Congressman Horace Mann to Samuel Downer, August 25, 1850

WASHINGTON, Aug. 25, 1850.

I must say, my dear Downer, for the friendliness of your letters turns the esteem and regard which I have always had for you into affection.

Your view of the difficulty of my case corresponds exactly with mine. The sentiment of the old catch, "I cares for nobody, and nobody cares for me," is perfectly true when applied to parties. No party has felt that I was in full communion with it. The "communication," as the magnetizers say, has not been established. They may have believed, what always was and always will be true, that, while ready to do any thing for their principles, I would not sell myself to their partisan schemes. Hence, in a crisis like this, they feel that I am not the man for them.

From all that I learn, I am led to suppose, that, while every thing is done against me that can be done in the lower part of the county, there is a state of entire quiescence in the upper. From those parts of the district which are in Plymouth and Middlesex Counties, I hear almost nothing. I have letters from different parts of the State which are as complimentary as my most partial friends could desire. They speak of the universal disaffection there is towards Webster, and of the sympathy there is for me. But these are away from commercial and manufacturing localities. In such resorts, and among men engaged in business, who are susceptible on the Mammon side of their nature, I suppose Webster is all powerful. Never was a greater influence exerted than his friends are exerting now, here as well as at home; and I think that the Territories have as good a chance to come in without the proviso as California has to be admitted as a free State.

It is impossible for the friends of freedom at home to take any but the most general positions now.

Within the coming month, there will be developments which will have decisive influences upon parties and individuals. No conventions should be held till after the adjournment of Congress. We shall then see what foe we have to meet, and what weapons we have to fight with.

On the Texas Boundary Bill I may have an opportunity to say something, though not much at length. Texas has been allowed to slide or steal into possession of a great extent of territory to which she has no right,—all, or almost all, between the Nueces and the Rio Grande, from the Gulf up to New Mexico. The New-Mexicans, by fixing the boundary in their constitution at 32° on the east side of the Rio Grande, have cut their friends off from all attempt to give them any thing below. My impression is, that if the Texan Boundary Bill were amended so as to adopt the compromise line, -that is, starting from twenty miles above El Paso, and going north-east to the south-west corner of the Indian Territory,—and if the provision were stricken out which gives Texas a right to an additional slave State, it would be best to vote for it. Please to tell me what you think of this, as soon as convenient.

I do not know exactly on whom to rely in these times. . . . I will send you one or two letters, that you may see what people say to me. . . . Please return these letters to me. I receive any amount of this kind, —paper abuse, much more than the amount of the news

Yours ever,

HORACE MANN.

SOURCE: Mary Tyler Peabody Mann, Life of Horace Mann, p. 317-9

Speech of Jefferson Davis in House on April 17, 1846 on the Oregon question.

Mr. JEFFERSON DAVIS said, the closing remarks of the gentleman who had preceded him certainly invited a reply; but in consideration of the little time which remained of that allowed for this discussion and the number of gentlemen anxious to address the committee, he would only say, in answer to these remarks, that he repelled the assumption, that all who differed from the gentleman in his opinions upon Oregon, were so wanting in wisdom or patriotism as ignorantly or timidly to sacrifice American rights. Not always was it found that those who most readily entered into quarrel, bore themselves best after they were in. Sometimes the first to get into a row are the first who wish themselves out.

He declined to enter into the question of title. The ancient voyages of Spain—the ancient conventions in relation to the Northwest coast of America—seemed to him so little connected. with the subject before the committee, that he had listened to such speeches with the feelings of the Vicar of Wakefield, when he met the sharper of the fair in prison, and he commenced his recital on cosmogony. Stop! said the Vicar, sorry to interrupt so much learning, but I think I have heard all that before.

He would point out his most prominent objections to the bill, and before closing, would offer a substitute for its provisions. He said, the title of the bill met his entire approval. Our citizens in Oregon had a right to expect our protection. It was gratifying to him to witness the fact, that though they had gone beyond the exercise of our jurisdiction, they looked back and asked that the laws of their father-land might follow them; they invited the restraints of our legislation; thus giving the highest proof of their attachment, and paying the richest tribute to our institutions.

