The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1864-02-10

lshed with less severity, SO far as 1t regard
! the estate of the criminal, than any othe
crime oriniisdeReanorl Whatsoever But, a
4 before said, the present law of confiscatioi
Pis based on the rights OF beligerents unde
ithe laws of war.
nando Wood few days since, in his ad
dress to, the House, gave us history of til,
rebelliohs which had occurred in this coun
try. Iwish to call his attention to anothel
rebellion in this country which be did not no
tices and in which the question of eonfisca.
stien was very fully aud very practically, dis
cnssed. This fact has not, believe, beer
/ brought to the attention of the House. Dc
gentlemen forget that this Union bad its ori-
gin in revolution, and that confscation played
"a very important part in the war of that Rev
olution !? II was a civil war :, and the colo
inies were far more equally divided in refer.
eEce to the question of loyalty and indepeh-
dence than the States of the South now are
on the question of to-day Many Of the
thirteen colonies had almost equal parties for
and against England in that struggle. In
New York the parties were of nearly equal
strength. In South Carolina it is claimed
that there were more Royalists than Wings.
Twenty thousand American Tories appeared
in the armies against us in the revolutionary
struggle. Thirty regiments of them held
their places in the British line.sa ss sse.,.,, 3
Our fathers had to deal with these men,
and with their estates. How did they solve
the problem ] have looked into the histo.
ry, and find it full of instruction. Every
one of the thirteen colonies, with single ex-
ception, confscated the real and personal
property of every Tory IN arms. They did
it, too, by the recommendation of Congress.
Not only So but they drove Tory SYM athi-
zers from the country, they would not per-
NIT them to remain upon American SOIL
Examine the statutes of every colony, ,ex-
eept of New Hampshire, which the tide of
battle never reached, and you will find con-
fscation laws of the most thorough and
sweeping character. When orr commission
ers were negotiating the treaty of peace, the
last matter of difference and discussion was
that of confscated property
The British commissioners urged the res
toration of confscated estates, but Jay and
Franklin and their colleagues defended the
right of eonfseation with great ability, and
refused to sign the treaty at all if that was to
be condition. While these negotiations
were pending, the colonies memorialized Con-
gress to guard against any concessions on the
point in dispute On the 18th day of De-
cember, 1882, the Legislature passed the fol-
lowing resolution M
That the laws this State conscating property held
under the laws OF the former Government (Which had
been dissolved and made void by those who have
been admitted into the present social compact being
founded on legal principles, strongly dictated hF
that principle of common Justice, demand that, if
tuous citizens in defense of their constitu
onai rights risk their life liberty and property their
success the vicious citizens who side with tyranny and
or who cloak themselves under the mask
neutrality should at least hazr their property and not
enjoy the benefits procured by the dangers of
those whose destruction they wished. .ssst Ft.-
That AL demands requests of the British Court for
the restitution of property codscaed by this State be-
ing neither supported by law, equity policy, are
G e & eng that Rsegates in
their depates, who shall represent these States in the
tongress for adjusting peace truce neither
made by independent State of this be subject
ed to the adjudication any power or powers earth
This resolution was passed unanimously by
the Legislature of Virginia, Similar resolu-
tions were passed by other States, and our
were instructed by Congress to
admit no conditions which would compel the
of .eonfscated estates. The COM
missioners compromised at last on the fifth,
article of the treaty of peace as it now stands
recorded, which provides that Congress shall
to the several colonies to restore
confscated property but it was well under
stood by both parties that it would not be
done. Congress passed the resolution of re-
eommendation as matter of form but no
State complied, nor was it expected 1t was,
however, provided that no further confsca-
tions should be made, and that Tories should
be permitted to remain in America twelve
months after the treaty. ,...
Mr.. Jefferson, when Secretary of State, in
1882, and writing upon that subject, held the
following language to the British Govern
ment through its minister; and / wish my
colleague Mr.. Finck who last occupied the
fioorto notice this extract so far as it relates
to the rights of belligerents: 81 "a e.F )
..sec. g. TT cannot be denied that the state of war
strictly permits nation the property of its
mics found within its nits taken in war; in
Whatever form it exists, whether action possession
This is perspieuously laid down by of tie most
spectacle writers subjects of this kind thatI shall
use his words Since itisa condition of that
that everything eney's found among his enemies
should change its owner, and go the treasury is
that the goods of enemies, well mnd ano,,g
those taken in war; shall be con6scated If we fol-
low the mere right Of war even 'gaue property may
cus.om with movable property But in almost all Eu-
rope it is only notified that che profits during the
shall be reeeived by the tressury and thee being
ended, the immoyabe property itself is restored, by
ag cement, to the former owner"
p Exile and confHcations rJta- la s5t5ia5s
After promising that these lawful acts of war
have shown q It the fifth article sndafor
and exiles but to to the State Legislature
restore them -, sy9s xt{f5i
the ntentof the parties and moreover that it par
tcuariy explained by the American negoators that the
or not, and probably wouidnot comply
That mat the British nfeot.ators so understood it;
That the British minisfry understood it 4sll
' And the members of both Houses of Fhrliament as
well those who approved who dsapproved the article
have shown that Congress didrecommend earnestly
'That the State refused or complied in greater or
Degree according to circumstances but more of them
in greater degree than expected-"-Jeeersoa's
:. And Jefferson concludes the passage by
saying that the to con6seate is undoubted as
a war right, He moreover goes on to say
the British Government knew they had no
right to demand that we should restore confis-
Gated properly, The members of Parlia-
ment admitted in their speeches that the
treaty was based upon the knowledge that
they had no right to demand the restitution
of confiscated estates. ; si..s d q
The Tories that fed to England called up
on the Crown to support them. A commits
sion was appointed to examine their claims
and provide for their wants. 1 say it is a
significant fact of the vast number of Tories.
perhaps not thousand remained in this
country after the war. The people would
not endure their presence. They. were driv-,
en- out, and took refuge in all quarters of the
globe They colenized New Brunswick, Nova
Scotia, and were scattered along the borders
of Canada. The States would not tolerate
the presence of the few who came back un-
der the provisions Of the treaty, refused them
the right of voting, or of holding office or
property It was well known that there
could be no peace between our loyal people
and them. Their history is sad record of
infamy, obscurity, and misery Some exhib.
tied their yengeful hate long after the war
was over. Girty and his associates who
murdered Crawford in the Indian wars of
1871 were Tories Of tbs. Revolution. Bowles
and pnrfon laadars sr,,f,rn 4 ho Cs-aaIr IrI;r...