Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1862-05-15
Kent in commenting on this case, says:

1
omen for discussCn n this country It definite
y settled OF the ancient and sterner rule by the
Supreme Court of the United States. The eject OIL war
on B fish property found in the United States on land
at the commencement of the was earnedy discuss
ed and thoroughly considered in The case Of Brown ano
It was decided as upon settled rule Of the law OF nations
that the goods Of enemy found in the country and the
cargees found ahoat in ports at the COM
mencen,ent hOstites liable to seEeure and con-
escaton and the exercise of the right vested In the dis
cretion of the sovereign OF the nation"
The right to seize and coD6scate the proper
! ty of an alien enemy, wherever found within
our territory, is as clearly established as the
! adjudcations OF our own courts can establish
| it. He who is both public enemy and
traitor surely cannot claim to stand in better
! position than sn alien enemy actually guilty oil
! 10 offence The traitors of our country occu
! py very differeut position from that of law
/ fol belligerents. 1t is true that We accord TO
them many belligerent rights, but We may pro-
! perly treat them as traitors. As against them,
we are possessed Of every belligerent right, as
! fully as if they were an independent nation
| levying war against rs and We are also pos
sesSed Of all the rights Of legitimate soTer-
egn against traitors in armed revolt. Their
property cannot be reached, because they are
| citizens. and entitled TO the protection Of the
! Constitution !
| tv, or property without due process OF law =
that is, without proceedings according to the
course of the common law. How grossly we
violate the Constitution in shooting down these
citizen traitors There eau be no uistnke.-
The violation of the Constitution is most pal.
pable. We rake the lives of these cit.Z.Us aud
brothers without due process Of law. How
ub,erd Is all this. Those in rebellion are both
/ 1ia nd L.
TO the laws provided against both. An alien
enemy. whose property is found among Us,
/ having never himself borne arms sgaiust the
! country, this property We seize and forfeit but
! il his allegiance were due to US. if we had
sworn to support and defend the Constitution,
! aud then wlckedy perjured himself, if be had
/ borne commission in rebel armies, aud devoted
! his all TO the overthrow of the Government,
We cannot take and forfeit his property +; i, is
under the agis of the Constitution, and must
/ be used only 10 the service Of the rebellion -
! Tue very point am now considering was re-
! Gently before the United States district court
! for Massachusetts,.
! The Army Warwack was csptored on the
! high seas by the United States ship of-war
| Quaker City August TO- 1861. The libel was
| against both vessel and cargo The vessel and
! part Of the cargo were admitted to belong 10
| citizens and pertinent residents OF Richmond
/ Virginia The hearing was confined to the
| property SO owned the question as TO the
! rest Of the cargo being left for future inyesti
! CATION Sprague, Justice. delivered The opu
| ion Of the court. give so much as bears OF
the point under consideration:
Some have appreheuded that if this conflict Of
IS to be deemed var enemies must have, against
Eereuts. But this Is overlook the double character
which these enemies sustain. They at the time
bclgereuts and traitors and subject the liabilities Of
both while the United States slstajnS the double char
OF beEeeu; and sovereign, and caTe the nights OF
both. These rights coexINt. and may be exercised al
pleasure Thus may treat the rebel Of rebel
pTivaeer merely prisoners OF war, or as pirates or
traitors or may. the time give 20 part Of
the crew the character and the residue the other
and after treating them as prisoners u war, We may ex
them sovereign power and deal wiki them
traitors The temporary non user Of such lghs y not
renanciation Of them, but they may he called into
practical exercise
Mr. Wharton in his Elements Of international law
lpage 355,) Sc strongly maintains bege.elt rights in
civil var, that OF his language would imply that
there no other rights. This however. could not
have been intended Il sovereg 81 rights be .:
1.-The war Is merely international. Civil RI
isrui imports that sovereign rights rot rerqash
ed. but insisted The i waged 10 maintain
them. Rose e. hmey q Cranch. Z72) was case 2ris
ag of the exercise OF sovereign rights by France
her ciyi! war with St Domingo The court recognized
the Cne1i,ience Of -ereHt and sovereign rights"
The United States have, during the present war ex
ercised both belligerent ar 1 sovereign rights
Examples OF the former receiving c2pituaiicn
Of the enemy prisoners OF war, ard holding and
changing them such and still more prominent
instance is the blockade which before the assembling II
Congress established By military authority Of lhe
Commal. der-in Chief
u an satisfied that :he United States asa nation,
have full and complete begerent rights. whirh il
degree impaired BY the fact that their enemies
aeg gAuce and have saVeEa5ded the guilt Of easoa
that Of unjust war"
/ The con6>cation of the property of those
engaged 10 rebellion an unsuccessful revoln-
ton is part Of the history Of civilized natioss
1t is deeply impressed upon English Ircisla-
ton during the last century Half the titles
OF the kingdom rest uDoJ acts and DEGREES Of
coufscalion. Such, too, is the history of
France Every one, l think, of the Thirteen
Colonies oonhseated the property Of enemies
within their respective Jurisdictions 10 the sine
of Our own Revolution. The property Of
Germau refugees who engaged in the revolu-
.ioa OF lS4S beyond question was cOufscated.
+ Ii is the policy aud practice Of every Gation
thcs to punish reiellion and treason In pass
Ing this bill. we are travelling in the beat. q
pa,h Of nations All men who understand the
trUe nature OF the struggle 10 which we are
engaged will hail this measure as just. and de-
ma8ded by q wise consideration OF our own in
terests, sud By the slrocious wickedness OF
I our enemy.
Agaia: objections is made 10 the BIZ because
I OF alleged unconsttutioua.ity. The Coustilu-
ton, after defaing the crime of treason, pro-
1 Eides that
Congress shan hare power 20 declare the punishment
OF treason bEr AtL2ilder OF treason shall work
EapIiOa OF biOod forelsare, exoeP; dlEng the LIE Of
TIE PsTS0a STAINED
What is :" attairder," s. here used 2 Sim
7 ply Judicial judgment against 40 offender for
/ The crime OF treason. The provision then is,