, 1861-12-09

ne the Iufl9dicti0n Of eac03 Go1AuA6 LIZ |
districts Of the United States under insurrec~
ionary control to the military power, ana 1ts
and forfeiture in other portions
i the United States to the 5udielEl power.
Whichever first takes hold OF the property
githin it's jurisdiction would, upon principles
f comfy, retain possession till its final dlspo-
ition, upon the same principle that Of two |
ourts Of concurrent Jurisdiction, the one
vhtch first gets possession Of q case affecting
asf Pdtaoqa %n Its na{ dsposon spss 10
1pon the principle also that persons captured
y tie military authorities In insurrcctionary
districts, may still be retained as prisoners by
he military power, without Interference WITH
If, notwithstanding they may be for purposes
If safety, or other reasons Of State, brought
within districts where the Judicial power Is in
iiull operation.
RIGHT OF CoSFIsCAT1oS.
Having shown that the military called forth |
under the Constitution to suppress an insur |
cessary to the end, consistent with the usages |
Of civilized warfare, It follows that If hostile
armies may ever contscate an enemy's proper |
~, the rights Of the United States to do 1t in
the case Of the rebels is unquestionable. for
surely no war was ever more atrocious than
the one now being waged BY the rebels for the
overthrow Of this Government. They surely
cannot complain Of treatment VIC would have
a right to extend to foreign armies. The right
Of seizure and conlscation Of the property Of
the enemy as prize Of warts settled question
Of international Law, which has been affirmed by
our OWL Supreme Court. In the case Of Brown
vs. the United States, reported in the eighth
Cranch, the court says" Respecting the
power of Government, no doubt is entertain
ed. That war gives to the sovereign full right
to take the persons and contiscate the proper
t. Of the enemy wherever found, is conceded.
The mitigations OF this rigid rule, which the
humane and wise policy Of modern times 1las
introduced to practice, VIII more or less affect
the exercise Of this right, but cannot impair
the right itself. That remains undiminished,
and when the sovereign authority shall
choose to bring it into operation, the
judicial department must give effect to its will.
But until that will shall be expressed, no
power Of condemnation shall exist in the
Court" That case also deeidess Sthat the
the legislature Wheaton, in commenting
on the case, says: 'sThe property cannot be
seized and condemned as prize Of war, without
some Legislative act expressly authorizing its
confiEcation. The Court held that the law Of
Congress declaring war was not such an act.
That declaration did not, By its own opera-
ton, SO vest the property Of the enemy in the
Government as to support Judicial proceed
ings for its seizure and couiiscatlon It vested
only right to contiscate: the assertion Of
which depended On the will Of the sovereign
power" In regard to the transfer Of private
rights Of property. Wheaton holds this fur
ther language 80 1t is competent for the na-
tional authority to work transmutation,
total or partial, Of the property belonging to
the yanquishcd party, and if actually cont1s-
Gated, the fret must be taken for right. But
| to work such 4 transfer Of proprietary rights,
| some positive and unequiyocal act of contis
| cation is essential Most Of the nations Of
t Europe acquired title to territory they possess
by conqncsrs, and private persons have de-
| rived their titles from that Of the government
t thus obtained According to the modern
usage Of nations, private property Of
! alien enemies On land has not generally
been forfeited; hut the right Of forfeiture is
unqucstionab1e, and may he exercised, if ne
cessary, to secure the just ends Of the war, or
in retaliation for forfeiture by the enemy.
| The rebels, wherever they have the power,
| have svKcd and coniscatcd the property Of
| loyal men, and this, according even to mod
! ern nsage, as between independent nations,
| would give the United States the right to con-
| fiscate in turn. Much more would they pos
sess that right lis against rebels who have
canselessly taken up arms against the Govern
| nlcnt.
CoNFlsC4T1oS OF SLAVES.
