Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1864-02-27
ASHTABULA O., SATURDAY MORNING. FEBRUARY a. 1864

Citations were pending the colonies memor.
allied Congress to guard against any con.
cession on the point 10 dispute. On the
18th of December, 1882, the Legislature of
Virginia, by a unanimous vote, passed the
following resolution:
"That all demands or requests of the British
Courts for the restoration Of property confs-
Gated by this State, being neither supported
by law, equity, or policy, are wholly inadmissi.
BILE, and that our Delegates in Congress be in
structed to move Congress that they may di.
rect their deputies, who shall represent these
States 10 the General Congress for adiusticating
peace or truce, neither to agree to any such
restitution or submit that the laws made by
any independent State of this Uoion be subject
cd to the adjudication of any power or powers
on EARTH"
Similar resolutions were passed by other
| States, and our commissioners were in.
structed by Congress to admit no conditions
which would compel the restoration of
confscated estates. The final settlement
of the question will be found in fifth art
Gle of the treaty of peace as it now stands
recorded, which provided that Congress
should recommend to the several colonies
to restore coniscated property; but it was
well understood by both parties that it
would not be done. Congress passed the
resolution of recommendation as a matter
of form; but no State complied, uor was it
expected. 1t was, however, provided that
no further confScation should be made,
and that Tories should be permitted to re-
main in America twelve months after the
treaty.
In the debates of the English House of
Commons 10 1888, on the treaty of peace,
distinguished member said:
II certainly wish that better terms could
have been procured for the American loyalists;
but | do not think it was TO be expected, that
ut the end of a successful rebellion. those who
were successful and victorious should on any
terms, give their estates and possessions to
those with whom they had been contendng.
IT we had not made peace till that point was
given up. we must have gone to war to all eter.
Dity."
Thus revolutionary con6scation passed
into history by the consent and agreement
of both belligerents. Its principles were
also defended by our government after the
the adoption of the Constitution. In 1892
Mr.. Jefferson, then Secretary of State,
in answer TO some complaints of the British
Government, reviewed the whole question
at great length and with great ability
| asked my colleague Mr.. Finck to no
tice this extract which relates to belliger-
ent rights which be has just been discus
sing:
"It cannot be denied that the state of war
strictly permits q nation to seize the property
of its enemies found within its own limit or
taken in war, and in whatever form it exists,
whether in action or possession. This is SO
perspicuously laid down by one Of the most re-.
spectacle writer's on subjects of this kind, that
shall use his words: Since it is condition
I of war that enemies may be deprived of all
their rights, it is reasonable that everything
of an enemy's found among bis enemies. should
Change its owner, and 60 to the treasury. 1t
is, moreover, usually directed, in all declara-
tions of war, that the goods Of enemies, as
well as those found among US as those taken in
war, shall be confscated. If we follow the
mere right of war, even immOuable property
may be sold, and its price carried into the
treasury, as is the custom with movable prop
erty. But in almost all Europe it is only not-
fed that the profits, during the war, shall be
received by the treasury, and the war being
ended, the immovabe property itself is restor-
ed, by agreement, to the former owner"
EXILE AND CoNFIsCATIoNs.
"After promising that these are lawful acts
of war, have shown that the filth article was
recon,mendatory only, its stipuations being, not
to restore the confScatons and exiles, but to
recommend to the State Legislature to restore
them;
s'rhat this word, having but one meaning,
establishes the intent of the parties, and, more.
over, that it was particularly explained by the
American negotiatOrs, that the Legislatures
would be free TO comply with the recommenda-
ton or not and probably would not comply;
THAT the British negotidtors so understood
it;
THAT the British ministry so understood it;
"And the members of both Houses of Par
iament as well those who approved as who
disapproved the article. Works,
vol. 3.
Thus the revolutionary fathers. both be-
fore and after the adoption of the Constl
tuition, defended conGscation.
The Tories that fed to England called
upon the Crown for support. A commits.
sion was appointed to examine their claims
and provide for their wants. IL is signl'
fcant fact that of the vast numbers OF
Tories perhaps not a thousand remained 10
this country after the war. The people
would not enjoy their presence. They
we're driven out, and took refuge in al
quarters of the globe. They colonizet
New Brunswick and Nova Scotia, and wer,
scattered along the borders of Canada.-
, The States would show no favor, even t.
the few who came back under the provis
! ion of the treaty, and refused them tn
right of voting, or of holding office o
property. 1t was well known that ther
} could be no peace between them and ou
5 loyal people. Their history is sad recor
D OF infamy, obscurity, and misery. Som
J. exhibited their vengeful hate long after tn
: war was over. Girty aud his associates
t who murdered Crawford in the India
y wars of 1891, where Tories of the Revolt
}. ton. Bowles and Panton, leaders amon
!, the Greek Indians, aud who started th
9 Florida troubles. which resulted in loa
y and bloody conflict in the swamps OF the
: State, were Tories AS class, they wel
}. out with the brand Of Cain upon then
e aud we're not permitted to return.
q One State alone relented. South Carr
l lima passed an act of oblivion, restored