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
Confiscation is hardly less ancient than national life. It began
with history. It appears in the Scriptures, where Ahab took the
vineyard of Naboth, and David gave away the goods of a confederate of
Absalom. The Senator from Wisconsin [Mr. DOOLITTLE] reminded us that
it prevailed among the Persians and Macedonians. In the better days
of the Roman Republic it was little known; but it appeared with the
vengeful proscriptions of Sylla; and Cæsar himself, always forbearing,
yet, while striving to mitigate the penalties of the Catilinarian
conspirators, moved a confiscation of all their property to the public
treasury. It flourished under the Emperors, who made it alternately
the instrument of tyranny and of cupidity. But there were virtuous
Emperors, like Antoninus Pius, under whom the goods of a convict were
abandoned to his children, and like Trajan, under whom confiscation
was unknown. Among the reforms of Justinian, in his immortal revision
of the law, this penalty disappeared, except in cases of treason.[37]
But these instances illustrate confiscation only as punishment.
Throughout Roman history it had been inseparable from war. The auction
was an incident of the camp. It was a distribution of bounty lands
among the soldiers of Octavius, after the establishment of his power,
that drove Virgil from his paternal acres to seek imperial favor at
Rome.
In modern times confiscation became a constant instrument of
government, both in punishment and in war. It was an essential incident
to the feudal system, which was in itself a form of government.
Ruthlessly exercised, sometimes against individuals and sometimes
against whole classes, it was converted into an engine of vengeance
and robbery, which spared neither genius nor numbers. In Florence it
was directed against Dante, and in Holland against Grotius, while in
early England it was the power by which William of Normandy despoiled
the Saxons of their lands and parcelled them among his followers. In
Germany, during the period of theological conflict which darkened
that great country, it was often used against Protestants, and was at
one time menaced on a gigantic scale. The Papal Nuncio sought nothing
less than the confiscation of all the goods of heretics. Spain was
not less intolerant than Germany, and the story of the Moors and the
Jews, stripped of their possessions and sent forth as wanderers,
protests against such injustice. In early France confiscation was
not idle, although in one instance it received an application which
modern criticism will not reject, when, by special ordinance, _rebels_
were declared to be _enemies_, and their property was subjected to
confiscation as Prize of War.
Public-domain text, read in full here on John Shaqi.
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