The national Republican., 1861-12-28
,,rr,scAr,Se BRITISH PROPERTY.

CuNFISCATING BRITISH PVOPENTh'
A correspondent suggests, as measure OF
precau,ion, the sequestratiou OF all BRUSH
property in this country, including mercantile
debts and all stocks snd bonds Of States and
private companies held in Great Britain. He
computes the amount Of our Indebtedness lin
all forms) to Engli.hmep, at one Thousand mil
lions Of dollars, which Is from elk to ten time'
what II actually Is, -. -
The tenth article of our treaty of IVA, with
Great Britain is in the words following:
Neither the debts due from indisidua,s
Il g one nation to individuals Of the other, nor
shares, nor moneys which they have In th.
public fands. or in the public or private banks
hall. even in any event of war or national dit
erences, be sequesterld or confscated, 1t being
unjust and impolitic that debts and engage
nents contracted and made BY Individuals hav.
ing confidence In each other aud their respect
i've Governments should ever be destroyed or
impaired BY national authority on account Of
national differences and discontents."
In reference to this provision of the treaty Of
1894, Chancellor Kent says, In his Commenta.
taries:
AS a general rule, the obligations Of trea.
| tie, are dissipated by hostility, and they are
| ,xtingushCd and gone forever, unless revived
by a subsequent trsaiy. But II q treaty con-
tains any stipulations which contemplate fiji
,ure state OF war, aud make provisions for
such an exiscncy. they preserve their force
and obligation wnen the rupture takes place
All those duties, Of which the exercise is no,
ecessarily suspended by war, snbsist in theiI
full force.
The tenth article Of the treaty between the
United States and Great Britain, 10 1894, may
he mentioned as an instance of stipulation
made for war. 1t provides that debts du,
from the individuals of one nation 10 those o
the other and the shares or money which they
might have In the public funds. or in public o,
private bank, should never, in any event c
war, be scquestered or conf ,csted. There car
be no doubt that the obligation Of that srticl.
was not impaired by the war Of 1872, but re
manned throughout that war and continues &c
mis- day binding upon the two nations and
will continue SO until they mutually agree &c
rescind the article for it Is principle OF uni
versal jurisprudence. that u compact canno
be rescinded by one party only, II the othcl
party does not consent to resciud it, and docs
10 act to destroy IT,"
Aside however, from the idea Of sequestra
ton, the in, estments of the British In thi,
country would be so much injured by wa,
| with the United States, "a TO amount to very
nearly total loss. Insolvency sponges of
debts as effeclually as repudation.
Eaglishmen, whose means are invested iu
America, will resist war with lis Just as those
in the Northern States. having property and
debts at the South, deprecated the intestine
conflict which is now raging here. 1t is kind
Of influence, which is therefore to be taken in
to the account 10 reckoning the chances fol
the future. But thai it is no, controlling in
luence, all experience shows. National i'm
pulses are on overmatch for the wishes of In
dividuals whose numbers are comparativel,
Insignificant. No wars arc waged without en-
gulfng private fortunes, and yet wars are s,
common that it may almost be said that peac
Is the exception in the course Of human sf
fairs.