Viewing page 148 of 255

This transcription has been completed. Contact us with corrections.

US condemnation of judicial degree &c  5th section of the Act of July 17, 1862, provides that "it shall be the duty of the President to cause the seizure of all the estate and property, money &c. of the persons, &c. and to apply and use the same, and the proceeds there of" &c. This language looks to a distinction between real estate and personal property. The last may be directly used and applied as the law points out, but only the proceeds of the sale of real property could be used "for the support of the Army." The 8th section of his Act is conclusive on the question. It treats of Decrees of Sale"; of "real estate;" and "deeds," [[crossed out]] as [[/crossed out]] that will "vest in the purchasers of such property good and valid titles thereto"

I have never seen the Order of the President to which you refer in your communication of December 17, and will be obliged to you for a copy of it. It may have an important bearing on the question of the disposition of the proceeds of Sale, after these shall come into the Registry of the Court. The Counsel retained by you can then properly intervene for the Bureau.