Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
3. The rule, in strictness, also embraces private debts due to an
enemy. Although justly obnoxious to the charge of harshness, and
uncongenial with an age of universal commerce, this application
is recognized by the judicial authorities of the United States.
Between debts contracted under faith of laws and property acquired
under faith of the same laws reason draws no distinction; and the
right of the sovereign to confiscate debts is precisely the same
with the right to confiscate other property within the country on
the breaking out of war. Both, it is said, require some special act
expressing the sovereign will, and both depend less on any flexible
rule of International Law than on paramount political considerations,
which International Law will not control. Of course, just so far
as slaves are regarded as property, or as bound to service or
labor, they cannot constitute an exception to this rule, while the
political considerations entering so largely into its application
have with regard to them commanding force. In their case, by natural
metamorphosis, confiscation becomes emancipation.
Such are recognized Rights of War touching enemy property within the
national jurisdiction.
* * * * *
_Secondly._ The same broad rule with which I began may be stated
touching enemy property beyond the national jurisdiction, subject,
of course, to mitigation from usage, policy, and humanity, but still
existing, to be employed in the discretion of the belligerent power. It
may be illustrated by different classes of cases.
1. Public property of all kinds belonging to an enemy,--that is,
property of the government or prince,--including lands, forests,
fortresses, munitions of war, movables,--is all subject to seizure
and appropriation by the conqueror, who may transfer the same by
valid title, substituting himself, in this respect, for the displaced
government or prince. It is obvious that in the case of immovables the
title is finally assured only by the establishment of peace, while
in the case of movables it is complete from the moment the property
comes within the firm possession of the captor so as to be alienated
indefeasibly. In harmony with the military prepossessions of ancient
Rome, such title was considered the best to be had, and its symbol was
a spear.
2. Private property of an enemy at sea, or afloat in port, is
indiscriminately liable to capture and confiscation; but the title is
assured only by condemnation in a competent court of prize.
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