Worcester daily spy., 1861-12-10

Legislative act expressly authorizing its contis
cation. The court held that the law OF con
gress declaring war was not such an act That
declaration did not, by its own operation, so
uest the properly Of the enemy in the govern
ment as to support judicial proceedings for its
seizure and cOn6scation, 1t vested only
right TO coniscate, the assertion of which de-
pended on the will OF the sovereign power"
In regard to the transfer of private rights of
property, Wheaton holds this further Ian.
guage 1t is competent for the national au.
thurity to work transmutation, total or par
tal, of the property belonging TO the vanqush-
ed party and if actually contiscaed, the fact
must be taken for right. But TO work such
transfer OF proprietary rights, some positive
and unequivocal act of ConfscatlOn is essen
tial." Most of the nations OF Europe acquired
title to territory they possess by conquests,
and private persons have derived their titles
from that of the government thus obtained.
According TO the modern usage of nations, pri-
vate property of alien enemies on land has not
generally been forfeited; but the right Of tor
teiture is unquestionable and may be eXercS,
ed, if necessary, to secure the Just ends OF the
war, or in retaliation for forleitures by the en-
emy. The rebels, wherever they have the
power, have seized and cOntisCaed the proper
ty Of loyal men, and this, according even to
modern usage, as between independent nations,
would give to the United States the right to
contsCate in turn. Much more would they
possess that right as against rebels who have
causelessly taken up arms against the govern
ment.
THE EMANCIPATION OF SLAVES.
The right TO free the SiQUes Of rebels 1could be
equally clear Uih that 10 coqtiScate their property
generally, for it is as property that 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,
the right TO restore to them the God gvea lib
erty Of which they have been unjustly de-
prlved, is doubly clear. 1t only remains to
inquire whether, in making use OF lawful
means to crush this wicked rebellion, it is pol.
icy to contiscate the property of rebels, and
take from Them the support OF uurt Quilted la
bor Can there be a question on tins point?
Who does not know thar treason has gained
strength by the leniency with which it has
been treated We have dallied with it quite
too long already. Instead of being looked
upon az the worst of crimes, as it really is it
has come to be regarded as a trivial otfense to
be atoned for by promise TO do so no more.
The desP0ilers Of loyal citizens, the cons piri-
tors against the peace of nation, ,;the plumber
ers OF public property, the assassns OF liberty,
when they have fallen into our hands, have
been suffered to escape on taking the oath OF
allegiance, which many have not scrupIed to
violate the first opportunity Thousands OF
industrious and e0erprising men have been
ruined by this rebellion. More Than twenty
millions of men now contributing of their
means and their blood to its suppression
more than half million of nieu-as noble
spirits as ever trOd The earth in martial array
now enCamped in tents, and undergoing all
the hardships Of winter campaign; thousands
of others, now confined in prisons, and some
in Dungeons, by the rebels The blood of tie
disnherited the noble-hearted the dauntless
and heroic Lyon of the gifted, the eloquent
the brave and patriotic Baker and of the
hundreds Of other loyal citizens and true men,
shed by rebel hands, still upiited or the slaugb-
ter Of thousands more, AMI the destruction of
free government; these, and thousand other
considerations, all demand that the authors of
these calamties, and others yet to follow, if
they have the power to iniict them, should be
made 10 suffer, both in their persons and their
property, for the enormous crimes they have
been and are committing against private rights
and public liberty Bt sides, sir, not to con-
tiScate The propeJy Of rebels is to offer a pre-.
MUM 10 d,Sogaiiy, long as they, wher-
ever III power, c0EfsCate the property of
loyal citizens Under such a policy the reb
els property is safe, let who will triumph
while the man true to his allegiance, his uoun.
try, and his tlag, is, if within their power, des-
poed OF all he possessed. Under such pol
icy, the path of safety Tor properly is TO place
it Oh the road to treason. Is it any wonder
that under such policy treason, which at first
had but a partial io0thold III such states as
Missouri, Kentucky, Tennessee, North Caro-
lima and Virginia. has spread till ia some of
them it now has complete possession? The
lOyat citizen in all the states where the rebels
have sway know that the penalty for an avow-
al of his allegiance to his country is the for.
,,Fu al lu Inns b,,
allegiance his property is alike protected by
friend and foe.
THE GRAND RESULT.
II we would bring this war to a successful
issue II is high time it ,caS made as terrible to the
enemies to the friends Of the republic, Mercy
and security to c0nsprators and rebels in arms
against the government are cruelty aud peril
to loyal citizens struggling for the preserva
ton of the Union and maintenance of consti.
tuliOnal liberty, they who deny their aegi-
ance to the government have no right to claim
its protection Let the government cease to
afford it; deal with them and their property
as their crimes deserve; prosecute the war with
yigOr, and it viii soon be brought to success
fuI issue. 1t cannot be that twenty millions Of
people, armed in defence of constitutional lib.
erty, are to be overcome by less thar one.
fourth their number fighting for the overthrow
OF free government, the establishment of an
dIlstoCIdCy, duu tne ptTpetudlOH anu SpTeau
Of human slavery. But while fighting this
battle in behalf OF constitutional liberty
ii behooves us especially to see to it
that the constitution receives no deri-
ment at our hands We will have gained but
little in suppressing the insurrection if it be
at the expense Of tile constitution, for the
chains which the bondman wears are none the
lighter because they were pressed by his own
and not another's hands. AS we expect to
come out of this contest with our flag full and
complete in all its proportions, not a stripe
erased or a star ObScured, so let us preserve
the constitution, perfect in all its parts, with
all its guarantees for the protection OF lite and
liberty unimpaired, and the instrument itself
rendered douby dear from the fact that it has
been sacredly maintained and proven equal 10
every emergency, under circums tancts the
most trying to which a nation ever sub
ieCted. Then, when this struggle is over we
will have an assurance that our government is
stronger than ever before and that cunstitu.
tional liberty is established on foundation
which no human power will ever be able to
subvert
TT E n r Y C. L ! S H