Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
In stating and enforcing the rule I might array writers, precedents,
and courts; but I content myself with a paragraph from a writer who in
expounding the Laws of War is perhaps the highest authority. I refer
to the Dutch publicist of the last century, Bynkershoek, whose work is
always quoted in the final resort on these questions. This great writer
expresses himself as follows:--
“Could it be doubted whether under the name of enemies may
be understood also our friends who having been conquered are
with the enemy, their city perhaps being occupied by him?…
I should think that they also were to be so understood,
certainly as regards goods which they have under the government
of the enemy.… I know upon what ground others say the
contrary,--namely, that our friends, although they are with
the enemy, have no spirit of hostility to us; for that it is
not of their free will that they are there, and that it is
only from the _animus_ that the case is to be judged. But the
case does not depend upon the _animus_ alone; because neither
are all the rest of our enemy’s subjects, at any rate very
few of them, carried away by a spirit of hostility to us; but
it depends upon the right by which those goods are with the
enemy, and upon the advantage which they afford him for our
destruction.”[5]
Nothing could be stronger in determining the liability from domicile.
Its sweeping extent, under the exigency of war, is proclaimed by this
same writer in words of peculiar weight:--
“Since it is the condition of war that enemies are despoiled
and proscribed as to every right, it stands to reason that
everything found with the enemy changes its owner and goes
to the Treasury.… If we follow the mere Law of War, even
_immovable_ property may be sold and its price turned into the
Treasury, as in the case of movable property.”[6]
Here is an austere statement; but it was adopted by Mr. Jefferson as a
fundamental principle in his elaborate letter to the British Minister,
vindicating the confiscation of the property of Loyalists during the
Revolution.[7] It was the corner-stone of his argument, as it has
since been the corner-stone of judicial decisions. To cite texts and
precedents in its support is superfluous. It must be accepted as the
rule of International Law.
The rule, as succinctly expressed, is simply this,--that the property
of persons domiciled in an enemy country is liable to seizure and
capture without regard to the alleged friendly or loyal character of
the owner.
Public-domain text, read in full here on John Shaqi.
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