There is sufficient unanimity as to the propriety of extending our laws over American citizens in Oregon, to justify me in omitting that branch of the subject, and proceeding at once to inquire by what mode this may be effected. By the bill under discussion, it is proposed to extend the jurisdiction of the supreme court of Iowa, and the laws of said Territory, as far as applicable to that portion of the territory of the United States which lies west of the Rocky Mountains, and also over a belt of country east of those mountains and west of the Missouri river, and lying between the fortieth and forty-third parallel of north latitude.

Who here knows what the laws of Iowa are, still less what they may be; but this much we all may know, that from the difference in the condition and wants of the two countries, the one must be very poorly calculated to legislate for the other, and great confusion must ensue in the attempt to apply the wants of one to the other. He referred to the mining character of Iowa, which gave to her people and local legislation a character peculiar and inapplicable to Oregon. He denied the propriety of extending the laws of Iowa over the Indian country, considered such extension a violation of the principles which had heretofore controlled our intercourse with the Indian tribes, the principle which had been characteristic of our Government, contradistinguishing it from those of Europe, who had had intercourse with the aborigines of America. Our Government had always recognised the usufruct of the Indians of the territory possessed by them. Our jurisdiction over Indian country has heretofore been confined to regulating trade and intercourse with the Indian tribes, and serving process upon our own citizens within the Indian territory. This is to give force to the laws of Iowa over all the Indian country therein described; to wrest, without the just and liberal compensation we have heretofore paid for the extinguishment of Indian title, a belt of country on this side of the mountains, from the tribes who possess it, and, by the strong hand, to seize all which lies beyond.

He said, gentleman had frequently addressed us upon the rights of Great Britain and the conflicting claims of that Government and ours in the Oregon territory. By the conventions of 1818 and 1827, the title as between these two Governments was in abeyance. Let us strictly regard all our treaty stipulations with that rival claimant; but most especially let us respect the rights of the more helpless occupant, and more rightful possessor—the savage who originally held the country.

To this end, he said, he had drawn up, and would submit a substitute for the bill, violative of the rights of no one, in strict accordance with the usage of this Government, and, as he believed, most effective to preserve peace and order, and extend to our citizens in Oregon the benefits of our republican laws and institutions. It was the application, so far as suited to the circumstances, of the ordinance of 1787, for the government of the territory of the United States northwest of the Ohio river, and of the law of 1789, to render it more effectual. Under these, our citizens in the various territories of the northwest had passed from the condition of Indian country to the second grade of government. No question could arise in their application which had not been already adjudicated; and, therefore, in adopting this plan, we could distinctly see, and accurately judge, of the results it would produce. In view of the peculiar condition of the Oregon territory, he expected, by a proviso, that portion of the ordinance which refers to a general assembly; also substituted for the freehold qualification of officers required by that instrument the qualifications prescribed in the territory of Iowa, where no freehold is necessary, and had added a section securing to the British subjects in Oregon all the rights and privileges they derive from existing treaties, so long as those treaties shall continue. By this substitute it is proposed to provide for the appointment of a Governor, who should be ex officio superintendent of Indian affairs, and three judges. These officers appointed by the President, by and with the consent of the Senate, are to receive the same compensation as officers of a like grade in the Territory of Iowa. They are to be authorized to adopt such laws from the statutes of the different States of our Union as may be applicable to the condition of that country, the whole to be subject to the revision and approval of Congress.

Thus, sir, we shall be guarded against the dangers of extending the laws of a territory existing, and hereafter to be enacted without our knowledge, and above our control, likewise from any improper legislation which might result from a representative assembly in a mixed and unsettled colony. The officers of the Government thus constituted are authorized by proclamation to define the limits of the settlements of our citizens in Oregon, to which the Indian title has been, or may be extinguished, and within such settlement to locate the seat of government for the territory. Until the Indian title has been legally extinguished in some portion of the territory, it is a violation of the policy we have heretofore observed, and which stands upon our history a proud monument of humanity and justice, to locate our courts, and assume territorial jurisdiction in that country.

