, 1862-05-26
CONFIsCATIONs
Speech Of Charles Sinner, Delivered In
the Senate May 90

The Conhscatfon bill WAS taken up. =
Mr. Sumner Rep., Mass. saidlf Gnu !
done something toward hlishtng the truth.
And now, II You viii kindly give me your at
tention, Bhall Try to open the question in i
sneh way as to exhibit clearly all the points :
ii Issue. There Is saying often repeated BY
statesmen and often recorded By pnhliclsts,
which embodies the direct object Of the war
which We are now nnhnppl}y compelled to
wpge-an object sometimes aVowed in Euro
pean war, and more than once made watch
word in our own country" indemnity for the
be our comprehensive afm-nor more nor less.
Without indemnity fQr the past, this war Will
have been waged At our cost, Without securi--
to for the future, this var will have been waged
ia vain. Treasure and blood will have been | +;
Iasished in vain. Bat Indemnity and security
are both means to an end; and thatend Is the
national unity and the Constitution Of the |
United Siatks. It is 1nt enough Il VIC preserve
unity. Nor is it enough If we enforce the na-
tiopal unity atthe expense Of the constitution. |
Both must be maintained. Both will be main
tanned II we do not Fl. to take counsel Of that |
prudent courage which is never SO much needed
IS at moment like the present. Two things
wescck as means to IN end; indemnify for the
past and secnrity for the future Two things |
weseek as the end itself: national unity under
the Constitution Of the United States What |
ever nay be the doubts Of Senators or their
question that we are in the midst Of q de Jaeto +
rebellion, and in the midst Of de jacto War.
We are in the midst Of each and both.
So far has the displacement OF the National
Government prevailed. that OF this moment,
throughout thewhole territory, there are no
functionarles actiDg under the United States,
hut au are pretending to act under the newly |
established usurpation. Instead of the oath |
to support the Constitution OF the United |
States, required Of all Officials BY the Consti-
tne1 1f1Eff Init IN
support the Constitution Of the Confedsraey; |
and thus the rebellion has assumed q COM |
1,lcteIe6s Of organization under the' most |
Solemn sanctions In point Of fact, through
las been ousted, While the old State Govern |
merits have ceased to exist, 1ifcless now from
rebel hands, Gail It suicide, il you viii, or
suspended animation, or abeyance, they have
none the less ceased to exist: Such Is the
| plain and palpable fact. II all this be not re-
| hcllion, complete in triumphant treason, then
| Is rebellion nothing but 9 name. =:
| TheEame persons now arraycd IN WIT against
the Government Of the United States are uI-
| qucstiouably enemies. exposed to all the Incl
| dents Of war, with its penalties, seizures, con
trlbutions, confscations. captures and prizes.
| They arc enemies; because their combination
has assumed the port and prop ortlons Of war.
Therefore, sIr, in determining our course,
| We may banish Ill question ct power. Ihe
power is ample and indnbltable, being regu;,
| lated In the one case by the Constitution, and
| in the other case By the rights OF W.T. It We
treat them as rebels, then We arc undcr the
1estraints Of the Constitution. u We treat
them IS enemies, then We have all the latitude
sanctioned by the rights OF war. Il we treat
them as both, then We combine our penalties
fIoua the double sources. What is done
against them merely as criminals will natu-
raIy bc in conformity with the Constitution;
but what ia done against tIen f as enemles n viii
After establishing in reason and authority
the existence of the two sources of power, Mr.
Sumner proceeded to consider, lrst, the nights
against criminals, founded on sovereignty,
with their limitation under our constitution;
and, secondly, the rights against enemies,
I rounded on war, which are absolutely without
constitutional limitation
| 7Undcr the first head, he passed In review the
various limitations Of the constitution, saying
other Senators with regard to any unconstitu-
tiopal proposition. skoT him that any such
proposition is without support il the consN-
tuition, or that it of1ends against any Of its
safeguards and it could not RECEIVE his vote
i. Congress has no power oger slavery ia the
: States; but this cannot interfere with taking
: slaves SIS penalty for crime. :: There must
: be no e1 post facto law 3. No bill OF attainder.
