Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1861-12-19
TIE SLAVES OF REBELS.
COEFISCATION QUESTION III THE
SENATE.
SPEECH OF SENaTOS TEJN-
BULL, OF ILLINOIS.

On Thursday, the 9th inst,
Mr.. Trumbull, Of Illinois, intro
duced his bill fog confscating the
property and giving freedom to
the slaves of Rebels. He SAID /:
In presenting this bill to the
considera OF the Senate, ] de-
sire to accompany 1t with some
remarks explanatory Of lis char
acter and the principles on which
lis based. As its title imports,
1t is a bill for coniiscatIng the
property and giving freedom to
the slaves OF Rebels. It provides
Tor the absolute lorieitu5e forever
to the United States oNevery spe-
cles oil property, real and person
al, and wheresoeter situated IN
the United States, belonging to
persons beyond the jurisdiction of
tie United Statesl or beyond the
reach of civil process IN the ordl
nary rhode OF judicial proceeding,
in consequence OF the present
rebellion, who, during its exist
ence, shall take up arms against
the United States, or In any way
ald or abet the rebellion. This
forfeiture to be enforced against
property in the rebellious
districts through the military
power, and against property IN
other portions ofthe United States
in which the judicial power IS snot
obstructed by he re- leIllon, tn
the courts, and the proceeds OF
the property of each individual
seized and forfeited, subject to the
Just claims of his loyal creditors,
to be paid for the benefit OF the
citizens despoiled of their proper
ty by the rebellion, and to defray
the expenses incurred in its sup
preston. The bill also forfelts
the claim of all rebels, and those
who give them aid and comfort,
to the persons they hold in SIa-
very, declares the slaves thus for
felted free, and makes it the duty
OF the President to provide for the
colonization of such of them as
may be willing to 60, in some
tropical country, where they may
have the protection Of the Govern
ment and be secured in all the
rights and privileges OF freemen.
The property belonging to
traitors. or those giving them
comfort, who may be convicted
by the Judicial tribunals, is to be
forfeited on their conviction, the
real for life and the personal
property forever. These are the
main features of the bill | have
introduced. accompanied with
the details necessary to accom-
plush the objects dictated. 1t
will he observed that a distinc-
tloa is made in The mode OF for
leiture of rebel property in dis
tricts under insurrectionary con-
troll, and that which may be found
in districts within the reach OF
the process Of law in its ordinary
forms. The forfeiture in the one
case to be enforced through the
mllltlry, and in the other thro'
the Judicial power. This is
meter OF necessity, for it would
be impossible to enforce the for
leiture through the courts in dis
trlcts where the Judicial power
was oveIborne by the rebellion,
and, if not possible, 1t would, In
my judgment, be clearly uncon-
stltutional to enforce it in any
other way in districts where the
property seized was in the reach
of legal process. So, also, in the
case of a conviction Tor treason,
the property Of the traitor within
reach OF the court can only be
forfeited by the court-the per-
sonal forever and the real estate,
under the Constitution, tor lie
only.
The power of Congress to pass
a bill of this character is, to M
mind, unquestionable but | DO
not place it on the ground which
has been advanced in some quar-
tiers, that in times of war or re-
belhon the military is superior to
the civil power; or, that In such
times what persons may choose
to call necessity is higher and
above the Constitution. Neces.