The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1862-03-29
LovxsvsIls Dsmucrat on cOaAseas4oa.

LO14sVB11e Democrat On COAMseStao8s
The Louisville Democrat says that the
bill to confiscate the property Of all those
in arms against the United States, which
is before Congress-. is unconstitutional,
because the Constitution says:
Congress shall have power to declare
the punishment Of treason but no at
tainder of treason shall work corruption
Of blood, or FORT iture, except during the
life of the person attained"
According to the old doctrine of Eng
land, from which the phrase "attainder
of treason" is derived, the guilty forfeited
his life aud all his property forever TO the
Crown. His children could not inherit
from him; as is meant by the corrup'
ton of blood"
But now what is the meaning of this
Introduction in the Constitution!
Congress shall have power to declare
the punishment of treason, with restric-
ton. The forfeiture of property can be
only during the lifetime of the Person at
tainted; nor can his children be rendered
incapable of inheritance,
Has Congress then p0~er, in declaring
the punishment of treason, to con1Scate
forever the property of the rebel ? II
that be possible, what is the meaning OF
this restriction upon the power to declare
the punishment Shall we hold that the
restriction applies TO the mere form OF the
law? Recollect that the law fixing the
punishment is at the discretion OF Con-
gress. and the Limitation is upon that dis
erection.
Now, if the lax SKe>, ttH1 SeOalty Of
death, and then proceeded to cOntiscate
property forever, would it ,s't be in the
very face of this provision OF ,ee ConSli'
tuition?
You may punish treason, says the Con-
stitution; but in that punishment chill
dren shall not be drbarred from inheri-
lance, nor shall the guilty forfeit his prop
erty, except during his own lifetime.
Then, ifa mans property is cOntiscated,
it must be for some other crime than trra-
s00.
The law new confisCates property used
in the rebellion by the consent of the Ow-
ner. That rs upon different principle
entirely. Such property is public, as
much so as camp equipage and supplies,
>~Msm Sae lawful PRIZE IN war. Bnt prl
vate property, not used in the rebellion
aby the0wNeI = ePe&@Nt, caRnot be eyer
49, &c.,, r.. -. -, +~.-5-s =. - !
The owner or his heirs, it appears to
Us can, under our Constitution, reclaim,
all private property confiscated for trea-
son; and when the Constitution and the
laws are restored, the Government will
have it all to return, or pcrsevere in
reckless and revolutionary act
AS a matter of policy, this law has no.
thing to commend it. Its operation would
ill all humane minds with disgust at the
savage spectacle. The calamity would
fall on the vile and helpless children, and
reduce them to want and beggary for the
guilt of the husband and father. IL it
were possible to be executed, it would
render one section of the Union scene
Of dcSolatiOn aud suffering.
But how is it to be executed, OF why?
1t can have no effect to put down the re-
belion; for it cannot be executed in any
State until the rebellion is put down. 1t
can only be law of retribution aud re-
vcnge. 1t will stand on the statute book
a mere 6rultum tutnsen, which will eXas'
perate those now in rebellion, and enlist
sympathy for them, by its savage terms
Such q law never can and never will be
executed but it will be held up to the
South to enlist all the energies OF despair.
Instead of any indictment to come
back to the Union, it would cut off all in
ducement to lay down their arms, and
render independence a necessity. They
could face no worse calamity out Of the
Union than in it:A-.''~e, ,...
1t may be said that the law can, at
least, be executed where the forces of the
Government have possession; but in such
localities what is the use Of it? Not to
put down rebellion; for in such cases the
rebellion is powerlesS.
The very proposition of such law is
an advertisement of weakness and deSpe-
ration, not Of strength and confidence. 1t
is an empty threat that in the nature Of
things cannot be put in execution.
Let the Union armies defeat and over
throw the rebels in arms, and proclaim
the restoration of the Constitution and
the laws, and guarantee the protection Of
all constitutional and legal rights to the
whole people. no matter how, i'll the hour
ofmadness, they may have felt, and talked,
aud acted.
Intolerance and vindictiveness never
saved Government, and will certainly
never save this.
We have had enough of that Self-right-
eouSness which feels itself justified. in
vengeance toward the sinner ; and it had
better stop now before it sows the seeds
of disatfection where none is now.
Courage, nagnanimity, and strict ad-
hercnce to the Constitution, are the
strength and moral power Of the Govern
ment. Measures dictated by passion and
the spirit of revenge, only weaken its in
tlucnce.
No one need refer US to the example Of
these rebels. They contiscate property !;
they Danish their citizens; they seize all
the property they need; and steal negroes
amongst their other crimes. They EN-
poy in war Indians and negroes. Such
deeds are to be Stunned, spurned and de-
spsed. jeff Davis Il Go. would sell
! themselves to Satan to accomplish their
ambitious purposes. They have no Con-
stitution and no law, but their own high
er law Of ambition, hate and revenge
Let them riot in their own abomination,
and whip their armies That will end
them. Don't mis-spend time and degrade
yourselves passing empty statutes that
must be read the world over with dfsgHst
and contempt.
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