: 4. No person shall be deprived Of life, liberty,
or property, Without due process Of Law. 8. In
joy speedy and public trial by jury Of State and
| District where the crime was committed,
6. No attaiDder OF treason shall work cor
ruption of blood Or forfeiture, except daring
the life Of tue person attained! Thus clearly
the United States may exercise all the rights
| Of war, which according to International law
; belong to independent States In offering
this proposition, waive for the present all
question whether these rights are to be eKer-
cised By Congress or by the President, 1t is
sufficient that every nation has in this respect
8 perfect equality; nor can any rights OF was
l accorded to other nations be denied to the
? United States. Harsh and repu1siye IS these
L rights unquestionab1y are, they are derived
+ fem the oycrruling, instructive Law Of self
Q defense, which is common to nations as to
! individuals. Every community hlvlng The
L form and character Of sovereignty has right
+ to national life, and in defense of snch life il
;, may put forth al its energies. Any othel
# principle would leave it the wretched prey ol
G wicked men, abroad or at home In yalc
: you accord to it the rights Of Sovereignty j
d you despol it Of other rights without which
. Sovereignty cannot exist. IT think, there
b fore, I am was the sententious utterance By
II | which the first Of modern philosophers dem
c onstrated personal existence. II am, there
0 fore I hare rights.' may be the declaratio1
Il Of every sovereignty when the existence il
e assailcd.
t. Constitution on our rights against criminals
t: bir. Sumner next considered in detail on
1t rights against enemies, according to the right
It OF waT. He claimed for the United States al
r acknowledged rights Of war belonging f.
eidered under the heads Of a. Rights atgains
ID the enemy'B property within our territoria
Ia jurisdiction, and l2) against the enemy g prop
y | eItY beyond our Jurisdiction. The case 6
Brown, in the Supreme Court OF the Unite
=, States, establishes the power Of Congress t
1e confscate all enemys property within ou
r Jurisdiction. By the Law Of nations all til
.g public property Of an enemy, laud or money
4 is liable to seizure, while the property Of pr
1t vate citizens is exempted: but the reason (
10 this exemption clearly Is, that In an intern.
= tional war the Government alone is respons
ls bic, for private persons are notftee to choose
3. whereas, in the present war every rebel Ii
e.: chosen his part and has assumed all the +
OF sponsibilities Of making himself an enem
'iB is as much liable as the government ID an il
n, ternationaI war, in bis lands as well as bis pc
lis soual property. AL those rights Of war M
if be welded by CONGRESS, but il must be viii
e war is pending. When var Is over then vi
be come the time for penal statutes.
- After this survey OF questions Of law, ID
Sumner next reviewed in detail the history
n coufscation In ancient and modern times
especially IN France-and also the numero1
confscation bills, upwards Of eighty in nut
es, matte controversy to which they gave rise,
aw the course Of which Mr. Jefferson asserted Il
h. strongest ground under the rights OF war.
nc In determining what powers to exercise y
nd will be guided 10 8 certain extent by the Q
N. ject which you seek to accomplish, Do y
,ht seek really to put down the rebellion and
id, tread 1t out forever, or do you seek only t
he ! paEeage Of penal statute? Do you seek
m new and decisive Weapen in the war viii
our country is compelled to wage, or do y
eu | seek nothing more than to punish q Ten II
de els? Or, it the object you seek is simply pu
NC ishment, do you wish it to be sure and ette
zen i've, OF only In name: Are ron in earnest
;of strike this rebellion with all the force sal
eet toned by the rights Of war, or do you refu
=" to use any thing beyond the peaceful proct
Nd Of municipal Law? Iput these questions s.
ere cerely and kindly. You VIII answer them
ct your votes. If you are not in earnest agair
u.s. This rebellion now aTrayed in War-H you
o. content to sexm to act without setting; to Sc
By | to strike without striking; In short, to e
ght | rather than to BE-, you T1ll pass neW-pcl
the statute and nothing more.
in Assuming, then, what has been so ami
,re- demonstrated, that the rights OF Var are ol
.taE without abridgetnent, and assuming. atse, Il
the you VIII not allow our present c1use+ VIII
ing has enlisted such mighty energies, to
hey thEa1ted through any failure on Yonr part
to ask you to exercise these Eighta In such y
,Fc- a. to assure promptly and surely that peri
se1I uent peace In which all that VIC desire is q
ION taipcd. But to this end it will not be enou
rard | 10 triumph over the rebellion; 1t must be
teI]. completely crushed that it cannot bFeak for
j., while its authors are not allowed to eaci
fe- | punishment all Of which may be acec
sev-. pliehed only by such bill "a have propos
ircd The reasons Of policy, itnot Of duty, are G
- trolling. - :,
But Whi1ea1l desire TO see the rebellion ce
Il U1efeiV crt1Gl1ed there NAV be Inference Y