Confiscate the Property And Free the Slaves of Rebels volume 2
Confiscate the Property And Free the Slaves of Rebels volume 2
Isaac Newton Arnold
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2. That the right of confiscation of the goods of an enemy found within the dominions of a belligerent Power is universally adraittedj citing all the lead- ing writers on public law. 3. Story held that, without any act of Congress, the mere declaration of war did ex vi termini authorize the capture of all enemy's property wher- ever, by the law of nations, it could be lawfully seized, and that where no act of Congress was made on the subject, the benefit of all such captures must inure to the u...se of the Government. He adhered to this opinion in the ap- pellate court, and maintained that " the right of confiscation resulted not from the express provisions of any statute, " but " from the very state of war which subjects the hostile property to the disposal of the Government. " '' The power to declare war includes all the powers incident to war and necessary to carry it into effect. " " He was at a loss to perceive how the power existed to seize and capture enemy's property which was without our territory at the commencement of the war, and not the power to seize that which was within it at the same period.
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