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GEO. W. ADAIRJ. HENLY SMITH,
EDITORS AND PROPRIETORS.
ATLANTA, GEORGIA:
WEDNESDAY, SEPT. 18, 1861.
FOR PRESIDENT,
JEFFERSON DAVIS,
OF MISSISSIPPI.
FOR VICE-PRESIDENT,
ALEX. EL STEPHENS.
OF GEORGIA.
Electoral Ticket.
STATE AT LARGE:
DAVID IRWIN,of Cobb.
THOS. E. LLOYD,....ofChatham.
ALTERNATES:
J. R ALEXANDER,of Thomas.
W. H. DABNEY, of Gordon.
DISTRICT ELECTORS :
1. J. L. HARRIS,of Glynn.
2. ARTHUR HOOD,of Randolph.
3. L. WIMBERLY,of Stewart.
4. —ED. McGEHEE,of Houston.
5. I. P. GARVIN,of Richmond.
6. M. C. M. HAMMOND,of Clarke.
7. C. GIBSON,of Spalding.
8. HERBERT FIELDER,of Polk.
V.—II. W. CANNONof Rabun.
10.—H. F. PRICE,of Cass.
ALTERNATES I
1. —J. L. SINGLETONof Scriven.
2. J. 8. DYSONof Thomas.
3. J. M. MOBLEYof Harris.
4—l. E. DUPREEof Twiggs.
<5.—J. 8. HOOKof Washington.
6. FANNINof Morgan.
7. T. STEPHENSof Monroe.
8. JOHN RAYof Coweta.
9. J. H. BANKSof Hall.
10 —F. A. KIRBYof Chattooga.
FOR GOVERNOR,
ELGEMIS A. NISBET,
OF 8188.
Rotation in Office.
This is the plea of those who are out of of
fice and want to be in, while a horror of chang
ing a good officer and taking the chances of
getting a bad one, is proclaimed by those who
are in and want to stay there.
The genius of our institutions on this mat
ter is not properly understood. There are
some offices which it is our national policy to
change at regular stated periods, and which
the spirit of true republican government re
quires should be changed—not simply by hav
ing a new election and putting in the same
man TOT another term, but by a change of men
—by taking up somebody else and putting
him in the place of incumbents of a certain
time’s standing. There are other offices whose
incumbents should not be changed periodical
ly or otherwise, so long as they discharge their
duty with ability and fidelity. The distinc
tion is this.* All Executive offices having
patronage annexed to them should be for a
fixed period of time, and when that period ex
pires, they ought to go out—no matter how
faithful they may have been. All these exec
utive offices, the duties of whose incumbents
are merely ministerial in their character, or
whose every duty and privilege are distinctly
prescribed by law, from which he cannot de
viate or exercise any discretion, and which
have no patronage, should be for life or during
good behaviour and faithful performance of
duties. Presidents and Governors are of the
first class; Army Officersand Clerks of Gov
ernment Departments are of the latter.
The genius and spirit of our Government,
aud of all republican governments, contem.
plate a change of all elective officers. Legisla
tors may be rejected as long as the people de
sire it, for they have no patronage, or at most,
but very little; but Presidents and Governors
have largo patronage, and should, as a general
rule, serve only one term. Under some cir
cumstances two terms are allowable, aud even
proper, but under none but the most extraor
dinary, should a man servo more than two.—
It is for this very reason—with the intention
of changing the men— that the Constitutions of
the General and State Governments prescribe
the length of time such offices shall continue,
before a new election shall be held.
True, there is no prohibition of reelecting
the same man in any of our Constitutions,
solely for the purpose of allowing a man who
proves to be a good officer to be elected to a
second, not a third, term. The one term of ser
vice was the full intention and the full extent
of the intention of the framers of our Govern
ment, as a general rule. Two terms and more
ii not a violation of any express provision of
the Constitution ; but such was not originally
the design, and it is inconsistent with repub
lican government. It tends to centralization
and strengthening the hands of the govern
ment in a manner entirely inconsistent with
the principles of free government and the in
terests of a free people.
