The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-12
CONFISCATION.
SPEECH OF
HON. J. A. GARFIELD,
O1N ONO
OF OHIO.


Mr. Speaker, had not intendcd to ask
tho attention of the House, or to occupy its
timo on this question of confiscation at all,
but somc things bavo been said touching
it's military aspects which mako it proper
for mo to trespOss upou tho patience of the
House oven at this late period Of the discus.
sion. Feeling that, in some small degree,
represent on this floor tho Army OF tho Ro.
public, am the moro omboldcned to speak
of this ject before me. have been sur
prlscd that in 80 lengthy and ablo dis
cussion so litllo reference has been made 10
tho meris of tho resolution itself. Very
much Of tho debate has had reference TO
questions which believe, with oil deforence
to the better judgment and maturcr expe-
rionce of othors, arc not germano to tho
subject before the House. In the wide
range OF discussion tho various theories Of
the legal and political status of tho robell-
ious States have been examned-whothcr
they exist any longer us States, whothor
thoy are in tho Union or ont Of il. 1t is
perhaps necessary that Ne take ground
upon that question as preliminary TO tho
discussion of the resolution itself. Two
theories, differing widely from each other,
have been proposed; but cannot consider
either of them as wholly correct I cannot
agreo with tho distinguished gentleman
from Pennsylvania. Mr.. Stevens] who ac.
knowledges that these States arc out Of the
Union and now constitute foreign people.
Nor can l. on tho other hand agree with
those who believe that tho insurgent States
aro not only in tho Union, but bave lost
none of their rights under tho Constitution
and laws Of tho Union.
Our situation affords singular parallel
to that Of the people Of Great Britain 10
their great revolution of the sevontoenth
century. From time immemorial it was the
fiction Of English law that the kingship
was immortal, hereditary, and inalicnablo
that the king was king by tho grace OF
God !" he could do no wrong and his throne
could never be vacant. But the logic oil
events brought these questions to q practi.
cal test.
James left tho throne, throw tho groa,
seal Of the nation into tho Thames, and
| fleeing from his own people took refuge in
Franco. Tho great statesman of tho king
dom took counsel together on somo of the
very questions which We are discussing to.
day, Ono said, Tho king has abdichtcd
and we will put another 10 his place." An.
othor said, Tho crown is hereditary, and
VIC must put tho heir in his place. -
Tho men of books and black letter learning
answered, ".Ntmo est heres ciusndi;" "tht
king 10 alive. and can have no heir" An
other said, "Wo will appoint regent, and
consider the kingsbip in abeyanco until tbt
king returns" Tho people said, 1--WE vii
have king, but no; James."
Through oil this s,ruceie two facts were
apparent: tho throno was vacant anc
their king was unworthy to fiil il; and the,
filed it with the man OF their choice. W,
are taught by this that whenever a grea
people dcsiie to do thing which ought t.
be done, they will find the means of doing il
In this Government We have thrown off Il,
kipgjy fiction. but there is another whicl
VIC arc following ns slavshly as ever Eng
land followed that. Here, corporations al,
moro than kings. 1t ;s the doctrine of ou
common law lit We mag be said to have
common law that corporations have noi,h
or souls or conscicnces TINT they canno
commit crimes that they cannot DO pm
ished, and that they arc immortal. ThCs
propositions are being applied to the rebe
States. They are corporations of politi
cal character, bodies corporate and polite
they arc immortal and cannot be touche
by the justice of law. or by the power of al
outraged Government. They hover aroun
oarrv;no oa, DAN J., ,bo;r "o",so an1 ro, ~
oro ;oId tbov connot ho nnnisbod or thai
onciont r;ohta invaded
Tbo roerIo r,ha South rrdor thu a
roo,;on Of nbsnton, s,otoa ,ro p,ov;nr m
nowers Of cor,h nnd hail TO dostroS thi
Eovornmc,t Tbov nlcaa Tho ordcr 6
,h,;r S,ntoa ne ,bo,r rsb;o,d from nnn;sl
, mon, md Tho s,.,os r,oaT Tho ;n,nrni,y ,
sonI,oss nornoro,,ons
Rn, ,ho hmericsn ~ roo,,o will M. ha 4,
,,dod Inv ,hose thon,ips ,,or wos,e limo
y d;sonssiDo ,bo,, Tho, ,vi,I s,ril,o ,h,ouo
all shoms wi,h Tho swo,I and cd n nm,
t;ooI soin,ion ,s E,aI,na Ala And wbot
,hat n,oc,ic,i sols,;on Tba sun,en
f"a r"., 81 ,h, rai,oJ Sat-. boz bo,npa ,
-, ~. ,'o;nt i, o,a or ,ho rr;so o,sos !,
a ~ "idad ,' Mor"h Isea r. :, p,horo S.,o;J,
H,DaT ~ aeaoiN - '0'' ''N'' N'
"Tbo, ,;,co J,,v 10 1se, tbo JTn;t,
S,.tos h,vaf,I, haii;oa,o,, r;ah,s sr,irs, q
os;ain IT, ;,' So S;a,,ia,a Sad,arna
po,'I"a pna.iIos 'ess s.,a,.,;on ~ .v - " =" ~ >
hoI,ion" hal :" ' ~ " "
'01T" ,Tn", ,,o of ,bo,
.;ni tN' atU W. "nsort ornr. oi,;~an
T. CIV, hs,,r y, in' s",s, 'o nt,;o I,oS UA'" q,
no ,roo, nJ9,V h;n, ,ooo,dino,v m wha,osor NAV h,
noon lie nrosioua snudnc,"
"That ~ pI II, ,hn riohta dor;vod from, u
l. ,,a "s, 80 az anu nnw ",J s;r.o isGi no % invs'
ID 10 law, and constitn,ionoIiv escrcised against