Richard Henry Dana Jr Speeches in Stirring Times And Letters to a Son

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As the power of the enemy over the property of the inhabitants of his territory does not depend on their political status, and may even be increased by their being hostile to him, so neither does the right of the belligerent to intercept and take such property depend on those considerations. It is at the discretion of political power to forego the condemnation, if the owner is known to be a loyal subject, having an involuntary domicile with the enemy, or to condemn the property and remunerate t...he owner after the war is over, or to make no remuneration. As a judicial question, the Prize Court can only decide that the property is lawful prize.
The Supreme Court applied this rule to our pre sent war. They held that the property of a person domiciled in enemy s territory was subject to cap ture, as a question of law, it being a political question whether that right of capture should be enforced. It was immaterial, in domestic war. As in foreign war, whether the owner, so domiciled, be a rebel citizen or a loyal citizen, a foreigner aiding the rebellion volun tarily or involuntarily or not aiding it at all, or a loyal citizen having an involuntary domicile there.


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