The immortal Washington set an example
which no man under ordinary circumstances
should attempt to go beyond. He could have
held the office of President as long as he lived,
but his sterling honesty and patriotism would j
not allow him. He had ripe experience and ;
great wisdom, and was well instructed in the
principles of free government before the revo
lutionary troubles began. He remained at the
head of the army and carried the country safe
ly through the war. He was President of the
Convention that framed the Constitution, and
knew what the intent of its framers was. He
was chosen the first President, and patrioti
cally declined to hold the office longer than ■
two terma—though he could have held it four :
er more, had he lived so long.
Even Jacksun, with all his partisanship and
lire of power, eould not be prevailed on to
take the office longer than two terms. Indeed,
he declared that he would not serve longer
than one term ; that the Constitution never
c&ntemplated longer service than one term :
and he further declared his intention jp rec- '
ommend to Congress an alteration of the Con
•Utatioa, so as to prohibit, in so many words,
any man from occupying the office more than
one term. When this intention was known,
his opponents charged that he was afraid to
SOUTHERN CONFEDERACY
risk another contest before the people. This
charge aroused his pride and caused him to
forego his patriotic intentions. He could have
been elected for a third term; but the stern
old patriot utterly refused.
In all the history of the U. S. Government,
from the first down to its dismemberment, no
man ever attempted to violate a safe prece
dent by seeking the Presidency for a third
term; and we now recollect but one instance
in which a Governor of a State has done so.
That is Gov. Harris, of Tennessee, in the last
election ; and it was under the most peculiar
circumstances—such as never existed before
in America, and probably never will again.
We think Gov. Harris was right, under the
circumstances, in running for a third term ;
and the people acted right in electing him;
but no such circumstances exist in Georgia,
and this Tennessee election can be no plea for
the continuation of Gov. Brown for another
term. There is no earthly demand or neces
sity existing for the violation of this sage pre
cedent, There is not only no demand, but
there is no sort of justification for it.
Grant that Gov. Brown has made a good of
ficer; that he is honest, energetic and famil
iar with his duties—all these are no reason
whatever for continuing him in office ; and
the exigencies of the times furnish no reason
at all. As for his being familiar with the du
ties of his office, and a new incumbent not
familiar, the argument is not worth a straw.
Judge Nisbet is as familiar with the history,
policy, condition and necessities of Georgia
as Gov. Brown or any other man in the State.
He may not know as much of executive routine,
but that is a knowledge which the clerks in
the Executive Department know, and which
it matters not if the Governor never does
know. He ought to attend to other matters.
It is expected that every man who is elect
ed Governor or President shall be able to dis
charge the duties of the office without serving
an apprenticeship. This knowledge is acquired
by researches and investigations at home, and
mingling with the world, and not as a clerk
in a counting-room learns the business of a
merchant. The offices of President, Congress
man and Governor should not be conferred
on one who will have to learn the trade after
he shall have entered on its duties ; and it is
not much compliment to the ability of a man
holding such an office, that he can better dis
charge his duties the second or third term
than the first. Men must be chosen for these
high offices who have the acquirements and
abilities to discharge well their duties without
experience. Judge Nisbet is that man.
Such is the genius of our institutions—such
the intention of those by whom the founda
tions of American liberty were laid.
Let not Georgia depart from this sage old
precedent established by our fathers, and the
observance of which is essential to the preser
vation of our liberty, and the perpetuation of
"Tree government—especially thor« is no
earthly necessity for it. There is no issue or
measure before the people which eithey de
mands, requires or renders even proper Gov.
Brown’s continuance in office. Under such
circumstances, we think it unwise to depart
from the safe republican principles adopted
and respected by Washington and the found
ers of American freedom.
From the Macon Telegraph.
Acceptance of Judge Nisbet,
Mii.ledox ville, Sept. 11, 1861.
