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SEQUESTRATION ACT,
PASSED BV
THE CONGltESS
THE CONFEDERATE STATES.
APPROVED AUGUST 30, ijjGl
RICHMOND:
TYLER, WISE AND ALLEGRE, PRINTERS,
£}iquirer Job Office-
1S61.
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AN ACT
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For the Sequestration of the Estates, rroperty and Effecti- of alien Enemies, and for the indemnity of citizens of the Confederate States, and persons aiding the same in the '^<~j>
existina: war with the United States.
Whereas, The Government and people of the United ^y
States have depart^nl from the usages of civilized ■warfare ii. - j^ —
confiscating and destroying the property of the people of the '^^
Confederate States of all kinds, whether used for military
purposes or not; and whereas, our only protection against *^'^^^^
such wrongs is to be found in such measures of retaliation
as will ultimately indemnify our own citizens for their losses, -<^ * '^-^
and restrain the wanton excesses of our enemies : Therefore —
Section 1. Be it enacted by the Congress of the Co7ifederat( ^^^ I ■^^•-^K^
{States of America, That all and every the lands, tenement.:
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and hereditaments, goods and chattels, rights and credits .tvJ^jk *.^ .//^ —
within these Confederate States, and every right and inter- c ■• \ ^ *
est therein held, owned, possessed or enjoyed by or for any •^'^^^••%»*^ ^^^ ^ alien enemy since the twenty-first day of May, one thou- sand eight hundred and sixty-one, except such debts due t -
an alien enemy as may have been paid into the Treasury of ^^^ , ^^
any one of the Confederate States prior to the passage of this
law, be, and the same are hereby, sequestrated by the Confedf- ' «- A. ^y^
r^ie States of Amcricrr, and shall "be held for thc*full indern- ^
nity of any true and loyal citizen or ret-idcnt of these Confed- ' / ^^^,,/^
erate States, or other person aidrff^ said-€onfcderate State> in the prosecution of the present war between said Confed- erate States and the United States of America, and for which he may suffer any loss or injury under the act of the United States to which this Act is retaliatory, or under any other act of the United States, or of *miy ■Statc-t-h-ercrrf authorizing the seizure, condemnation, or confiscation ot the property of citizenrS or residents of the Confederate States, or other person aiding said Confederate States, and the same shall be seized and disposed of as provided for in this Act : Provided, however. When the estate, property or rights to be effected b}- this Act were, or are, within some State of this Confederacy, which has become such since said twenty-first day of May, then this Act shall operate upon, and as to such estate, property or rights, and all persons
claiming the same from and after the day such State so be- came a member of this Confederacy, and not before : Pro- vided, further. That the provisions of the Act shall not ex- tend to the stocks or other public securities of the Confederate Government, or of any of the States of this Confederacy held or owned by any alien enemy, or to any debt, obliga- tion, or sum due from the Confederate Government, or any of the States, to such alien enemy : Ajid provided, also, That the provisions of this Act shall not embrace the pro- perty of citizens or residents of either of the States of Delaware, Maryland, Kentucky or Missouri, or of the Dis- trict of Columbia, or the territories of New Mexico, xVrizona, or the Indian Territory South of Kansas, except such of said citizens or residents as shall commit actual hostilities against the Confederate States, or aid and abet the United States in the existins: war a;:raiust the Confederate States. Sec. 2. A?id be it further enacted, That it is, and shall be, ^ ^o AfM syi^^ he duty of each and every citizen of these Confederate » / ' States speedily to give information to the officers charged
^ A***-' ' with .the execution of* this law of any a^id et6ry fands, M^0kfT^t'^% tenements and hereditaments, goods and chattels, rights
/^ it :5nd credits Avithin this Confederacy, and of every right and
]/ ' interest therein hold, owned, possessed or enjoyed by or
^ ^ ^ for any alien enemy as aforesaid.
