The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-18

liable does he utter on the subject Of secession.
One leg sufilces him to hop about on. Itwould
be more in accordance with the seriousness Of
the subject, if he had stepped out boldly on
both feet. Nobody wants to be reminded of the
doings of the President, without being also told
what they were for.
Confiseatioh OF tho Property Of Traitors.
| A bill has been introduced into Congress to
con6scate the property of the Southern
rebels who have taken part in the rebel
lion against the general government, and we
observe that some very pous newspapers APP
plaud this old relic of barbarlsm, which is for
ever interdicted by the constitution. If the
President in time ofemergency was compelled
| to resort to some unconstitutional measures
| in order to save the very existence of the
| government, there is no necessity for the de-
liberate violation of the constitution now or
| hereafter. Such an emergency can never
| happen again, and the exceptional acts of Mr..
Lincoln cannot be made precedents for imita-
ton hereafter. In suppressing insurrection and
anarchy, and restoring the authority of the con-
! stitution and the laws we must take care and
not run into the other extreme Of despotism.
| Congress has no more right to conGscate the
property of traitor than of the most loyal
citizen. Not only is no authority given to Con-
gress in the constitution to do it, but it is ex
pressly forbidden; and the reason is that it would
be visiting the sins of the guilty father upon
| his innocent wife and children and to genera
tons yet unborn. 1t is manifestly unjust. The
third article, third section Of the constitution
| thus concludes-
The Congress shall have power to declare tho punish
ment of treason, but adinder Of shall work
corruption of blood or forfeiture except during the life OF
| the person attantod.
| According to this section the faint of treason
cannot descend to the children of the person
attainted, and they do not forfeit the inheritance
of their fathers property. This is the case un-
der the monarchies and despotisms of Europe,
| but the trainers of the constitution established
new doctrine for the American republic. The
constitution says "except during. the life of the
| person attainted," which implies that Congress
has the power to deprive him of his property
during life. But as Congress has made the
| penalty of treason DEATH then the exception
| practically does not amount to anything if the
| penalty of death is carried out. Were the
punishment imprisonment then the case would
| be different.
| But in no case can Congress make new laws
| to punish offences already committed in this re-
bclion. The constitution is clear and decided,
on this point. Section nine of the first article
| runs:-"No bill of atainder or ca post facto law
shall be passed. Aud as if even this were not
strong enough to satisfy "the people, who or
dained the constitution, they added in subse-
qlent amendment, "No person shall be depriv-
ed of property without due process of law; nor
shall private property be taken for public use
without just compensation" A bill "confiscat-
ing property in the rebel States is, therefore,
clearly a fragrant violation of the plain pro-
visions of the constitution. If there is any one
thing the constitution guards with more jealous
care than another, it is the rights of property
There can be no Cromwellian considerations here,
such as were resorted to in the case of the sub
jugati0n of Ireland-measure which, after all
were not very successful; for though the whole
soil was coniscated three times over, the loyalty
Of the Irish is very doubtful even at this day.
Before the adoption of the constitution in the
time of the Revolutionary War, the States con-
iiscated the property Of many persons who were
loyal to the British government, as they had the
legal right to do, and we find in the treaty of
peace that provision is made for restitution and
against future con6scations.
The constitution settles the matter forove.
and Justice Story, whose authority as consti-
tutional expositor no Northern man will VEN
ture to dispute observes in his Commentary
THE power to pass bills ofattainder and er post
.faco laws is quite unfit to be entrusted to the
States as to the general government. 1t was exer-
csed by the States during the Revolutionary
War; in the shape of coniscaton laws, to an ex-
tent which, upon cool reflection, every sincere
patriot must regret. BY the common law,
one of the regular incidents to an attainder for
treason-that is, to conviction and Judgment
in court against the Ofender-is that he forfeits
all his estate real and personal. His blood is
also comupted-that is, it loses all Unbeatable
qualities, so that he can neither inherit any real
estate himself from any ancestor or relation by \
blood nor can his heirs inherit any real estate
from him or through him from any ancestor or
relation by blood. The constitution has
abolished this corruption Of blood and general
Forfeiture and confined the punishment exclu-
sively to the offenders. thus adopting rule
founded in sound policy, and as humane as it is
just"
The ALLEGED CLOTHING CONTRAC
1t will be seen by the report Ct Messrs. V. r.
Richmond and Lieutenant Governor Campbell.
the special committee Of the Military Board.
upon the State clothing contracts, that the en-
tire blame of the contract frauds is laid upon