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
Bearing in mind these facts, several difficulties which have been
presented during this debate disappear. For instance, a question was
put by a learned Senator [Mr. DAVIS, of Kentucky] as to the validity
of an imagined seizure of the property of the eminent Judge Wayne,
situated in the District of Columbia. But it is obvious that the facts
in the imagined case of the eminent judge are different from those in
the actual case before us. Judge Wayne, unlike the petitioner, was
domiciled in a loyal part of the country; and his property, unlike that
of the petitioner, was situated in a loyal part of the country. This
difference between the two cases serves to illustrate the position of
the petitioner. Because property situated in the District of Columbia
and belonging to a loyal judge domiciled here could not be taken, it by
no means follows that property situated in a Rebel State and belonging
to a person domiciled there can enjoy the same immunity.
Behind the fact of domicile, and the fact that the property
was situated in a Rebel State, is that other fact, equally
incontrovertible, that it was taken in the exigencies of war.
The military order under which the taking occurred declares that
“the necessities of the Army require the use of every building in
Decatur,”--not merely the building in question, but every building; and
the Report of the Committee says that “General Sherman had previously
issued an order to fortify Decatur for a military post.” I might quote
more to illustrate this point; but I quote enough. It is plain and
indisputable that the taking was under an exigency of war. To deny this
is to assail the military order under which it was done, and also the
Report of the Committee.
* * * * *
Three men once governed the mighty Roman world. Three facts govern the
present case, with the power of a triumvirate,--the domicile of the
petitioner, the situation of the property, and the exigency of war. If
I dwell on these three facts, it is because I am unwilling that either
should drop out of sight; each is important. Together they present a
case which it is easy to decide, however painful the conclusion. And
this brings me to the principle which I said at the beginning was so
simple. Indeed, let the facts be admitted, and it is difficult to see
how there can be any question in the present case. But the facts, as I
have stated them, are indubitable.
On these facts two questions arise: first, as to the rule of
International Law applicable to property of persons domiciled in
an enemy country; and, secondly, as to the applicability of this
rule to the present case. Of the rule there can be no question; its
applicability is sustained by reason, and also by authority from which
there can be no appeal.
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