Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1862-01-03
VOL. XLIII.
SENATOR THUM3ULL on coNx1s.
CATION

The right OF seizure and con6scation of Il
property Of the enemy as prize of war is
settled question Of international law, vhic
has been affirmed by our own Supreme Colr
In the case of Brown Ggi. The Unite
States, reported in the eighth Craneh, Ii
Court says Respecting the power OF 20,
ernment, no doubt is entertained. That wa
gives to the sovereign full right to take tn
persons and confscate the property Of tli
enemy wherever found, is conceded. tn
mitigations Of this rigid rule, which the hU
name and wise policy Of modern times has il
trodueed to practice, will more or less afFcc
the exercise OF this right, but cannot impai
the right ITSELF That remains undiminished
and when the sovereign authority sail choos
to bring it into operation, the judical depart
inent must give effect TO its will.-But unit
that will shall be expressed, no power Of con
demnation can exist in the court" Tha
case also decides ''that the power of conisca
ting enemys property is in the legislature"
| Wheaton, in commenting On the case, says
The property cannot be seized and condemn
ed as prize Of war, without some Legislative
act expressly authorizing its confscation
! The Court held that the law of Congress de
claring war was not such an act. That decia
ration did Lot, by its own operation, so ves
the property of the enemy in the government
US to support judicial proceedings for its seiz
ure and eon6seatiOn. 1t vested only right
to con6scate, the assertion of which depended
on the will OF the sovereign power" In re
gard TO the transfer Of private rights of prop
erty Wheaton holds this further language
at is competent for the national authority to
work transmutation, total or partial, of the
property belonging to the vanquishcd party
and if actually confscated, the fact must be
taken for right. But to work such q transfer
Of proprietary rights, some positive and une-
quivoeal act Of con6scation is essential"
Most of the nations Of Europe acquired ii.
tie to territory they possessed by conques,s,
and private persons have derived their title
from that Of the government thus obtained.
According TO the modern usage of nations,
private property of alien enemies on land has
not generally been forfeited; but the right of
forfeiture is unquestionable, and may be exer-
cised, if necessary, TO secure the just ends OF
war, or in retaliation forteitures by the enemy.
The rebels, wherever they have the power,
have seized and coniscated the property of
loyal men, and this, according even to modern
usage, as between independent nations, would
give TO the United States the right TO confis-
cate in turn. Much more would they posses
that right as against rebels who have causless-
ly taken up arms against the government.
The right to free the slaves of rebels would
be equally clear with that to coniseate their
property generally, for it is as property that
they profess to hold them; but as one of the
most efficient means for attaining the end fer
which the armies of the Union have been
called forth, the right to restore to them tho
GOd-given liberty of which they have beelr
unjustly deprived is doubly clear. 1t only re-
mains to inquire whether, in making use Of
lawful means to crush this wicked rebellion, it
is policy to confscate the property of rebels
and take from them the support of u0requited
labor. Can there be question on this point?
Who does not know that treason has gained
strength by the leniency with which it has
beeen treated? We have dallied with ii
quite too long already. Instead of being
looked upon as the worst of crimes, as it really
s, it has come to be regarded as trivial Of
fence, to be atoned for by promise to do so
no more. The despoilers Of loyal citizeBs, the
conspirators against the peace of nation, the
plunderers Of public property. the assassins of
liberty, when they have fallen into oar hands,
have been suffered to escape on taking the
oath of allegiance, which many have not Fcru-
pied to violate the first opportunity.
Thousands of industrious and enterpri sing
young men have been ruined by this rebellion.
More than twenty nj Ions of men are now con-
tributing of their means and their blood to its
suppression; more than half million ofmen-
as noble spirits as ever trod the earth in mar
tial array-now encamped in tents and qn-
dcrg ling all he hardsaips ofa win,F campaign;
thousands of others, now confined in prison,
and some in dungeons, by the rebels; the blood
of the disinterested, the noble hearted, the
dauntless aud heroic Lyon; of the gifted, the
eloquent, the brave aud patriotic Baker, aud
ofthe hundreds of other loyal citizens and
true men, shed by rebel hands, still uplifted
for the slaughter of thousands more, and the
destruction Of free government; these, and a
thousand other considerations, sll demand that
the authors Of these ealamities, and others yet
to follow. if they have the power to inf1ict
them, should be made to suffer, both in their
persons and their property, for the enormous
crimes they have been ana are committing a
gainst private rights and public liberty,
Besides, sir, not to eonfscate the properly
Of rebels is to ofsr premium to disloyalty,
SO long as they, wherever in power, confs-
cate the property of loyal citizens. Under
such policy the rebels property is safe, let
who will triumph, while the man remaining
true TO his country, and his flag, is if within |
their power, desPoilcd Of all he possessed. I'm
der such q policy, the path of safety for prop
erty is to place it on the rold to treason. Is
it any wonder that with such policy, treason,
which at frst had but partial foothold in
such States as Missouri, Kentucky, Tennessee,
North Carolina and Virginia, has spread till
in some Of them it now has complete possession?
The loyal citizens in all the States where the |
rebels have sway know that the penalty for
an avowal Of his allegiance TO his country is |
The forfeiture of all he has, while if he for
swears h;sallegiance his property is alike pro-
lected by friend and foe.
II we would bring this war to a successful
issue it is high time it was made as terrible TO
the enemies as to the fiiends Of the Republic.
Mercy and security to eonspirators aud rebels
in arms against the government are cruelty
aud peril to loyal citizens struggling for the
preservation of the Union and maintenance of
constitutional ibcrry, they who deny their al
legiance to the government have no right to
claim its protection. Let the government
cease to afford it; deal with them and their
property as their crimes deserve; prosecute
the wur with vigor, and it will soon be
brought 10 a successful issue 1t cannot be
that twenty millions of people, armed in de-
fence Of constitutional liberty, are to be over
come by less than one-fourih their number
fighting for the overthrow Of free government,
the establishment of an aristocracy, and the
tion nnd cr,-.oa Of h.r.n... L..