Having a point upon which to rest our territorial government, its process can thence extend into the Indian country around it to persons found therein, and subject to our jurisdiction. Now, by the act of 1834, a criminal might be arrested in the territory of Oregon, brought over to our courts in Missouri or Iowa for trial, as they are frequently arrested, and brought to trial from the Indian country east of the mountains.

From the various instances of erecting a territorial government in the manner proposed, he would detain the committee by a reference to but one—that of Wisconsin.

The United States held free from Indian title the small tract of land at Green Bay. Upon this they located their territorial officers; here the laws were administered: and hence a process issued into the remainder of the territory occupied by Indians.

The only difference between Wisconsin and Oregon, if any difference exists to vary our practice on this point, must arise from the joint-occupancy convention between England and the United States. To my mind this offers no obstacle.

Our settlements in Oregon are entirely within the limits within which we have actual, legal possession—our possession recognised by the Government of Great Britain before the joint convention was formed which is now said to impose upon us limitations.

Pending the negotiation of 1827, Mr. Gallatin informs us the American Plenipotentiary declined to agree to any convention containing an express provision against the exercise of any exclusive sovereignty over the territory. He says, in his letter dated January 22, 1846, referring to the negotiations of 1827, in relation to the territory west of the Stony Mountains, "The probability that it might become necessary for the United States to establish a territorial, or some sort of a government, over their own citizens, was explicitly avowed." Great Britain, through her mercantile corporation, the Hudson Bay Company, extends her laws over Oregon. We have none other than political corporations, through which to effect the same object on the part of the United States. The proposition he submitted was through a governor and judges, as the head of a territorial incorporation, to transmit the laws of the United States to her citizens residing beyond the practical extension of her organized jurisdiction.

This, he contended, we had a right to do under the existing convention with Great Britain; this was our duty to our own citizens, to the Indian inhabitants of that territory, and, as he believed, essential to the preservation of order, and the maintenance of our treaty obligations. This policy was unconnected with the termination of the convention of the joint occupancy with Great Britain, and should have been adopted long ago. It was necessary to limit the British act of 1821, which has found an excuse, in the absence of all other law, or "civil government," for an extension invasive of our rights, and injurious to our people.

With this brief explanation, and relying on the familiarity of the committee with the subject-matter it contained, he submitted his substitute to their consideration.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 40-4

Congressman Rutherford B. Hayes to Colonel Russell Hastings, February 1, 1866

WASHINGTON, D. C., February 1, 1866.

DEAR COLONEL:— Mr. Sherman called with me on Secretary Harlan of the Department of the Interior this morning. Senator Sherman will use his influence heartily, and I have no doubt successfully, in your affair. There is a possibility of three things which I submit to you:— An Indian agency in the Indian Territory, Fort Smith, being, I think, headquarters; (2) Superintendency of Indian affairs in New Mexico; and (3) Surveyor-generalship of Dakota Territory. All of these places I regard as preferable to any clerkship or the like here. Can you muster physical strength enough for such a place as either of the three? Keep all this to yourself strictly. Neither of the places are vacant and it would be embarrassing to have them publicly spoken of.

Sincerely,

R. B. HAYES.

[COLONEL RUSSELL HASTINGS (?)] Private.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 3, p. 15

Albert Pike

Lawyer, Poet.

Albert Pike, lawyer, poet, philologist, and for many years prior to his death the highest Masonic dignitary in the United States, was born in Boston, Massachusetts, December 29, 1809, and died in Washington City, April 2, 1891.

