Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-12-11
COnfiseatiOn and EmancipatiOnTmr
Trumbull,s Bill and speech,

Senator TRuMBuLL, Of Illinois, as our readers
are aware, on the fourth day Of the present ses-
sion of Congress, introduced into the Senate a
bill "for con6scating the property and giving
freedom to the slaves Of rebels" The bill was
ordered TO be printed and referred to the Judi
ciary committee II Is bill, as described BY
Mr.. TnumBuLL himself in bis speech on present
ing IL, for the absolute and complete forfeiture
forever TO the United States Of every species Of
property, real and personal, Of all persons Who'
during the existence OF the present rebellion,
shall take up arms against the United States,
or 10 any wayaid and abet the rebellion. IL
also forfeits the claim Of all rebels and Of those
who give them aid and comfort 10 the persons
they hold In slavery, and declares the slaves
thus forfeited free
Without going further into detail, il will be
seen that the provisions Of the bill are broad
and sweeping in their character. Whether
this or similar bill will be passed at the pres
ent session of Congress, Is yet to be determined;
but 1t 10 certain that it embodies the policy
of large and powerful party in that body.
Some things connected with the bill and Mr.
TRUMBULL's speech upon it are worthy OF spe-
cial notice The bill is one for conhScating
property, and for freeing, not eolfscating,
slaves. con6scAtion is the act OF adjudging
the goods or estate Of a traitor or other crimi-
nal to be forfeited to the public treasury or for
public use. Secretary CHASE says in his annua'
report, according to the telegraph, that "the
right to service, under State laws, must OF ne
cessity form an exception 10 any rule OF con-
fscatioD." He thinks such persons may be
Justly liberated, bat that they cannot be contis-
Gated as subjects Of property.
Hence is apparent the reason of the distinc'
tion which Mr.. TRUmBULL in his bill makes be-
tween slaves aud other property. The latter is
to be confiscated; the former set free. Mr..
TRuMsuLL places the right to do both these
things upon the sane ground But he rePudi'
ates the plea of necessity, or the superiority OF
the military to the civil authority, even in time
of war Hear him:
The power Of Congress to pass bill OF this
character is, to my mind, unquestiona6lej Dut
do not place It on the ground which has been
advanced In some quarters, that IN times oil war
or rebellion 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. Necessity is the plea Of tyrants;
and Il our Constitution ceases TO operate the
moment person charged with its observance
thinks there is necessity to violate it, IL is OF
little value. So far from admitting the SUPER
ority of the military over the civil power in
time of war, or that there is any necessity that
il should be 80, hold that under our Constl-
tuition the military is as much subject to the
control of the civil power in war as In peace
The powers of Government, under our system,
a-e three, of which the military is not one. IL
is merely incident to the others, and subject to
one of these the legislative, without whose per-
mission il can have no existence; and when
called into being by the action Of Congress, 1t
is by the Constitution expressly made subject to
such rules ss Congress- shall prescribe for its
government. t
Not only does Mr. TRuMBULL repudiate that
plea of tyrants- necessity but he processes to
deprecate any unconstitutional assumption Of
power In the prosecution Of the vxr Witness
these strong words: i8i4a
want no other authority for putting down
even this gigantic rebellion than such as may
be derived from the Constitution properly in
terpreted. Il is equal even to this great emer
geDc-, and tfS morewe study its provisions, the
more il is tfi.l In troublous times, the greater
will be our admiration for the instrument and
our veneration for lts authors. As unpopular
as the avowsl may be for the moment among
the thoughtIess, / here declare that am for
auppressinR this monstrous rebellion according
to law, and In no other way, and believe that
Congress has only to discharge its duty, and the
army perform its with energy and activity, TO
bring the war 20 Q speedy and successful issue.
We are hghtiDg to maintain the Constitution,
and 1t especially becomes ne In appealing TO the
people to come TO its rescue, not TO violate 1t
ourselves. How are we better than the rebels
IL both alike set at nought the Constitution /
warn nv oountrymen who stand ready TO tole- |
rate any act done in good faith for the suppress
sion of the rebellion not to sanction usurpations
of power which may hereafter, become preee- |
dents for the deslFuction Of constitutional lib
erty. 80 w Al Il
On this point Of strict adherence to constitu' |
tionsl obligations, we give the closing gsentences
Of Mr.. TaUMBULL's speech; e s |
But while fighting this battle 10 behalf Of
constitutional liberty, Il behooves us especially
TO see 10 10 that the Constitution receives no
detriment at our hands. We will have, gained
but little in suppressiDg the insurrection II IL
be at the expense Of the Consultation, for the
chains which the bondman wears are none the
lighter because they were pressed by bis own
and not another's hands, As We,expect to come
out Of this contest with our Gag full and COM
plete In all its proportions, not stripe erased,
or star obscured, 30 let US preserve the Con
stitution, perfect in all its parts, with all It's
guarantees for the protection of life and liberty
unimpaired, and fhe instrument itself rendered
doubly dear from the fact that Il had been So.
credly maintained and proven equal to every
emergency, under circumstances the most trying
10 which nation was ever subjected. Then,
when this struggle IL over, We will have an as
surAnce that our Governmentis is stronger than
ever before, and that sconstitntic'al liberty Is
established on Foundation whic1 no humanf
power will ever be able 10 subvert.
1--WE expect" says Mr.. TRuhBULL, 40 come
out Of this contest with our flag full and COM
plete, not stripe erased. or star obscured." ls
this mere rhetoric, or is the Republican Senator
sincere In such dsclaraGons7 IL 90, he must
be opposed 10 the policy that would disintekrate
or blot out States Since Mr.. ThuMbULL and
those who sympashize with him are such bitter
opponents Of the tyrant's plea necessity, and
such sticklers for the strict observance Of the
Constitution, tits well for the people to watch
them and see how their practices square with
their professions Mr.. TrunsuLL believes his
conHscatiop and emancipation bill to be consti-
tutIonal. He cites the progiaious Of the Con-