The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-11-06

high seas, q lawful subject of prize; but
simply to maintain that no capture of
property as prize can be so considered
technically, unless there be an act of
| capture on the high seas. In other words,
| that property captured or taken on land
az prize could not be considered as prize
IN the technical meaning of the phrase,
and the prize court would have no iuris-
| diction over it.
| The question presented-tO the court is
not without difficulty, but it is clear, from
| what has been before stated, that, in
| giving construction TO this statute it
will not do to be limited by the mere
technical sense of the words "prize
and capture" for in that case, it is
apparent, that a large and distinct class
OF property would be excluded from its
operation. And it is manifest from
the reading of the act, that property
other than such as might be captured up
on the sea, a0as intended to fall within its
provisions. For the act, independent of
the sweeping provision saHy property Of
1ohats0eUer Kind or description" expressly
declares that "sll such property ishere-
by declared to be lawful subject of prize
and capture WAnever found" To give
| Just construction therefore, TO the statute,
we must ascertain what the Congress in
tended, and to do this, after looking at
the words of the act itself, we may look
to the surrounding facts and circum-
stances which would properly have in
hnenced Congress- in its passage.
Aud in order that technical words us
| ed in the act may not be deprived of
their just weight in fixing its construc-
tion, we must regard the subject of it, and
see whether those technical words are
technical to its subject, for if they are,
they must be understood in their technic-
al sense. If the words used are not
technical TO the subject of the act, they
are improperly or inaccurately used, and
it is rule Of construction that il words
or expressions are used inaccurately,
they will be construed in the sense in-
tended, where that sense appears upon
the whole face of the act Now what is
the subj ject of the act we are considering?
tits the confscation Of property used
for insurrectionary purposes; and it is
| difficult TO perceive that the technical
words relied upon 10 govern the construc-
tion of the act are or can be technical to
that subject. For by said act new
class of forfeitures, if we may so term
them, is created, growing out of the pres
ent unhappy condition of our country,
and which were never before known to
our laws. These technical words then
cannot control us in our construction and
we must look to the whole body of the
act, ascertain the intention Of Congress in
passing IL, and construe the technical
words prize aud capture" in the sense
intended by them and not in the strict legal
sense in which they are usually under
stood.
The act declares that If "any person
or.persons, his, her, or their agent attor-
ney, or employee, shall purchase or ac-
quire, sell or give, any property Of t0hatso-
eOer END or description, with intent to use
oremploy the same, or suffer the same to
be used or employed, in aiding, abetting,
or promoting such insurreotiOn or resist
Ance TO the laws, or any person or per-
sons engaged therein; or if any person
or persons, being the owner or owners of
any such property, shall knowingly use
or employ the same as aforesaid, all such
property is hereby declared TO be lawful
subject of prize and capture wherever
found; and Il shall be the duty of the
Presiden of the United States to cause
| the same TO be seized, confscAted, and
! condemned" The language of this act
is broad and comprehensive, and looking
, to the surrounding facts and circumstan-
ces at the time, there being then formi-
dable rebellion in progress, the intention
of Congress, in enactng this law, must
, have been 10 deter persons from 30 using
and employing their property as TO aid
: and promote the insurreotion, and there
3 by to diminish and weaken the power ol
: the rebelliOn--And perhaps it was also
4 intended, by taking from him his prop
erty so unlawfully employed, TO inflict
: upon the party penalty for his miscon-
. duct in thus aiding and promoting . re-
+ sistance to the laws. What then is in.
: cluded, it may be asked, under thai
' broad language of the statute, 'aay prope,tI
4 of tghatsoeVer kind or description" which ii
: lawful subject of prize and capture, anC
n liable to be seized, .coniiscated, and con-
!. demned? We answer, that it is mani
e testify any property of whatsoever kind
f which is capable of being used or employ
l ed in aiding, abetting, or promoting th'
: insurrection. The only question, then, is
a whether real estate can be 30 used O.
/ employed; for if it can, there is no NOR
q reason why il should not be seized ant
1 con6scate d than any other description o
n property. Certainly the mischiefs to re
i suit from such use of it would be as grea
n as those from the use of property OF an
0 other kind. Suppose that person, wit
Il the avowed purpose Of aiding the insur
10 reotion, should purchase piece of groun'
h suitable for his object, and proceed !
N erect upon it the necessary buildings an
ID machinery for the manufacture of gun
8 and other small arms, aud he does pro
10 ceed, In accordance with his previous in
l. tent, TO the manufacture Of such weapon
D. of war, to supply the rebel Army--cAn
ie be oOntended that such property, real e.
if tate if you choose, is not used, and 8
TO eilectuAlly used, in aiding, abetting, {
le promoting the insurrection as any move
Is able properly whatever? And, if 81
At why should Il not be as much subie,
I'd of cohliscation as any other? All proI
n- erty used in its ordinary and legitimS
ne mode is exempt from the operation of II
be- act, but the moment IL is purchased
n acquired, sold or given, with intent
an use or employ il in aiding the insure,
er reotion, or il the ol0Rer knowingly and il
pd tentionAlly uses or employs his propert
he for such a purpose, il Immediately b,
A. comes the snhieet Of seizure and COZ
ch demnalion under the act, whether il
he real or personal property. The worl
"A | Unriya and eaDturen ia the syt were II