The case of the ‘"Confederate States vs
Word "’ to sequestrate certain debts out by them to ‘"Elkers & Brother
,"’ who, it is alleged, are alien enemies, was taken up in the Confederate States
Court, on yesterday, and argued at length by P. H. Aylett
, the District Attorney
The facts of the case presented by the report of Commissioner Watson
, upon which the case was argued, are as follows:
, a native of Prussia
, emigrated to this country many years ago, resided in Mobile, Alabama
, for many years, where he took out his last naturalization papers in 1849.
He established a large clothing store in Mobile
in conjunction with his brother, and afterwards in 1853 removed to New York and there established a branch house of trade.--He married in New York, bought a residence there, and voted there at the Presidential election of -- voting against Lincoln
He frequently visited Mobile
from 1851 to 1861, and continued a partner in the Mobile house
In 1861, immediately after the proclamation of Lincoln
, he shipped a portion of his goods to Mobile
and closed the New York house
, but remained in New York until September, 1861 when he returned to Mobile
, and took the oath of allegiance to the Confederate States
His family is still in New York, and it does not appear that he has sold his private residence in that city.
He alleges that, in consequence of ill health, and for other causes, he cannot remove his family South.
The Government contends that the defendant was an alien enemy on and after the 21st of May, 1861 and that his citizenship in New York continued until September, when he removed from that State, and that no change of citizenship after the commencement of hostilities between the Confederate
and the United States
can protect the property of an alien enemy from the sequestration act.