The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1864-02-23
coNFiscATED PROPERTY


/ bad f0i iuFpudfd 10 occupy ihr time
a ibe House Ia discussing ihr snlicci
nov under consideration, hui a. thr dr.
bate has assumed proportions whiol |
did not anticipate, snd a. am a mem.
bei II tie commitec which reported
The joint resolution, Il Is due 10 myself,
briefly As naay, 10 express The views
which control nay aciion. ! shall treat
the eonhscaliop sci, . far ~ legis!a-
tion i Concerned, as"res adJ0dicata- F"
The various questions arising under IL
upon which the best minds Of the last
Congress honestly differed, viii doobi-
less, when Tbs proper occasion arises,
receive a judicial construction from the
T highest legal tribunal in The land.
Admitting couhscalion to le the set
tied policy Of the country. and the con-
dscatiou act to be the law Of The land,
/ ! shall direct my remarks TO the point
as TO how far the property Of the reb-
els may be taken under il, and whether
I there is any constitutional objectionIo 10
enforcing its provisions to the extent
claimed by lis friends.
Respecting the rebellious States,
two extreme grounds seem 10 have
been taken. First, that they are still
in the Union, with all their former
rights not impaired, but temporarily
suspended by violence aud wicked re-
bcllion, and that upon its suppression
ali these rights again vest. Second,
that they are out Of the Union, having
forfeited, by solemn remuneration Of
their obligations TO the Federal Gov
ernment and war upon it, all claim to
the rights and privileges accorded TO
them by the Constitution. and hence
are 70 be treated as alien enemies. l
confess, SIR that with my present
views, am inclined as between the
Two 10 adop, the iint position, with i'm
por,aul notifications.
am accustomed 10 listen to the dis
tinguishel and experienced gentleman
from Pennsylvania with the greatest
interest, aud always dislrust myself
when differ from him; but, sir, wien
we admit tue iebellious States 10 be
bcliigercnis aud alien enemies, the war
assumes an aspect and is controlled by
laws and principles which do not pro-
poso 10 extend 20 rebels in arms. As
alien enemies they are TO be treated
under The law Ct nations, and no mu-
nicipal regulation or law of ours can
affect their status eihter as to person
or property; OF IN other words 1t can
neither add 10 nor detraet from their
rights as established by lhe law Of ia
lions. When We coucede them TO be
alien enmies, we concede the territory
which they occupy TO be alien terri
Tory. By force Of arms We may occu
ny il, bur by occupancy we do not di-
vest the title 10 the reality except 50
far as il may rest in the pubic. Sup
pose We were II war with Great Brit.
tain, and marched our armies into Can-
ada. Hy the law OF nations we may
occupy and use their lands for the con-
yenlence and comfort Of our armies,
or we-may use or take away, subject
10 our own municipal regulations,
whatever personally We may capture (;
but could We dyest under the law of
nations the title 10 the reality! ] think
not and hence it we treat the rebels
as alien enemies the confscation act is
unnecessary.
Are the rebels alien enemies ! lfthe
rebellious States are de jure out OF the
Union, they may be. II The rebelious
States are within the Union, they can
not be. The position Of the South, so
far as the character Of the war is con.
cerned, depends, in my judgement,
upon the solution of single question.
Can State, either by an ordinance
Of secession or by the uprising OF the
people, take itself out OF the UnionY
do not consider il necessary to dis
cuss this point TO loyal and intelligent
gentlemen. Upon the other hand, if
We adopt the view that the rebeIlious
States have not dissolved their allegi-
ance 20 and connection with the Union,
then coniiscaiion law is not only
wise but may be legally enforced
Treat the rebels as rebels, and the war
as rebellion, aud the conhscation ael
as municipal regulation is effective,
and effective upon the ground that il
operates upon the properly Of those
who have wiekedly renounced and OPP
posed by arms the Government to
which they owe allegiance. Treat
them as alien enemies, and the war Us
contest between nations, and tie ele-
ment Of allegiance drops out, and the
law Of nations alone is applicable to
the conflict. The municipal regula-
iions Of neither one side or the other
can change the status or condition 81
either person Or property.
Noa, SIR, the coniiscagion act pro-
ceeds upon the distinct ground that
the war is rebellion, and tha, those
engaged ~ il are rtlsis. Tie first see
i'on provides thai every person who
shall commit ihe crime u tfea.on a.
gsiasi tAe lnned States. and shall be
sdJudged euilly thereof. shall suffer
aeaih, and All hls slaves, i any, shall
be dscared and made iree on, Al the
discretion q the court, he shali be i'm
pflsoued ior not less than fre years,
and iiBed not less Than tea shousand
deliafs. aud All his SLAVES he declared