New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-06

sbould to.morrow introduce bill to abolish suffers


Mr. GRIMES moved to take up the resolution to
investigate the case of Col Miles. lie said tnat
Court Of Inquiry had found that Col Miles was III
toxicaied to certain extent enough 10 Justify COL
Richardson to apply ephe's to him, but not enough
| to remove him from command. lie wanted I'll tAe
facts Of the cese to 80 10 the people
tn TIE fesoiriii::op was agreedto
Mr.. T%CMBULL rep, nl.) introduced blu bil
l.cang the property end giving freedom 20 I'M t
10 the confederation of the Senate, desire to accom-
rany Il with come reDarke explanatory OF It's char-
actor and the principles on which it is based AS lts
title imports il is bill for confscating the properly
and giving freedom 20 the slaves Oh rebels IL pro-
yGes for the absolute and complete forfeiture forever
to the United States Of every species OF property
real and personal and wheresoever situated within
the United States, belonging 10 persons beyond the
jurisdiction OF the United States, or beyond the feacn
of civil process in the ordinary mode OF JUDICIAL pro-
ceeding, in consequence of the present reDeiioh,
who during its existence shall take up arms against
the United States or in any wise aid or abet the re-
beIion This forfeiture to be enforced against prop
erty in the rebellious districts through the military
rover and against property m other portions OF the
United States in which the Judicial power is not OBJ
structed by the rebellion through the courts and the
proceeds OF the property Of each individual seedan
forfeited subject to the past Gains OF bis Loyal cred
ors 10 be held for the benefit OF loyal eItlzens des
poed OF their ,ety by the rebellion, and to defray
also foreits the claims Of all rebels and those VINO
give them aid aud comfort to Che persons they mold
in slavery declares the slaves thus forfeited Tree,
and makes il the duty OF the President 70 provide
for the colonization Of such Of them as may be will
ing 10 go, in tropical country where they may
have the protection OF the Government ana ne Sc
cured in all the rights and privileges OF freeneh.
The property belonging to traitors, or tnose givin9
them comfort, who may be convicted by Tue Judieia
tribupas s TO be forfeited their CONVICTION, tue
realty for life and the personal property forever
Ibese are the main features of the hill have intro
duced accompapied with the details necessary TO ac
complish the objects dictated 1t Will be observed
that distinction l. made in the mode OF forfeiture Oh
rebel propery ia districts under insurrectioBary con-
troll and that which may be- found in districts within
the reach of the process OF law III Its ordinary forhs
The forfeiture III the 10 be enforced through
the military, and in the other, through the Ju-
dcial power. This is matter OF necessity, Tor IL
would be impossib 10 to enforce the forfeiture through
the courts in districts where the JUDICIAL power was
overborne by the rebellion aud, II not impossible
would, in my Judgment be clearly unconstitutional
10 enforce It IN any other way IN districts where
the property seized was within tho reach OF is2M
procsss So also in the case OF conviction Tor urea
son the property OF the traitor within reach OF the
Court can only be forfeited by the Cour-the per-
sonalty forever and the real estate under the Con-
siituuon, for life only The power OF Congress 10
pass a bill Of this character II, TO my mind, unques-
iiouable; bnt do not place IL on the ground V hch
has been advanced in some quarters, that IN times
of war or rebellion the military is superior TO the
civil power Or that in such times what persons may
choose call necessity il higher and a. owe the CoN-
stuton. Necessity if the plea OF tyTants ana II our
Constitution cease 10 operate the moment a person
CHARGED with it's Observance thinks there Is neces-
sty 10 violate it, il 10 Of tile value SO far from ad.
hitting lie superiority Of the military over the civil
power ia time OF war; that there Is any necessity
That it should be 20, hold that under our Cousttu-
ton the military is rs much subject ~ the control OF
a. i, In xpor as lne powers OF
Goy.rnuiept under our system are three. OF wDch
the military is not IL Is merely incident 10 me
Others, aud subject TO one OF these, the
Legislative, without whose permission II can
have 10 existence, and when called into being by
the action OF Congress, ii 10 by the Constitution
expfessly made subject 70 such rules ~ Congress
all prescribe for lis government. When, there
fore, our arnies, 10 raise and support which Con-
gress has express authority under the Constitution,
20 forth to suppress insurreciion, and in doing 90
shoot down rebels ana desoate their abodes as they
oOnrituliUnGlly may, they are as much subordinate
10 the civil power IA when engaged In holiday
parade ia tIIns of peace and contrsband property
seized aud appropriated by the military IN lnsurrec-
tonary Districts in suppression Of tho rebellion ID
leetimnioiy taken II condemned 10 forfeiture by
tie incin authorities in districts In which judicial
|, process was not DISTRACTED. i want no other au-
thority for putting down even this gigantlc rebel
lion than such az may be derived from the Constitu-
tI,on properly Interpreted IL il equal even TO thia
great emergency, and the more we study lie pro-
visons the i, ia tried in troublons tunes, the
greater will DO our Animation for the instrument
and our veneraton for it, anthoit AS unpopular "a
. the ayOwal may be for the moment among the
thoughtless, here declare that am for suppress
ing this monstrous rebellion according TO law, snd ~
no other way, aud believe that Congress has only
TO discharge It's duty, and the army perform its
with ener, and activity, 10 bring the war 10 a
speedy AID successful issue. We are fighting to
maintain the Constitution, and il especially becomes
u.s. ia appealing TO the people 10 come TO its Rescue
not 10 violate il Ourselves. How we better than
the Rebels il both alike set at naught the Cons.itu
toni WAN my codntrynen who stand re~ny 10
tolerate any act done in good faith for tho suppress
zion OF the rebellion, not TO sanction uslrpatons OF
power which may hereafter become precedonts Tor
ihe destruction OF constitutional liberty The Con
ftitution declares that Congress shall have power
q" 10 declare war; and " make rules concerning cap
lures OH land and water" " to raise and support ar
fnies;" "to provide and maintain a navy; TO make
rules FOR the government OF tue land and naval forces
to provide for calling forth the militia to execute the
laws OF the Cnion suppress insarrections and reIel
! inyasions," and TO make all laws which shall be
! necessary and proper for carrying into execution
ths foregoing powers" Acting under these grants
OF power, Congress has provided for bringing
into service more than half million of men,
who are now engaged in suppressiug the inaur-
recton, ana has, to some extent made rules for tie
government Of these forces, which, as far they
60 obligatory on them; but, III the absence of
any regulation as to how the army Is TO be used In
suppressing the insurrectioD its commander would
be at liberty TO make such OF it, consistent with
the rules Of civilized warfare, as he believed must
be- conducive 10 the service OF the State, and best
calculated to secure the end for which II called
into being, upon tho principle that every man in
trusted with an employment or duty is presumed 10
be invested with all the power necessary TO enable
him 20 perform the service. Hence the power OF the
army in the suppression of the instruction, 10 seize,
,imprisoD shoot the insurgents; TO desolate the
country they occupy TO seize, appropriate fer the
time being their property, and free the persons they