, 1861-12-09
SENATOR TRuMBuLL'S BILL.
Speech Of Hon. Lyman Trumbul,
Of Illinois, in the q. s. Sen
ate, Thursday, Dec. 5th.

ate, Thursday, Dec. 5th.
Mr. TRrMpr11, (Rep.) Of Illinois, intro
duced bis bill for condscating the property
and giving freedom to the slaves Of rebels.
In presenting this bill to the consideration
OF the Senate desire to accompany it with |
some remarks explanatory Of its character and
the principles on which it Is based As its |
title imports, it Is 8 bill for confscating the I
property and giving freedom to the slaTes Of |
rebels. It provides for the absolute and conf |
plete forfeiture forever to the United States Of |
every species Of property, real and personal, |
and wheresoeYer situated within the United |
States, belonging to persons beyond the juris- |
diction Of the United States, or beyond the /
reach OF civil process in the ordinary mode OF |
judicial proceeding, I'm consequence Of the
present rebellion, who during its existence
Shall take up arms againstathe United States,
or in any wise aid OF abet the rebellion,
FORFEITURE Or PROPERTY.
This forfeiture to be enforced against prop.
erty in the rcbellious districts through the
military power, and against property III other
portions Of the United States in which the
Judicial power is not obstructed BY the rebel
lion, through the courts, and tile proceeds OF
the property Of each indiyidgal seized and for.
felted. subject to the Just claims Of his loyal
creditors, TO be hc1d for the benefit Of loyal
citizens dcspoled Of their property By the re-
bellion, and to dcfray the expenses incurred in
its suppression. Tie bill also forfeits the
claims Of all rebels and those who give them
aid and comfort, to the persons they hold in
slavery, declares the slaves thus forfeited free,
and nakes it the duty Of the President to pro-
vide for the colonization Of such Of them is
may be willing to 60, in Eome tropical coun-
t. EheEe they may have b. the pGtset591 Is lot ot
| rights and privileges Of freemen. The prop
| erty belonging to traitors, or those giving
| them comfort, who may be convicted by the
| Judicial tribunals, is to be forfeited on their
| conviction the realty for life and the personal
| property forever.
A DISTINCTION MADE.
| These arc the main features of the Till have
| introduced, accompanied with the details
necessary to accomplish the objects dictated.
| 1t will bt observed That distinction is made
in the mode Of forfeiture Of rebel property in
| districts under insurrectionary control, 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 bc
| enforced through military, and in the other
| through the judicial power. This is 4 matter Of
| necessity, for it would be Impossible to Gu
| force the forfeiture through the courts in dis
I tricts where the judicial power was oyerborne
by the rebellion, and. If not impossible, it
would, in my Judgment, be clearly uneonsti~
| tutional to enforce if any other way in dis
tricts where the property seized was within
case ofa conviction 1or treason the property
Of the traitor within reach Of the court can
only be forfeited by tile court-the personally
forever, and the real estate, under the Consti~
tntion, for life only.
ITS eoNs1lTrT1oSAL1rI.
The power Of Congress to pass bill Of this
character is, to my mind, unquestionable; but
do not place it On the ground which has been
t advanced in some quarters, that III times OF
war OF rebellion the military is superior to
tic civil power; or, that in such times what
persons may choose to call necessity is higher
plea OF tyr:tnts, and if Our Constitution ceases
to operate the moment person charged with
its observance thinks there is Il necessity to
violate it, it is Of little value. So far from
admitting tile superiority Of tile military over
the civil power i'll time Of war, or that there
| that under our Constitution the military is us
} much subject to the control of the civil power
', in war as in peace. The powers Of Govern,
ment under our system are three, Of which
the military is not one. 1t il merely incident
to the others, and subject to one Of these, tht
: Legislative, without whose permission it CAL
have 10 existence, and when called into being
: By the action Of Congress, it is by the Consti
| tuition expressly made subject to such rules q:
+ Congress shall prescribe for its government
i / When, therefore, our armies, to raise and sup
: port which Congress has express authorit,
d under the Constitution, go forth to suppreE
insurrection, and in doing SO shoot dow
: rebels and dcsolatc their abodes, as they con
, Etitutionally may, they are as much subordj
c nate to the civil power as when engaged in
:, holiday parade in time of peace; and contra
+ band property seized and appropriated by til
g military in inEurrcctionary districts in SUI
i preston of the rebellion is US 1egitimatcl
taken as if condemned to forfeiture by til
n | Judicial authorities in districts in which jud
IL | cial process was not obstructed-
:, TILE CONSTITUTIONS AMPLE.