Sec, 3. Bz it further enacted. That it shall be the duty of
<^^ ^--Ck, every attorney, agent, former partner, trustee or other per-
son jioldin^ or controlling any such lands, tenements or
LtKjz^^u hereditaments, goods or chattels, rights or credits, or any
interest therein, of or for any such alien enemy, speedily to inform the lleceTver hereinafter provided to be appointed, of the same, and to render an account thereof, and, so far :is is practicaldo, to place the same in the hands of such' Receiver ; wliereupon, such person shall Ix) fully acquitted ijI' a 1 1 r esp o n s i I > i H \y for property and effects so reported and turned over. And any such person wilfully failing to give such information and render such account shall be guilty of a high misdemeanor, and upon indictment and convic- tion, shall be fined in a sum not exceeding five thousand dollars and imprisoned not longer than six months, said fine and imprisonment to bo determined by the court trying the case, and shall further be liable to be sued by said Confederate States, and subjected to pay double the value of the estate, property or effects of the alien enemy held by him or subject to. his control.
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Sec. 4. It shall be the duty of the several Judges of this Confederacy to give this Act specially in charge to the Grand Juries of these Confederate States, and it shall be their duty at each sitting well ami truly to enquire and report all lands, tenements and hereditaments, goods and chattels, rights and credits, and every interest therein, within the jurisdic- tion of saitl Grand Jury, held by or for any alien enemy, and it shall be the <luty of the several Receivers, appointed under this Act, to take a copy of every such report, and to proceed in obtaining the possession and conti^d of all such property and effects reported, and to institute proceedings for the sequestration thereof in the manner hereinafter pro- vided.
Sec. 5. Be it further enacted. That each Judge of this ^ ^^"^^
Confederacy shall, as early as practicable, appoint a Re- ceiver foV each section of the State for "which he holds a court, and shall require him, before entering upon the duties of his office, to give a bond in such penalty as may be pre- scribed by the Judge, -with good and sufficient security, to
])e approved by the Judge, conditioned that he Avill dili- '^i.^^y
gently and faithfully discharge the duties imposed upon hira by law. And said officer shall hold his office at the pleasure - .
of the Judge of the district or section for which he is ap- "^ ■
pointed, and shall be removed for incompetency, or ineffi- ciency, or infidelity in the discharge of his trust. And ^hould the duties of any such Receiver, at any time, appear to tlie Judge to be greater than can be efficiently }»erformed l.>y him, then it shall be the duty of the Judge to divide the district or section into one or moretther receivers' district:-, ,^^
according to the necessities of the case, and to ^appoint a R.eceiver for*^acn of j^aid-Tjewly created- districts. An I every such Receiver sliall also, before entering upt)i>4:hj duties of his office, make oath in Avriting before, the Judg. of the district or section for which he is appointed, dili gently, well and truly to execute the duties of his office.
Si.:c. 6. B". it furthtr amcted. That it shall be the duty < t the several Receivers aforesaid to take the possession, con trol and management of all lands, tenements and heredita uients, goods and chattels, rights and credits of each an 1 every alien enemy within the section for which he acts. And to this end he is empowered and required, whenever necessary for accomplishing the jnirposes of this Act, to sue for and recover the sanity in the name of said Confederate States, allowing, in the recovery of credits, such delays as
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may have been, or may be, prescribed in any State as to the collection of debts therein during the ^var, And the forui and mode of action, whether the matter be of jurisdiction iu law or equity, shall be by petition to the court setting forth, as 1)est he can, the estate, property, right or thing sought to be recovered, with the name of the person holding, exer- cisingj supervision over, in possession of or controlling tHe same, as the case may Te, and pra^'ing a sequestration thereof. Notice shall thereupon be forthwith issued by the olerk of the court, or by the Receiver, to such person, with a copy of the petition, and the same shall be served by the Marshall or his deputy and returned to the court as other mesne process in law cases; whereupon, the cause