Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-10-24

tory acquired bv arms This i an errors grave
and dangerous error
Conquest Of a foreign country gives absolute
anil unlimited sovereign rights But 30 nation
makes such conquest Of It's own territory
III hostile power. either from without OF sl.hih
a nation, takes possession and holds absolute
dominion over any portion Of lie territory and
the nation by force of arms expels or overthrows
the enemy and suppresses hostiiities, II acquires
no new ti:le. but merely regains the possession Of
which il had been temporarily deprived The
nation acquires no new sovereignty, but merely
20 maintain IL previous nights.
Another objection 60 these decisions Of the
district courts j. founded upon the apprehension
that they nav lead 10 or eouutenance crael and
imoolitic conhscaiions Of private property found
on hand This apprehension j. unf unded. No
such consequences can legtimately follow. These
decisions undoubtedly assert that the United
States have the rights OF beiigerenf; but the
extent Of sho-e rights on land, Dr the manner in
which they are To be exercised, were not discuss
ell They not even adverted To, except to
say that the enemy's property found by belliger
ents on land, within his own country. ON the
breaking out OF war. will not be condemned by
the courts. although il could be if found At sea.
The distinction so far az il goes tends 10 show
that the doctrine Of maritime captures il not to
be applied 10 seizures on land But the danger
upon this objection Is founded doe not arise from
the administration Of the prize laws by the
courts or the exercise OF beiligerent rights by
military commanders upon military exigincIes.
The objection really arises from fear of the legs
lation OF Congress II is appreheuded that they
NAV pass sweeping or general acts Of confsci-
ton. 10 take practical effect only after the rebel
lion shall have been suppressed; that whole e.
tates real and personal. which have not been
seized during the war, my be taken
and confscated upon coming within
reach of the government after hostili-
ties shall have ceased. This. as we have
seen, would not be the exercise OF bellgerent
rights the being at AN end. Bellgerent con
fscatiOns take effect only upon property of which
possession is taken during the war As agains;
property which continues under the control oil
the enemy they are wholly imperative. If p1s
session be acquired by or after the peace, then
previous legislation may take effect. but II will
be By the right OF sovereignty. not as An act oil
war Under despOtic governments the power OF
municipal contiscation may be unlimited. but
under our government the right of spvereignts
over anv portion Of State is given and limited
by the Constitution, and will be the same after
the war IA il before. When the United
States takes possession of any rebel district the,
acquire no new title, but merely yind!cate thu
which previously existed aud are TO do only wha
is necessary for that purpose. Conhscations o
property. not for anv use that has been made o
il, which go not against offending thing, bu
are inflicted for the personal delinquency of th'
owner are punatve, and punishment should b
inflicted only upon due conviction of persona
guilt What offenses shall be credited aud wha
penalties iii xed must be LETT to the justice AM
wisdom Of Congress within the limits prescrIbe
by the Constitution Such penal enactment
have no connection whatever with the decision
of prize courts enforcing belligerent rights upo
property captured at during the