1492. CONFISCATION, Principles Underlying.—
It cannot be denied that the state
of war strictly permits a nation to seize the
property of its enemies found within its own
limits, or taken in war, and in whatever form
it exists whether in action or possession.
This is so perspicuously laid down by one
of the most respectable writers on subjects of
this kind, that I shall use his words. “Since
it is a condition of war, that enemies may be
deprived of all their rights, it is reasonable
that everything of an enemy's, found among
his enemies, should change its owner, and go
to the treasury. It is, moreover, usually directed,
in all declarations of war, that the
goods of enemies, as well those found among
us, as those taken in war, shall be confiscated.
If we follow the mere right of war, even im
movable property may be sold, and its price
carried into the treasury, as is the custom
with movable property. But in almost all
Europe, it is only notified that their profits,
during the war, shall be received by the treasury;
and the war being ended, the immovable
property itself is restored, by agreement, to
the former owner.” Bynkersh. Quest. Jur.
Pub. L. i. c. 7. Every nation, indeed, would
wish to pursue the latter practice, if under
circumstances leaving them their usual resources.—
To George Hammond. Washington ed. iii, 369.
Ford ed., vi, 15.
(Pa.,
May. 1792)