Hon. JS. A. Nisbet, Macon :
Dear Sir: The undersigned have been ap
pointed a Committee, by the Convention this
day assembled, to inform you of the unanimous
presentation of your name as a candidate for
the office of Governor of this State. We take
pleasure in the performance of this duty, and
feel sincere gratification that the name of one
whose talents, integrity and patriotism guar
antees the honor and welfare of the State, has
been so unanimously agreed upon by the Con
vention. We hope you will signify your con
currence in the action of the Convention.
We are respectfully,
Your fellow-citizens,
LEVI S. D’LYON,
T. G. HOLT,
W. M. SLAUGHTER.
Macon, Geo., Sept. 15, 1861.
Messrs. Levi S. I)'Lyon, Thaddeus G. Holl and
Wm. M. Slaughter;
Gentlemen: Your letter of the 11th instant,
informing me of the “unanimous presentation
of my name as a candidate for the office of
Governor of this State," by the State Conven
tion, which met on that day at Milledgeville ;
and requesting me to signify my concurrence
in its action, was received on Saturday even
ing.
By reference to the published proceedings of
the Convention, I find that it presents my
name to the people of Georgia as one proper to
be voted for for the office of Governor of this
State, at the ensuing election, and recommend
ed my elction by the adoption of the following
resolution:
Jiesolved, That we present to the people of
Georgia, the name of the Hon. E. A. Nisbet, of
the county of Bibb, as one every way suitable
and proper to be voted for for the office of Gov
ernor of this Slate at the ensuing election, by
the people.
The body which you represent was not a
party Convention. In its elements and in its
action, it demonstrated itself to be simply an
advisory council of the people, assembled for
: no purpose, but to select and recommend Elec
tors of a President and Vice-President, and a
candidate for the office of Governor. It rep
resented a large proportion of the people. It
was composed of individuals belonging to all
of the old party divisions of the State; in
character and intelligence, it was equal to any
other similar body heretofore convened, and
its action was characterised by dignity, mod
; eration and delicacy. Recommended by such
| a representation of the people, and in such
! form, I consent to the use of my name, and ac
; ceptthe candidacy to which I have been invi
i ted.
If I had been called out by a Convention,
having in view the revival of old, or the or
i gani nation of new parties, I would, without
hesitation, withhold my name. I could not
; lend it to such purposes. Fortunately, parties
’ in our great State are extinct, and he who, un
der existing circumstances, would seek to draw
anew the obliterated lines of popular division,
or open issues closed by the secession of the
State, or arouse prejudices and animosities laid
| to rest by the war, is scarcely less a traitor
than the man who would apply the torch to
the State Capitol, or dwelling among us, with
the repute of a loyal citizen, give aid and com
fort to our enemies.
In relation to what may be designated as the
domestic administration of the State Govern
ment, whoever may be the incumbent of the
gubernatorial chair for the next two years,
will have, in my opinion, little to do but to
maintain order by a vigilant administration
of the laws, and husband carefully all the re
sources of the State. His paramount obliga
tion, his most pressing duty and his most sol
emn trust, so far as bis office is concerned, will
be to wield all the power of the State in a bold
and determined -prosecution of the war in
which we are engaged. Our revolution is an
accomplished fact We are an independent
people. We have established a Constitution
for the Confederate States, which challenges,
and in fact has received the admiration of the
world, and we have organized a Government
under it complete in all its parts.
eminent is in harmonious operation, with a
man at its bead who has the cautious wisdom
of Washington, with the highest order of mil
itary genius and administrative talent. If let
alone, no people could rival us in our rapid
strides to power and prosperity. The Govern
ernment of the United States, however, holds
us as traitors and rebels, and is prosecuting
against us a war avowedly for our subjugation
and extermination. This war is waged with
unparalleled bitterness, relentless cruelty and
shameless disregard of the usages of civiliza
tion and the obligations of Christianity.
