New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-04-08
XXXVIIrH CONGRESS.
FIRST SESSION.
SENATE. WASHINGTON. April Z. tb9

M WILSON (Rep., Mass. from tho Mth'sry
Committee, reported. authorizing the President y
s:r sSd The 9un %sss '''
| The Confi.ca'iop bill was taken mp.
Mr.. TRUMRULL rep. Ill. said: Mr.. Presideuts
having made brief explanation Oh the main features
OF the bill nnder consideration, and the principles %
which Il based At the time 1t was reported TO tho
Senate, it was not my intention to have said soys
hing more upon IT. at all events the close OF tho
debate; but the Rereeness with which II bas bese
assailsd aud the misrepresentation TO which e hes
been subjected, uninteO,ional, Of course, make Il
necessary that should reply to Of tho s'rio.
lures upon 1t. Assuming that il was q sweeping
measure for the confseaiiou Of al the property 10
the Southern States the bill has been denounced -
unconstitutional and nexpedient with Q vehemenco
and viruence not 10 have been expected and surely
but lily calculated TO promote that calm, deliberate,
and candid consideration which the admitted import
| ance of the snbect shoc,O cOmnand. The senator
from California lMr. McDongal denomiosted Il No
act to sweep the whole Of populous country Of az
property, real and personal" The Senator IRON
Pennsylvani tMr. Cowan), after assuming thai =
would be "mOderate to es.i nate" the Lumber o.
perrons TO be affected the bill u four mil Ions said,
This bill proposes alta snse stroke to s,ie .l nn w
every sd whatsoever and reduce The" At once s'''''@
poverty. -, -, a. ~,
Ny colleague Mr. Brownlng) said the bill "strikec
at all the prop. rty OF every kind and character %
all The citizsDs Of the seeded Sates with securely 40
exception" The Senator from Virginia Mr. Csrilee
ssd:
.. :: the property each md ;ys' '
How grossly these Senators have miscObceived tho
character Of the bill will be apparent glance
at its provisions So far from sinking az all tho
property Vt each and every citizen in tire seeded
ststes. it would probably reach the property Of
one 10 ten OF tue Rebels, and Ia would touch
the property Of u 10y al cizen. In tho first place,
the bill is prospective in desperation and confscses
tue property Of no one for anything done before i,s
\. 10; tbo - n.la
in the land to save his property from copfscstiou,
ty ceasiug 10 against the Government from tie
time Of ito passaEe. Secondly, 1t only appee TO the
property OF such Rebel a. are teyOnd the reach u
Judicial process. Wherever the person OF the kebel
can be reached and ma subject TO the punishmsus
bis crimes deserve the bill does not propose -
touch his property. In all the loyal States, in.
GLIDING Mssouri, Kentucky, and isgs part OF Ten.
nessee AID Virginia. the 0bly persons whose property
could be touched by the bill would DO those whS
abandoned IT, and fed 10 other States to fight agsinse
the Union How different is such bill and how
harmless compared with the radical measure which
has 20 alarmed the Senator from Pennsylvania thse
be declared ito passage would do what treason could
uot-that " we ourselves will then have dissolve1
the Cmou!" What makes the course Of some Sers-
tors who have spoken against this measure the more
remarkable is tue fact tOst two Of them, at least
the Senator from Pennsylvania and my colleague
afe deuoun.ing the con cation OF Rebel property
limited extent, under the act VI Congress, ~ Sons.
thing industrious and horrible, before concluding
their speeches both svow Themselves in certain con-
tingcncies not only in favor OF the conhscatioo
or destruction Of the property OF Rebels but Of srn'
ING their negroes 10 fight agains. them. Their trouble
sesus to be Lest coGhscaion should b3 regulated by
law and not lett, they ilsist IL ought 10 be, e
the arbitrary discretion OF the Executive. That 1
NAV not do Injustice 10 any one, Will read few
paragraphs FROM the speech Of my colleague on I'M
III. -IpeSisncy Of this bill rsrises. Il. u,consi
u.l9ps.s. Ls, >.s sOGi. provisions. be her.!ded Ia -.
vance Of ID. srny as n,s,cns' % ,soa,. for one -
depAInx assia those whom ne, n'sbI en lasS
regard sse, AID o - ,ssr
.-s ,ubnisson 10 cessh toF ore 10 n2t sun ~ ~
fortunes dsvs,ts.e the hoDes Of all Leave somssos
tie guardianship OF ooVeOmeh' ana me pioeea'H
In subsesuen. portion Of bis speech my COLLEAGUES
Tho Government has tie at AID p,ss' sna :.sSs 70 ss
e.c.,s i. 20 aid cOnscss ell the property Of every
ss.In &. Govern ass or who as give ala and comfort e
shoss IN arms far .uch properly may come wann ne
S h az y Z. .o1 70 To cad aud b. .nd
SsS sd ,Pssss :s :aI : %
o to .S-rce this s and % .pPy such prop
essi proeation Of tho w dss,ius il. and
tightening is burdens on oysl cnts.s 10 ;ee1a
s..sry The power is power-she usas Is be-
srent tight Thee. principles are sppicshls 70 slave
The force. ana,r in rspelas fasive tson The
Ines or in ,Tes.ns aud returning them to Rebel mssers
s eo1 sss asde nee. s,sS. snd .e IL he
q and any whs;s 's,s sSns' o Be s. sS.
ssY. The Amy & not bound 30 take Of them, and
i. .Epen.s Of The Al who ,dv.n.ss
ou.y used should be used Let them 90 she ddseTy and
i,, ~ ouen ro.d bid bisss dig cis. .sd rsacbe
sroc. rscst.ons and do labor 81 every hind which Isy
DECIDED I army and ssaa a''f os ;sas o 's ssa our
from deoson Let them be formed ints companies
and T.; s' sossa sa ID
/ do not read these passages Tor the purpose OF
exposing the ineonfisteney of my colleague, Tor Is
seems after all, that !! not 80 mucn ,ns conns
manner in which it is done, be insisting "'nss
neither legslaton nor adjudication" is necessary 70
accomplish the objsct-a position, which shall
hereafter undertake 10 chow Il wholly ntenable,
and az war with both the spin. and letter Of the
Constitution. That the Constitution puts the force
of the nation into the Presidents hands, Investing
h,m With the war-making power which ne may
direct aud control be peases, and only restrained
in 90 far by Congress that he must depend upon
them 70 foot his bills and authorize bis levies,
a. insisted by the senator from PennsyivanA
MIR. Cowanl, wholly deny. There no
wsrrsn. In the Constitution for the assump-
ton Of such powers by the Executive. 20
for from il, the wsr-msking power IL, by The Con-
sttutiou, expressly vested IN smother oepsnmen.
Of the Government, and, - shall presently show,
the Supreme Court has decided tia, the power 20
coufscste An enenys property docs not resde In the
Executive bot III Congress, and nowneFe sise' Anu
vet strange as il may SEEM these sdvosates Of pre-
roestiye, who claim war powers for the President
b,sber and shove and beyond the CoDstHu ion, are
ala med beyond Vt the bare proposal to enscs
law whereby Rebel property to . vsEy limited ok
TENT may be appropriated TO the OF the var
A, all tbs Senators who have spoken sss.nst the BID
have made the same class Of objections, viii
reply 70 them somewhat in detail. though, L
must confess, without much hope Of gaining their
support " the measure, SINCE they are esi-
deni,ly hunting for objections, and would doubt