The right to free the slaves OF rebels would
be equally clear with that to confscate their
property generally, for it is as propcrtythat
they profess TO hold them; but as one Of the
most efficient means for attaining the end for
which the armies Of the Union have been
called forth, tic right to restore to them the
God-giyell liberty Of which they have been
unjustly deprived is doub1y clear It only
remains to inquire whether, in making use 81
lawful means TO crush this wicked rebellion, it
is policy to contiscatc the property Of rebels,
and take from them the support Of unTequited
lAbor. C;n there be q question Oh this point
Who does not know that treason has not gain
cd strength ly the lcniency with which it has
been treated We have dallied witIit quite toe
long already. Instead Of being looked upon III
the worst Of crimes, as it really is, it has conf
to he regarded us trivial offence, to be atonc6
for by Il promise to do SO no more. The de
spoilers Of loyal citizens, tile conspirator:
against the peace Of Il nation, the plundercr
| Ut the public property, the assaSsins Of Hber
~, when they have fallen into our h,nds, hay'
been suffered to escape OIL taking IN oath O
allegiance, which many lave not scrupled Il
violate the first opportunity. Thousands o
industrious and cnterprising men have bccl
!; | ruined by this rebellion. More tllan twcnt
millions OF men, now contributing OF thci
/ more than half n million OF ,ncn-:,s nobl
spirits as ever trod the earth III martial array
| now encamped in tcntF, and undergoing q
j the hardships of Il wintcr ..ampafgn; thous md
. Of others, now confined i'll prisons, and soN
: il, dungeons, by the rebcls; the blood Of th
-. | and heroic Lyon; of the gifted, the eloquent
the brave aud patriotic Baker; and Of the hur
: <ircds Of other loyal citizens and true mel
5 shed by rebel hands, still uplifted for tt
n slaughter Of thousands more, and the dcstru
! tiun Ut free government; these, and tho1
j. sand other Considerations, all demand til
Il the authors OF these calamities, and othe
/ yet to follow, if they have the power to i
c tlict them, should be made to suffer, bo1
j. III their persons and their property, for the G
5 ormous crimes they have been and arc COMM
c ting against private rights and public ibert
i Besides, sir, not to contiscate the property
rebels is to offer premium to disloylltv,
long as they, wherever in power, contisca
the property Of loyal citizens. Under such
Il policy the rebels property is safe, let ri
J will triumph, while the man true to his all
! glance, lis country, and lis flag, is, If with
T their power, despoilcd Of ali be possesses.
- ITS Hrs1AS1TT AND NECESSITY.
l. Under such a policy, the path Of safety f
IS property is to place it on the road to treaso
O. Is it any wonder that under such policy tire
C. III sucl States us Missouri, Kentucky, Tcnnl
:, see, North Carolina and Virginia, has sprc:
s. till in some Of them it now has complete po
h session? The loyal citizen in all the Stat
a where the rebels hare sway knows that Il
lg penalty for an avowal Of his a1lcg5an
to he has, willie if he forswears lis MI
s, | glance his property is alike protect
til BY friend and foe. IF We would bring I'll
m war to successful issue, it is high time it "
EG uliuE s15 ltI1lDt ~ LIZ rs u l
N friends Of the Republic. Merry and sccuri
us to conspirntors and rebels in arms against
e. Government are cruelty and peril to loyal ci
b. zens struggling for tile preservation Of t
ss Union and maintenance Of constitutional L
he crty. They WHO deny their allegiance to
:" Government hlye no right to claim its prot
dc ton. Let the Government cease to affu
he it; deal with them and their property as tn
to crimes deserve; prosecute the war with Wig
tic and it will soon be brought to success
ms issue. It cannot be that twenty millions
VS. people. armed III defence of constitution
~ liberty, arc to be overcome By less than ol
fourth their number fighting for the overthr
Of free government, thc establishment Of
=, aristocracsy, and the Perpctuation and sprt
lce battle in behalf OF constitutional liberty
oM behoovcs us especially to see to it that
no Constitution receives no dctrimcnt Mt I
IL hands. We will have gained but little in s.
20. pressing the insurrection, if it be at tile
Of pcn5c Of the Constitution, for the chains vii
DC the bpndnan wears are none the He
M CT because they were pressed by
1se own and not another's hands. AS
.ea expect to come out Of this contest II
to our t1ag full and complete in all its proI
teo tions, not stripe erased or star obscured
ato let us preserve the Constitution, perfect in
en- its parts, with all its guarantees for the pro
re- tion Of life and liberty unimpaired, and the
:es- | strumcnt itself rendered dollbfy dear from
ee- | fact that it has been sacrrd1y maintained
,es- I proven equal to every emergency, under
or t cuustances the most trying to which q nat
lf} | was ever subjected. Then, when this strug
the is over, VIC will have IN assurance that
'cr, government is stronger than ever before,