In early childhood he removed to Newburyport, in the same State, at which place and at Framingham he received his early education. In 1825 he entered Harvard College, supporting himself at the same time by teaching. Having studied at home for the junior class and passed the examination to enter in 1826, he found that the tuition of the two previous years was required to be paid, and, declining to do this, he completed his own education, teaching the meanwhile at Fairhaven and Newburyport, where he was principal of the grammar school, and afterwards conducted a private school of his own. In later years the degree of Master of Arts was conferred upon him by the faculty of Harvard College. In March, 1831, he went to the west, going with a trading party as far as Santa Fe, New Mexico. In September, 1832, he joined a trapping party at Taos, with which he went down the Pecos river and into the Staked Plains, where with four others he left the party and, traveling for the most part on foot, reached Fort Smith, Arkansas, December 10, 1832. His adventures during these expeditions, in which he underwent many hardships, are related in his volume of "Prose Sketches and Poems," published in 1834. While teaching in 1833, below Van Buren and on Little Piney river, he contributed articles to the Little Rock "Advocate," which attracted the attention of Robert Crittenden, through whom he was made assistant editor of that paper, of which he afterwards became owner and conducted it for upwards of two years. In 1835 he was admitted to the bar. He had read only the first volume of "Blackstone's Commentaries," but the judge of the territorial superior court said, as he gave the license, that it was not like giving a medical diploma, because as a lawyer he could not take anyone's life. He subsequently made an extensive study of the law, being his own teacher, and practiced his profession until the outbreak of the Mexican War, when he recruited a company of cavalry, and was present at the battle of Buena Vista, being attached to Colonel Charles May's squadron of dragoons In 1848 he fought a duel with Governor John S. Roane, on the occasion of an account of that battle written by him, and which Governor Roane considered reflected unjustly on the Arkansas regiment.

In 1849 he was admitted to the bar of the Supreme Court of the United States, at the same time with Abraham Lincoln and Hannibal Hamlin. A famous case pleaded by him before that tribunal was the claim of Henry M. Rector for the famous Hot Springs property in Arkansas. In 1853 he transferred his law office to New Orleans, having, in preparation for practice before the court of Louisiana, read the "Pandects," making a translation into English of the first volume, as well as numerous French authorities, and he also wrote an unpublished work in three volumes upon "The Maxims of the Roman and French Law." He resumed practice in Arkansas in 1857. In 1859, having been for many years attorney for the Choctaw Indians, in association with three others he secured the award by the United States Senate to that tribe of $2,981,247. He was the first proposer of a Pacific railroad convention, and was sent as a delegate to several conventions of the kind before the war, at one time obtaining from the Louisiana Legislature a charter for a road with termini at San Francisco and Guaymas. During the war of secession, he was sent by the Confederate government to negotiate with the five civilized tribes in Indian Territory, to secure their alliance and adhesion, and commanded a brigade of Cherokees at the battle of Pea Ridge, Arkansas. He was also for a short time on the Supreme Bench of Arkansas. In 1867 he edited the "Appeal" at Memphis, Tennessee, and in 1868 he removed to Washington City where he practiced before the courts until 1880.

From the year 1880 until his death, he devoted himself to literary pursuits and to Masonry. In his twentieth year General Pike composed the "Hymns to the Gods," poems published in "Blackwood's Magazine" in 1839, and included in "Nugae," a volume of poems privately printed in 1854. In 1873 and 1882 he printed, also privately, two other collections of poems. In 1840-45 he was the author of five volumes of Law Reports; in 1845 of the “Arkansas Form-Book;” in 1859 of "Masonic Statutes and Regulations;" and in 1870 of "Morals and Dogma of Freemasonry." Unpublished translations of the "Rig Veda," the "Zend Avesta," and other works of Aryan literature (with comments) filled seventeen or eighteen volumes of manuscript, without blemish or erasure. He composed numerous Masonic rituals, and replied to the bull of Pope Leo XIII against Masonry. In 1859 he was appointed grand commander for life of the supreme council of the thirty-third degree for the southern jurisdiction of the United States, the mother supreme council of the Masonic world. He was also at the head of the Royal Order of Scottish Rite Masonry in the United States.

