The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1862-05-16
Senator Sherman's Speech.
Connsce,ion of the Property ofRebc,s

sion OF MIR. Trumbull's onliscation bill
and at the close of the speech Of Sena.
tor Davis, Mr.. Sherman offered the fol
lowing amendment to the pending bill
and proceeded to address the Senate
We cory from the official report Of the
Globe so much Of his remarks as relate
to the subject Of confsca,lvn generally
AID the conclusion Of those relating tc
his own substitute, Cor the pending bill:
First. Persons hereafter acting as off.
GERS OF the army Cr navy Of the rebels now
or hereafter in arms against the u. s.
Second. Persons hereafter acting a.
President, Vice President, Member OF
Congress, Judge, Foreign Minister, Con.
sui ,or Commissioner of the so-cullcd Con.
feGerate States. Third. Persons here.
alter acting 0s an officer whether civil
military, or naval, Of any State or Terri.
tory who by the constitution of the co.
called Confederate States is required 10
take an oath to support said constitution.
Fourth. Persons who having held an of.
lico OF honor, trust, or profit under the
United States, snail hereafter take IN
arms against the United States. Finh.
Persons who, owning property ia the Iowa
States or Territories. or the luyslportious
OF dlsloyal States, shall hereafter assist or
give aid aud comfort TO the present re.
bclliOn.
Mr.. President, will not prolonr the
discussion OF this bill by any very extend
cd remarks, but will confinc myself 10 a
general statement Of the purpose aud tho
provisions of the pending amendment and
substitute. The question of confscation
Of the property of rebels has been so ab "
disusscd in both Houses that | could only
repeat what has been said by others. The
discussion has shown that the difficulty is
as to the measure aud extent of cot iisca-
ton, rather than "a to the right. No one
disputes but that Congress can author &c
the seizure of either tho person or proper
~ of a citizen except us against an open
enemy engaged In war. A confscatun
bill is purely military mCa urc. II Gun
only be just fed, ii it is a proper and nec-
cssary measure in prosecuting war. A
rebellion so formidable as Til is u civil
war aud must be subducd by open war
Prosecutions for treason are civil me-
dies, after the war is over, enforced by
courts, juriCs, witnesses, and all the inci-
dents of legal trial. The Constitution
surrounds such trial with numerous
safeguards. 1t must be by Cue process OF
law; il must be in q State or district pre-.
viously usccrtaincd by law; il must be by
n jury; II must be upon indictment found
by grand jury; the witnesses must be cx.
amincd in open court; and the punishment
cannot exte nd TO u forfeiture of estate be.
yond the life of the accused IL H.,
therefore, manifest that if coufscation il
u civil remedy, every measure proposed is
But It is not n civil remedy. 1t is war.
IL is war against an open foo in open
arms. Ii is to be tested by the laws Of
war, by the law Of force. We kill cur
enemies without trial; we enter upon their
lands; we destroy their pr purty; we com. {.
NIT numerous ucts unlustiiiablc except by
the laws Of war. We punish without
conviction, To test the constitutionality
of this act by the safeguards prescribed
for the citizen, would bc as ridiculous as
to invoke jury before you kill your enc
my in battle.
Seizeure Of the property Of your enemy
is justified by the some low which author
izes you TO seize his person or destroy his
life. In either case IL is TO destroy his
resistance, to weaken his strength, to
his physical power. You are
justified in using very different means
against him when he is in arms, threaten
Ing your life, your Government, than you
would il he was in your power on trial
for criminal offence.
A traitor as prisoner on trial for irea.
son is in q very different condition than
when arruyed in arms. In the ono case
The Constitution prescribcs the mode and
limit of punishment, in the other coso
you are authorized to reduce him by force
to kill him to starvc him into submission,
10 seize and sell or destroy his optrty.
Confiscation is not only justified by the
laws of war, by the practice Of many ma.
lions, but it is practiced by our enemies
n the IN ost obnoxious way. They seize
all kinds Of property of loyal citizens; they
destroy contracts, confiscate debts. All
the property of citizens of loyal States
which is within dsluyal State is seized
without exception, and that whether such
citizen has aided the Government or
not.
They also seize the property of all citi-
tens in disloyal States who viii not com
nit an act Of tr, ason hy aiding them.-,
ct they profess to be governed by a con-
titution similar to the Constitution O Il the
United States, SO far as it relates to the
ghts of persons and property. They
RAW the distinction between the laws OF
var and the laws ofpeacc.
Sir, It is folly to conduct war against
'pcn enemies and yet furnish them the
means to carry on war against us. They
ave seized all the property of loyal citi-
ems within their reach, and yet we pro-
ect property Of leading rebels. Houses
re now rented in this city to loyal peo.
pie, and the rent Is transmitted TO officers
y the rebel army. We protect houses .
nd property in Alexandria belonging to
fficers of the rebel State Government of
'irginia. Leading rebels own large
roperty in Northern States, and yet seize
40 property Of our citizens. Gentlemen
Tho sym athize with them now in our
lidst, think il very hard that their friends
hould be deprived of their property
without due process OF law" and yet not
ave word to say against the seizure and
onfiscotion of property Of our ow peace
BILE and loyal citizens.
Sir, is time there was an end of this.
We are at war. We must destroy our
nemies or they will destroy US. We
lust subdue their armies and we must
Infscatc their properly. The only ques-
on with me is as TO the best measure of
onEscation. That some ono should be
nacted, and that speedily, is not only my
onvictou of duty, but i will be demand
by those who viii have to bear the
ardens Of this war. Now, il is the in
rest Of every citizen in seeding State