The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-04-03
Confederate Government; all the civil off


down their arms within a given time. To
secure the condemnation OF property thus
seized, proceedings IN rem are to be institll-
ted wherever TIL. property may be found,
which proceeding shall follow the proceed
ings in admiralty or revenue cases, and the
same shall he condemned as enemies prop
crty, and become the property of the United
States, and the proceeds paid into the Treas
ury of the United States. 9th section act
of 18th July, 1862 The eighth section pro-
yitlcs that the court shall make all necessary
orders. and the marsals shall make deeds
and conveyances for such property to the
purchaser, and then such titles shall be good
and valid This law is unrcpealcd. 1t IL
full force, and stands on the statute book as
one of the laws which the President swore to
execute. (Would to God he had obeycd his
oath Let US see that we obey ours) 1t
may be objected that the Government is
stretching its powers in making such contis-
cations. That was aquestion well consider
ed when the act of 1862 was passed. 1t must
| be remembered that this is not an open ques
ton I'VE are merely considering the enforce
ment of an existing law But will briefly
review some of the arguments in favor of the
right. We are treating these belligerents
simply as enemies, and hcirproperty as enc
mics property now in the possession and
power of the conqueror. BY the law5of ma
lions in its most stringent provision all the
property. liberty, and lives of a conquered
enemy who has waged an unjust war are at
the disposal of the victor. Modern civiliza-
ton will seldom justify the exercise of the
extreme right. The lives, the liberty, and,
in most cases, the real property of the van
pushed are left untouched. The property,
however, of the vanquished is held in some
shape liable to pay the expenses and DANA
ges sustained by the injured party. Ifpeace
is brought about by treaty, tits usually stIp-
ulated that the expenses and damages shall
be paid by the defeated belligerent. As
| such remuneration must be levied as taxes
on the subjects, it doessubiect all their prop
erty to this burden. Where there is no gov
ernmcnt capable of making terms of peace,
thclaw- making powered the conquercr must
| fix the terms. This gives them sufficient
right to take just such property as it may
deem proper. Where the subdued belligcr-
ent is composed of traitors, their personal
crimes aggravate their belligerent oifense and
justify severer treatment, just as tribe OF
savages are treated with more rigor than
civilized foes. From such people much
more might and ought to be cxacted than
| from all honorable enemy Whenever exam
pie requires 1t, heavy fines should be impos-
ed and the criminals reduced to poverty, as
was properly required by our excellent Pres
ident Vattel says: "When, therefore, lie
has subdued hostile nation, he undeniably
may, in the first place, do himself justice re-
specting the object which has given rise to
the war, and indemnify himself for the ex-
| penscs and damages which he has sustained
by it," Haleck opp. 45O says that by strict
right property on land and real estate is sub
,jcct to seizure, though seldom enforced with
an ordinary enemy. All writers agree with
| Vattcl Gp. $500: THUS a corqueror who has
taken up arms not only against the soyer-
eign, but against the nation herself. and
whose intention it was TO subdue fierce and
Savage people, and once for all to reduce an
obstinate enemy, such conqueror may with
justice lay burdens on the conquered nation,
both as compensation for the expenses of the
war and as punishment" Apply these
principles to the case in hand. The cause
of the War was Slavery. We have liberated
the slaves. 1t is our duty to protect them
and provide for them while they arc unable
", ljiONItiC lOE tHtilSciNCS. IIdNc We Hol Il
righ5. in the language of Vattel TO do our
selves justice respecting the object which has
cadsed the war; by taking lands for home
steads for these objects of the war y Have
we not a right, if we choose to 90 to that ex-
tent, to indemnify ourselves for the expenses
and damages caused by the war; We might
make the property of the enemy pay the four
billions of dollars which we have expended
as well as the damages inflicted on loyal men
by confscation and invasion, which might
reach billion more This bill is mcrciful,
asking less than onc-tenth Of our just claims
We could be further Justified in intlicting
severe penalties upon this whole hostile peo-
pie as g a fierce and savage people, as an
obstinate enemy" whom 1t is a duty to
tame and punish. Our future safety requires
stern justice. What more savage or fierce
people" than they who deliberately starved
to death 10000 prisoners of war; who shot
or reduced to bondage all captive soldiers of
the colored race; who sought to burn our
cities through secret agents; who sent intcc-
ted nlatrials into our most popHlous towns
to destroy non combatants, old men, womef.
and children, by the most loathsomc and IA
tai diseases; and who consummated their
barbarism by the assassination of the mild
est of rulers and the hest of men? If this
is not a fierce and savage enemy" whom we
have a right to reduce to absolute submis-
sion and dependence, point me out one to
which the language of Vattel will apply
You would do great injustice to those mild
savagcs who owed us no allegiance, by
pointing to those who pcrpetrated the mas
sacrc of Wypming or to the Camanches, OF
the wild Indians of the West, or the fierce
tribes Of the Oronoco-and yet you seize their
lands and expcl them from their native coun-
try. Isuppose none viii deny the right to con
iiscate the property of the several belligercnt
States, as they all made war as States, or of
the Confederate States of America; for no
one ever denied the right of the coaqneror
to the crown property of the vanquished
sovereign, even where the seizure of private
property would not be justified by the cir
cumstances That would give us all called
for by the first section of tile bill. | believe
Texas has about 110,000,000 acres. She re-
tanned all her public lands al! the time Of
annexation on the condition of paying her
own debts; and atterward called On the
United States Government for the payment
OF those very debts. and procurcdit. Ikno,7
not how much the other States may have:
possibly enough to make up, with Texas,
n 150,000,0o0 acres. But it is said that any
OF the property of the sovereign is subject to
seizure by the conqueror; in ordinary wars
between monarchics such is the fact; hut
that is not the case where the war is made
on whole hostile people-7"'a fierce and
savage people" But, admitting the limisa-
ton to prevail, still it does not obstruct US.
Here is belligerent made up Of men whose