Southern confederacy. (Atlanta, Ga.) 1861-1865, September 18, 1861, Image 2

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cdcocD 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