, 1862-04-09

the war power as the intcrlopated pare,l-
fhSses would indicate tN~''
But, sir, another decision Of the Supreme
Court Of the United States disposes Of ali
lhese questions, decides that the power OF
conhscatlon is vested In Congress and no
where elsc, that tile President posscssvs no
@ snch power under the law Of nations, and that
tEc nodern usage or Ian Of nations does not
" tsen " lis o|n force constitute rule
nltn Acts upon property except through the
sovereign power, the legislature I refer to
the case OF Brown rs. The United States. re-
ported IN Cranch, tpage 110,) in which the
court say:
Respecting the power of the Government no
II That war gives to the
!e1gn fuA right to take the persons and coniscate
eea gdtopfT1y q ths snsmy Thereye1 found ia
tron1sd aha n3 T1Ee Polcy Of modern times has
fxe5ese Ct ths right, but cannot affect the risht
soval,o1 na. femhins nndiminished and when lie
operain he jndciai deastment = naf H. int9
feet to its will. But unt1 that Ti ehae eise hs @ e.
P5essed no power of eaa exst d
SNs1 SSaE'i gires an equal %gbt over pe,,ons and
property and If its decia{siion is not consderad red
az presee5l6ing e law respecting the person Of an
scribe Law for his properly. The act concernino
alien enemies which confefs on the PresIdent Terg
Sons ofds Pffme sha ths PEI
possess those powers BY virtue Of the declayat;on
o1 vt:
ton 9f prisoners Of war, is St t6e sse cHaracte1
tana th9 ae' 1sohioltng trade with the enemy CON
the peaeni Of and the kts3ss @ r. ea
1e hereby, authorized to give at any tine 5rish;n
ss months after the Passage Of this act, passports
1ot me fase tfeneportation OF any ship OF other
Ehteh is low within The limits Of ffR'1S tie United Ied
The phrasselesy Of this law shows taa. tbs
tD471$r rnk.
the iesslature as being Vested IN tie United ststes
i, Ane set 9f war aod the authority which
ne aei eon1sss On The President is nanestly cor
-, Il urged that, in excepting the laws Of var
al ra'et+, may seize and the courts condemn
az properly which according to the modern law of
the 5ean1fe an act Of the Legislature to Justify
Inc inc conservation Of ,hst property which, acc I'd.
his moutrm s1a1g usage ought not t. be esn6sested
p1,btnh ~ tna5 modern usage constitutes rule
avn m11eh f acts directly upon the thing taef BY ts
1Hs 9 posit1on Is not allowed This usaee js a
6naqe r. S whGh the eorereign follows OF abandons at
IT, ef bpman;tpl me ~ nke other precepts Of moral
I'd to the Judgment Of the eoTzreien and atbonsb
II eapnot q disiegazded By him Without obiou9T
Il Il nay pc u1sregaided.
tsst t9 ihhn1te mobilization IT Is not an inamnta.
ole Toe o. Ia but depends On political conaid
etu. st1, 1pns, Nmcn NAY con .inus1ly ya1v
Cni!ed States have alwsya rnn.fdarshia ,gant M ~
!! M u pInperty N the possession of their neigh
b dona hen w breaks ont the question wat
r EHa oe aane with enemy property "a our county,
rn5e which We apply to lie property of our enemy
M e''zens 9s appasd Yifs + otbs9 hi t. s. q
for the ~ OF Roey IL T.
Ma1ea s a caa modify at Will not fos the conridsra
81 Thch ons The
i!o e Tie AgttEafmr. ,so{ e IL he &c eeeatips s o.
;appsarr TO the Court that the power OF con-
,Se+ esIoy property Is In the leGielature, and
sast me has not yet declared its VIII to
property which was WITHIN onr fstTitoT
ts;ri, GhiSf snstaee Marshall in this opinion, e
= E1etu'1ve msy seize and the courts condemn m
III psDpe1ty which, according to The modero |
Ia~ OF nations, Is subject to coudemnation. - |
well "a OF that other assump mption that theT1e IA !