UNITED STATES. 



841 



and unlimited sovereign rights. But no nation ever 

 makes such a conquest of its own territory. If a hos- 

 tile power, either from without or within a nation, 

 takes possession and holds absolute dominion over any 

 portion of its territory, and the nation, by force of 

 arms, expels or overthrows the enemy, and suppresses 

 hostilities, it acquires no new title, but merely regains 

 the possession of which it had been temporarily de- 

 prived. The nation acquires no new sovereignty, but 

 merely the power to maintain its previous rights. 



Another objection to these decisions of the district 

 courts is founded upon the apprehension that they may 

 lead to or countenance cruel and impolitic confiscations 

 of private property found on land. This apprehension 

 is unfounded. No such consequences can legitimately 

 follow. ' Those decisions undoubtedly assert that the 

 United States have the rights of a belligerent. But the 

 extent of those rights on land, or the manner in which 

 they are to be exercised, was not discussed. They 

 were not even adverted to, except to say that en- 

 emy's property found by a belligerent on land, within 

 his own country, on the breaking out of a war, will not 

 be condemned by the courts, although it could be if 

 found at sea. This distinction, so far as it goes, tends 

 to show that the doctrine of maritime captures is not 

 to be applied to seizures on land. But the danger upon 

 which this objection is founded does not arise from the 

 administration of the prize laws by the courts, or the 

 exercise of belligerent rights by military commanders 

 upon military exigencies. The objection really arises 

 from fear of the legislation of Congress. It is appre- 

 hended that they may pass sweeping or general acts of 

 confiscation, to take practical effect only after the rebel- 

 lion shall have been suppressed ; that the whole estates, 

 real and personal, which have not been seized during the 

 war, may betaken and confiscated upon coming with- 

 in reach of the Government, after hostilities shall have 

 ceased. This, as we have seen, would not be the ex- 

 ercise of belligerent rights, the war being at an end. 

 Belligerent confiscations take effect only upon property 

 of which possession is taken during the war. As 

 against property which continues under the control of 

 the enemy they are wholly inoperative. If possession 

 be acquired by or after the peace, then previous legis- 

 lation may take effect, but it will be by the right of 

 sovereignty, not as an act of war. Under despotic 



fovernments the power of municipal confiscation may 

 e unlimited, but under our Government, the right of 

 sovereignty over any portion of a State is given and 

 limited oy the Constitution, and will be the same after 

 the war as it was before. When the United States 

 take possession of any rebel district they acquire no 

 new title, but merely vindicate that which previously 

 existed, and are to do only what is necessary for that 

 purpose. Confiscations of property, not for any use 

 that has been made of it, which go not against an of- 

 fending thing, but are inflicted for the personal delin- 

 quency of the owner, are punitive ; and punishment 

 should be inflicted only upon due conviction of person- 

 al guilt. What offences shall be created and what 

 penalties affixed, must be left to the justice and wisdom 

 of Congress within the limits prescribed by the Consti- 

 tution. Such penal enactments have no connection 

 whatever with the decisions of prize courts, enforcing 

 belligerent rights upon property captured at sea during 

 the war. 



In January, John P. Usher was appointed 

 Secretary of the Interior to succeed Mr. Smith, 

 appointed judge of the U. S. District Court of 

 Indiana. The Cabinet of Mr. Lincoln was 

 thus composed as follows : 



WILLIAM H. SKWARD, New York, Secretarv of State. 

 SALMON P. CHASE, Ohio, Secretary of the Treasury. 

 EDWIN M. STANTON, Pennsylvania, Secretary of 

 War. 



GIDEON WELLES, Connecticut, Secretary of the Navy. 

 JOHN P. USHER, Indiana, Secretary of the Interior. 

 MONTGOMERY BLAIR, Maryland, Postmaster-GeneraL 

 EDWARD BATES, Missouri, Attorney-General. 



The most important questions in the foreign 

 relations of the country arose with Great Brit- 

 ain. (See DIPLOMATIC CORRESPONDENCE.) 



Intercourse of a private nature was allowed 

 between the citizens of the Northern and South- 

 ern States, under certain simple regulations, as 

 follows: 



1. No letter must exceed one page of a letter sheet, 

 or relate to any other than purely domestic matters. 



2. Every letter must be signed with the writer's 

 name in full. 



8. All letters must be sent with five cents post- 

 age enclosed if to go to Richmond, and ten cents if be- 

 yond. 



4. All letters must be enclosed to the commanding 

 general of the Department of Virginia, at Fortress 

 Monroe. No letter sent to any other address will be 

 forwarded. 



At intervals, females and children were 

 granted passes to go South, under certain regu- 

 lations. 



It was asserted that the Southern States 

 would send representatives to the session 

 of Congress commencing in December, if an 

 amnesty was granted to them ; and a corre- 

 spondence took place at the close of 1862, and 

 was first published in September, 1863, which 

 is important as showing the views of the Gov- 

 ernment at that time. On the 8th of Decem- 

 ber, 1862, a letter was addressed to the Pres- 

 ident by Fernando Wood, of New York, which 

 commenced thus : 



DEAR SIR : On the 25th of November last I was ad- 

 vised by an authority which I deemed likely to be well 

 informed, as well as trustworthy and truthful, that the 

 Southern States would send representatives to the 

 next Congress, provided that a full and general am- 

 nesty should permit them to do so. No guarantee or 

 terms were asked for, other than the amnesty refer- 

 red to. 



Mr. Wood then states that he sought the 

 aid of influential persons to procure from the 

 Government permission for a correspondence, 

 to be conducted under its inspection, to devel- 

 op these facts. Being unsuccessful in obtain- 

 ing this aid, he directly addressed Mr. Lincoln. 

 The President replied, on December 12th, 1862, 

 saying : 



I strongly suspect your information will prove to be 



graph above quoted- 

 send representatives to the next Congress" to be 

 substantially the same as that " the people of the 

 Southern States would cease resistance, and would re- 

 inaugurate, submit to, and maintain the national author- 

 ity within the limits of such States, under the Constitu- 

 tion of the United States," I say that in such case the 

 war would cease on the part of the United States ; and 

 that if within a reasonable time " a full and general 

 amnesty " were necessary to such end, it would not be 

 withheld. 



I do not think it would be proper now to communi- 

 cate this, formally or informally, to the people of the 

 Southern States. My belief is that they already know 

 it, and when they choose, if ever, they can communi- 

 cate with me unequivocally. Nor do 1 think it proper 

 now to suspend military operations to try any experi- 

 ment of negotiation. I should, nevertheless^ receive, 

 with great pleasure, the exact iuibrmation you now 

 have, and also such other as you may in any way ob- 

 tain. Such information might be more valuable be- 

 fore the 1st of January than afterward. While there 