Our enemies have vast resources at their
command, and are stimulated to madness by
fanaticism and avarice. They are determined
to reconstruct the Union, that they may enjoy
their accustomed tribute from the South, and
to manumit our slaves that fanaticism may be
free. Absurd as it may sound, such is their
policy. Our gallant soldiers thus far have tri
umphed on every important field, but peace is
yet to be conquered. In this war, our nation
ality is still at stake. It is a war for indepen
dence, for property, for social purity and re
ligious liberty. In responsibility for its suc
cessful prosecution, our noble State occupies a
position second to none of her confederates.—
Whether she will respond to this responsibili
ty, depends greatly upon the prudence and
energy of her next Chief Magistrate. No man,
with a just sense of his accountability to God
and the country, can desire the position of that
officer, but no true patriot can decline, if call
ed to it by the people.
Should I be invested with this high trust, I
will, under Providence, devote to it all my en
ergies and whatever ability I may possess. I
will cordially and cheorfully co-operate with
the Confederate Government, according to the
Constitution and laws, in the prosecution of
the war, and apply all the resources of men,
money and mind, at my command, to its tri
umphanttermination.
I need scarcely add, that I appreciate the
honor of my nomination, and thank you sin
cerely for the kind terms, in which you been
have pleased to communicate it.
Wtih sincere,regard, your fellow-cUizen.
E. A NISBET.
The Confiscation Bill.
There being an almost universal desire to
see this important bill, we give it below, in
full:
An Act for the Sequestration of the Estates,
Property and Effects of Alien Enemies, and
for the indemnity of citizens of the Confed
erate Stales, and persons aiding the same
in the existing war with the United States.
Whereas, The Government and people of
the United States have departed from the us
ages of civilized warfare iu confiscating and
destroying the property of the people of the
Confederate States of all kinds, whether used
fbr military purposes or not; and whereas,
our only protection against such wrongs is to
be found iu such measuaes 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 Confederate States of America, That
all and every, the lands, tenements and
hereditaments, goods and chattels, rights and
credits within these Confederate States, and
every right and interest therein held, owned,
possessed or enjoyed by or for any alien ene
my since the iwenty-tirst day of May, one
thousand eight hundred and sixty-.oue, ex
cept such debts due to 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 se
questrated by the Confederate States of Amer
ica, and shall be heldifor the full indemnity of
any true and loyal citizen or resident of these
Confederate States", or other person aiding
said Confederate States in the prosecution of
the present war between said Confederate
States and the United Slates 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 any State thereof,
authorizing the seizure, condemnation, or con
fiscation of the property of citizens or resi
dents of the Cofederate States, or other per
son aiding said Confederate States, and the
same shall be seized and disposed of as provi
ded for in this act: Provided, however, When
the estate, property or rights to be effected
by 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 frem and after the day such State so
became a member of this Confederacy, and
not before: Provided, further, That the pro
visions of this act shall not extend to the
stocks or other public securities of the Con
federate Government, or of any of rhe States
of this Confederacy held or owned by any
alien enemy, or to any debt, obligation, or
sum due from the Confederate Government,
or any of the States, to such alien enemy:
And provided also, That the provisions of this
act shall not embrace the property of citizens
or residents of either of the States of Del
aware, Maryland, Kentucky or, Missouri, or
of the District of Columbia, or the Territo
ries of New Mexico, Arizona, or the Indian
Territory South of Kamas, except such of
said citizens or residents as shall commit ac
tual hostilities against the Confederate States,
or aid and abet the United States io the exist
ing war against the Confederate Slates.
Section 2. And be it further enacted, That
it is, and shall be the duty of each and every
citizen of these Confederate States speedily to
give information to tbe officers charged with
the execution of this law of any and every
lands, tenements and hereditaments, goods
and chattels, rights and credits within this
Confederacy, and of every right and interest
therein held, owned possessed or enjoyed by
or for any alien enemy as aforesaid.
