, 1862-04-09

"
may De d1sEegarded. Ifthis were not 30. th
eeSuaordlna1y spectacle might be presented 8
!ne courts OF country disavowinS and annuI]
ttng me acts Of their own Government in mat
1ers OF state aad political diplomacy.
It conflscatss the property Of iii absent re- rebeIa
1nciudfpE those who have been unwi1lfnp1,
19tced into the confederate service as we'll a
tnose VINO have voluntarily entered il. i
moments reflection must satisfy ali that thi
op}ect1on IS without force, for no court q
commission would ever enforce Il ncna,t,
against person who had been compefIe5 h.
1ufce to commit the act of forfeiture TH'
prlhclple OF law Is too well settled to reonirt
| discussion, that no man can be held resDonsi
ple 1or acts which he bad not the power tf
fht III noE any saving clause necessary il
| into the rebellion from forfeiture- anv nort
| tnan there is for such q clause to protect ;
| Inan found among band OF robbers or pirates
Hnen ne sFas able to show that he had be0I
| 4oisIa 10 JON them. But if the bill were ob
lo1, it is not, it would be ea5y t. cTiste I'm tle
olncu!ty BY limiting its operafiou to the pron
cry q such absent persons as shan io;9 *
rebellion without restraint. 'S@'A 1A1'
HaV1ng shown, as think, that the hill is m,
" lne s"eeplng character represented by Sen,
a!ors VINO have spoken against It, that It il mi
o6no31ons to the charges of unconstifution'
alltg which they have made, and that the va,
power is not in the President, but in Conrn: ":s1
which has exercised it from the foundation ri
thc Government, assume, Us positions whici,
cannot be successfully controyerted, that Con.
gtess, IN providing for the prosecution of The
WET against the rebels, has a riyht 10 d;noct
mat such means shall be resorted TO as It be-
HeFes necessary and proper for the attainment
OF inc end Of the TaT, which Is the suppressIon
o1 !he rebellion; and that no court can set
aslae 'aE or annu n any action which Congress nay
~ tnhe r,: IN Inc premises, for the reason that
tne constitution, by vesting in Congress the
express power p" to declare war,'' ITO raise
and support arnies," provide for their gov
efnment, make rules concerning capt1res
On land and Eater,' and for suppTessinc in
su1eenon BY force, has vested it also with the
naaaa ntsele.1cn Of determining what means are
NECESSARY and proper to enable it to carry into
enect these granted powers. It docs not be-
long to the courts to determine how a war
snau pc prosecuted, or what shall be done
~ MIN Inc persons or property Of an enemy
aaaaa anose are Questions depending. OF political
and to be judged OF by the sovereign power
Wmch IN this country is the people, who speak
through their Representatives il Congress 81,
1af as war matters are concerned. AL the
courts can Do is to aid in giving effect to the
sovereign Will when expressed. The position
tlFe may seize and the courts condemn all
Of nations is subject to e,nfscet;o1 IL ~
quoted. SIS not a11nwad y haoo71ea +b;s i>a
1,:nl nations. rs the court say, is only "a guide
his will" It is wholly dene1dent IN 49, ~
government for its being recognized here at
all. The rule in regard to the seizure and an
preparation Of enemy property is stated IN
these words by writer's Of international law
y ne moment one State is at war with an
seize 81, r., " sgnssai PRINCIPLES the right to
kind md wheresoeyer fonnGp sn' u matsoeser
the property thus taken to its OWL use r. X ttaf
Of the captors.'' 17e ~ ~ 'Aa'
My colleague. in sna,k;no of ho77;ao,o.t
rights, said: NN's - oeA1sae17At
apnTnprfutc an5 tne lfsht 70 take coniscate,
" and forever a1I * ~ Please absolute
knd and character beiongina to hc e5cnv ~ 9,u5y
ydually and collectively, witch has anT rcati1 iu
to the end Of the war, and which tends to our ad.
