Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1862-03-14

guage Of all the authorities known to tbe law
of nations, single rule, which includes .Aps
settles every possible question Of forfeiture hsF
can arise in this war. That rule is, that az
though private property Of an enemy op lard
is ordinarily exempt from cou6scation, except
such ss may become booty in special cases, as
when taken. from the enemy in the field q IL
besieged towns; and except, also, military con
tributions levied on the inhabitants ,of hostile
territories, yet, you are "authorized 10 use a
| gainst an enemy such degree OF violence, ard
such only as may be NECESSARY to secure tie
objects of hostilities; and il it be necessary ID
accomplish the just ends Of war, you may raw !.
age and lay waste The snemys. frQperty," ana
Of course confscate il and even where It might
not be necessary TO sieze private property to
accomplish the just ends ofyaT, but the esta6.
lished usages Of war are violated by your ene-
my, and there are no means Of Testnnini1g his I.
excessesJ retaliation may be resorted TO by the
suffering nation, in order TO- compel the enemy
to return to the observance Of the lazy w4icb
he has violated. (Wheatons Internat.5aaf
Law, PIP. 400, 421)
What is included in the epblotment X tie
term when necessary; as employed ~ t5ese
authorities, it is rot important to examinG;
| because, if you assume that the "pecessty y, s
which authorizes confiscation must be the ex-
trenie one applicable TO acts made Lawful 5y q
the necessity OF national preservatioa1,7
which your own Government, in the McT aod
case. says must De !Hoterwhelmfinig'; ';lstii II
would be admitted that such degree or .neces-
sity" exists in favor Of the Government ia II 4.
waf ''' ..'"l
Applying, then these plain and eiemlenatEfg, E,'n',
Ia nf
Of right IL tonfsc3aitionH 3iH are settled. ME Tar
is just You not only began not this drair..a
Of blood, but you "iay snpinely upoh ,out
backs, huggIng the decisive phantom Of L55e.
until your enemy boqpd you hand and foot"
II is tusti because you struggle for ends no jess
monlentous than the preservation Of republi-
can Government, and for human liberty itseif
Just, because the rebellion is causeless Tie reb-
els themselves being judges; jpst, because tls /,
Government you seek to preserve, in lis results
upon the people Of hemisphere. in their 1q,s- +.
tefial, social and moral interests, for three
quarters Of century, has shown it to be tho
best human Government ever established D.
motlg men ~:
The ends Of this war are Just And the1 80
add 10 this the consideration growing cut Of
the disregard Of the just rules of war OF your
enemy as you experience it, not in the uniger-
sil repudiation of pecuniary obligations. but
in the sweeping and universal sequestratiou of
the properly Of the loyal men Of the Repub-
lie; as you experience it 10 the devastation OF
10y homes and possessions; as you encounter
it in the indiscriminate slaughter or exile OF
all unarmcd and helpless men, women, and
children suspected Of loyalty TO the Consdtp-
tom ami nj the destfuc5iop Qr !confscation u
their property, and as you experience it in the
piracies on the sea; and will not the voice of
public law, the safety and success OF the Gov.
ernment in this contest, and the enlightened
conscience Of all Christendom alike. not sane
tion merely, but demand, that such a rebel
hon, SO prosecuted, shall be met and dealt with
by such laws Of warfare as will not only. com
pei "a return to The observance OF the law
which II has violated, but by such as viii rtii.
der its overthrow absolutely certain?
The right OF confiscation have CONSIDERED
is applicable to property seized 10 the rel,=l
districts. Under the decision ip Brown y.
United States, 8 Cranch, different rule aid
more unlimited right of con6scatiOn probably .
exists. This I shall not stop to consider. =
The conclusion to WhieE. [ am thus condrc.- j,
ed, Alr. Chairman, am brought to by allthe !.
authority Of the great body Of the public law.
itself the sub ime eniaDatioi and the result Of
the joint forces Of the reason, the civizatior,
and the Christianity Of eighteen centuries, 4
am brought to II BY the plain and express re- =
quirenents of the Constitution Of the Unite
States. l am brought to il BY the histor7
and practices of your own government durilg
| threequarters Of century, by the opinions %
le great expounders OF your Constitution; y,
the judgements OF The supreme judicial trst1-
nails Of lie land; and, above ALL by the ire
spCnsible logic Of a just imperious and over
Wheming Necessity the necessity given by tHe
RIGHT OF SELF PRssERv ATIoS. That conGl1
sion is, that in this war it is not the righs
merely, but the stern anil terrible duty Of ia
Government to bring 70 its rescue from tbs
peril eUery force which the law Of selEpressfr
vation places in its hands; forces coptrolled. 4
guided, and aimed by law, it is true, but siill
such orces as shah be requisite TO attain ne
just ends Of war. Among these forces is tiiat
one which is described in the Constitution "a
captures by land and water"
Sir, it is as to the extent Of and the wisess
modes of asserting these war powers Of lie
Government over property that the greatest
varie:y OF opinion exists IN the country, aud
in Congress. The right aud duty of the Coy
ernment TO exert this extraordinary power
over property 70 some extent, aud in sona
way, Is doubted by but few One. bill is peud-
ing in the House Gnancipatng al slaves OF al q,
the relies in the United States; and a third
reported from the Military Committee, emaa- /,
ciating all such owned by rebels as shall ia =
any way be captured" by our arms, and tbs.
as l understand il, as merely regqlationog
acts of war, and to promote the just ends Of
the war. Aud il provides modes OF fispOs a
cf them as freed men. 1t is with unafeote3
disrust Of myself that have come to the o-
pinion that the last Of the measures that 2
have pamed, SO far as it relates to emsncipe
lion, is the only one not subject TO grave coz
silutionul objections, and that it is the wisost
and best for the Government, for the cause ~
constitutional liberty and for the slaves then
Selves
I propose to: ,illude TO only some Of the con
siderations Which have led me TO this opinion
AN opinion SHALL OF course, abandon, if
shall find it erroneous.
| Sir any law whose present utility come
from IFS being speedily eree,aed but which Pur
ports now to c,nancipate slaves beynod on,
military lines, is mere bayado. Mr. Chairman,
/ pronunciamentos are orain drily unbecoming
real sovereignty a Governwent conscious of
is power never employs the Jrtaum fulpen as
a Eorerunner or lis ncditated redress. Law is
uuier, majestic and serene as she sits selfpoised
and secure upon her throne; and she utters no
voices from the mouths Of blatant trumpets