Basic HTML Version
LINCOLN’S VIEW ON APPROPRIATION OF ENEMY PROPERTY
222
●
SUMNER, CHARLES. Autograph Letter Signed, to an unnamed recipient (“My
dear Sir”), discussing the legal justification for the appropriation of enemy property in
wartime and pointing out that the President holds that the Constitution imposes limits
upon such appropriation. 3
1
/
2
pages, 8vo, written on a single folded sheet; minor scattered
smudges to text. (AKF) “Senate Chamber” [Washington], 9 December 1862
[600/900]
“
All the property of public enemies, whether personal or not, should be proceeded against under
the Jura Belli. There is no limitation in the Constitution; only in the principles of expediency
& practice. . . .
“
. . . I doubt if an informer, who has merely spied out the existence of certain p’pty, should be
put on the same footing of compensation with captors . . . .
“
I doubt also the expediency of a rule of evidence . . . as that you propose . . . .
“
The Presid’t, you will remember, declined to adopt our view, that the land can be proceeded
against without limitation in the Constitution.”
“OUR CAUSE WAS SURRENDERED WHEN THESE THINGS WERE WRITTEN”
223
●
SUMNER, CHARLES. Autograph Letter Signed, to an unnamed recipient (“My
dear Sir”), praising his article, pointing out that the two houses had adopted different ver-
sions of the Confiscation Bill, noting that only the House’s bill was an Emancipation Bill,
and noting a few remarkable passages. 3 pages, 8vo, written on a single folded sheet; minor
scattered smudging to text. (AKF)
Washington, 16 April 1863
[600/900]
“
. . . [O]n the 5th July, the Confiscation Bill had not been agreed upon . . . . The Senate had
adopted one Bill & the House another; that of the House being a thorough Emancipation Bill,
reported by Mr. Eliot of Mass; . . .
“
There are other passages which should be noted. (1) No expression of harshness to the slave-
mongers. (2) not . . . debate ‘any opposing moral principles’ that is slavery. (3) ‘the condition of
slavery will remain just the same in the several states, whether the Revolution succeed or fail’.
“
As long as this record remains what can be expected? Besides, our cause was surrendered when
these things were written.”
223