santace oy strengthening us Or By weakening the
and diminishing his ability to carry on the
q aThe Tie exere,sa!! ~ ~ in!afyi u H., ,.,,,,
sertion Of ,bis be11iac1ent 63 pomer me as
conseation in no sense and to no extent rnan. Ina
geIs he liberty of the citizen nor is there he least
This may seem strange ianguasc IN tte mart
Of my cnflearue. Tf,en eonoH2rn3 ~ as ~ ~.
er part Of bis eneeci, in 1rhic1, ~ IN tuoen
this bill, which does nuf ,,ronnca ~ +a. ~
property Of single rebel even, whose ea person soo
words: 1 - 'u''1s'Ai l'foccss' IN 1hese
"Tbe snre ana ce-to;,, aaoot -.
be to maEe ne.ca ~ enect OF thls pau would
thing Il would iii The hearts a. the ~
pie with despair, and nerve their arms viii th ~.
eIgy "a and desperation which despair inspires. It
would turn to the blackness Of night the list ein1
merlng hope of future fraternity between non ali
c1u T.ns.a 4Iu e4aspetateo brethren"
Mnat so alarms and horrifles MY colleague
ana tEe Senator from Pennsylvania [Mr. Cow-
a. Is nor that rebel property, to limited TX
t!en. Is proposed to be contlscated, but that it
IS proposed to be done in pursuance Of laws
enacted enact by the peoples representative in
Congress assembled, and not lett to the will
ona '!n caprice OF the President, without lmita-
IloA u ltslfaht OF any Kind or character up-
2u niS power; and that, too, as insist, and
lliluh ll 1ave SHOWN, In defiance OF the very
LILLE 5a u ing constitution, and Of the we'll |
2 lhe case OF Brown Us. the United Stutcs, |
n1eady referred to.
oul NY onJect IN making these quotations !
rom 70 my colleagues speech was not to expose /
rs INCONSISTENCIES, but to establish what were |
ne Ilgnts o. oefllgerent, as even the oppo-
less M OF my colleagues definition, except in
us limitation OF lhe power Of coniscation to
AoVaole property Neither the elementary
sa!tcIs upoh international law or the Supreme
.ouit :. maze any such limitation. Its propri-
~ ~ anotaeT t,I l1estloa; and tor one, am
Jason, who arc said to be large l4naholders
u the loyal States, and have escaped to tor
'gn 1enos, Should be permitted to enjoy the
Tu5!s OF their estates situated within our in
33solctlor, While the lives and property Of
nan:anas na a o. loyal men have been sacrificed
~ = ~ aeos u incurred Which will be burden on
he country for generations to come In conse-
htrce OF the wicked rebellion which they
aye 1naugurated.
That We have the right to exercise bcllipcr-
n nights towards the persons and property
1 those In arms against the Government.
aa who are lighting for Its overthrow, even
nc opponents Of this bill admit When re-
eillon becomes so formidable as to muster
I1nles Of hundreds Of thousands of men and
lalntuln Itself in arms against the forces AZ
1e Government for almost year, it surely !.
as Us attained a magnitude. emitting it to Be
asIsd civil var: and International law
&c to be observed in Gill war ia W the ~ sama nn
'anner as in war between independent
tates. II, therefore, in waeing a war aoa;1,st
foreign nation, tic United States conld con.
seate the property Of the enemy through an
;: ot Congress, and only in pursuance Of an
t OF Congress, as decided by the Supreme
QUIT, it follows that they. may row conhscate
&c property OF the rebels. It matters not
hetAer the war ne arc waeinc be
ith foreign or domestic enemies. onr
ghts against Them arc the samc Wills
e war continues; aud IN the proHccn.
On of the war we have y rirht Far fhe tie,a
ing, to treat a parts Of tLe conntrr nut ~ hns I'm,
e il possession Of the rebels, and Tbere ~ TIA I
rs Of the Union are oyerbornc. as forr;Sr
This principle Was settled hr a f3oc;.;o1 of
c Supreme Court in the case Of the Tinted
ates e8. Rice, a Wheaton. GAG Yin Uhich #
Is held that the town Of Castine, in Maine.
hTrhy yYre fof-o | =