Section 3. Be it further enacted, That it
shall be the duty of every Attorney, agent,
former partner, trustee or other person hold
ing or controlling any such lands, tenements
or hereditaments, goods or chattels, rights or
credits,'or any interest therein, of or for any
such alien enemy, speedily to inform the Re
ceiver, hereinafter provided to be appointed,
of the same and to render an accouut there
of, and so far and practicable to price the
same in the hands of such Receiver; where
upon, such person shall be fully acquitted of
all responsibility for property and effects so
reported and turned over. And any such
person wilfully failing to give such informa
tion and render such account shall be guilty
of a high misdemeanor, and, upon indictment
and conviction, shall be fined in a sum not ex
ceeding five thousand dollars and imprisoned
no longer than six months, said fine and im
prisonment to be determined by the court try
ing the case, and shall further be liable to be
sued by said Confederate States, and subjec
ted to pay double the value of the estate, pro
perly or effects of the alien enemy held by
him or subject to bis control.
Section 4. It shall be the duty of the sev
eral 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 and truly to inquire
and report all lands, tenements and heredita
ments, goods and chattels, rightsand credits,
and every interest therein within the juris'
diction of said Grand Jury, held by or for
any alien enmy, and it shall be the duty of
the several Receivers, appointed under this
act, to take a copy of every such report, and
to proceed in obtaining tbe possession and
control of all such property and effects re
ported, and to institute proceedings for the
sequestration thereof in the manner herein
after provided.
Section 5. Beit further enacted, That each
Judge of this Confederacy shall, as early as
practicable, appoint a Receiver for each sec
tion of the State for which he holds a court,
and shall require him before entering upon
the duties of bis office, to give a bond in such
penality as may be prescibed by the Judge,
with good and sufficient security, to be ap
proved by tbe Judge, conditioned that he will
diligently and faithfully discharge the duties
imposed upon him by law. And said officer
shall hold his office at the pleasure of the
Judge of the district or section for which he
is appointed, and shall be removed for incom
petency, or infidelity in tbe discharge of his
trust. Aud should the duties of any such
Receiver, at any time, appear to the Judge to
be greater than can be efficiently performed
by him, then it shall be the duty of the Judge
to divide the district or section into one or
more other Reccievers’ districts, according to
the necessities of the case, and to appoint a
Receiver for each of said newly created dis
tricts. And every such Receiver shall also,
before entering upon the duties of his office,
make oath in writing before the Judge of the
district or section for which he is appointed,
diligently, well and truly to execute the du
ties of his office.
Section 6. Be it further enacted, That it
shall be the duty of the several Receivers
aforesaid to take the possession, control and
management of all lands, tenements and he
reditaments, goods and chattels, rights and
credits of each and every alien enemy within
the section for which he acts. And to this
end he is empowered and required, whenever
necessary for accomplishing the purpose of
this Act, to sue for and recover the same in
the name of said Confederate States, allowing
in the recovery of credits, such delays as may
have been or may be prescribed in any State
as to the collection of debts therein during
the war. And the form and mode of action,
whether the matter be of jurisdiction in law
or equity, shall be by petition to the court
setting forth, as best as he can, the estate,
property, right or thing sought to be recover
ed, wiih the name of the person holding, ex
ercising supervision over, in possession of or
controlling the same, as the case may be, and
praying a sequestration thereof. Notice shall
thereupon be forwith issued by the clerk of
the court, or by tbe Receiver, to such person,
with acopy of the petition, and the same shall
be served by the Marshal or his deputy and
returned to tbe courts 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 buisness,
and the court or Judge shall at any time,
make all orders of seizure that may seem ne
cessary to secure the subject matter of the
suit from danger of loss, injury, destruction
or waste, and may, pending the cause make
orders 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 Confed
erate Judge shall find it to be consistent with
tbe safe-keeping of the property so sequester
ed to leave the same in the hands and under
the control of any debtor or person in whose
hands the real estate and slaves were seized,
who may be in possession of the said proper
ty, or credits, he shall order the same to re
main in the hands and under the control of
said debtor or person in whose hands the real
estate and slaves were seized, requiring, in ev
ery such case, such security for the safe-keep
ing of the property and credit as heinay deem
sufficient for the purpose aforesaid, and to
abide by such further orders as the court may
make in tbe premises. But this proviso shall
not apply to bank or other corporation stock,
or dividends due, or which may be due there
on, or to rents on real estates in cities. And
no debtor or other person shall be entitled to
the benefit of this proviso, unless be has first
paid into the hands of the Receiver all inter
ests or net profits which may have accrued
since the 21st of May, 1861; and, iu all cases
coming under this proviso, such debtor shall
be bound to pay over, annually, to the Receiv
er, all interest which may accrue as the same
falls due; and he person in whose hands any
other property may be left, shall be bound to
account for, and pay over annually to the Re
ceiver the net income or profits of said prop
erty, and, on failure of such debtor, or other
person, to pay over such interest, net income
or profits, as the same falls due, tbe Receiver
may demand and recover the debt or property.