SOURCE: William Richard Cutter, Editor, American Biography: A New Cyclopedia, Volume 2, p. 184-6

John A. Quitman to John F. H. Claiborne, October 18, 1830

Monmouth, Oct. 18th, 1830.

Dear Claiborne,—I have put off a further reply to your letter of the 25th August with a view to minute the amendments of which our code is susceptible, as they might occur to me from time to time; but I have found myself so engrossed by the preparation of my decrees and opinions for publication, and by other official business, that I am still, in a measure, unprepared, and must answer you now only in part.

It will be certain that an amendment to the Constitution will be necessary in a few years. The acquisition of the Indian territory will make this imperative, and the only question is, whether the present is a more suitable time than the period when the actual necessity shall occur. It seems to me that the absence of political excitement, and the serenity of our horizon, point out the present as the most suitable moment to careen the ship of state. Talent will be called to the performance of this duty without regard to party. We know not how long this quiet atmosphere will continue. Storms may arise in a few years, by which the scum and dregs of society may be agitated to the surface, and disturb and destroy the pure element we now enjoy. Let us do, then, what may be necessary, while we may do it in peace.

The 2d and 3d articles of the compact limiting the number of judges, and the 9th section of the 3d article limiting the number of representatives to 36 until our white population amounts to 80,000, and yet requiring that each county shall have a representative, are incompatible with the acquisition and organization of new and extensive territory. Even setting aside the necessity of the matter, policy requires some amendments to the charter. Our judicial system is exceptionable. The trial of questions in the last resort should be vested in an independent, impartial, and unprejudiced tribunal, composed of judges in number sufficient to avoid as well the frailty or errors of one individual, as the great division of responsibility where there are too many judges. Three is, in my opinion, the golden number. When a set of men are called on to decide upon their own errors, we must expect to find some bias toward former impressions, or a disposition to question the accuracy of one who has detected a flaw.

I likewise am in favor of biennial sessions of the Legislature, and some change made to prevent important questions of legislation from being made subsidiary to the election of a senator or a judge. Our whole bloody criminal code calls for radical revision. I see no cure for it but amputation. The limb should be cut off from the body politic, and a scion of less barbarous growth engrafted thereon. For the many grades of moral turpitude which are considered proper subjects for the denunciation of the laws, many and various grades of punishment are required, and the punishment of all crimes, except, perhaps, those of the deepest dye, should be so inflicted as to leave room for amendment. It were better to punish with death in all cases than to brand the culprit with an indelible stigma and turn him loose upon society. Yet for all the various classes of crime known to our laws, we have but four kinds of punishment — the whipping-post, the pillory, the hot iron, and halter. Imprisonment in the common jail is seldom resorted to. When the courts have the alternative they rarely order imprisonment, owing to its expense to the state. The prisoner must be supported at considerable cost, while his labor, which, under a better system, might be profitably employed, is wholly lost. The penitentiary is the remedy. This would enable us to graduate punishments, and would be followed by more certainty in the conviction of offenders. Many crimes of dangerous character — negro stealing and forgery, for example — which are now capital, go unpunished, in consequence of the disinclination of juries to find a verdict of guilty. In my opinion, the man who shall succeed in introducing the penitentiary system in this state will deserve the highest honor. Were I in search of popularity, I would feel certain of success with such a subject. It is not a mere experiment. Good management will enable the system to more than support itself.

Let me urge upon you, by all means, the necessity of a law to prevent and punish the circulation of incendiary pamphlets, etc., in this state.

SOURCE: John F. H. Quitman, Life and Correspondence of John A. Quitman, Volume 1, p. 100-2

George L. Stearns to Mary Hall Stearns, May 17, 1860

[May 17, 1860.]

I have to-day two letters from you and one from Frank — your letter, May 9 and Frank's May 12, and have telegraphed that I am here and will leave for Philadelphia to-night.

I found on arrival at Lawrence some earnest men, who are desirous to use active measures if they could have the means. Among them a Mr. Stewart, who tells me he formerly lived with Mr. Henry A. Page. S. has several colored people on his farm, one a good-looking young girl who, when her master tried to take improper liberties with her, knocked him down and ran off.

