The Union and journal., 1861-12-20
Mr.. Trum5ull on confiscation.

Senator Trumbull, in explaining his contis-
cation bill. the chief provisions of which
have already been given, thus remarks upon
the legal aspect Of ths question;
"Having shown tha, the military called forth
under the Constitution to suppress an insur-
recton may be vested with all the power neces-
sary 20 the eni, consistent with the usages OF
civilized warfare, II follows that IL hostile ar
mics max ever cOn6scate an enemy's property,
the rights OF the Un'ted States to do Il in case
of the rebels is unqu tiOnable, for surely no
war was ever more str 'Ous than the one now
being waged By the reb, for the overthrow Of
this Government. They urely cannot COM
plain Of treatment We wou have a right to
extend 10 foreign armies. iIe right OF seizure
aud con6scatiOn OF the property Of the enemy
as a prize Of war. i settled question OF in
ternat1onal law, which has been affirmed by
our own Supreme Court. In the case OF Brown
against the United States, reported ia the eighth
Branch, the Court says: Respecting the pow
er os Government, no doubt Is entertained.-
That war gives to the sovereign fnll right to
take the persons and cOnhscate the property Of
the enemy wherever found. is conceded The
mitigation of this rigid rule, which the humane
AMI wise policy Of modern times has introduced
To practice, will more or less Affect the exercise
That remains undiminished. and when the SOW
ereign authority shall choose TO bring II into
operation. the judicial department must give
~, are TO be overcome by less than one-tOurth
their number fighting Tor the overthrow Of free
government. the establishment Of an aristocra-
cy, and the perpetuatiou aud spread OF human
slavery. But while fighting this battle In be-
half Of constitutional liberty, II behooyes US
especially to see to IL that the Constitution re-
L.. ha.. Wax
gainel but little In suppressing the insurrection
III IL be at the expense of the COnstit ution, for
the chains which the bOndman wears are none
the lighter because they were pressed By his
own aud not another's hands. AS we expect to
come out OF this contest with our flag full and
complete in all its proportions, nor stripe eras-
ell or q star obscured, 50 let Us preserve the
Constitution, perfect in all its parts, with all
its guarantees for the protection OF life and lib
erty unimpaircd and the instrument itself rem
lerel doubly dear from the fact that IL has been
sacredly maintained and proven equal to every
emergency, under circumstances the most try
ing Co which n nation was ever subjected. Then
when this struggle Is over, we will have an as
surance that our government Is stronger than
ever before, AMI that Constitutional Liberty Is
established on foundation which no human
power will ever be able To subyert."
Mr.. Trumbull concluded his speech with the
following admirable remarks;
"If we would bring this war 10 n successful
issue. !, Is high time Il was made as terrible to
the enemies as TO the friends of the Republic
Mercy and security to conspirstors and rebels
In arms against the Government are cruelty and
peril to loyal citizens struggling for the preser-
vation Of the Union and maintenance OF con-
stitutcnal liberty. They who deny their allie
glance 10 the Government have no right to
claim its protection. Let the Government cease
TO affOrd 10; deal with them and their property
as their crimes deserve; prosecute the war with
yigor, and il will soon be brought TO q success
ful issue. II cannot be that twenty millions OF
people, arinel in defense OF Unconstitutional liber-
effect 20 its will. Blu. until that will shall be
expressed, no power Of condemnation can ex-
ist In the Court That case also decides that
the power Of cunfscating the enemy's proper
~ II in the Legislature Most Of the nations
of Europe acquired title to territory they pos
seSs by eOnqGIsts, and private persons have de-
rived their titles from that OF the government
thus obtained. According 10 the modern usa-
ges Of nations, private property Of alien enem-
les ON land has not generally been forfeited
but the right Of forfeiture Is unquestionable,
and nay be exercised. IL necessary, TO secure
the just ends of the war. or In retaliation for
forfeitures BY the enemy. The rebels, whereV-
er they have the power, have seized aud conhs-
Gated the property o'loysl men, and this, ac-
corling even 10 modern usage. as between in
dependent nations. would give Ia the United
States the right 10 cOnliscate in turn. Much
more would they possess that right rs against
rsbels who have eausclessly taken up arms
against the Government"