CONFISCATION. In international law, the act of one state in appropriating property belonging to another state or to its subjects, either as a belligerent right or as a punishment for carrying contraband of war, blocicade run ning or the like. The term is used also to indi cate the seizure of property by the state as an act of ntmishment for non-comnliance with the law, as for violation 'of internal revenue regulations.
/n English law some early authorities, in: eluding Blacicstone, seem to use the term as a synonym for uforfeiture,p though at common law it has been held to embrace only seizure by the Crown of goods found on a felon, but not claimed by him, and to articles dropped by a thief fleeing from justice. (See FORFEITURE). By statute in England, passed in' 1914, enemY property which had been subjected to confisca tion by the Crown was placed under the care of a legal custodian.
/n Roman law goods which had been sub jected to confiscation by' the state were called by the civilians bona confiscata, and belonged to the fiscus, or imperial treasury.
One form of ccmfiscation long.known to in ternational law is called angaria or angary, vvhich is defined as the seizure or destruction of neutral property by a belligerent when urgently necessary, with due cotnpensation later. This right was exercised in the Franco-Prusi. kali War by Germany.
In the United States, enemy vroperty has frequently been confiscated under international law and by Federal statutes. In 1861 and 1862, during the Civil War, Federal statutes were passed providing for the confiscation of prop erty nsed for insurrectionary purposes, 'and these statutes were later held to be constitu tional by the Supreme Court. Congress, dating
from the adoption of the Constitution, has had the exclusive power of confiscation of alien property. Shortly after the outbreak of hostili ties with European powers in the spring of 1917, the United States seized a large number of ships belonging to Germany and Austria found afloat in various ports, under a well:. known rule of international law justifying the act. By a Federal statute enacted 6 Oct. 1917, a legal custodian was appointed for all alien enemy property confiscated in the United States during the war then pending.
By proclamation of the President of the 'United States, 20 March 1918, under the au thority conferred upon him by the Naval Bill of 1917, °in exercise of our indisputable rights and in accordance with the law and practice of nations?) 68 ships, representing about 470,000 tons, belonging to Holland, lying in United States ports, were confiscated. The seizure was condemned by Germany and also in other quarters, as in Holland, as a violation of the rules of international law. It has been vigor ously defended, however, as lawful by eminent jurists and justified by the law of angaria or angary, long recognized in legal usage, as stated above, and also as incorporated in The Hague conventions of 1899 and 1907. At about the same time Great Britain, claiming under the same right, took control of a number of Dutch ships representing about 400,000 tonnage.