He, with others I saw, assured me that it was the wish of the majority of the people of Kansas to make it a “free state” for blacks as well as whites, and they would do so if the means could be procured to effect an organization.

If I had returned home my work would only have been half developed, and of course half done. I now feel confident that we can make the whole of Kansas a place of rest for the “panting fugitive,” and that done, Missouri, Arkansas, and the Indian Territory can be cleared of slaves.

Montgomery is a splendid man. I will tell you lots of stories about him when I get home.

SOURCE: Preston Stearns, The Life and Public Services of George Luther Stearns, p. 225-6

The Confederate Sequestration Act, August 30, 1861

AN ACT for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States 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 usages of civilized warfare in 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,

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 enemy since the twenty-first day of May, one thousand eight hundred and sixty-one, except 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, sequestrated by the Confederate States of America, and shall be held for 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 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 any State thereof authorizing the seizure, condemnation, or confiscation of the property of citizens 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 affected 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 from and after the day such State so became a member of this Confederacy, and not before: Provided further, That the provisions of the act shall not extend 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, 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 Delaware, Maryland, Kentucky, or Missouri, or of the District of Columbia, or the Territories of New Mexico, Arizona, 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 existing war against the Confederate States.

SEC. 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 the 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.

SEC. 3. Be it further enacted, That it shall be the duty of every attorney, agent, former partner, trustee, or other person holding 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 receiver, hereinafter provided to be appointed, of the same and to render an account thereof, and so far as is practicable to place the same in the hands of such receiver; whereupon such persons shall be fully acquitted of all responsibility for property and effects so reported and turned over. And any such person willfully failing to give such information and render such account shall be guilty of a high misdemeanor, and upon indictment and conviction shall be fined in a sum not exceeding $5,000 and imprisoned not longer than six months, said fine and imprisonment to be 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.

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 and truly to inquire and report all lands, tenements and hereditaments, goods and chattels, rights and credits, and every interest therein within the jurisdiction of said grand jury held by or for any alien enemy, and it shall be the duty of the several receivers, appointed under this act, to take a copy of such report and to proceed in obtaining the possession and control of all such property and effects reported and to institute proceedings for the sequestration thereof in the manner hereinafter provided.

SEC. 5. Be it further enacted, That each judge of this Confederacy shall as early as practicable appoint a receiver for 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 prescribed by the judge, with good and sufficient security, to be approved by the 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 incompetency, or inefficiency, or infidelity in the discharge of his trust And 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 receivers' districts, according to the necessities of the ease, and to appoint a receiver for each of said newly created districts. 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 duties of his office.

SEC. 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 hereditaments, 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 purposes 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 he can, the estate, property, right, or thing sought to be recovered, with the name of the person holding, exercising supervision over, in possession of, or controlling the same, as the case may be, and praying a sequestration thereof. Notice shall thereupon be forthwith issued by the clerk of the court, or by the receiver, to such person, with a copy of the petition, and the same shall be served by the marshal 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 at any time make all orders of seizure that may seem necessary 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 Confederate judge shall find it to be consistent with the safe-keeping of the property so sequestered 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 property or credits, he shall order the same to remain in the hands and under the control of said debtor or person in whose hands the real estate and slaves were seized, requiring in every such ease such security for the safe-keeping of the property and credits as he may deem sufficient for the purpose aforesaid, and to abide by such further orders as the court may make in the premises. But this proviso shall not apply to bank or other corporation stock, or dividends due, or which may be due thereon, or to rents on real estate in cities. And no debtor or other person shall be entitled to the benefit of this proviso unless he has first paid into the hands of the receiver all interests or net profits which may have accrued since the twenty-first of May, eighteen hundred and sixty-one; and in all cases coming under this proviso, such debtor shall be bound to pay over annually to the receiver all interest which may accrue as the same falls due; and the person in whose hands any other property may be left shall be bound to account for, and pay over annually to the receiver, 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 wherever, after ten days' notice to any debtor or person in whose hands property or debts may be left, of all 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 property: Provided further, That said court may, whenever, in the opinion of the judge thereof, the public exigencies may require it, order the money due as aforesaid to be demanded by the receiver, and if upon demand 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 security may have been given under the provisions of this act, the 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 any interest therein, may, by order of the court, be admitted as a defendant and be allowed to defend to the extent of the interest propounded by him; but no person shall be heard in defense 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 he asserts, 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 Confederate States whom he legally represents; and when the defense 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 relation 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 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 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. 8. 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, commanding them to appear at the then sitting or at any future term of the court, and to answer under oath what property or effects of any alien enemy he had at the service of the process, or since has had under his possession 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 enemy; and the court shall have power to condemn the property or effects or debts, according to the 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 thereto until he shall by sworn plea set forth substantially the matters before required of parties pleading. And the 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 be untrue, specifying the particulars in which 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 in 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 which 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 answers to the interrogatories necessary in order to secure a discovery, the court shall imprison the party in default until full answers shall be made.

