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

The Governor and Council were EN-.
powered 10 declare the forfeitures, and
only one month was given to the owner
to come forward and contest their de
cision. lSee Henning's Virginia Stat
utes at Large, p. &C..
Maryland, in 1880, by e sweeping
act, provided that
"Ap property within this State
debts only excepted, belonging to Brit.
ish subjects shall be seized, and is here
by contscated to the use of this State .
The act appointed commissioners to
administer the property.
In Smith Us. Maryland (6 Cranch,
3o6) the Supreme Court, per Marshall,
Chief Justice, hold that no act of com
missioners was necessary in order to
give seizin of the lands thus confiscated
TO the purchaser under the State, and
remark that
"The law considers that all property
belonging to British subject was, by
the mere operation of the law, seized
and coetfscated."
Pennsylvania, by her act of the 9th
of November, l779, declared
"That all and every right, title, inter
est, property, claim, and demand of the
heirs, devisees, grantees, or others
claiming as proprietors of Pennsylva-
mia, whereof they or either of them
stood seized, or to which they or any
of them were entitled, or which to
them were deemed to belong, on the 4th
day of July, in the year 1875, of, in, OF
to the soil and land contained within
the limits of the said late province,
now State of Pennsylvania, or any part
thereof, together with the royalists,
franchises, lordships and all others, the
heraditaments and premises comprised,
mentioned, and granted in the same
charter or letters patent of the said
King Charles the Second, except as
hereinafter excepted, shall be, and they
are hereby, vested to the Common
wealth of Pennsylvania, for the use
and benefit of the citizens thereof,
freed from all uses, trusts, entrails," &c.
In commenting upon this statute the
Supreme Court, per Justice Marshall,
says
"Wben the war Of our Revolution
commenced, the Proprietary went to
Great Britain, and was consequently,
to be considered as British subject,
not as an American citizen. The righ,
to confscote his property or to leave Il
untouched acds IN the Government OF
Pennsylvania" Kirk VS.. Smith, 9
WheatOn's Reports, p. 24l.
1t is noticeable that, in the preamble
of the act, the Legislature put the con-
fiscation on the ground that the "safety
and happiness of the people is the fun
damental law of society,"" and that "the
good people of that State demanded il
as some indemnity for the blood anG
treasure they had expended in the war
of liberty,
In October, 1779, New York declared
long list of persons attained and
guilty of treason, and that
"All and singular the estate, both
real and personal, held or claimed by
them, the said persons, severaly and
respectively, whether in possession, re
mainder, or reversion, within this State
shall be, and are hereby declared to be
forfeited to and vested in the people o
this State''-2 Neac York, Greenledf.
Edition, vol. l. p, 26.
A subsequent clause applies the at
tainer and forfeiture to all persons VIII,
might be presented under the act by
grand jury and found guilty on trial
or who should not, after publication o
notice, appear and traverse the indict
ment.
BY her act of 1874, (page l27, of tn,
same volume,) all these cOntiscalion'
are expressly confirmed, by the name
of "confscdtions," and provisions mad,
for the sale of the property, and th'
application of the proceeds to the pay
ment of her public debt.
In 1777, Massachusetts passed AZ
act treating the estates of refugees wht
had left the State to join the British, a
the estates of deceased persons, anC
requiring the surplus personal property
after the payment Of debts, to be de
posted in the State treasury.
In 1888, she passed an act of ban
ishment against three hundred and
eight persons, and decreed the penalty
of death in case of their return. Gan
cient Charters and Laws OF Massachu
setts, in Appendix.
And by subsequent act during tn,
war, she cOnfiscated the property o
twenty-nine persons, whom she demon
mated notorious conspirators, ant
among them fifteen were counsellors
two had been Governor, one Lieutenan
Governor, one treasurer, one attorne,
general, one chief justice, and fou
commissioners Of the customs.
New Hampshire, also, besides ban
ishing seventy six of her former citi
zens, confiscated the estates of twenty
eight of them.
New Jersey was not less in earnes
in the work of prescription and confs
cation. One of her acts punished trai
tors and disaffected persons; anothe
leased out the real estate of certain fu
gitives and offenders and third for
feited and vested in the State the rea
property of sundry persons.
And Delaware, too, forfeited and con
fiscated to the State the property, ooti
real and personal, of forty-sIx persons
by name, subject to the payment o
their debts, unless they should giv'
themselves up for trial for treason.