The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1862-05-08

inucn 10 approve them as 10 present
them as a striking precedent to show
that civilized nations have not -disused
this specie of reprisals as means of
waging war. Surely, an instrumental
ty that was employed by Napoleon
habitually and for long years against
his own disloyal conntrymen, does not,
as war measure, deserve to be char
acterized as semi-barbarous. Nor did
we confine the right of reprisals to the
property of the enemy, but, as he was
at liberty to do under the recognized
laws of war, extended it to the persons
of his enemies found within his domin-
ions at the commencement of hostilities,
OBTAINING them either as prisoners or
hostages. An instance of this kind
occurred on the rupture of the treaty
of Amiens.
But l pass from European prece-
dents to those nearer home. As a
means of carrying on war, the principle
of confiscation was fully recognized by
the several States during our Revolu-
ton. The precedents it furnishes seem
to me perfectly conclusive upon us.
They constitute an important chapter
in the history of that war, and we can
not disregard them; we cannot treat
them as evidence Of barbarism or even
unnecessary severity, without bringing
a reproach upon our fathers as men and
Christians, and stigma upon their
cause, | begin with Georgia.
GnNrr,,a r
confiscation during the revolutionary
war. On the first of March, 177S, by
a single act, she attained of treason
one hundred and seventeen citizens Of
Savannah, and confscated all their
property, real and personal, ass well as
all the property, real or personal. of all
persons who, since the 10th of April,
1875, had levied war or conspired
against the safety of the State. (See
Maubury e Crawford's Digest of Laws
of Georgia from l775 to 1900, p. g.
On the 4th of May, 1882, her Legis-
Iature, by a similar act, banished from
the State some three hundred persons,
and declared all their estates, real and
personal confiscated to the use of the
State. ftef i1
The Supreme Court, in Higginson
cs. Mein, "a Cranch, recognize the va
lidity of these confscations. Indeed,
the first article Of the treaty of peace
recognizes them and all others, for it
expressly provides that all persons who
have any interest in confiscated lands,
either by debts, marriage, settlements,
or otherwise, shall meet with no lawful
impediments in the prosecution of their
just rights.
In April, l776, South Carolina passed
an act called the sedition act, by which
she outlawed all persons who had taken
service under the king declaring them
guilty of capital offence, and forfeiling
their estates.
In February, 1882, she declared for
feited and confiscated to the use of the
State all the property, real and person
al, of a list of prescribed persons, de-
claring her commissioners I" fully seized
and possessed" of all such property,
and authorizing them to sell and con-
vey them to purchasers. s;as
The number of persons against whom
this act of attainer and confiscation
was passed, was about three hundred,
and the amount of property must have
been large. eo 7..f
In l779 the Assembly of North Car.
olina passed an act declaring
THAT all the lands tenements, here.
ditaments, and moveable property
| hi,, fbn on1 oil
right, title, and interest therein, OF
which any person was seized or pos
sessed, or to which any person had title
on the 4th day of July, A. d., 1776
who on said day was absent from this
State and ecery part of the United
States, and scho still is absent from the
same, or ,oho has at any time during
present aoar attached himself to or aid
ed or dbetted the enemies Of the United
States, or aoho has aoithdrd,cn hinasel,
from this or any of the United States
after the day aforesaid, and still reside
beyond the limits Of the United States
shall be, and are hereby, declared to be
confiscated to the use of this State. p
Acts Of assembly of North Carolina
edition of 1854, page 244.
i This statute operated not only against
i disloyal persons at home or abroad, bu1
against absentees who had committed
no offense and taken no part in the war
1t proceeds upon the ground that the
citizen owes it to the State as duty 10
such crisis to stay at home and help
to defend it. ,ga-
4 In May, 1879, the Legislature of Vir
: cinia passed an act of forfeiture of all
! the real and personal property of al
British subjects, explaining the term
British subjects to mean
"All persons, subjects of his Britain
mic Majesty, who, on the 10Th of April
in the year 1775, when hostiities were
commenced at Lexington between the
United States of America and the 9th
er parts of the British Empire, were
resident or following their vocations il
any part of the world, other than the
said United States, and have not since
either entered into public employment
of the said State, and joined the same
and by overt act adhered to them; ant
all such subjects, inhabitants of any o
: the United States, as were out OF salt
r States on the same day, and have sine,
/ by overt act adhered to the enemies o
the said States; and all inhabitants o
the said States who, after the same day
and before the commencement of th'
, act of General Assembly, entitled /" al