New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-19

- = Il n < ~ 49, " l. II
bu1 TIT 0t6R pooes ~ - tho
|tlI1ey - taDei1ln& 141-eenl -
city Of ro6el6. Yh0 iep&1a&e ~ ssthaS r.
insaro' the speady tetm thaeacn. q the pres
ent rebelkOn, tshal b the aufy Of tho
President Of tho United States e cajlse tho
seizure Of all tho estate and property,
persons hereinafter named IN thus section,
and to apply and use the same, and the pro-
cecde thereof, for the support Of the army
of the United States" Then follows de-
scriptiOn Of Fix classes of persons, those re-
ferred to as the persons whose property
should be liable to seizure. The sixth sec
ton describes still another class. Now, tho
avowed purpose of all this was, mot to
reach any criminal personally, but Ito in
sure the speedy termination Of the rebel
lion" then present, which was war, which
Congress had recognized AZ o war, and
which this court has decided was then .
war. The purpose avOwed then was legiti-
mate, such as Congress, in the situation of
the country, might cOnstitutioually enter
tain, and the provisions made to carry out
the purpose, viz, cOnfscation, were legiti-
mate, unless applied to others than enemies.
1t is argued, however, that the cnactments
were for the confscation of property of
rebels designated as such, and that the law
Of nations allows cOpfscatiOn only Of enc
mies' property. But the argument over
looks the fact that the rebellion then exist
ing was war. And, it 50, those engaged
in it were public enemies. The statute re-
ferred exclusively to the rebellion then in
progress. Whatever may be true in regard
to rebellion which does not rise to the
magnitude Of war, it must be that when
are engaged in it are to be regarded as enc
mics. And they are not the less such be-
cause they ore also rebels. They are equally
well designated as rebels or enemies. Re
garded as description persOnarunl, the words
''rebe!s" and ''enemies," in such q state OF
things. are Synonymous. And. If this is
true, it is evident the statute, in den0lninat-
ing the war rebellion, and the persons whose
property it attempts to c0ntscate rebels,
may, ut least, have intended to speak az; Of =,
war and OF pubic enemies: were TINS all
that could be said it would be enough, for
when statute WILL bear two constructions,
one OF winch would be within the cOnetltu-
tlOnal power OF Congress TO enforce, and
the other q transgreselOn OF the power, that
must be adopted which u consistent with
the constitution. 1t Is anyways Prcsump-
ton that the Legislature acts within the
scope Of ITS authority. But there u much
mo ore IN snl -. ease ~ = mP".s'ole 70 .S S;s
t; ao e0 aes asno ~ e.. ss o.ea .: US
s';.i I ~ ~ ten .nG ns: iOi *;;I.
~acn .voA ~ :Jo Puns .s :. .nu.s .a
Ia sasuo ~ .nc sosoleign pIwer' anu tne
s s* s:cslon.' w1'cn :Ise , ~ s.ew
sS:.o =. PIoic val, nuu Mncn u.lcc. 'iao
scl.o y. .u0 g.OHoIy VI tnv.1 p ~" KY "olo ~
lac. .s 1nO'acs, LUZ me suppcLt VI .:o aE.es
t " s.o ov;.nJ. no G:sna, Ils :e SUI
Ma IT'LL a seTs,oII ~ sL.s W. S.sn.no'. n
1ucy ":cls asu,, Gua' all slaxeS VI PcIsOns GU
gsg1o III teoei H agalnst INC government
VI tac Onl:eu otates, or wy snOu.u ~ ny
Wy gise a,a anu conIoEt t1eIetO' escaPlng
watnin o!,r nnes, OF capturo1 irOm sucn Pet,
sons! Ut oescreeu W men: snoulo 20 0eeIaeu
captlves OF war: ana forever nee; tnat
escaping slaves OF Suen owners snonld NOT Ne
G ee up, anu tnat no person ongsgea IN
tne nIuIary OF naval servIco enoal1, under
any pretense ~natever, surrenoer slaves 70
claimants. Ino act tnen goes on % pr0vldo
dsr the cmPioyment OF persons OF AIr,can
Ss N that fhs wss
lion, Una! IL - naa no leIerenco 70 tne var
power Oh tae govornmen., tnat ~ was nos
m M3 as.'emPI 20 eaIorcS DeIngerent rlgnts:
W. we ao no. tn!nA SO. we are n0S 70 strain
snS Oono " .l :. VI IN uct VI Cons1oSs !"
order 70 noid IL unconsttuhonai.
1t has been argued, however, that the
provisions of the act for cOnfiscatiOn are
not cOnuueO IN lnclr Oper8IlOu 70 Cn0 prop
erty Of enemies, but that they are applica-
BILE to the property of persons not enemies
within the laws Of nations. 1t by this is
meant that they direct the seizure and con-
fiscation Of property not confisca6!e under
the laws OF war, we can not yield to 1t our
assent. :, 1t may be conceded that the laws
Of war do not justify the seizure and confis-
cation OF any private property except that
Of enemies. But who are to be regarded az
enemies in domestic or civil warG In
case Of foreign war, all who are inhabit-
ants OF the enemy.s country, with rare ex-
ceptions, are enemies whose property is
subject to conhscation; and seems to
have been taken for granted IN this case
that only those who during the war were
INHABITANTS OF the Confederate States we're
liable to have their property confiscated.
such proposition can not be maintained.
1t Is not true even IN case OF foreign war:
1t is ever presumption that inhabitants Of
an enemys territory are enemies. even
though they are not participants ip tho
war, though they are subjects Of neutral
States, or even SUBJECTS or citizens OF the
government prosecuting the war against
the State within which they reside. But
even IN foreign wars persons may be enc