In one instance I saved to a certain litigant property on El Paso street
now worth fifty thousand dollars simply by producing an ancient deed
which I had had in my possession for twenty-five years and had
forgotten. The book, “Record of Deeds,” had been destroyed, but the
acknowledgment of the vendor was on the deed itself, and the suit was
withdrawn.
I believe that in the main these cases were decided according to law,
which was the best that could be done; but if, as we are told, there are
certain eternal principles of right and justice, higher than those men
make for their own convenience, then surely these principles were
sometimes violated, for deserving men lost property which by such
principles should have been theirs by such trivial neglect as failing to
record a deed or to pay taxes or to preserve evidence of occupancy, or
some other fact, or worse still, by false testimony.
CONFISCATION—AN EXPLANATION—NOT AN APOLOGY.
All Governments, including the Southern Confederacy, have written in
their statute books that whoever engages in rebellion or takes up arms
against their authority shall forfeit not only his property but his
life.
I am glad now that my Government did not enforce these harsh penalties
against any of the Confederates.
In 1864 the United States District Judge for New Mexico, himself a
Southern man, held that his Court had the power to libel and confiscate
the real estate of such citizens of El Paso County, Texas, as were then
in arms against the United States. He based this claim upon an Act of
Congress approved March 3d, 1863, which provided that “The jurisdiction
of the United States Court for New Mexico is hereby extended over the
citizens of El Paso County only in cases not instituted by indictment.”
I, being Collector of Customs, had caused this act to be passed to
enable me to condemn and sell goods smuggled into El Paso County (there
being then no United States Courts in Texas). I am frank to say that I
did not then even dream of the confiscation of any one’s real estate.
The United States Attorney and Marshal for New Mexico came to El Paso
and libeled the property of certain leading Confederates and proceeded
against it in the United States Court at Mesilla, New Mexico, and
certain of these lands and lots were declared forfeited and were sold at
El Paso by the United States Marshal, and I purchased a portion of this
property, as did others. I paid the Marshal eighteen hundred dollars
good and lawful money therefor, and received and recorded his deeds.
I protected the property of some of my Confederate neighbors, Dowell’s
and Stephenson’s and others.