And, wherever, after ten days’ notice to any
debtor or person, in whose bands property or
debts may be left, of an application for fur
ther security, it shall be made to appear to tbe
satisfaction of the court that tbe securities of
such debtor or person are not ample, tbe court
may, on the failure of the party to give suffi
cient additional security, render judgment '
against all the parties on the bond for the re- i
covery of the debt or property: Provided, fur
ther, That said court may, whenever, in the ;
opinion of the Judge thereof, the public exi- I
genciee may require it, order the money due .
as aforesaid to be demanded by the Receiver, |
and if, upon demand of the Receiver, made in i
conformity to a decretal order of the court, re- i
quiring said Receiver to collect any debts for i
the payment of which security may have been i
given under the provisions of this Act, tbe
debtor, or his security, shall fail to pay t e
same, then, upon ten days* notice, the said
debtor and his security, given by said Riceiv
er, of a motion to be made in said court for j
judgment for the amount so secured, said court, !
at the next term thereof, may proceed to ren
der judgment against said principal and se
curity, or against tbe party served with such
notice, lor 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 any interest therein, may, by or- I
der of the court, be admitted as a defendant
and be allowed to defind to the extent of the
interest propounded by him ; but no person
shall be heard in defence, until he shall file
a plea, verified by affidavit and signed by him
setting forth that no alien enemy has any in
terest in the right which he asserts, or for
which he litigates, either directly or indirect
ly, by trust, open or secret, and that he liti
gates solely for himself, or for some citizen of
the Confederate States whom he legally repre
sents; and when the defense is conducted for
or on account of another, in whole or in part,
the plea shall set forth the name and resi
dence of such other person, and the relation
that the defendant bears to him in the litiga
tion. If the cause involves matter which
should be tried by a jury, according to the
course of common law, the defendant shall 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 Con
federacy may, from time to time, establish
rules of procedure under this act, not incon
sistent with the act or other laws of these
Confederate States.
Sec. 8. Be it further enacted, That the clerk
of the court shall at the request of the receive
er, from time, to time issue writs of garnish
ment, directed to one or more persons, com
manding them to appear at the then sitting, or
at any future term of the court, and to an
swer under oath what property or effects of
any alien enemy he had at the service of the
process, or since has had under his posses
sion or control belonging 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,
or since has been indebted to any alien ene
my, and the court shall have power to con
demn tbe property or effects, or debts accord
ing to tbe answer, and to make such rules and
orders for the bringing in of third persons
claiming or disclosed by the answer to have an
interest in the litigation as to it shall seem
proper; but in no case shall any one be heard
in respect threunto until he shall, by sworn
plea, set forth substantially the matters be
fore required of parties pleading. And the
decree or judgment of tho court, rendered in
conformity to this act, shall forever protect
the garnishee in respect to the matter involv
ed. And iu all cases of garnishment under
this act, the Receiver may test the truth of
the garuishae’s answer by filing a statement,
under oath, that he believes tbe answer to be
untrue, specifying tbe particulars in which
he believes the garnishee has, by omission or
commission, not answered truly; whereupon
tbe courtshall cause an issue to be made be
tween the Receiver and garnishee, and judg
ment rendered upon the trial of other issues.