I Iwant no other authority for putting dow
E, | cycu t]iie gigantic rebellion than such as ma
be derived from the Constitution properly il
:. tcrpretcd- It is equal even to this great eme
e geIcy, and the more NC study its provisions
IT IT the more it is tried in tronblous times, til
i, greater will be our admiration for the instrl
1ne1lt and our yeneration for its authors. 4
II unpopular as the ay0wal may be for the MI
=, ment among the thoughtless, here dccla'
T that am for suppTcssing this monstrous F.
,A ~, bel1ion according to law, and in no other wa
III and / believe that Congress has only to di
!. charge its duty, and the army perform its wit
'e energy and activity, to bring the war to 70
m to maintain the Constitution, and it especial
Il, | becomes us, in appealing to tho people
Y come to its rescue not to violate it uursclyc
is How are We better than the rebels if bo
rz alike set at nouglt tic Constitution? I VA
T. my countrymen who stand ready to tOlcra
81 any act done i'll good filth for the suppressit
nd Of the rebellion, not to sanction usurpatiol
- Of power which may hereafter become prcc
~ =. dents for the destruction Of constitutional Ii
Sx W. erty. The Constitution declares that Congrc
he shall hayc power Ito declare war and nal
IT. rules concerning captures on land and water
IL 'sto raise and support armies" '' to proyi
he and maintain navy; to make rules for t.
al government of the land and naval forces;
nd provide for calling forth the militia to eAccu
lie the laws Of the un1on, suppress i9surrnetio
Is. which shall be necessary and proper for carr
;er ing into execution the foregoing powers
1T nd WHAT CONGRESS has DONE.
eg- Acting undcr those grants Of power, CO
ne gre5s has provided for bringing into servj
Ia: more than half million Of men, who are nj
ans{{ engaged in supprcssing the insurTcction; 4
To has, TO some extent, made rules for the goye'
ion ment Of these forces, which, as fir rs they
md are obligatory On them; but in the absence
wa any regulation as to how the army il to
~ used in suppresEing the insurrection, its co
ar tne 1nander would be at liberty to make such I
hx Of it, consistent with the rules Of ciyil1
are warfare, rs he believed must be conducive
~ the service Of the State, and best calcula
&C. to secure The end for which it WAS called il
son being. upon the principle that every man
a.e ,rs trusted with an employment or duty is P
sNe sary to enable him to perform the serEi
She Hence the power Of the army, in the suppl
ers. sion of an nsurtection, to seize, imprison
ver ehopt the insurgents; to deso1atc the coun
| iutt ttGupt ~ etlGE duA 4DA
.h;1 snt time being their property, and free the T
!, ~ ~ sons they hold in bondage, is as ample
ept ~ complete under the Constitution as that c
ex. court in peaceful times to arrest, impris
'ald try and execute a murderer.
me ITS POWERS DEFINED.
That the judicial tribunals haTc no right
M lne power to interfere with the army in the G.
- Else Of its powers in snppreEsing an insurl
ob1e | ton, either By issuing wits OF habeas cor
'Ital or otherwise, is apparent from the fact
ses. the only ground on which the military
10" thority can be inypked at all is, that the j
ufe, cial tribunal being oTerborne are incompet
1M 11afs to the task. Tie judicial authority ends
ssnd the very point where the military begins.
was may be, and often is, delicate c1aucstion to
gun I tcrm1ne this particular point, and decide
yice what localities the military, and in what j,
zlst- cial, authority should have sway. This
"g Constitution has left to be provided for
y rin Congress, By declaring that it shall have po
ROW to call forth the militia to suppress lnsuE
,rcc tion; and Congress, soon after the adopt
$ We of tie Constitution, passed IN act authoTI
than the President to call forth the militia for
the purpose whenever the laws Of the Un
poa' States were obstFuctcd By combinations
Hoa. powerful to be suppressed by the ordlI
then ! course Of judicial proceedings, and bF an
.rby, passed at the first session Of the present
had grcss, tho President is authorized, in Ger
Ee to cases. to dcclurr the inhabitants ct State
'iea, part thereof, in a state of instruction,
,E;,6 r 20 make use Of the army to.suppress it.
even REsPoss1BnIrT OF TIE E1RCCT1yE.
eets. The responsibility, therefore, Of determi1