Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-09-20
yrea The hssphh Appeal
THE LAW or C0NBISOATI0N.


Whether the Act will discharge Confederate debtors
from suits brought by their Northern debtors after peace
Ia the courts of the United States, may be OF conse.
qusnce such Of merchants as may have occasion
10 visit the North. The British doctrine 10 against the
discharge The case OF Wolf va. Axholm, reported In
9 haule and Selwyn's Reports, was between British
creditor suing bis Danish debtor after peace upon
bond made before the war and which the debtor bad
paid into the Danish EIchsquer, In conformity with
law of the government of Denmark, enacted during the
war which confscatsd all debu owing by Denmark to
British subjects and which required the Danish debtors,
under heavy penalties to disclose and pay the money
into the treasury of that country. The decision of the
British was that the Danish law Of ccnscstion
contrary to the usuages and laws Of nations, and
consequently void, constituting no defence to an
action for the debt in the British courts The correct
ness o. this decision Ia questioned by Mr.. Henry
Wheaton, the highest authority upon such points,
10 his Treatise International Law. Il seems TO be
10 conflict with the opinion Of Judge Marshall Of the su
prems Court Of the United States declared in the Gaze
Of Brown o. United States, reported in CraDch's
Reports, that the cortscaton, during war, OF enemys
debis contracted before the war, ia belhge'ent
right and according the usage and the Law Of nations
though dsused in modern times But the cases above
mentioned arose upon laws sud rights sting between
two independent, recognised aud established govern
ments The cass of Folliott %. Ogden, reported In
Term Reports comes quite the presentcase. During
the American Revolution, the State Of New York enact
ed law copf,catpg debts owing to subjects Of Great
Britain Ozden citizen OF New York, owed debt TO
Foott a refugee from New York and British subject.
After peace established and the independence OF the
United States recognized Great Britain Foiott sued
Ogden In the British Il was held that the con-
caion act did not discharge Ogden and that he vas
liable for the debt The Of rsvoted province,
enactng before the recognition Of its independence BY
the parent country, law of con6scation against the
cz ms Of that country The parent country holds such
lay enacted at such time void Upon this state Of the
IL ha mad at he
United Saes will be likely treat as void our conscs-
ton act and unless restrained by especial stipulation
in the treaty Of peace will probably hold liable upon
their debts tuch OF debtor citizens IS may after the
termination Of the place their persons or properly
within The jurisdiction OF those courts.
it's not very clear what precise character Of Losses
the Confederate act designs compensate out OF the
confiscsed fund.- Its general frame and scope, as We
have before stated seem to be tltiasOy in the nature
of reprsal for seizures and scaous which may be
made under the ensnys act Toe properties witch 1t
declares corscated such IS are employed or used
BY the owners allowed by the owners to be employed
or used in siding sbettng promoting the war against
the United States Our provides that the fund CD.
aimed under its provisions shall be held for the rdem'
pity Of such persona czsns or friends OF the Confede-
rate Safes as "shs suffer any loss or rury under the
&C. Of the Uned States to which this is Ieiaatory, or
under any future act Of the United States or under any
act of any State OF the United States Authorizing the
ezure cond mnaon or col6scston Of the property OF
citizens or resdsns of the Confederate Sate or other
persons aiding the Confederate States" claimant
h.n under would be required to prove that the
property los by him was seized and conscated under
the provisions Of the enemys act Properties seized or
destroyed BY the enemy other than such ~ may be
seized and coufcated under the provisions OF their act
would not appear to be entitled TO compensation out,of
our confscated fund. 1t would SEEM therefore, that
the page BY the enemys armies or soldiers In their
progress through our country Of houses aud stores and
stables and fields not embraced within the bsneht oil
our aci-norof andse belonging 10 our citsI ems,
which may be seized by the enemy. Such trade Is not
merely unlawfu against the enemy, bet is violation
Of our law. All commercial deslirg With an enemy,
without governmental lice1se, Is Illegal and void.
Another point 10 the act may be interesting TO notice
purpose appears be the sequesraon OF all property
and debts belonging enemy citizens TO place sl such
prop rites and debts subj to any future call that may
become necessary to collect ct once a. they accrue,
all rents hires dividends stocks and interest upon
debts leave the body Of the properties and the pria
opal Of the debts in the bands Of the present holders and
debtors long they SAFE aud to apply tho fund
derived from rents dividends etc. to p:nsating losses
suffered by citizens under the enem7 act Agents,
attorneys and former partners are required under heavy
penses to disclose and account for properties In their
hands, and far practicable to deliver them over 10
the receivers Debtors required to give information
Of their debts but no penalty Is prescribed in case OF
failure to do Interest which has accrued on debts
since May 2s IL to be paid to the receivers by debtors
10 those States which joined the Confsderacy before
thu, day. and by debtors in other States from the day
their State joined the Confederacy