And in all cases of litigation under this act,
the Receiver may propound interrogatories to
the adverse party touching any matter involv
ed in the litigation, a copy of which shall be
served on the opposite party or his attorney,
and which shall be answered under oath with
in thirty days of such service, and upon fail
ure so to answer, tbe court shall make such
disposition of the cause as shall to it seem
most promotive or justice, or should it deem
answers to the interrogatories necessary in
such order to secure a discovery, the court
shall imprison the party in default until full
answer shall be made.
Sec. 9 —lt shall be the duty of the District
Attorney of tbe Confederate Slates, diligently
to prosecute all cases instituted under this act,
and he shall receive as a compensation there
for two per cent, on aud from the fruits of all
litigation instituted under this act: Provided,
That no matter 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 appointed under this act shall, at least
every six months, and as much oftener as may
be required by the court, render a true and
perfect account of all matters in his hands or
under his control under the law, aud shall
make and state just and perfect accounts and
settlements under oath of his collections of
monies aud disbursements under this law, sta
ting accounts and making settlements of all
matters separately, in the same way as if he
were administrator of several estates of de
ceased persons by separate appointments.—
And tbe 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, however, be made until judgment or de
cree 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 tbe Receiver, and may
make such orders touching the same as shall
protect the interest of the parties 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 published consecutively for four weeks 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 Attor
ney of the Confederate States, for the court,
where the matter is to be beard, and it shall
be the duty of said District Attorney to attend
the settlement and represent the Government,
and see that a full, true and just settlement is
made. The several settlements preceding the
final one shall be interlocutory only, and may
be impeached at the final settlements, which
latter shall be conclusive, 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, oth
er than slaves, sequestered under this act, on
such terms as to it shall seem best, and such
sale shall pass tbe title of the person as whose
property the same has been sequestered.
Sec. 13. All settlements of accounts of Re
ceivers for sequestered property shall be re
corded and a copy thereof shall be forwarded
by the clerk of the court to the Treasurer of
the Confederate States within ten days after
the decree, interlocutory or final, has been
passed; and all balances found against tbe
Receiver shall by him be paid over into the
court, subject to the order of the Treasurer of
the Confederate States,and upon tejhfailure of
the Receiver for five days to pay over the
same, execution shall issue therefor, and he
shall be liable to attachment by tbe court and
to suit upon bis boi d. And any one embez
zling any money under this r,ct shall be liable
: to indictment, and on conviction shall be con
fined at bard labor for not leas than six months
nor more than five years, in the discretion of
the court, and fined in double the amount em
bezzled.
Sec. 14. Be it further enacted, That the
President of the Confederate States shall, by
and with the advice and consent of Congress,
or of tbe Senate, if tbe appointment be made
under tbe permanent Government, appoint
three discreet Commissioners, learned in the
law, who shall bold 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 ad
judge 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 retalia-
I tion of which this act is passed, or under any
other act of the United States, or of any State
thereof, authorizing the seizure, condemna
tion or confiscation of the property of any
oitiien or resident of the Confederate States,
or other person aiding said Confederate States
in the present war against the United States,
and the finding of such Commissioners in fa
vor of any .such claim shall be prima facie
evidence of the correctness of the demand,
and whenever Congress shall pass the cluim,
the same shall be paid from any money in tbe
Treasury derived from sequestration under
this act: Provided, That said Board of Com
missioners shall not continue beyond the or
ganization of the Court of Claims, provided
for by the Constitution; to which Court of
Claims the duties herein provided to be dis
charged by Colnmissioners 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 represent
the interests of this Government in all cases
arising under this act before said Board of
Commissioners.
Sec. 15. Be it further enacted, That all ex
penses incurred in proceedings under this act
shall be paid from the sequestered fund, and
the Judges, in settling accounts with Receiv
ers, shall mako to them proper allowances of
compensation, taking two and a half per cent,
on receipts, and the same amount on expendi
tures, as reasonable compensation, 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.
