And whether there is any restraint or limitation upon the power of Congress to punish treason? What are the rights of government over the private property of loyal citizens? What are the rights and liabilities of traitors? These and similar inquiries are frequently made among the plain people; and it is for the purpose of explaining some of the doctrines of law applicable to them, that the following suggestions have been prepared.

CHAPTER I.

THE CONSTITUTIONAL RIGHT OF THE GOVERNMENT TO AP. PROPRIATE PRIVATE PROPERTY TO PUBLIC USE, EITHER IN TIME OF PEACE OR IN TIME OF WAR.

The general government of the United States has, in time of peace, a legal right, under the constitution, to appropriate to public use the private property of any subject, or of any number of subjects, owing it allegiance.

Each of the States claims and exercises a similar right over the property of its own citizens.

THE RIGHT IS FOUNDED IN REASON.

All permanent governments in civilized countries assert and carry into effect, in different ways, the claim of "eminent domain;" for it is essential to their authority, and even to their existence. The construction of military defences, such as forts, arsenals, roads, navigable canals, however essential to the protection of a country in war, might be prevented by private interests, if the property of individuals could not be taken by the country, through its government. Internal improvements in time of peace, however important to the interests of the public, requiring the appropriation of real estate belonging to individuals, might be interrupted, if there were no power to take, without the consent of the owner, what the public use requires. And as it is the government which protects all citizens in their rights to life, liberty, and property, they are deemed to hold their property subject to the

claim of the supreme protector to take it from them when demanded by "public welfare." It is under this quasi sovereign power that the State of Massachusetts seizes by law the private estates of her citizens; and she even authorizes several classes of corporations to seize land, against the will of the proprietor, for public use and benefit. Railroads, canals, turnpikes, tele. graphs, bridges, aqueducts, could never have been constructed were the existence of this great right denied. And the TITLE to that interest in real estate, which is thus acquired by legal seizure, is deemed by all the courts of this commonwealth to be as legal, and as constitutional, as if purchased and conveyed by deed, under the hand and seal of the owner.

INDEMNITY IS REQUIRED.

But, when individuals are called upon to give up what is their own for the advantage of the community, justice requires that they should be fairly compensated for it: otherwise public burdens would be shared unequally. To secure the right to indemnification, which was omitted in the original constitution of the United States, an amendment was added, which provides, (Amendments, Art. V, last clause,)" Nor shall private property be taken for public use without just compen sation."*

The language of this amendment admits the right of the United States to take private property for public use. This amendment, being now a part of the consti tution, leaves that right no longer open to question, if it ever was questioned.

Similar provisions are found in the constitution of Massachusetts, and several other states.

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Suppose a bridge, owned by a private corporation, were so located as to endanger a military work upon the bank of a river. The destruction of that bridge to gain a military advantage would be appropriating it to public use.

So also the blowing up or demolition of buildings in a city, for the purpose of preventing a general conflagration, would be an appropriation of them to public use. The destruction of arms, or other munitions of war, belonging to private persons, in order to prevent their falling into possession of the enemy, would be applying them to public use. Congress has power to pass laws providing for the common defence and general welfare, under Art. I. Sect. 8 of the constitution; and whenever, in their judgment, the common defence or general welfare requires them to authorize the appropriation of private property to public use, whether that use be the employment or destruction of the property taken, they have the right to pass such laws; to appropriate private property in that way; and whatever is done with it is "public use," and entitles the owner to just com pensation therefor.

ALL KINDS OF PROPERTY, INCLUDING SLAVES, MAY BE SO APPROPRIATED.

There is no restriction as to the kind or character of private property which may be lawfully thus appropriated, whether it be real estate, personal estate, rights in action or in possession, obligations for money, or for labor and service. Thus the obligations of minor children to their parents, of apprentices to their masters, and of other persons owing labor and service to their masters, may lawfully be appropriated to public use, or