Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1861-12-13

] MR.. lRUMBuLL on CONFGsCATToN.-- Sen
ator Trumbll, in explaining his con6seation
bill the chief provisions Of which have all
ready been given, thus remarks upon the
/ legal aspect Of the questions
"IIayiug shown that the military called forth under
the Constitution o suppress insurrccton may be vest
cd with a thc powers necessary the end consstcu,
with the usagcs OF civilized warfare, it follows that u
me rights ot uc United states to do 1t DO case OF Che
rebels is uuques onabl, Tor surely no more
atrocons than the one now being waged by the rebels
/ Tor the overthrow OF This Government They surely
cannot complain OF treatment would have right o.
extend 20 foreign armies The right Of seizure and COM
h'cann OF the property of the enemy prize o war is
settled question or internal law which has been affirm.
ed by our own Supreme Court. In the of Brown
against the United states reported n the eighth Crancb
the Court says Respecting the power of Government,
no doubt is entertained That gives the sovereign
u right TO take the person. and conhscae the property
Of the enemy wherever found is conceded. The mtga
ton OF this rigid rule which The 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 night ITSELF That remains undiminshed and when
the sovereign authority shall choose bring IL into opo-
alton, the Judicial department give effect will.
But until that will shall be expressed power Of con-
dernnetion can cxf.t ion tho Court That c,sa also de
cdes that the power OF oondscaung the enemys pro-
pcrty is 10 the Legislature Most ~ the nations Of
Europe acquired title 20 territory they possess by
quests and private persons have rived their titles from
that ~ the government thus obtained. According
the mo Tern " nations pryae property of alien
enemies On and hls not generally been forfeited but che
right of forfeiture IS uuquest0ua1e and may be
cised necessary 10 secure the just ends Of the
10 retaliation for flrfeures by the enemy The reb
es wherever thcy have this power, have seized aud
eonhscatcd the property Of loyal men, and this,
according even 10 modern usage, as between indie
pendent nations would give the United States the
right 10 confscate in turn. Much more would they pos,
sess ihat rght as asain. rebels who have esuseessy
taken up arms against the Government
Mr.. Trumbull concluded his speech with
the following admirable remarks
" II we would bring this 60 successful issue, II
is high time was made as terrible 20 the enemies as 20
the friends u the Republic Mercy aud security to
sprfors and robe in arms against the government are
cruelty and peril 90 loyal citizens struggling for the pres
ervatiou VI Che Union and maintenance OF constitution
al liberty They who deny their allegiance the gov
eminent have no RICH, % claim lis protection Let the
government cease 70 af1rdit deal with them and their
property as their crimes deserve prosecute the war
with ygor, and t will be brought successful is
sue IL cannot be that twenty millions Of people, armed
u defense Of constitutional liberty, be by
less than one fourth their number sighting for the
throw 81 nee government the establishment OF an Aris
tlcracy and the preparation and spread OF human say
cry. But while fighting this battle In behalf Of constu
u1ual hocr It behooves as especially 70 see 10 1t that
The Constitution receives detriment at hands
We will have gained but little in suppressng the nsur
rcction il il be the expense OF the Constitution for
the chaus hch the bondmAn the lighter
because they pressed by his and anothers
hands A. we expect to come out Of this contest with
flag full and complete ia all its proportions,
stripe erased star obscured let preserve the
Constitution, perfect in all is parts with all its guaran-
ties for the protection Of lie and liberty uumpAired and
the instrument itself rendered douby dear from the fact
that has been sacredy main aimed and proven equal
every emergency under circumstances the most trying
which nation was ever subjected. Then, when this
Struggle is over. will have that gov
eminent Is stronger than before and that Coustu-
tona Liberty is established on a foundation which no
human power will ever be able % subvert'
~ Senator Trumbull in his speech on
the confscation Of the slaves Of rebels, states
the case as follows:
" Without any special ao, Of Congress, presume that
no one questions that our military commanders, in
The Prosecution % the in insurrectiouary dis
firts may for the time being seize aud make use Of
the properly Of the rebels aud their slaves but
the restoration u peace the rights Of the owners
would revive Hence II we would have uniformity of
action among the commanders OF armies and forfeit
forever the prolery OF rebels and their claims 70 the
vice Of their ienw-neu. be done by Of Con-