Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1862-07-23
ConfscatIon.

said the President would not sign the bill
co~niseating rebel property. and with
whom, no doubt, the wish was father to
the thought" he has endorsed it with his
signature. and the bill is now a law. AL
though the bill rs originally passed b.
Congress, underwent some notifications
suggested by the President, it is still 3
strong weapon to be welded against the
rebels.
The following is g synopsis of the bill:
!. DeatL Cor treason and the freedom
| of the traitors slaves; or he shall Ice i'm
prisoned fi9c,yearS, fined $4,000 and IL his
estate, except slaves shall be seized.
.. The President is authorized to seize
the property of traitors and secure the
proceeds 10 the government. He is 10
issue u proclamation giving sixty DAYS to
rebels to return to allegiance, or THEN
property will be forfeited.
). For melting rebellion or giving it aid
or comfort. forfeiture of personal property.
ten years in prison. $1,000 fine and slaves
freedom given.
1. Slaves Of persons in rebellion, or who
give and and comfort, who take refuge in
our lines. TO be held as war captives and
forever after free.
5. Al slaves deserted by their masters.
or found at places occupied by our troops
to be free.
G. No slave escaping from one State to
another to be delivered up Except for
crime unless the claimant swears that he
has not borne arms or given aid OF com
fort to the present rebellion.
!. No person of Naval or Military au-
thority TO set upon the validity of claim
ants 10 the service of slaves, on penalty OF
dismissal from the service.
g. The President is authorized to en-
ploy Us many persons of lTrscGl descent FOR
he suppression Of tie rebellion as lie mGy
tha,k III, and use them ii such a manner
as he may deem Just tar tie public rcLarc,
and he is also authorized to make pro
vision for colonizing such blacks rs desire
to emigrate beyond the limits of the Uni
ted States.
9. The President is also authorized to
extend pardons. and proclaim general
amnesty TO rebels as he may deem eXpe-
dent for the public interest.
The Constitutional objections of the
President to the bill passed by Congress
were obviated by that body adopting a
resolution, as follows:
Resolved, By the Senate and House Of
Representatives. That the provision OF
the third clause of the fifth section OF an
act TO suppress instruction, to punish
treason and rebellion, TO seize and contis-
cate the property ofrebels, and other pur-
poses shall be SO construed as not to APP
ply to any acts one prior to the passage
thereof. nor to include any member OF a
! State Legislature, or a Judge of any State
Court who has not, in acceptance, or en-
tering upon the duties of his offices taken
an oath to support the constitution OF the
so-called Confederate States of America,
nor shall any punishment or proceeding
under said act TO be so construed as TO
work a forfeiture of the real estate OF the
offender beyond his natural life.
The President had prepared a veto
message, in consequence of objections he
entertained to certain points in the bill.
That message has been published. In it
the President urged the following objec-
tons:
That to which I chiefly object pervades
most parts Of the act, but more distinctly
appears in the LIST, I'd, 18th and Sth sec
tons. 1t is the sun of those provisions
which results in the divesting of title for
ever.
For The causes of treason and the m
gradients of treason, but amounting to
the full crime, it declares forfeiture be-
vondthe lives of the guilty parties, whereas
the Constitution of the United States de-
clares thai no attainder of treason shall
work corruption of blood or forfeiture,
except during the life of the person at
tanned. True, there is to be formal at
tainder in this case still, l think, h
/ greater punishment cannot be constltu-
tionally inflicted in a different form for
the same offense. With great respect, l
am constrained to say / think this feature
of the act is unconstitutional. 1t would
not be difficult to modify 1t.
I NAV remark, that the provision OF the
Constitution, put in language borrowed
from Great Britain, applies only in this
country. as I understand, to real or land
ed estate. Again, this act, by proceedings
il rem, forfeits property for the mgredl-
ents of treason, without conviction OF the
supposed criminal, or a personal hearing
given him in any proceeding. That We
may not touch property lying within our
reach, because we cannot give personal
notice to an owner who is absent endeav-
oring TO destroy the Government, is GER
tainiv not very satisfactory. Still the
owner may not be thus engaged, and |
think n reasonable time should be provi-
ded for such parties to appear and have
personal hearing. Similar provisions are
not in connection with pro-
ceedings IN rem. For The reasons stated,
| return the bill to the House in which
it originated.