed receiver for the said district, of the same; and to render to me an account thereof, and, so far as is practicable, to place the same in my hands. Any such person wilfully failing to do so will be guilty of a high misdemeanor, and liable to be indicted, convicted, fined, and imprisoned, as provided by "I also notify each and every citizen of the Confederate States speedily to give information to me (as he is required by law to do) of any and every lands, tenements, and hereditaments, goods and chattels, rights and credits, within the said eastern district of Virginia, and of every right and

law.

The Confederate States of America, through said receiver,
therefore pray that the said persons having supervision and
control over said property, as aforesaid, who reside in the
county of Knox, be made parties to this petition, and that
a copy thereof, together with notice, be issued by the clerk
of this court to the marshal or his deputy, to be served on
said persons. Said Confederate States further pray that your
honor direct said property to be seized and sequestrated, and
placed in the hands of said receiver, and by him sold or dis-
posed of upon such terms and conditions as your honor may
direct. And on final hearing, the Confederate States pray
for all such other, further, and different relief in the prem-
ises as may be consistent with the act of the Confederate-
Congress.
LANDON C. HAYNES,
Receiver for the Eastern District of Tennessee.
A true copy of the original.

WILLIAM G. MCADOO, Clerk, dc.
Proceedings were also taken against Judge
Catron and Andrew Johnson.

SUNDRY ITEMS.

The Southern Commercial Convention which met at Macon, Oct. 16, 1861, passed a series of resolutions in relation to the sequestration act, and recommending that the payment of debts sequestered be not required during the war; that claims for indemnity and indebtedness due the North be allowed as a set-off; that the courts be empowered in certain cases to modify the retroactive effect of the bill; and that the property of northern residents laboring under

the disabilities of coverture of infancy be exempted.

The Richmond Enquirer of Oct 14th says:

It was understood at Richmond by a gentleman who is Conected with the Department of the Interior, that the returns were being made of debts due to the alien enemies with the utmost promptitude, and that from the city of Petersburg there would be realized a sum not less than A hundred thousand dollars. As for Richmond, it was din't to estimate the aggregate, but the lowest estimate piced it at two millions of dollars.".

The Confederate States Court in Richmond have confiseated $15,000 in the hand of the bankers Purcell, in that city, the property of Ashmead et als., of Philadelphia.

In April, 1863, the "Confederate" Senate considered a bill to confiscate the leasehold interest and shares of stock owned by the American Telegraph Company and other alien enemies in the lines of telegraph in the Confederate States. Mr. Oldham and Mr. Hill favored the bill, and Mr. Johnson, of Arkansas, and Mr. Johnson, of Georgia, opposed it-the former, because many of the stockholders whose property it was proposed to confiscate were not enemies, but friends living in Washington city and Maryland-the latter because he considered confiscation "an act of legal plunder unworthy of the age." The bill was postponed until the next day, and its fate is not known.

A movement was made about the same time in the Legislature of Virginia, appropriating so much of the public debt of the State and other securities held by resident citizens of the United States and the District of Columbia as may be necessary to indemnify the citizens of Virginia who are loyal to the State for losses sustained by them in consequence of any confiscation act of the Congress of the United States, or any other act growing out of the war. Up to September 30, 1863, the rebel treasury had received from sequestration $1,862,550 27, as reported by the Secretary of the Treasury THE "SEQUESTRATION" ACT DECLARED CONSTITUTIONAL.

a thing be legal?
What is incident to cases of
the war power, the grant of the war power covers; but does
the war power require the creation of a Star Chamber to
wrong and harass our people? * * Where is the
authority given? Where is the power to call upon the citi-
zen in a new and unheard-of manner to answer questions
upon oath for the purpose of enforcing the confiscation law?
Shall it be said that it is to furnish the means to carry on
the war? How can that be said to be necessary, which is
absolutely never known to have been done before? Was there
anybody that ever fought before Gen. Beauregard? War
unfortunately is not a new thing. Its history is found on
every page. Was there ever a law like this endured, prac-
ticed, or heard of? It certainly was not found among the
people from whom we derive the common law. No Eng
lish monarch or Parliament has ever sanctioned or under.
taken such a thing. It is utterly inconsistent with the
common law to require an inquisitorial examination of the
subjects of the laws of war. It is no more a part of the law
of war than it is a part of the law of peace.

*

their bodies to save their souls.