shall be docketed and stand for trial in the court according to the usual course of its business, and the court or Judge shall, ar any time, make all ordei-s of SQ.iziixe that may seem neces- sary to secure the subject matter of the suit from danger of loss, injury, destruction or Avaste, and may, pending the f"Uise, make onlers of sale in cases that may seem to such Judge or court necessary to preserve any property sued for from perishing or waste: Provided, That in any case when the Confc'Ierate Judge shall find it to be consistent with the t-afe-keeplng of the property so sequestered, to leave the '-ame in the hands and under the control of any debtor'or l-'erson in wdiose hands the real estate and slaves were seizedl who may be in possession of the said property or credits; he shall oixler the same to remain in the htmds and under the control of said debtorior person in whose hands the real es- tate and slaves were seized; requiring in every such case
))y such further orders as the court may riie premises. But this proviso shall not apply to bank or other corporation stock, or dividends due or which may be 4!ue,thereon, or to rents on real, estate in cities, ^x\(\ no debtor or other person shall be entitled to the benefit of this proviso unless he has first paid into the hands of the Re- ceiver all interests or net profits which. may have accrued since the twenty-first May, eighteen hundred and sixty-one ; and, in all cases eoming under this proviso, such debtor f-liall be bound to pay over annually to the Receiver all in- 'erest which may accrue as the same falls duo; and the per- s'.n in whose haul< any other property may be left shall b? b .-uu 1 ro account fi>r, aud pay ovQr annually to the Rx-eivors
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the net income or profits of said property, and on failure of such debtor or other person to pay over such interest, net income or profits, as the same falls due, the Receiver may demand and recover the debt or property. And, Avherever, after ten days' notice to any debtor or person in whose hands property or debts may be left, of an application for further security, it shall be made to appear to the satisfaction of the court that the securities of such debtor or person are not ample, the court may, on the failure of the party to give sufficient additional security, render judgment against all the parties on the bond for the recovery of the debt or pro- perty: ProvifM, farther. That said court may, whenever in the opinion of the Judge thereof the [uiblic exigencies may require it, order the money due as aforesaid to be demanded by the Receiver, and if upon demaml of the Receiver, made in conformity to a decretal order of the court requiring said Receiver to collect any debts for the payment of which se- curity may have been given under the provisions of this Act, ^thc debtor or his security shall fail to pay the same, then ■ upon ten days' notice to said debtor and his security, given by said Receiver, of a motion to be made in said court for judgment for the amount so secured, said court, at the next term thereof, may proceed to render judgment against said principal and security, or against the party served with such notice, for the sum so secured with interest thereon, in the name of said Receiver, and to issue execution therefor.
Sec. 7. Any person in the possession and control of the subject matter of any such suit, or claiming an}^ interest therein, may, by order of the court, be admitted as a defen- dant and be allowed to defend to the extent of the interest propounded by him ; but no person shall be heard indefencc until he shall file a plea, verified by affidavit and signed by him, setting forth that no alien enemy has any interest in the right which ho assorts, or for which he litigates, either directly or indirectly, by trust, open or secret, and that he litigates solely for himself, or for some citizen of the Confe- derate States whom ho legally represents; and when the defence is conducted for or on account of another, in whole or part, the plea shall set forth the name and residence of such other person, and the relatiou that the defendant bears to him in the litigation. If the cause involves matter which should be tried by a jury according to the course of the common law, the defendant shaH be entitled to a jury trial. If it involves matters of equity jurisdiction, the court shall
proceed according to its usual mode of procedure in such cases, and the several courts of this Confederacy may, from time to time, establish rules of procedure under this act, not inconsistent with the act or other laws of these Confederate States.
