Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-07-18
LATEST NEWS.
BY TELEGRA PH
TO THE WORCESTER DAILY SPY.
The Presidents Message on the COnfis-
cation Bill.

representatives considering the bill for an
act 'tO suppress the insurrection, to punish
treason and rebellion, to seize and coniscate
the property of rebels, and for other pur-
poses" and the joint resolution explanatory of
said acts, as being substantially one, | have
approved and signed both. Before | was in
formed of the passage of the reservation,
had prepared the draft of a message, stating
objections to the bill becoming law, copy
of which draft is herewith transmitted.
ABRAHAM LINCOLN.
July II, 1862.
FelloV citizens of the house of representa-
tices:-I herewith return to your honorable
body, in which it originated, the bill for an
act entitled "An act to suppress treason and
rebellion, to seize and confiscate the property
OF rebels, and for other purposes" together
with my objections to its becoming a law.
There is much in the bill to which perceive
no objection. 1t is wholly prospective, and it
touches neither the person or property of any
loyal citizen, in which particular it is Just and
proper. The first and second section pro-
vides for the conviction and punishment of
persons who shall be guilty of treason, and
the persons who shall incite, set on foot, as
sist, or engage in any rebellion or insurrec-
ton against the authority of the United
States, or the laws thereof, or shall give aid
or comfort to any such existing rebellion or
instruction.
BY fair construction the persons within
these sections are not to be punished without
regular trials in duly constituted courts, under
the forms and all the substantial provisions of
law and OF the constitution applicable to their
several cases. To this l perceive no obec-
ton, especially as such persons would be
within the general pardoning power, and also
within the special provision for pardon and
amnesty contained in this act. 1t also pro-
vides that the slaves of persons confiscated
under these sections shall be free. [ think
there is an unfortunate form of expression,
rather than a substantial objection, in this 1t
is startling to say that congress can free a
slave within a state, and yet, were it said that
the ownership of the slave had first been
transferred to the nation, and that congress
had then liberated him, the difficulty would
vanish; and this is the real case.
The traitor against the general government
forfeits his slave at least as justly as he does
any other property, and he forfeits both to
the government against which he offends.
The government, so far as there can be own
ership, owns the forfeited slaves, andthe ques-
ton for congress in regard to them is: ''Shall
they be made free or sold to new masters?"
l see no objection to congress deciding in adj
vance that they shall be free. TO the high
honor of Kentucky, as l am informed, she
and has sold none, but liberated all. hope
the same is true of some other states. Indeed
l do not believe it would be physically posi-
Bile for the general government to return per-
sons so circumStanced to actual slavery. |
believe there would be physical resistance to
it which would never be turned aside by argu-
ment, nor driven away by force. In this view
of it l have no objection to this feature of the
bill.
Another matter alluded to in these two sec
tons and running through Otherparts ofthe act
will be noticed hereafter. | perceive no OBJ
lection to the third and fourth section. So
far as l wish to notice the fifth and sixth Sec
lions they may be considered together. That
the enforcement of these sections would do
no injustice to the persons embraced within
them is clear. That those who make cause
Jess war should be made to pay the cost of it
is too obviously just to be called in question.
10 give government protection to the proper
ty of persons who have abandoned it and gone
on a crusade to overthrow that same govern
ment is absurd, if considered in the mere light
of justice.
The severest justice may not always be the
best policy. The principle of Selling and APP
propriating the property of the persons en-
braced within these sections is certainly not
very Objectionable, but justly indiscriminat
ing application of it would be very difficult,
and to great extent impOssible and would
it not be wise to place power Of remission
somewhere SO that persons may know they
have something to save by desisting. | am
not sure whether such power of remission is
or is not within section thirteen 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 be necessary
or convenient for their commands, and at the
same time preserve in some way the evidence
of what they do.
What l have said in regard to slaves, while
commenting on the first and second sections,
is applicable to the ninth, with the difference
that no provision is made in the whole act for
determining whether a particular individual
slave does or does not fall within the classes
defined in that section. He is to be free upon
certain conditions, but whether these condi-
tons do or do not pertain to him, no mode of
ascertainng is provided. This could be easily
supplied. 70 the tenth section | make no
objection. The oath therein required seems
to be proper, and the remainder of the section
is substantially identical with law already
existing. The eleventh section simply as
sumes to confer discretionary powers upon
the executive without the law L have no
hesitation to go as far in the direction indicat-
ed as i may aU any llihc ueSlh SAPSulCLl' anu
| am ready to say now, that think it Is proper
for our military commanders to employ as la
borers, as many persons of African descent
as can be used to advantage. The twelfth
and thirteenth sections are something better;
they are unobjectionable And the fourteenth
is entirely proper, if allother parts Of the act
shall stand.
That to which chiefly object pervades most
Darts of the act, but most distinctly appears in
fine first. second, seventh and eighth sections.
II is the sum of those provisions which results
in divestinp of title forever. For the causes of
treason and the ingredients of treason, but
omountinr to the full crime, it declares for
fetnre beyond the lives Of the guilty parties;
,,horoas the constitution Of the United States
declares that "no attainder treason shallwork
corruption of blood or forfeiture except during
the life of the person attainded. True there
i IN he no formal attainder in this case, still,
7 think the greater punishment cannot be con"
shtutionallv inflicted in a different form for
the same offence. With great respect am
constrained to say think this feature Of the
act is unconstitutional 1t would not be diff
cult to modify it. | may remark that the pro-
vision of the constitution put in language Dor
rowed from Great Britain applies only, in this
country. as | understand, to real or landed
estate.
Again, this act by proceedings IN rem for
fets property for the ingredients OF treason,
without a conviction of the supposed criminal
or personal hearing given HIM IN any pro-