Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-01-22

THE joint resolution, explanatory Of 81
"Act to suppress insurrcction, punish trea
son and rebellion, to seize and cOnfscate th'
property of rebels and for other purposes,
being under consideration, Mr.. Cox said:
! do not desire to detain the House at any
q, length. The general subject of confiscation
its legality and policy was exhaustingly dis
cussed in the last Congress. may be- al
/ lowedto add q few considerations to those
which have heretofore been offered here
first, as to the general policy of the confs-
cation system, with view TO putting down
this rebellion; and secondly, as to the spe-
cific mode pointed out by this bill and It's
amendments
NV impression is that the confiseatiou
system has been an utter failure. Because
it has failed, we are to have it newly tinker
ed session after session, and from day to
day, with view to encourage rapacity and
aggravate grievances. Such legislation,
sir, only stimulates rebellion. 1t destroys
what remnant of Union feeling may be still
remaining in the South. 1t ignores the
first lesson of history, what has been truly
called ''the principle observation of the best
historians, that a whole nation, how con-
SOCNCIs llOJ UC SO luIcllScU
| by any prince or State, how powerful So
ever, as to be driven to take desperate
courses" Instead of disarming the rebel,
it arms him, when nearly exhausted, with
the weapons of revenge and despair.
Mr.. Burke once said, speaking of Amer
lea: '..'-.......
You can not frame an indictment against whole
people.
Neither can you, sir, administer a sweep
ing penalty upon them.
History is, alas, too full of examples OF
the ruthless savagery OF c0nfiscatiOn. In
proportion to the atrocities have been the
resistance of the people and desolatlon OF
the lands to which such savagery has been
applied. If should wish to present case
where all the horrors of subjugation, penu-
ry, devastation and confiscation have been
felt, would go to Ireland. Crushed by the
cruelty of system similar to that now and
here sought to be inaugurated, Ireland
points with skeleton finger continually in
all her sad history her warning to our rulers
do not think these cruelties of England
toward Ireland are attributable solely tC
the Puritan spirit of the time of Cromwell
although l find in her history an appeal
from New England, in the person of one Of
her pastors, to Old England, to make the
| English sword drunk with Irish blood, tC
make them heaps upon heaps, their country
a dwelling-place for dragons, an astonish-
ment to nations" These eXcesses were not
the result of religious bigotry alone. They
date from the earliest connection of Ireland
with England. All her rebellions were the
reaction of suffering against rapine. With
permission, extract from Smythe's Ireland
Historical and Statistical, volume eleven
page III, the terrible lesson have ponder
ed on the general subject of confscation.-
After the expulsion of James from the
throne of England the slender relics of Irish
possessions became the subject of fresh con-
! .fscations. From report made in 1898 II
; appears that nearly 1000 Irish subjects were
outlawed, and their possessions, amounting
to 1,060,792 acres, confiscated. The area o.
i Ireland is estimated at 1l,0426S2 acres
1.-The historian says that the forfeitures in the
reign OF, Elizabeth and Mary were 283S, 81;
acres; in the reign of James /, at the Resto-
ration, and in 1858, the forfeitures were II,
697,629 acres; SO that the whole island has
been confiscated, and some parts twice. II
one century no inconsiderable portion Of
the island was confiscated twice, or perhaps
thrice: SO that at the union the situation O
Ireland is unparalleled in the history of the
world. Such universal ruin only served
then, as it will serve in this devoted land, tt
inspire hatred and scorn toward the con.
quered people whom the victors delighted
/ to trample upon. Retaliation and murdel
followed closely upon the heels of confisca
ytion. tVsa ~ '.t
There is not wise man who has pictured
this history but,has condemned the impoli
Fey, not to say the illegality, of the forfei
ftures. They operated always against tn,
,conclusion of the war. Had the Irish beer
-.regarded as alien enemies instead of domes
tic rebels they would have had one relief
tthey would have retained their possession
under the established law of civilized ma
tions. ,Js ,,.s..-r,. .i .va a-r4 -af
q If fIwere to assume the premises some
ltimes assumed by gentlemen upon the 9th
er side of the House, that this war is ter
o ritorial war, and that every man, woman
ihand child, loyal or disloyal, within tn
limits of the belligerent territory are aliel
enemies and should suffer all the conse
Iquences of belligerency, according to tn
law of nations, then there would be N,
foundation at all for acts of this kind. |
the rebel becomes the enemy, you canno
confiscate the private properly as these bill
propose. If there be line of force, pro
tected by bayonets, which, according to tn
Supreme Court in the Hiawatha case, make
the Confederacy de Jdcto Government;
this be true, as argued by the Solicitor O
the War Department., and as has beenargue
by gentleman in the other end of the Cap
litol, then there can be no confiscation Q
trebel property at all in the manner pre-
iscribed by the eoniiscation act But d
not propose to inquire too curiously int
this matter, thoughit may well engage th
attention of jurists to inquire how treaso
can be alleged or conflscation follow wher
the accused were under the dominion of
power capable of coercing allegiance to j
/ and holding the sword of the magistrate d
Ifdcto, though not de jure. Protection an
allegiance are correllatiVe. While govern
ment gives the one, it may command tn
lother!o If It fail to give projections, woul
, it be just or rational to punish for treason
/ This Subject Is treated in the books, and, in
/ deed, was theesubject of English statute
( It is thus stated by the writer in the Amer
can Cyclopedia, under the title Treason:
| But from the obvious sbsurdity Of exactng fro
| every individual soundl or rather fortunat
Judgment rs TO the obscure and complicated grount
on which the claim to sovereignty often rested II b
4 came and still remains well settled rule, that
one incurs the guilt of treason by adherence TO
liking or Government de Jdcto. although that Xii
lor Government has but, the right OF o, ,suceessf
Irebel. nd'loses it all by subseqfent defeat
EF,Itseems to- hayeE been adopted by u
dominant party in this House that this col