New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-06

aid In Expressing the rebellion In each case the
power called to the aid Of the other, whether it
be me military in time OF peace to the assist-
ance Of the judicial or the judicial In times OF re-
bellion to the assistance Of the military would be
subordinate TO the power making theca In accord
ance with these principles, il has been my object in
framing the bill under consideration TO distinguish
between the property on which the military may
operate and that subject TO judicial control, and
clearly to define the jurisdiction Of each, eontpng
the sezure and forfeiture OF property situated IN
districts of the United States under nsurrectlonary
control TO the military power ana us Gonaenasion
and forfeiture in other portions of the United states
TO the judicial power. Whichever first takes hold OF
the property within it's Jurisdiction would, upon
principles of comfy, retain possession I'LL its unal
disposition, upon he same principle that Of two
Courts of concurrent jurisdiction, the one which hrst
gets possession of case affecting either persons or
property, is entitled to retain Jurisdiction until Its
final disposition. 1t is upon this principle also that
persons captured by the military authorities in To-
srrecionary districts may still be retained as pris
oners by the military power, without interference
with the Couts till their CAGES are finally disposed
OF, notwi.hst landing they may be for purposes Of
;v. or other reasons OF State brought within dis
tricts where the judicial power is in full operation.
Having shown that the military called forth
under the Constitution 20 suppress an Instruction
may be vested with all the power necessary TO the
end consistent with the usages Of civilized WARFARE
il follows that if hostile armies may ever contscate
an enemys property the rights OF The United States
10 do il in the case of the Rebels Il unqu'sionaoie
for surely no war was ever more atroclous tnan 'o
one now being wsged by the Rebels tor inc over
throw of this Government. They surely cannot
complsin of treatment we would have rgnt 70 eX-
tend 10 foreign armies. The right OF seizure ana
coniscaion OF the lerty Of the enemy as piZe OF
war is settled question OF international raw, "hiGn
has been affirmed by our own supreme court. iu
The case of Brown agt the United States reported IN
the eighth Cranch, the Court says: Respecting
tie power of Government, no doubt Is entertained
That war gives to the sovereign full night 10 TAKE
the persons and confscate the property Of the enemy
wherever found, is conceded The mtlgalons OF thls
rigid rule, which the humane ana wise ponoy oi
modern times has introduced TO practice, VIII more or
lees affect the exercise Of this right, but cannot I'M
pair the right itself. That remains undiralnished,
and when the sovereign authority man CHOOSE 10
bring il into operation, the Judicial department must
give effect to its will. But until that VIII snail be
EXPRESSED, no power OF condemnation can exist IN
the Court" That case also decides that the power
of coniscating enernys property Is in the Ieesia-
ture~ Wheaton, in commenting on the case, says:
" The property cannot 10 seized and condemned as
prize Of war without some legislative act expressly
authorizing Is confsCaton. The Court held that tie
law OF Cor ress declaring war was not such an scf
That declaration DID not, by lts own OPERATION so
vest the property Of the enemy in the Government 0s
10 support judicial proceedings forts seizure aud con-
seation Ii veted only right to eontscate, the as
serion of which depended on the will OF the sovereign
roverp In regard 10 the transfer Of private nights
ri rronertv Wheaton holds, this further language:
81 ia competent for the National authority to work
tran.u,utstion total or partial, Of the property be-
longing 10 the vapQuised party, ard II actually con-
facated the fact must be taken ior night. but 70
work such a transfer OF proprietary rights, come
po.iye and ule luyOcai act oi conscatloA Is esse1-
tisl" Most Of tie nations Of Europe acquired TIVE
10 territory they possess BY conquests, and private
persons have derived their titles from that OF the
Goyernment thus obtained. According to The modern
usage Of nations, private property oi omen eleles
on land has mol generally been forfeied BIZ. the
right Of forfeiture Is unquetionabie and may be ex-
ercsed If necessary, to secure the just ends OF the
war; or 10 retaliation for forietures by tie enemy
The Rebels, wherever they have the power, have
seized and couhscaed the property OF loyal men, and
this according even TO modern usage, as between
independent nations, would give to the United
States the right TO coDhscaie In turn.
Much more would they pOssess that night
ns against rebels who have canselessly taken up
AIMS against the Government. The night 70 zee
the slaves Of rebels would be equally clear with that
o. confscate their property generally, for 1t is as
property that they profess TO hold them but as one
of tie uost efficient for attaining tue end to
which the armies Of the Union have been called
forth the right 10 restore 10 them the Godgiyen lib
erty Of which they have been unjastly deprived Is
doably clear Ii only remains 10 inquire whether,
in making Use of lawful means TO crush this
wicked rebellion, it is policy TO confscate the prop.
erty of rebels, and take from them the support Of
unfequited labor. Can there be question ON tins
pointl VITO does not know that treason ha'
eoined strength by the leniency with which
K aas been treated We have dalhed with
il quite too long already Insteed OF being looked
upon as tho worst of crimes, as II really Ii, has
come TO lie regarded trivial oilense. 10 DO atoned
/ for by promise to DO so no more. The despoilers
Of oyaI citizens the consrators against the peace
of a nation the Tlunderors OF the public property,
the assasains OF liberty, when they have fallen into
orr hands have been suffered to escape taking an
oath OF allegiance which many have not scrupled to
Violate the tIst opportunity. luousands OF indus'
uiOus and enerprsing men have been ruined by TINS
rebellion More than twenty nj lions of people, now
cont ributing Of their means and their blood TO Its
! suppressioD mors than half million OF men--as
noble spits rs ever trod the earth IN martial array
now encamped ia tents, and undergoing sll the hard
clips Of Winter campaign thousands OF others, now
confined IN prisons, and some IN dungeons, by the
Rebels; The blood OF the dsinterested, the noble-
hearted, the dauntless, and heroic Lyon; of the
gifted the eloquent, the brave and patriotic Baker,
and Of tie hundreds Of other loyal citizens and true
men, shed by Rebel hands, still uphfIed for the
slaughter Of thousapds more and the destruction Of
fee government thI Sc, and thousand Diner c01-
alterations ali demand that TIE authors of these ca
mites. aud others yet 10 follow 1T they have the
power to inhiet them, should he made TO
suffer- both in their persons and their property, for
tie enormous crimes they have been and are COM
mtt;pg agaiLst private rights and public liberty.
Besides Sir not 10 coDscatc the properly Of rebels
is 10 offer premium TO disloyaty, 50 long as they,
wherever IN power, coniseate The property OF loyal
q zens. Under such policy the rebels property is
safe, LEI who will triumph, while the man true to
BIZ allegiance bis country, and lis flag, is, II within
their power, dsspoiled OF all he possesses. Under
such policy, TIE path OF safety Tor property is TO
place il on the ROAD to treason. Is it any wonder
that under such policy treason, which at trst had
bat a partial ;oOthod IN such States as Missouri,
Kentucky Tennessee, North Carolina, and Virginia,
has spread till III come OF them it now has COM ote
poSse sion Tie loyal citizen 10 all the States where
III. rrhnln haze sMnY knoa Tint the nennlly for an