Sec. S. Be it further enacted. That the clerk of the court shall, at the request of the receiver, from time to time, issue writs of garnishment, directed to one or more persons, com- manding them to appear at the then sitting, or at any fu- ture term of the court, and t^ -onswer under oath wdiat pro- perty or eftects of any alien enemy he had at the service of fiU. / ^^^ ■ ^^^® process, or since has had under his possession or control
if '^' ' ])el()nging to or held for an alien enemy, or in what sum, if
any, he is or was at the time of service of the garnishment,
^ K . * or since has been indebted to any alien enemy, and the court
" r^ ^i\ty^~ shall have power to condemn the property or effects, or debts,
o-^^Cc-^^^^L^ /L. according to the ansAver, and to make such rules and orders
for the bringing in of third persons claiming or disclosed by
the ansAver to have an interest in the litigation as to it shall
lo'ir-^.-^iUK. U^<Az ', seem proper ; but in no case shall any one be heard in respeft
y ^^ ^ ._ thereto until he shall, by sworn plea, set forth substantially
. ^ " '^ the matters before required of parties pleading. And the
L^^A^^^. decree or judgment of the court, rendered in conformity to
this act, shall forever protect the garnishee in respect to the matter involved. And in all cases of garnishment under this act, the Receiver may test the truth of the garnishee's answer by filing a statement, under oath, that he believes the answer to he untrue, specifying the particulars in Avhich he believes the garnishee has, by omission or commission, not answered truly; whereupon the court shall cause an issue to be made between the Receiver and garnishee, and judgment rendered as upon the trial. of other issues. And m all cases of litigation under this act the Receiver may propound interrogatories to the adverse party touching any matter involved in the litigation, a copy of Avhich shall be served on the opposite party or his attorney, and which shall be answered under oath within thirty days of such service, and upon failure so to answer, the court shall make such disposition of the cause as shall to it seem most promotive of justice, or should it deem aaiswers to the interrogatories necessary in order to secure a discovery, the court shall im- prison the party in default until full answers shall be made. Sec. 9. It shall be tha duty of the District Attorney of the Confederate States, diligently to prosecute all causes
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instituted under this act, and he shall receive as a compen- sation therefor two per cent, upon anil from the fruits of all litigation instituted under this act : Provided, That no mat- ter shall be called litigated except a defendant be admitted by the court, and a proper plea be filed.
Sec. 10. Be it further enacted, That each Receiver ap- pointed under this act shall, at least every six months, and as much oftcner as he may be required, by the court, render a true and perfect account of all matters in his hands or under his control under the lav*-, and shall make and state just and perfect accounts and settlements under oath of his col- lections of monies and disbursements under this law, stat- ing accounts and making settlements of all matters sepa- rately, in the same way as if he were administrator of seve- ral estates of deceased persons by separate appointments. And the settlements and decrees shall be for each case or estate separately, so that the transaction in respect to each alien enemy's property may be kept recorded and preserved separately. No settlement as above provided shall, how- ever, be made until judgment or decree of sequestration shall have passed, but the court may at any time pending litigation, require an account of matters in litigation and in the possession of the Receiver, and may make such orders touching the same as shall protect the interest of the par- ties concerned.
Sec. 11. When the accounts of any receiver shall be filed respecting any matter which has passed sequestration, the Court shall appoint a day for settlement and notice thereof shall be pu])lished consecutively for four week's in some newspaper near the place of holding the Court, and the clerk of the Court shall send a copy of such newspaper to the District Attorney of the Confederate States, for the Court, where the matter is to be heard, and it shall be the duty of said District Attorney to attend the settlement and represent the Government and to sec that a full, true and just settlement is made. The several settlements preceding the final one shall be interlocutory only, and may be im- peached at the final settlements, which latter shall be con- clusive, unless reversed or impeached within two years, for fraud.
Sec. 12. Be it further enacted. That the Court having jurisdiction of the matter shall, whenever sufficient cause is shown therefor, direct the sale of any personal property,^ other than slaves, sequestered under this act, on such term^'
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as to it shall seem best, and such eale shall pass the title of the person as whose property the same has been seques- tered.
Sec. 13. All settlements of accounts of receivers for se- questered property shall be recorded and a copy thereof shall be forwarded by the clerk of the Court to the Trea- surer of the Confederate States within ten days after the decree, interlocutory or final, has been passed ; and all balances found against the Receiver shall by him be paid over into the Court, subject to the order of the Treasurer of the Confederate States, and upon the failure of the Re- ceiver for five days to pay over the same, execution shall issue therefor, and he shall be liable to attachment by the Court and to suit upon his bond. And any one embezzling any money under this Act shall be liable to indictment, and on conviction shall be confined at hard labor for not less than si.x months nor more than five years, in the discretion of the Court, and fined in double the amount em- bezzled.
