The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1861-11-01
From the Cincinnati Gazette,
The Right of Property and the Right
to Liberty.

There u . btTlklng cOntFtbt Oot"oou 'uo
delicaoy of the Government towards the
property of rebels, even oi those in arms
against the Government, and the vigor and
latitude Of its practice in seizng and i'm.
prisoning persons, on suspicion, and without
charge OF any overt act OF rebellion. IL nseu
20 DO supposed that personal liberty was
The most sacred thing, and the first to 5e
secured by constitutions aud institutions
But our Government is most ostentatiously
limiting it's military power in war to tho let
tar of the civil Law, 10 respect to holding the
property of rebels actually in arms to the
penalties of war, while it's practice in seziug
and holding as prisoners th"so whose re-
bellion consists entirely 10 words and pub.
locations, 10 entirely unrcstra'ned by any
civil law aud is as free and loose as the most
absolute martial Law could make il.
Our practice has reversed tho order Of
sauctity in human rights. The right OF por-
sonal liberty existed first Tho right Of
property is a mere conventional thing. IL
grew up as men began to appropriate tho
works Of creation to themselves. But our
Government seems to have sct up the right
of property as supremely sacred, lnViolab'o
and inaieuable, not to DO alieDated oven Ov
the owner taking up arms against tho Gov
ernmont while tho right TO personal liberty
has become subject to convenience, ana is
nlienated upon slight occasions.
IL is doubtful IL so singular a confusion
and reversal of ideas could have takon
place ia tho American mind, but FOR tho
sanctity which our party politics have
claimed aud allowed for the right OF property
in man. That inviolability which naturally
belongs to the person of tho man. has be.
como transferred to the right OF property IN
him. Il is not strange that in this country,
whore all our statesIna anship hiuges on u
party and sectional charge OF an intention
10 Interfere with this right of property, and
on party and sectional Genials. protestations
and defense against this accusation. the
American mind should come TO habituaily
regard this right o: property as tho most
sacred thing in our government, aud should
come to look upon liberty hs secondary
consideration, and ent tied TO little care.
As it 10 as a right of property that this
supremacy is set up, of course il extends in
some degree to all property, that is, oil
Southern property. Olher property docs
not excite in US the same degree of yonera.
tion J.; but in making laws and in issuing
proclsmations and general orders for tho
treatment of rebol property, no distinction
can consistently be drawn between different
species of property, therefore the chance
that the rebel own negro, protects his
whole property from the penalties of bis
erimo and from the ussges OF war.
The practice of tho GoVernment. how.
ever, in regard to the property OF rebels,
and of those who are under suspicion on ac
count Of residence 10 the South. has varied
widely in different parts of the country.
though governed in every case by tho same
instructive regard for tho sacredness ct
negro property. We wish to remark
parenthetically here. that we are not find.
ing fault with this feeling. 1t Is our in
stIuct, and il could not he otherwise under
the influence of our politics. We are negro
worshipers, although We may use tn, term
as q stigma The constant profession OF u
sacred regard for negro property could not
have resulted otherwise than in making THU
our only political and governmental creed
and our solo idea of human rights, We art
not finding fault with this. 1t WINS inevitable
and it 10. We are only stating the fact. an'
its influence on our Government and OF
the war.
The practice of tho Government in re
gard to property of the enemy has varied II
different longitudes, but that is now bciDj
corrected. Ia Missour; no hostile act of
rebel can forfeit his right to the protection
of Government for his property, unless h
puts it actually into the military service
Then it 10 supposed that the confscation NC
will reach it, although such property is I
lawful prize according to ;he laws an'
ussges of war without any conhscation act
and. in fact, so might the private propert
OF individuals in arms against their Govern
ment be. without any conhscation act o
any proclamation, if it were not for the su
BILE mantle Of protection which the possibilI
~ of the negro being an element in tb
property throws over it.
But 10 Now York and other Easter
ports. extensive seizures have been made q
ships owned in whpIo, or in part, by resident
nt tho South, without any proof or cbarg
that they were engaged in tho rebellion, o
that the property was 20 be used IN MD o
it. This was strictly according To a section
of tho Treasury Act passed July l3th
though IL is quito contrast to the immunit
officially proclaimed to the property o
rebels actually in arms in the West. Blu
the Secretary of the Treasury has no.
issued instructions to modify this practic
IN the East so us to restrict seizures I
"such property as is in transit, or provide
for transit to or from the insurrect ionar
States" (loose phraseology that-"insui
reotionary States T. "or is actually use
for tho promotion of the insurrection."
But the law says; ANY ship or vessel b,
longing in whole or in part to any citze
or inhabitant of State declared in q sta,
Of insurrection, found at sea. Or in any pal
Of tho rest Of tho Unitod States, shall
forfeited TO the Uuilod Statos." So tba
however loose the practice of sozuros Ina
have boon before, especially in tho way Z
bank stock railroad stock and dividend
and bank deposits. the Secretary has no
restricted it considerably within the act {
Congress. IL might be u question worth
of consideration how far the rules of wa
aside from tho civil law, would warrant oh
seizure Of property belonging TO citizens Of
hostiie country. It's our impression th,
the Secretary might find authority in th
standard works on international law, for q
least the seizure of the vessels.
But this modification, aud this nice r,
gard for the property of open and arme
enemies, increased the contrast, which "
mentioned at the beginning of this artici
between this and tho latitude of tho Go
erDnent In regard to personal liberty
shown 10 its arrest aud confinement
editors, legislators. conspiraiors and suspec
cd and actual traitors, without any warral
Of civil law, and solely by military Sutborit
We do not say that military authority
illegal or improper wherever IL is necessary