Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-11-28
EssPoHTANF JUDICIAL DECIs1oN.
Tks Federal CoM6sosssOss .4ef Decided =,
be Essc0HsfffssSSOsaF.

From the Maysvile Gy) Eagle Nov. 81
! =. At the present session Of the Mason circuit
court, the Hon. l. w. Andrews, circuit Judge
| presiding, an action for the recovery of a note
of S5 900, instituted by Rsbeecs Doniphan, Jno
| Douiphan, and james DOniphan, against Darius
Norris, was tried The defendant 10 his an
swer to the action, sverred that she plsiasiffs
James Doniphsn aud Rsbecca Doniphgn, at the
commencement of the present rebellion, we're
citizens of Missouri, bat, symnathising with the
rebel cause, had removed TO the State of Arksn-
sas, where the plaintiff James DOniphan had
entered the service as officer in the rebel
army, ard had so continued. That The plsintiff
Rebeecs d )niphsn had removed TO one Of the
seeded States, and was thero giving aid and
comfort TO those in rebellion against the lawful
government Of the United States, and that each
had, consequently, forfeited to the government
their property, money, chooses ia action. etc
under the provisions of the eOnfscation act, the
President having issued his proclamation as pro-
vided for by said act, warning all those in re-
bellion TO return to their allegiance. moro than
sixty days before the commencement Of the
action, and that plaintiffs, notwithstanding the
proclamation, continued their rsbellious prac-
tices.
This defense brought directly before the
court ths constitUti )naity of that section
-fe conhscation sct which declares that of
who shall for sixty days after the Presi-
dents proclamation continue In rebellion, their
property shall b. forfeited TO the government.
and authorizes the President 20 seizs it and sp-
propTiste it to the United States The aci further
deelsres that it shall be bar to all actions TO
plead and prove that tie plaintiff Is in rebellion
against the government
The % section of the 81 article Of the Consti-
tuition Of the United States says: The Con
gress shall have power to declare the punish |
ment Of treason; but no sttsinder shall work
corruption of bsOd or forfeiture except during
the life of the person sttaintsd " II the obisct
and intentions of the cOnfscation act is 70 work |
a forfeiture Of the estate OF the rebel without |
previous indictment, trial and conviction for the /
crime of treason in a court of compssent juris- |
diction, as argued, then in the judgment Of the I
court i was clear lnfrsetion Of that portion Of
The Constitution quoted above. Il sustaining 4
this view of the guestos, the court sptly alluded
10 the practical working Of the law, if carried
Hto execution. In effect it clothes every iudi |
sial officer, from the chief justice Of the United
States down to the police Judge Of the pettasl
village, with power Indirectly to try every suit-
or, plaintiff in his court, for treasou-snd that,
90, not under the regulations governing erimi-
aAl trials bat according to practice Of the civil
tribunals of the country. Then, too the oiti-
n under this law, might be deprived of bis
property By judgment Of civil courts, aad after
Fard upon indictment and trial in the criminal /
courts be pronounced innocent.