Sec. 14. Be it furtlier enacted, That the President of the Confederate States, shall, by and with the advice and con- sent of Congress, or of the Senate, if the appointment be made under the permanent Government, appoint three dis- creet Commissioners, learned in the law, Avho shall hold at the seat of Government two terms each year, upon notice given, who shall sit so long as the business before them shall require ; whose duty it shall be, under such rules as they may adopt, to hear and adjudge such claims as may be brought before them by any one aiding this Confederacy in the present war against the United States., who shall allege that he has been put to loss under the act of the United States, in retaliation of which this act is passed, or under any other act of the United States, or of any State thereof, authorizing the seizure, condemnation or confiscation of the property of .any citizen or resident of thp Confederate States, or other person aiding said Confederate States in the present war against the United States, and the finding of such Commissioners in favor of any such claim shall be priina facie evidence of the correctness of the demand, and when- ever Congress shall pass the claim, the same shall be paid from any money in the Treasury derived from sequestration un- der this act : Provided, That said Board of Commissioners shall not continue beyond the organization of the Court of Claims, provided for by the Coastitution ; to which Court of
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Claims the duties herein provided to be discharged by Com- missioners shall belong upon the organization of said Court. The salaries of said Commissioners shall be at the rate of two thousand five hundred dollars per annum, and shall be paid from the Treasury of the Confederacy. And it shall be the duty of the Attorney General or his assistant to re- present the interests of this Government in all cases arising under this act before said Board of Commissioners.
Sec. 15. Be it further cjiacted. That all expenses incurred in proceedings under this Act shall be paid from the sequestered fund, and the Judges, in settling accounts with Receivers, shall make to them proper allowances of com- pensation, taking two and a half per cent, on receipts, and the same amount on expenditures, as reasonable compensa- tion, in all cases. The fees of the officers of court shall be such as are allowed by law for similar services in other cases, to be paid, however, only from the sequestered fund: Provided, That all sums realized by any Receiver in one year for his services, exceeding five thousand dollars, shall be paid into the Confederate Treasury, for the use of the Confederacy.
Sec. 16. Be it further enacted, That the Attorney-Gene- ral shall prescribe such uniform rules of proceeding under this law, not herein otherwise provided for, as shall meet the necessities of the case.
Sec. 17. Be it further eimcted, That appeals may lie from any final decision of the court under this law, in the same manner and within the same time as is now, or hereafter may be by law prescribed for appeals in other civil cases. Sec. 18. Be it further enacted, That the word "person" in this law includes all private corporations ; and in all cases, when corporations become parties, and this law re- quires an oath to be made, it shall be made by some officer of such corporation.
Sec. 19. Be it further enacted. That the courts are vested with jurisdiction, and required by this Act, to settle all partnerships heretofore existing between a citizen and one who is an alien enemy ; to separate the interest of the alien enemy, and to sequestrate it. And shall, also, sever all joint rights when an alien enemy is concerned, and seques- trate the interest of such alien enemy. • Sec 20. Be it further enacted. That in all cases of admin- istration of any matter or thing, under this act, the court having jurisdiction, may make such <^irder8 touching the
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preservation of the property or effects under the direction or control of the Receiver, not inconsistent with the fore- going provisions, as to it shall seem proper. And the Re- ceiver may, at any time, ask and have the instructions of the court, or Judge, respecting his conduct in the disposi- tion or management of any property, or effects under his control.
Sec. 21. That the Treasury Notes of this Confederacy, shall be receivable in payment of all purchases of property or effects sold under this Act.
Sec 22. Be it further enacted, That nothing in this Act shall be construed to destroy or impair the lien or other rights of any creditor, a citizen or resident of either of the Confederate States, or of any other person, a citizen or resident, of any country, State, or Territory, with which this Confederacy is in friendship, and which person is not in actual hostility to this Confederacy. And any lien or debt claimed against any alien enemy, within the meaning of this Act, shall be propounded and filed in the court, in which the proceedings of sequestration are had, within twelve months from the institution of such proceedings for sequestration ; and the court shall cause all proper parties to be made and notices to be given, and shall hear and de- termine the respective rights of all parties concerned : Pro- vided, however, that no sales or payments over of money shall be delayed for, or by reason of, such rights or pro- ceedings ; but any money realized by the Receiver, whether paid into the court, or Treasury, or still in the Receiver's hands, shall stand in lieu of that which produced said money, and be held to answer the demands of the creditors afore- said, in the same manner as that which produced such money was. And all claims not propounded and filed as aforesaid, within twelve months as aforesaid, shall cease to to e.xist against the estate, property, or effects sequestrated, or the proceeds thereof.
ArPRovED August 30, 1861.
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