All that can be said in favor of the end and object proposed can be said in favor of the Star Chamber and the stitution with the best of motives. It was to save men's Spanish Inquisition. Torquemada set out on the latter insouls. He labored most earnestly, in season and out of season; and when high necessity commanded, he burnt sider that the end justifies the means in these days, but Torquemada might have burnt Jews and Protestants, with out calling upon their best friends to inform against them, and making it penal not to do so. * **

*

*

We do not con

The war power includes as an incident, everything which is necessary or usual. It cannot be pretended that this is necessary or usual, since it never was done before. This is not the first war that ever was waged; and the laws of war are not the subject of wild speculation. Now, the means granted to attain this end are based upon the supposition world is more calculated to advance the repute of the country that the end deserves all commendation; that nothing in the than to be keen in searching out the property of enemies, and proceeding against them when they have no opportunity of being heard, and to impoverish them by taking away the earnings of their industry and applying it to other uses.* It would be the most intolerable hardship for me, for a citizen, at every quarter section to be obliged to tell all he knows or suspects against his neighbor. It is pretended that it is an innocent proceeding. How can that be innocent which calls upon one to commit a breach of trust?

The law protects every man in keeping silence when a There can be no greater oppression than to compel a perquestion is asked that involves professional confidence. son to violate a moral or legal duty.

for there is a very common error in supposing that it ap plies to the estates of native citizens who are living abroad in an enemy's country. The term alien enemy is the only one used in the act. It is a definite, technical construction

Something should be said about the objects of this law,

In the fall of 1861, in the first session of the An alien enemy must be born out of the legiance of the sovereign. There can be no dispute about it. He is not an Confederate States Court, in Charleston, after alien enemy if he was born within the domains of the sov Judge Magrath charged the Jury; the following ereign. A sovereign has a right to require his return. He proceedings are reported to have taken place:eign's power to do, and what he may do with his subject may call on him to come home. What is it in the soverMr. Petigru read a writ of garnishment, served upon him, and interrogatories attached, in reference to alien enemy's property.

when he refuses to return, is another matter. But until he has been called on by his sovereign to return, a man commits no breach of duty in living in an enemy's country, according to law. It is impossible that the makers of the law should not be aware of this, and they seem to have purposely left this open for the interposition of humanity.

Mr. Petigru denied that there was any precedent for this law; and a freeman could not be compelled to aid this confiscating law, by informing against both his friends and enemies. It was this which moved those brave men, who not only shook the pillars of monarchy to its base, and abolished the Star Chamber, but did it with the declaration that no such thing should be tolerated again. Are we going, in the hey-day of our youth, to set an example which has been repudiated by every lover of freedom from the beginning of time to this day, which has never found an advocate, shocks the conscience, and invades the rights of the private citizen.

Mr. Petigru said the objection he had to these interrogatories was, that no human authority has the right to put these questions to him or any one in the same circumstances. He might recognize the authority of South Carolina to do as proposed by the act, because in a State like South Carolina a referer has no security or remedy against those in power, unless from some guarantee in the constitution of the State; for a State may do whatever it is not forbidden to do by the faadamental law of the State. But the Confederate States have no such claim to generality. Their authority is confisel to the constitution which confers it and the powers delegated to them, and whereas, in the case of a sovereign, We must show a guarantee against the power, in the case of the Confederacy they must show a warrant for their power. There is no article in the Constitution of the Confederate States which authorizes them to set up an inquisition, or to It is an extraordinary stretch of power, in an extraordiproceed otherwise than according to the laws of the land. nary time, when we are endeavoring to make good before In fact, the best authority for this proceeding is Hudson's the world our right to its respect as an enlightened people, treatise on the Star Chamber, in Second Collutanca Juridicia. a people capable of self-government, and of governing themIt will be found that the method prescribed in this confis-selves in a manner worthy of the civilization and light of cation act is precisely that of the Star Chamber. They call this a writ of garnishment; Mr. Hudson calls it a subpoena. This calls upon me to disclose all the cases in my knowledge of property held by an alien enemy. Mr. Hudson requires the party to appear before the Star Chamber, and answer all questions which may be put to him. These are alike in being general. There is no plaintiff. It is an inquisition. If no such power has been granted, how can such

the age; and this act, borrowed from the darkest period of tyranny, is dug up from the very quarters of despotism, and put forward as our sentiments. They are not my sentiments; and sorry will I be if in this sentiment I am solitary and alone. * * With regard to that which requires the violation of professional confidence, he must be better instructed before making up his mind to the order of responsi bility or not. There are cases when it is dishonor or death