Charles Sumner: his complete works, volume 09 (of 20) — John Shaqi
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
Sir, the case is strong. The Rebels are not only criminals, they
are also enemies, whose property is actually within the territorial
jurisdiction of the United States; so that, according to the Supreme
Court, it only remains for Congress to declare the Rights of War to be
exercised against them. The case of Brown,[33] so often cited in this
debate, affirms that enemy property actually within our territorial
jurisdiction can be seized only by virtue of an Act of Congress, and
recognizes the complete liability of all such property, when actually
within such territorial jurisdiction. It is therefore, in all respects,
a binding authority, precisely applicable; so that Senators who would
impair its force must deny either that the Rebels are enemies or that
their property is actually within the territorial jurisdiction of the
United States. Assuming that they are enemies, and that their property
is actually within our territorial jurisdiction, the power of Congress
is complete; and it is not to be confounded with that of a commanding
general in the field, or of the President as commander-in-chief of the
armies.
Pardon me, if I dwell on one point with regard to the property of
rebels in arms by which it is distinguishable from the private property
of enemies in international war. _Every rebel in arms is directly
responsible for his conduct_, as in international war the government or
prince is directly responsible; so that on principle he can claim no
exemption from any penalty of war. And since Public Law is founded on
reason, it follows that the rule subjecting to seizure and forfeiture
all property, real as well as personal, of the hostile government or
prince should be applied to all property, real and personal, of the
rebel in arms. It is impossible for him to claim the immunity conceded
generally to private property of an enemy in international war, and
also conceded generally to land of an enemy within our territorial
jurisdiction. For the rebel in arms there is no just exemption.
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