Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
In this case, as in the one related, the New York merchant went to
Alexandria to look after his customers, and found them gone. After
considerable inquiry, he found the clerk who had the keys, but the clerk
said he had no authority from the owners to do anything, and would not
so much as open the store to allow the creditor to look in. The merchant
then called upon Judge Freese and told him the facts of the case. The
Judge informed him that the court now had a regular course of procedure
in these cases, and if he chose to pursue that course he could bring his
case before the court. The merchant inquired what was the procedure? The
Judge informed him that the first step was, for the party having a claim
to make an affidavit as to its amount and its correctness--the same
as in cases of attachment in ordinary courts; that thereupon the
court issued an order, having the force of an attachment, to the
Provost-Marshal, to take charge of the goods of the defendant until such
time as the case could be heard--usually in one week from the day the
attachment issued; that the plaintiff must then produce his original
books of entry, or note, or other evidence of debt, and satisfy the
court, beyond any possible doubt, that the debt is due and unpaid; that
when this had been done--the defendant meanwhile, or any one for him,
having, of course, full opportunity to make any defence within
his power, if any he had to make--the court appoints three wholly
disinterested persons to fix the value and set apart so much of the
defendant's goods as would satisfy the claim of the plaintiff, with cost
of transportation to a market, and costs of proceedings; that the three
commissioners must then make report, with schedule of goods set apart,
to the court; that the court carefully examines said report, and
if found correct in all particulars, then issues an order to
Provost-Marshal to deliver to plaintiff the goods so set apart; upon
receipt of which the plaintiff executes receipt to Provost-Marshal for
the goods, as in full liquidation of his claim against the defendant.
The proceedings, the Judge said, were so plain that a child could
understand them, and so open and straightforward, from first to last,
that a mistake was scarcely possible.
Public-domain text, read in full here on John Shaqi.
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