Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-07-18

feilOw citizens OF the House OF Representatives,.
Considering the bill for act 10 suppress in
surreciion, 10 punish treason and rebellion, 10
seize and eon6scate the property OF rebels. and
Tor other purposes. and the joint resolution ex-
plsnatory oil said act as being substantially one.
have approved and signed both. Before wGs
informed Of the passage of the resolution bad
prepared draushi stating Questions 70 the bill
becoming a Law. copy OF which draught here
with Transmitted.
Sgnedl ABRAHAM LINCOLN.
July IL, 1862
Fellow citizens Of the House Of Representatives:
] herewith return 70 your honorable BODY. in
which il originated, the bill for an act entitled
IAN act 10 suppress treason and rebellion. 10
seize and confscate the property of rebels, and
for other purposes" together With my objections
10 its becoming Law.
There is much in the bill 10 which perceive
no objection. 1t is wholly prospective. and il
touches neither the person property OF any
loyal citizens. The first aud second sections pro-
vides for the convection and punishment of per
sons who shall be guilty OF treason. and the per
son who shall ncite, set on foot, assist or engage
in any rebellion OF Instruction against the au-
thority of the United States or the laws thereof.
or shall give aid or comfort 10 any such existing
rebellion or instruction. By fair construction
the persons within these sections are not TO be
courts. under. the forms and all the substantial
provisions of law and of the Constitution ap-
plicable TO their case. To this perceive no ob-
lection, especially such persons would be with
in the special provision for pardon and amnesty
contained IN this act. Ii also provides that the
slaves of persons confscatei under these sections
shall be free | think there is an unfortunate
form OF expressing rather than substantial OBJ
lection 10 this. Ii il startling 10 saw that Con.
I ca a slave within N and ypf
were il said that the ownership OF the slave had
first been transferred to the nation. and that
Congress had liberated them. the difficulty would
vanish: and this is the real case Of treason
against the General Governments foriets his
slave at least as justly rs he does any other
property. and he iorteits both 10 the Government
against which he Gfiends
The Government. 80 far as thee can be owner
ship. owns the forfeited slaves. and the question
for Congress in regard TO them il shall they be
made free or sold 10 new mastersg | see no ob
lection To Congress declaring in advance that they
shall be free. To the high honor of kentucky
as | am informed. she has been the owner of
some slaves by escheat and has sold none bat
/ liberated all. / hope the same is true OF some
other States Indeed | do not believe il would
be physically possible for the General Govern
ment to return persons so circumstanced TO actual
slavery. | believe there would be physical re
sistahce to il which would never be moved aside
by argument driven away by force In this
view of it | have no objection TO this feature of
/ the bill. Another matter in these two sections
and running through other parts OF fbe act will
be noticed hereafter perceive no objection to
\ the Sd and ith sections far. as | wish 10 no.
tice the 9th and 9th sections which NAV be con
sidered together That the enforcement of these
sections would do no Injustice TO the persons EN-
braced within them is clear. That those who
make a causeess war should be compelled TO pay
the cost OF IL il too obviously Just 10 be called IN
question. To give Government protection Ia the
property of persons who have abandoned il and
/ gone on crusade TO overthrow that same Gov
eminent, 10 absurd il considered in the mere
light of justice The sevcrest justice may not al
ways oe the best policy. The principle of Selling
and appropriating the property of the persons EN-
braced within the sections, Is certainly not very
Objectionable, but a Justly discriminating applica-
ton of it would be very difficult aud to a great
! extent impossible. Would il not be the place of
power remission somewhere SO that their per-
sons may know that they have something to save
by desisting. am hot sure whether such power
of remission is or is not within section 18th.
without special act Of Congress | think our
military commanders. when, in military phrase,
they are within the enemy's country should in
an orderly manner seize and keep whatever of
real or personal property may necessary or con
venient for their command, at the same time pre-
serve in some way the evidence of what they do.
What have said in regard to slaves while
commenting the first and second sections, is
applicable to the ninth, with the difference that
no provision Is made in the whole act for deter
mining whether particular individual slave does
or does not fall within the classes fetned in that
section. He is to be free upon certain conditions.
but whether these conditions do or do not pertain
to him. no mode of ascertainng is provided.
| This could be easily supplied. To the 10th sec
ton make no objection. The oath therein re-
qulred seems to he proper, and the remainder OF
the section is substantially identified with a law
already existing. The llth section simply as
sumes to confer discretionary powers upon the
! Executive. Without the law have no hesita-
ton to 20 far in the direction indicated as
may at any time deem expedient, and | am
ready to saw now think il is proper for the mil
itary commanders to employ laborers many
persons of African descent can be usel TO adj
vanage. The 18th and 18th sections are some
thing better. They are unobjectionable. and the
18th is entirely proper, if all other parts of the
act shall stand. That TO which chiefly object per-
vades the most parts of tie act. but most dis
tincty appears in the LIST. ID, 9Th. and 9Th sec.
tons. IL is the same OF these propositions which
results in the di,esting of titles forever. fol
the causes of treason and the ingredients oil
treason. but amounting To the full crime. Ii De
clares forfeitures extending beyond the lives Of
the guilty parties whereas the Constitution of
the United States declares that no attaincer Of
treason shall work corruption of blood or forfeit
except during the lite OF the person attainted
True. there is 10 be no formal attainder in thi.
case, still think the greater punishment cannot
be consttutionally infected different form for
the same oiiense.
With great respect | am constrained 70 say
think tins feature of the act is unconstitutional
Ii would not be difficult 10 modify il. | may re
mark that the provision of the Constitution, put
in language borrowed from Great Britain, ap
plies only in this country ] understand. t.
real or landed estates.
Again this act, by proceeding in rem, forfeit
property for the ingredients OF losses without
viction Of the supposed criminal, persona
Fearing given him IN any proceeding. That w
may not touch property lying within our reach
because we cannot give personal notice To an
owner who il absent endesvoring 20 destroy the
Government, il certainly not very satisfactory
: still the owner NAV not be thus engaged and
, think reasonable time should be provided fo
such parties to appear and have personal hear
my. Similar proceedings are not uncommon in
connection with proceedings in rem For thu
reasons stated. ! return the bill to the House il
f which 4 art.gtu.tad