SEC. 9. It shall be the duty of the district attorney of the Confederate States diligently to prosecute all causes instituted under this act, and he shall receive as a compensation therefor 2 per cent. upon and 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 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 law, and shall make and state just and perfect accounts and settlements under oath of his collections of moneys and disbursements under this law, stating accounts and making settlements of all matters separately, in the same way as if he were administrator of several 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, however, 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 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 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 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, other than slaves, sequestered under this act, on such terms as to it shall seem best, and such sale shall pass the title of the person as whose property the same has been sequestered.

SEC. 13. All settlements of accounts of receivers for sequestered property shall be recorded 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 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 receiver 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 six months nor more than five years, in the discretion of the court, and fined in double the amount embezzled.

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 the Senate if the appointment be made under the permanent Government, appoint three discreet commissioners, learned in the law, who 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 the Confederate States, or other person aiding said Confederate States in the present war with the United States, and the finding of such commissioners in favor of any such claim shall be prima facie evidence of the correctness of the demand, and whenever Congress shall pass the claim, the same shall be paid from any money in the Treasury derived from sequestration under this act: Provided, That said Board of Commissioners shall not continue beyond the organization of the Court of Claims provided for by the Constitution, to which Court of Claims the duties herein provided to be discharged by commissioners shall belong upon the organization of said court. The salaries of said commissioners shall be at the rate of $2,500 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 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 compensation, taking 2½ per cent. on receipts, and the same amount on expenditures, 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 $5,000 shall be paid into the Confederate Treasury for the use of the Confederacy.

SEC. 16. Be it further enacted, That the Attorney-General 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 enacted, 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 requires 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 sequestrate the 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 preservation of the property or effects under the direction or control of the receiver, not inconsistent 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 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 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 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 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.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series IV, Volume 1 (Serial No. 127), 586-92

Diary of Sergeant Major Luman Harris Tenney, December 26-31, 1862

Received and answered home letters. Kept at my old duties of Com. Sergt., not very arduous. Delos went home, having received a telegram that his presence was needed there. They had a real family gathering of friends from east, south and west. Came back the 31st and made us most homesick. Wrote a letter, a good one too, to Will, intending to send it by C. G. F. but he did not let me know when he left, so I destroyed it, getting too old.

Well, the year as a whole has passed much more rapidly and pleasantly than I anticipated a year ago. To be sure I never could be satisfied to spend a life in such service, still I have rather enjoyed the life I have been leading, because a sense of duty prompted me to it. My sufferings have been light indeed.