Seo. 16. Be it further enacted, That the At
torney—General shall prescribe such uniform
rules of proceeding under this law, not herein
otherwise provided for, as shall meet the ne
cessities of tbe case.
Sec. 17. Be it further enacted, That appeals
may lie from any final decision of the court
under this law in the same manner and with
in 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 corpora
tions become parties, and this law requires an
oath to be made, it shall be made by some of
ficer of such corporation.
Sec. 19. Be it further enacted, That the
courts are vested with jurisdiction,* and re
quired by this act to settle all partnerships
heretofore existing between a citizen and one
who is an alien enemy ; to separate the inter
est of the alien enemy, and to sequestrate it.
And shall, also, sever all joint rights when an
alien enemy is concerned, and sequestrate tbe
interest of such alien enemy.
Sec. 20. Be it further enacted, That in all
cases of administration of any matter or thing,
under this act, the court having jurisdiction
may make such orders touching the preserva
tion of the property or effects under the di
rection or control of the Receiver, not incon
sisten. with the foregoing provisions, as to it
shall seem proper. And the Receiver may,
at any time, ask and have the instructions of
the court, or Judge, respecting his conduct in
the disposition or management of any proper
ty, or effects under his control.
Sec. 21. That the Treasury notes of this Con
federacy 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 be construed to destroy or impair
the lien or other rights of any creditor, a citi
zen or resident of either of the Confederate
States, or of any other person, a citizen or res
ident 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 seques
tration are had, within twelve months from
the institution of such proceedings for seques
tration; and the Court shall cause all rpoper
parties to be made and notices to be given, and
shall hear and determine the respective rights
of all parties concerned; Provided, however,
that no sales or payments over of money shall
be delayed for, or by reason of such rights or
proceedings; but any money realized by the
Receiver, whether paid into the Court or Treas
ury, or still in tbe Receiver’s hands, shall stand
in lieu of that which produced said money,
and be held to answer the demands of the
creditors aforesaid, 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 exist against the estate, property, or effects
sequestrated, or the proceeds thereof.
Approved August 30, 1861.
The Stephens Regiment.
THE Companies tendered for this Regiment
are hereby ordered to rendezvous in this
city by, or before, the 16th instant. Encamp
ment and tents will be provided, and the Com
panies mustered into service, upon their ar
rival. There is yet room for one more Com
pany, if immediately tendered, with full
ranks. E. L. THOMAS,
Sepl3-5t Colonel Commanding.
Confederate States of America, I
Quarter-Master’s Dep't, >
Montgomery, Ala., July 12th, 1861. j
The following is published for the information
of those whom it may concern :
MEMBERS of Companies passing over the
various Railroads, on their way to join
their Regiments, must have written or other
satisfactory evidence of their being members
of the Company, before being furnished with
transportation.
The evidence must consist in a written cer
tificate from the Captain, saying that he is a
member, and is on his way to join the Com
pany ; or must produce a written order from
the Captain, saying that he must join his Com
pany. JAMES L. CALHOUN,
Auglßtf Major C. 8. A., A. Q. M.
Wanted Immediately.
A few SADDLERS or HARNESS MAKERS,
to work on military accoutrements. Ap
ply to SHERMAN A CO.,
sept. 15-dlw. Columbus, Ga.
Ragging.
BALES Heavy Gunny Bagging, for sale
MV by the bale only, by
McNAUGHT, ORMOND A CO.
sept. 15-dlw.
Horse* for Sale.
T H AVE 27 head of FINE HORSES just ar
*■ rived from Kentucky and for sale at my
o. H. JONEB.
Sept. 12-ts.
GILHAM’S MANUAL,
FOR Volunteers and Militia, just received.
Price *2 50; by mail S 3.
sept 6-ts. j. McPherson a co.
TWO good second-hand BUGGIES for sale
by PEASE A DAVIS.
Sep 13-1 m