The national Republican., 1861-12-06

as that of two courts Of concurrent jurisdic-
tion: the one which first gets possession Of a
case, affecting either persons or property. Is
entitled 10 retain jurisdiction until Its final dis
position. 1t is upon this principle, also, that
persons captured by the military authorities iu
ectionary districts may still be retained
as prisoners by the military power, without To-
reference with the courts till their cases are
finally disposed Of, Notwithstanding they may
for purposes Of safety or other reasons of
state, be brought within districts where the
judicial power is 10 full operation. Having
sh wn that the military, called forth under the
Constitution to suppress an insurrection, may
be vested with all the power necessary to the
end, consistent with the usages of civilized var
fare 1t follows, that IL hostile armies may ever
couascate an enemy's property. the right of
the United States to do II In the case Of the
rrbsls is uuquestionable, for surely no war was
ever more atrocious than the one now being
wnged by the rebels for the overthrow of this
Government
They surely cannot complain Of treatment
we would have right TO extend 10 foreign nr
mics. The right of seizure aud contscatinn of
tn property Of the enemy as prize Of war is q
settl d question of international law, which
has been affirmed by our own Supreme Court.
II the case Of Brown Us. The United States, re-
ported in Crancb, the Court says: IRE
specting the power of Government, no doubt
/. entertained. That war gives to the sovsr-
cigu full right to take the persons and contis-
cate the property Of the enemy wherever
tund, is conceded The mitigations of this
rigid rule, which humane and wise policy of
modern times has introduced to practice, will
more or less affect the exercise of this right,
but cannot impair the right itself. That re-
mains undiminished, and when the sovereign
authority shall choose to bring 1t into opera,
tvn the judicial department must give effect to
its will But until that will shall be expressed
no power OF condemnation eau exist in the
court" That case also decides " that the
power Of coniiscsting enemy property is in the
legislature" Wheaton, in commenting on tn.
case, says The property be seized and con-
demned IA prize OF war without some legisla-
tive act expressly authorizing its confscation.
The Court held that the law Of Congress de-
claring war was not such an act. That decla-
ration did not, by Its own operation, SO vest the
property Of the enemy In the Government, ne
to support judicial proceedings for It's seizure
and confscation. 1t vested only right to con.
tscate, 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 further Ian
guage: at is competent for the national au
thority to work transmutation, total or par
'ial, Of the property belonging to the van
quished party. and If actually confscated
the fact must be taken for right But to work
such transfer of proprietary rights, some posi-
tive and unequivocal act Of confiscatiOn is es
sential. 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
private property of alien enemies on land has
not generallysbeen forfeited, but the right of
forfeiture is unquestionable, and may be exer.
cised, If necessary, to secure the just ends of
the war, or in retaliation for forfeitures by the
enemy. The rebels, wherever they have the
power, have seized and con6scated 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
cOnfscate in turn. Much more would they
possess that right as against rebels. who have
causelessly taken up arms against the Govern
ment.
The right to free the slaves of rebels would
be equally clear with that to confscate their
property generally; for it is as property that
they profess to Id 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 given
liberty of which they have been unjustly de-
plNCu, lc Cledl. IL Ouly Ecmdlub 10
enquire whether, in making use of lawful means
to crush this wicked rebellion, 1t Is policy to
confscate the property of rebels, and take from
Ihem the support of unrequited labor. Can
there be question on this point? Who does
not know tnat treason has gained strength by
the lenieucy with which it has been treated?
We have dallied with it quite too long already
Instead of being looked upon as the wors. Of
crimes, as 1t really is, 1t has come TO be re-
garded as trivial offence, to be atoned for by
promise to do so no more. The despoilers OF
loyal citizens, the conspirators against the
peace OF nation, the plunderers of the public
property, the assassins of liberty, when they
have fallen into our hands, have been suffered
to escape on taking an oath of allegiance, which
many have not scrupled TO violate at the first
opportunity. Thousands of industrious and
enterprising business men have been ruined by
this rebellion. More than twenty millions OF
people now contributing OF their means and
their blood to its suppression; more than 500, 900
men, as noble spirits US ever trod the earth 10
martial array. now encamped in tents, and un-
dergoing all the hardships of winter cam paign;
thousands of others now confined In prisons and
some in dungeons by the rebels the blood Cf
the disinterested, the noble-hearted, the daunt-
less and heroic Lyon; of the gifted, the elo-
quent, the brave and patriotic Baker and Of
the hundreds Of other loyal citizens and true
men, shed by +, bel hands, still upifted for the
slaughter OF thousands more, and the destruc-
ton of free government. These and q thousand
other considerations all demand that the authors
Of the calamites, and others yet to follow II they
have the power to iuaict them, should be made
to suffer both in their persons and their proper
ty for the enormous crimes they have been and
are committing against private rights and pub
lie liberty.
Besides sir, not to conascate the property OF
rebels, is to offer premium to disloyalty, so
long as they, wherever in power, confiscate
the property of loyal citizens. Under such a
policy, the rebels property is safe, let who will
triumph, while the man true to his allegiance,
his country, and bis flag, is, if within their
power despoiled of all he possesses. Under
such policy, the path OF safety for property
is to place it on the road TO treason. Is 1t any
wonder that, under such a policy, treason,
which, at first, had but partial foot hold 10
such States as Mis- souri,, Kentucky, Tennessee,
North Carolina, aud Virginia, has spread ill.,
in come OF them, it now has complete posses
sOu.