Of one thing I am sure. Had I spent the year at home, though I would have enjoyed it much, I would have been a poor, frail, sickly boy longing for death to come quickly and suddenly. Nearly so I felt January last. I hoped that health would come quickly or that by the fate of war my life would be sacrificed. A lingering death I have always had a horror of. Even now did I know that my fate were to die of consumption 8 or 10 years hence or to be shot in battle in six months, I should prefer the latter I believe. In fact, I have no desire to live a frail dependent boy any length of time. I presume this feeling has influenced me greatly in going upon so many expeditions, when I have been where I need not have gone at all. I have felt that this time I can go as well as any one else and if I fall, the world loses nothing, if somebody else fell, the contrary. Still I never went where bullets were flying but I thought seriously of my past life, my preparation to die. Sometimes there would be a hesitation, but only for a minute.

February, Independence.

March, Platte City, Fort Scott.

April, Carthage, Horse Creek, Neosho, Cowskin Prairie.

May, Fort Scott, Tola.

June, On the march to Indian Territory.

July, Cabin Creek.

August, Fort Scott, Lone Jack.

September, Springfield, Mo.

October, Sarcoxie, Grandby, Newtonia, Coalbed.

November, Arkansas, Pea Ridge, Bentonville, Maysville, The Mills, Osage Springs, Jones Mills, Fayetteville, Tannery, Boonsboro, Boston Mountains, Cane 'Hill.

December, Fort Scott, Leavenworth, Ohio.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 51-2

Diary of Sergeant Major Luman Harris Tenney: Sunday, November 16, 1862

It commenced raining early and kept it up all day. Felt weak and miserable. Still did my duties as sergeant Maj. Some seventy odd contrabands came in from Indian Territory — Creeks. A good many had arms. They had a skirmish with bushwhackers. Seven of their men killed.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 44

Diary of Luman Harris Tenney: Monday, August 4, 1862

“General” blew at 7 A. M. Struck tents and moved to our first camping ground when we entered Fort Scott from Kansas City. I went ahead with Major Miner to lay out camp. Q. M. issued clothing. Drew boots and shirt. Helped get things ready for supper. In the evening Major P., Major M. and Adj. Weeks got news of the fight in the Indian Territory. Standwaite prisoner, another notable killed. 400 proved traitors, having come into camp and given up and then turning on our men. 300 of them killed. Sergt. Major was taken sick suddenly, probably sunstruck. Bill drunk and quarrelsome. Adj. Weeks in tent.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 23

Diary of John Beauchamp Jones: October 23, 1862

The Gov. of Florida calls for aid, or he thinks his State will fall.

Albert Pike, writing from Texas, says if the Indian Territory be not attended to “instantly,” it will be lost.

Per contra, we have a rumor that Lee is recrossing the Potomac into Maryland.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 175

Luman Harris Tenney: July 10, 1862

Camp Flat Rock, Ind. Ter., July 11, 1862.

The Fourth of July was duly celebrated at Cabin Creek Camp. We did no marching, and perfect license was given to all to drink and carouse as much as they chose.

One officer even told his men that the one who wasn't drunk that night should be ducked in Grand river.

When the 1st Brigade had their fight near here, Col. Weir, our commander, was so intoxicated that he could neither receive the report of the battle or give any orders.

One reason everybody liked Col. Doubleday so well was, that he never drank. . . . .

It seems good to get settled down again. While marching, the middle of the day was so very hot, that we commenced marching at three o'clock in the morning, so we had to get up very early to have breakfast out of the way and get ready.

The greatest trouble so far has been the scarcity of water.

Had we come down the other side of the river — people say — there would have been an abundance of water. But water has been very scarce — and mostly stale creek water for which we would have to go quite a distance.

One Q. M. Sergeant was reduced to the ranks day before yesterday for going to a spring almost in our line of march.

I feared there would be a mutiny that day, so many boys hadn't water and weren't permitted to leave the ranks to get any. Hereafter any member of the cavalry losing a horse, save in battle, must go afoot, by order of Col. Wier.

Well, Charlie seems to have had his fill of grass, so I must go back to camp. I have been sitting here on my blanket while he has been grazing. We have to go quite a distance from camp for good grass. . .  You don't know what melting weather we have had.

The thermometer has been as high as one hundred and twelve in the shade I believe.

Several men have been sunstruck. There has been no rain of consequence for about two months.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 20-1