The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-05-07

;HIGAN, WEDNESDAY
cannot disregard them; ws cannot treat them -
evidence Of barbarisD OF even unnecessary se-
verify, without bringing Q reproach upon our f.
theirs - men and ChristianA and q stigma Ipou
their cause. begin With Georsis-
Georgia passed numerous acts o: cop6scation
during the revolutionary war. On the Let Of
March, 1883, BY . single act, she atsainted Of
treason one hundred and seventeen citizens OF
Savannah, and con6scated all their property, real
or personal, as well a. al the property, real or
personal, of oil persons who, since the 10Th Of
April, IT'S, had levied war or conspired against
the safety Of the State. (See Maubury L Craw-
ford's Digest Of the Laws of Georgia, from l7sS
to 1900, p. g.
On the 4th OF Nay, 1852, her Legislature, by
. similar act, banished from the State some three
hundred persons, and declared all their estates,
real aud personal, con6scated to the use of the
State.
The Supreme Court, in Higgenson e. Mein,
"A CrAneh, recognize the validity Of these con.
fscations. Indeed the 5th article of the treaty
Of peace recognizes them and all others, for il
expressly provides that al persons who have any
interest in cOn6scated lands, either by debts.
marriage, settlements, or otherwise, shall meet
with no lawful impediments in the prosecution Of
their just rights.
In April, 1916, South Carolina passed an act
called the sedition act, by which she outlaved
oil persons Who had taken service under the king,
declaring them guilty of capital offence, and
forfeiting their estates.
In February, 1882, she declared forfeited and
cen6scated to the use of the State all the prop
erty, real and personal, Of . list Of prescribed
persons, declaring her commissioners fully
seized and possessed" of all such property, and
authorizing them to sell and convey the same TO
purchasers.
The number of persons against whom this act
of sttainder and c0n6scstion was passed, was
about three hundred, and the amount OF proper.
ty must have been large.
In 1879, the Assembly of North Carolina
passed an act declaring
movable property within this State and all and every
right ttle and nteres, therein, Of which any person
was seized or possessed or TO which any person had IT,
tie the 9Th day Of July A. D. l776, Who said day
States and rhO sl Is absent from the same ich0 hath
at any time during the present. ,car attached himself to
has scitAdravn hnsef from thG or any ef The Cnited
States after the day aoresaid and still resides beyond <
hmits IF tie United States shall be, and hereby, de
cLred TO be conscated the Of this State
Assemly Of North Carolina, edition Of 1904, p. 244
This statute operated not only against dislOyal
persons at home or abroad. but against absentees
who had committed no offense and taken nc
part in the war. 1t proceeds upon the ground
that the citizen owes it to the State as . duty in
such crisis to stay at home and defend il.
In May, 1879, the Legislature Of Virgins
passed an act Of forfeiture Of all the real and
personal property of all British Subjects explain
ing the term British sNbjects to mean
..AI persons subjects of his Britannia Majesty who
the 10th Of April in the year l775 when hostitie
were commenced At Lexington between the United States
Of America and the other parts Of the British Empire
resident following their vocaions any part
the world other than the said United States and hav
not since either entered into public employment Of th
said States and joined the same and by overt act ad
hsred them and all such subjects inhabitants Of
Of the United States out Of said States th
same day. and have since by overt act adhered to th
enemies Of the said States and all inhabitants Of tn
said States who after the day and before the
mencement Of the act Of General Assembly, entities
An act declaring what shall be departed from
the said States and joined the subjects Of his Brtann
Majesty OF their own free will ~ &c
The Governor and Council were empowered Il
declare the forfeiture. and only one month wa
given to the owner to come forward and contes
their decision. (See Henning's Virginia Stat
utes at Large, p. 66.)
Maryland, in 1850, by Q sweeping act, provi
ded that
IAN property within this State debts only excepted
belonging to British subjects, shall be seized, and
hereby connscated to the use of this State.''
The act appointed commissioners to administe
the property.
In Smith rs Maryland (6 Cranch, 3O6) the su
prsme Court, per Marshall. Chief Justice, holt
that no act of the commissioners was neceesar
in order to give seizis Of the lands thus con6sca
ted to the purchaser under the State, and remas
that
"The law considers that all property belonging to
seized and oonfscated.'
Pennsylvania, by her act of the 9th of No
vember, l779, declared
That all and every the right, title interest, property
claim and demand Of the heirs, devses, grantees,
others claiming as propretaries ofPennsyvana, where
they either Of them stood seized which the
or any Of them stood or to which they or any
them were entitled, or which TO them were deemed
belong, the 4th day Of July in the year 1776 Of
or 10 the soil and land contained within the limits Of Ii
said late province, State Of Penns ylvania,
part thereof together with the royalties franchise
ordshps and all other the hereditaments and premis.
comprised mentioned and granted the same charts
cept hereinafter excepted shall they are her
by, vested in the Commonwealth of Pennsylvania Il
the and benefit Of the citizens thereof freed from
| uses, trusts, entails, }" &c.
In commenting upon this statute, the Supreu
Court. per Justice Marshall, say:
ssWhen the war Of our Revolution commenced, Il
Propretary went 70 Great Britain and was consequen
y to be considered British subject not an Anne
can citizen The right CON fscats has property TO lea
aun:oSched, in The Government of PsnnsMrania -
Kirk o. Smith, Wheato"'s Reports, p. 2al.
II 10 noticeable that, in the preamble of II
act, the Legislature put the con6scation upon IL
ground that the ''safety and happiness of Il
people is the fundamental law of society,"" ar
that "tbe good people Of that State demanded
a. some indemnity for the blood and treasu
they had expended in the war of liberty"
In October, l779, New York declared lor
list Of persons attainted and guilty of treaso
| and that
GAN and singular the estate, both real and persons
held or claimed by them the said persons sevsrally
respectively, whether IN possession, remainder or
version, within this State, shall be, and is hereby
eared to be forfeited TO and vested in the people OF Il
state ".3 Nss York, Gresseafs Edition, vo l, pace
4 subsequent clause applies the attainder a.
forfeiture to al persons who might be preser
ed under the act by . grand jury and four
guilty on trial, or who should not, after pub
cation Of notice, appear and traverse the indie
meut.
By her set Of 1854, (page l27 of same volume
al these confscations are expressly confrme
BY the name Of "con6scatione," and provisi'
made for the sale Of the property, and the app
cation VI the proceeds to the payment Of
public debt.
In l777, Massachusetts, passed an act treatil
the estates Of refugees who had left the State
join the British as the estates Of deeease person
and requiring the surplus Of personal propert
after the payment Of debts, 70 be deposited
the State treasury.
ITS she passed IN act of Punishment again