Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-07-25

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! 7 herewith return IL your honorable hoiY,
in which II originated, tir lii! l1r an a.. rii-
titled An act to suppress treason lRd T,hel-
lion, tc SEIZE and r"nrisrat. tha FropartT 0i
rehtl2, aud i"l "lher purposes r.a'.thrr
with my objections IL ita becoming 4 law
There is much in tin. bl!i Ia which | per.
rriyr nn objection. 1t Is wholly prospective.
and il touches neither person nor property 81
any loyal IitrA"n III which l'arIi'niar ii lr's (
am, proper.
The iir:I and gc.,.'td s'.'lI0na rG"IiLr l"I t.,-
conviction and I"iul- hTnrni "i l,cis"ns h''
shall be guilty Vi tieas"u hirt persons y hu
shall 'nctc set Oh iait assist or CTga:a in
any rebellion Oh iilsurraction against the au-
thority OF the United States, cT the laws there
Of, OF shall gi"c aid Or cciEioTt thereto, OF
shall engage in CT gi;:e aid and comfort 10 an
such existing rebellion cT Instruction j..
lair construction. Ecr rToEc within these coz
ticns arc not punished :v;tt7n1 regular trial in
duly c1ngtiiutad c2urtc. Under the Terms and
all the substantial rr"Ti:i"n5 "I laW and II
Constitution applicable. {" Il'rii several sl""e.
| Ia tins perceive nI pblrtiI,r especially "a
! such rcrs0IS wunli Ice within the General
! pardnnin:r power, and also lhr apcc'al pr"yi-
.inn Tor pardon and amnesty c,.!,ia,.d Ii.i:,
ACT.
il Is also provided that he slaves; ui rrr
s0ns convicted undrr these Srcti"ns shall Ir
free. thinl; there !; ali unfortunate form
III expression, rather than substantial oh
lection, i'll lhis. 1t is startling to say thar
Congress can lree = slave within Stale and
yet If il were said Tho ownrr-hp al tic slave
had first been transferred 10 the nation, anl
| -, E.I Il. a /,
| ! would 1T Gr'r vanish. AMI Ii,a = nttr
rca! Ha-r. The traitor a@aln=t itr t'"nrrtl
! Government inricta his slaYr al least a IIStir
/ as he does any Other property: and he i"ritta
| both IL the Government against which lic oil
ieTds, The Government, 50 Isr as there can
he ownership, thus Owns the fortified slaTes,
and the question lor Congress il regard 10
them is, shall thcy be made iT2e or he sold to
ncw maatcre - perc2iTn 10 objection to
LungreG; deciding iii ad"ance that thfj stall
| lie free
10 the high honor oil kantUSly- :, q .rl III
| formed, she is the owner Of some slaves hr
s3chtat, ard has sold none, but liberated all.
hone tie Same is true ol sonc ether States.
possible icr tic General Gc-crnmcnt o return
rcrScnsso c:rcunEtanccd 70 slarcr-. E"-
which could neither be turned aside by :r-u-
ment. nor driven ar;ay b. force. In this view
haze nc objection 10 this feature of tEc bill.
Another matter involved in tEeSc tT:'c sections.
and Running through oticr parts Of ti.c Get,
52.il i;c noticed hereafter.
percci=c no objections 10 tie ti';|l aid
fourth sections
So far as wish to notice the fifth ana 5iEth
sections, they may he considered together
| That the enforcement oi these sections would
do no injustice to the persons embraced wlthn
them, is clear. That those =. ho make Il cause
less war should be compelled TO pa:- the cost
Of it. is too obviously just TO be called ii CUES
ton. To give government protection 10 the
property oI persons who haze abandoned It.
md gone on 4 cr;;Sa:l2 to c''crthro'" the SAINT
Government. is absurd, il considered i: the
mere light Of justice. Thc sc"crcst justice
may not always be the best policy. The rrin-
ciple Of scizing and apFropriating the prop
crtr Of the persons embraced within these
sections is crrtainl-- rc5 yer: objectionable.
hit i,,stl,- discriminating application ol ii
would be very different. and, 20 Cr:st o.
tent, impossible. And ;~ould il not ts iT-;e2 10
place n power OF remission somewhere, 80
that these persons ma" know theT- haze G0iii:-
thing TO lose h. rcrsi.:tnG | an not sire
whether such power Of remission IS ori' not
within section thirteen Without anT- SPc.iai
act Of Congr.S, thi.l. Cir military CGmman-
ders. when, iii militarJ- phrase, the are
within the cnS MY: country, should, lii an
orderly ma nnrT, Eci1e and Use whatever Vi
real peasonal property may. br necessary or
convenient lor their c0mmandS-at the same
time preserving. ii s"Te vaS the cTi"nc" II
what they 10
What | have sad iii regard to &la"r5 while
rommentin% GH tile rT:t and second sections
is applicable u Tie ninth, with tile difference
that no provision is made iii the whole act
Ior determining whether particular lndl-
yiLual slave does or dos lr"L lal! within The
classes defined III tliat section. il" IS /" DE
free upon certain conditions, Int whether
those conditions do or do not pertain IL him
no mode oi aScertaining is rrorlHl'd 'fh'F
oouti br easily supplied.
10 The tenth seIti1n make In ,i,c''ii"n
The oath therein r.lire'l seems IL Ia proper
and the remainder OF tie Section j. >"bathIl-
tally identical with = Law :ilr"ad eXi.iih@.
The eleventh section imply aSanlh'i lo'"h-
fer discretionary power upon il,c Executive
Without the law, hav. h' rSi'alIHII l" ."
as far in the direction Indicated aa ma Al
any time deem cxreii2hI Ana am frad!
to say now, think it Is proper i'r our mili-
tary comma nandcrs to cmTlo?, "s !ab"rers: as
man. persons OF African descent a. cGT &c
used to advantage.
The t,-nlith and thirteenth sections arc
something better than ;iToti ccti3Eablc: and
the fourteenth !; entirely proper. ii iii ether
narts of the act shall stand.
That to which chiefly oLje>t, parra;i2-
n,3zt part oi the act, Lit more distinctly aT
pears in the first, secoIii serenih, and ,l2hii
sections 1t is the SUN Of those prariai"ns
which results in the dlvesting oi title forever
For the cause 0i-treason and ingredients 0
treason, not amounting to the foul crime
it declares forfeiture extending beyond
the l:es Of the gnilty parties wh're
as the Constitution 81 the United Stnts.
declares that mo attaind2r or treason
shall wori. corruption Of blood or IoT
feiturc, except during the lie ci tie FER.
son attained" True, there IS 10 BE- i0FIi'al
tender il this case: still think the greater
punishment cannot be const!tutionaIiJ inh!c'-
cd. in Z different form, for the sane oiieifce'
With great respect am constrained 20 say
think this feature Of the &C. IS uhcohstlt'i'
tional. it would not be difficult to modify
il.
! I NAV remark that the provision Of ;h'
Constitution. Tut in language borrowed from
Great Britain, applies only in this countr*
as | understand, 10 real or landed estate
i Asaia. this act, n rem., fcrfeits proper!
for the ingredients of treason without coz
viction Of the supposed criminal OF person
al hearing given him in any proceeding