The New York herald., 1861-12-08

'"i INV ID StIlctiy COnnHcu W CHeuCc5 III VIC
| army and navy, and only TO persons therein
| when in actual service in time of war OF public
| danger The crime Of treason or insurrection
is no exception. Article three, section two, Of
the constitution declares that "the trial Of all
crimes (of civlians) except in cases of impeach-
mcnt shall be by jury, and such trial shall be
held in the State where the said crimes shall
have been committed" And the next section Of
the same article runs as follows:--"Treason
| against the United States shall consist only in
| levying war against them, or in adhering TO
| their enemies, giving them aid and comfort. No
person shall be convicted of treason unless
on the testimony Of two witnesses to the same
overt act, or on confession in open court
The Congress shall have power to declare the
punishment of treason; but no attainder Of
treason shall work corruption of blood, or for
feiture, except during the life of the person
attainted"
II is clear, therefore, that the military have
no power to deal with traitors, except to kill
them on the field Of battle or take them prison
ers in aid of the civil power, and hand them
over to the same to be dealt with by the civil
law. BY an old law of Congress the penalty
affixed to treason is DEATH But forfeiture Of
property was never thought of till the present
war, and would not be now but for the
treachcrous purpose of getting hold Of the
slaves by side wind. Mr.. Trumbul's bill for
feiting traitors property to the United States
forever" is clearly against the plain provisions
of the constitution already quoted, also those
provisions which expressly declare that neither
Congress nor any State shall pass bill of
attainder or e1 post Jtocto law article l, sec
tons and l0.) Mr.. Trumbull's bill is o bill Of
attainder and nothing else. 1t forfeits the pro-
perty in the case of the innocent children, at
tainting them as well as the guilty parent, con-
trary to the intention ofthe constitution. Con-
gress might have made the punishment of trea-
son imprisonment for ten or fifteen years and
forfeiture of property during life but as the
| punishment is death, and as the forfeiture can
not take place till after the conviction in
civil court, and as death follows Immediately
AFTER the forfeiture, the law now stands,
practically amounts to nothing: for the moment
after the execution Of the traitor his property
| belongs to his heirs for, says the constitution
/
Of blood, or forfeiture, except during the life Of
| the person atantcd" Mr. Trumbull's bill
makes distinction between real estate and
| chattel property, including slaves But the
| constitution knows no such distinction and
| the slaves and other effects of rebel slain in
battle, or arrested, convicted and executed by
| process Of civil law, belong as much TO his wife
| what law may be made to the contrary by Con-
| gress. Mr.. Trumbull admits that in modern
! civilized warfare the private property OF non
conibatant alien enemy is exempt in practice
| from coniscaion. bat insists that the theoretical
| right remains and q .fo,ttori, The right 10 con-
| Iiscate the property of an insurgent. Now it
is precisely the reverse, because the constitu
ton, which Mr.. Trumbull processes to respect,
deprves the government Of the right in The
case Of American citizens, but not in the case
Of foreign nation. Nor will the argument
hold water that, because desperate rebels
wrongtully confscate the property Of Union
men, our government ought to violate the con
stitution and follow their example.
The generals Of the army have no right, there
fore, to seize slaves OF other property in the
Southern States except where they are directly
used in military or naval operations and then
they may legitinatcly use those slaves IN making
trenches and in other military service. except
the folly and barbarity of arning them, and
that without the authority Of Congress, il being
right incidental to war; but the generals have
no power TO set them free nor has Congress
- IL,
| slaves would be 10 forfeit the property forever
| to the heirs Of the traitor; and to forfeit his
property, even as against the traitor himself,
could only be done legally and consttutionally
/ after his conviction in court. Nor is there any
right given by the constitution to transport
them out OF the country nor yet TO send them
to freeze at the cold North.
The slaves. therefore taken in the service of
the nsurgent army, or who have be-
come fugitives, ought to be retained till
after the war, Chat the rights and claims
of the owners may be investigated. But in no
case ought they to be emancipatcd. South
Carolina Georgia or any other State may
cmancpae its slaves: but Congress has no such
power. This was admitted even in the Chicago
Platform. Suppose Congress were to pass ~
general act OF emancipation. such as The Tribune
proposes. practically il would amount to
nothing for after the termination Of the war
and The submission of the rebclious States. they
would have right TO recuact slavery, and
Congress could not interfere with them. Even
as a war measure it is absurd. and ii would be
just as rational to pass IN act that the President
hang Jefferson Davis in six weeks. The Pveai-
dent must first catch him before he puts his neck
in a moose. Not only is emancipation impracti-
cable. but it would be highly impoliic. 1t
would quench every spark of Union sentiment
at the South: and without the developcment ofs
Southern loyalty the war would be hopeless
and nterminable. |. would also divide the
North and be n wet blanket on the enthusiasm
of Union democrats. without whose support the
war cannot be conducted to a successful termi-
nation. TO change the issue from war for The