Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-02-03

lnder the laws Of war.
The gentleman from New York Mr..
Fernando Wood) few days since, in his
address to the House, gave us history OF
he rebellions which had occurred IN this
country. wish to call his attention to
another rebellion in this country which ne
did not notice, and in which the question
OF confscstion was very fully snd very |
practically discussed. This fact has not, L
believe, been brought to the attention Of |
the House. Do gentlemen forget that this |
Union had its origin in revolution, and |
that eonfscation played very important
mart in the war Of that ReVolutionP 1t
was a civil war; snd the colonies were far
more equally divided in reference to the
question Of 10y slty and independence than
the States Of the South now are on the ques-
ton Of to-day. Many Of the thirteen colo
nies had almost equal parties for and
against Englsnd in that struggle. In New
York the parties were of nearly equal
strength. In South Carolina it is claimed
that there we're more Royslists than Wings.
Twenty thousand American Tories sp-
pessed in the armies against us in the rev
olutionary struggle. Thirty regiments Of
them held their places in the British line
Our fathers had to deal with these men,
and with their estates. How did they solve
the problem? have looked into the his
t3ry, and find it full of instruction. Every
one of the thirteen colonies, with single
exception, oonfseated the real and person i,
al property Of every Tory in arms. They
did it, toe, By the recommenpstiou Of Con
gress. Not only so, but they drove Tory
| sympsthizers from the country they
/ woui0 Hvt I,ysa-sL 4Larn In remain upon
| American coil. Examine the statutes Of
every country, except Of New Hampshire
which the tide of battle neverrescheei snd
you will find confscation laws Of the mos
thorough and sweeping character. when
cur commissioners were negotiating tn
treaty Of peace, the last matter Of differ
ence and discussion was that Of confsca
ted property.
Tne BRUSH commissioners urged the res
torAtion Of confscated estates, but jay an
Franklin and their colleagues defende
the right of confscstion with great ability
and refused to sign the treaty at all If ths
was TO be a condition. While these negC
: Iiations were pending, the Colonies me
morislized Congress to guard against an
concessions on the point in dispute. U
the I7th day of December, 1882, the Lel
3 isIature passed the following resolution
2 uThst the laws Of this State U5nnsca
. ! ing property held under the laws or u
E.. former Government which had been di
s solved and made vcid) by those who hs7
8 never been admitted into the present soel
> contract, being founded on legal primo
8 oles, were strongly dictated by that prll
e ciple of common justice, demand that,
J. virtuous citizens, in defense Of their na
P ural aud constitutional rights, risk tbs
e life, liberty, and property on their su
It cess, the vicious citizens who side with |
ranny and oppression, or who CLOAK tnei
e selves under the mask of neutrality, shou
d at least hazard their property, and not
d ioy the benefits procured by ths labors al
e dangers OF those whose destruction tn
a wished.
n nThst all demands or requests Of
Is British Court for the restitution Of pro
70 erty confscated by this State, being N
il her supported by law, equity, or polio
y are wholly inadmlssable, aud that our D.
- egates in Congress be instructed to mo
q Congress that they may direct their dep
il ties. who shall represent these States
" the General Congress for adjusting pea
,r or truce, neither to agree to any such II
il titution or submit that the laws made
d. auv independent State Of this Union
D subjected to the adjudication of any poW
Ell or powers on earth"
l. inns r. solution was passed unanlmout
= = u=-s:-:- Oil
I'd resolutions were passed BY other Stat
er and our commissioners were instructed
~ | Congress to admit no conditions VIII
g would compel the restoration Of conhscs
IN estates. The commissioners compromis
~ At last on The flI.h article of the treaty
rs peace as it now stands recorded, VIII
provides that Congress shall recommend
IL the several colonies to restore ooDhsca'
v property; but it wss well understood
e. both parties that it would not be do
be Congress passed the resolution OF reco
IN mendstion as q matter of form; but
n State complied, nor wss it expected.
was. however, provided that no furtl
be coniscations should be made, and that
ne ries should be permitted to remain
he America twelve months after the treaty
nd Mr.. Jefferson, when Secretary Of Sta
d. in 1892 and writing upon that suoJE
be held the following language to the Brit
as Government through its ministers an
ze wish my colleague Mr.. Finck who
re Occupied the floor, to notice this extra
so far as il relates to the rights Of bell
ed erents:
st "sEo. 8. It cannot be denied that
e state OF war strictly permits q nation
to seizs the property Of its enemies lou
within its own limits, or taken IN war, a
at in whatever form it exists, whether IN
~ ton or possession. This is SO perspl
ic ously laid down by one Of the most
It. spectacle writers on subjects Of this XII
:" that shall use his words: Since 1t
be condition of war that enemies may be
w. prived Of all their rights, it is reasous
st that everything or an enemy's, lou
among his enemies, should change its oV
vs. er and 90 the treasury. It is, morrow
7n usually directed, in all declarations
n. war. that the goods Of enemies, as "
at those found among us 30 those taken in "
,r- even immovsble property may be &c
to and its price carried into the treasury,
do is the custom with movable property.
at in almost all Europe it is only notified
i'll the profits, during the war, shall be
Of ceiyed by the treasury; and the war be-
off ended, the immovsble property itself is
Ter stored, by agreement 10 the former OF
err"
ed al. Exile and confsoations.
of After promising that these are Law
ws acts Of war, have shown that the fifth
nd ticle was recommendatary only, its sti
cir lat.ons being not to restore the conhs
I'll tions and exiles, but to recommend to
"a State Legislature to restore them
cal "That this word, having but one me
"a ing, establishes the intent Of the part
snd, moreover, that it was particularly
IS planned by the American negoiiators,
ar. the Legislatures would be free to com
in. with the recommendation OF not, and pl
w. ably would not comply;
is "Thst the British negotistors 80 unC