New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-03-05
dangerous because they ar. hidden; therefore

the power under the Constitution which Is necessary
TO put down this rebellion and panlsh the neoeis
and that there il not In reality any necese.y vi
straining any of its provisions IN any way tha'
address myself 10 this first proposition whicn 'u
Congress can forfeit the property OF the Rebels Ior
a term longer than their lives by any enactment
either direct or indirect. All persons now 70 r.oei
lion, having levied war against the Umtta States,
are guilty of treason within the exact d-nnioh Vi
that crime in the Constitution. But tue secono re'-
ton of that same clause provides tns' no s'1inoe'
of treason shall work corruption on olood,
forfeiture ETC., except during the life OF the person
attained Therefore, any law made for the gnid'
suce of the Courts must conform to this provrlon
and no greater penalty can be imposed than 1t will
warrant. The power assumed IN tbis Di'i ID aio
obnoxious TO the provisions oil the CONSTITUTION Ill
il be- assumed that Congress make any forfeiture
of the property of Rebels without allowing the
means Of defense in the Courts people will do well
10 remember that our Government Is not an abso-
Lutte power. The powers of the Government are
limited and defined, and expressly delegated, ana
Congress has no power to punish any person except
for contempt Ii we had half dozen Of the most tra-
torous Rebels here to-day, We could not punish
them; we could pot bid the Sergeant at-Arms take
them on, and hang them. Nay, mOre the President
himself and all his army could not lead
them AWAY from these bals-for here they would be
" thin the domain of the law, and within its pro-
visions and the only way would be 10 deliver them
ouire to have separate Judge. And i may say
further that it is in this limitation Of the powers oil
the Government, that its gIeat merit consists; on
this account we love- cherish, and revere II, and we
are now at war to defend and preserve II. Again.
the Constitution says that no bill OF attalnder-
er post tact0--law shall be passed. Bills oil attain
der were resorted TO in England TO punirh persons
who were out Of the reach Of the Courts--in many
cases, even, after they were dead. lhey con-
demncd the accused TO DEATH II not deao
forfeited the estates and corrupted Tue ploou
of the children and heirs. Bills, however;
not nhict capital punishment, were called acts OF
pains and penalties, which, though perhaps ;hoy do
not come within the express letter oil the Consii'
tuition still contrary 10 its spirit ~ they sex 10
remove the persoDs from The power Off courts ana
by passing number Of bills Of pains and penalties
Won prodnce the same effect as bill Of attalnder.
No warrant can be found for any Legislature TO IN
dertake TO Pass any such bills. But DOW propose
TO 90 further and argue that the exercise OF such
power, even if it had been granted, would be both
Inisclevous and impoic, and our fathers DID wisely
and well in refusing it. Their great principle was
TO puni.b the guilty alone, and no; TO involve
whole fsmily, because in many cases the
family would be innocent. Suppose this
measure passes and these people are to be
overthrown 1t does seem 10 me you give them every
possible motive for revenge and bate. Their women
and children will hate you AID their childrens chill.
AMI if they should rebel again, have you not sown
the seeds OF many rebeons by this one measure
All this might make no difference II these were
alien enemies, and we were engaged IN war Tor
CONQUEST But il 10 not We have here In Con-
ores, made solemn declaration that 1t il not
of conquest OF subngs,on but for the preservation
of the Constitution and the Union, and l AID for
standing by that declaration. We have been told
aud believe that many Of these men now serving IN
the Rebel army are there by force. Are they 70 be
hung on The same scaffod as the willing traitor This
bin makes DO difference. The victim Of force in
the BEGINNING wonld end by being the victim OF
wrong aud injustice. Again, thousands Of these
people have been duped into rebellion by being told
that we were ail AbOiOnsts. Shall there be no pro-
yision for these men who have thus believed this
because it was ASSERTED by Southern demagoguoe,
and ne they thought proved by Northern hnsves /!
This bill distinguishes not the house of the yl.nter
from the ne gro hovel of the slave, and makes no diff
ference between the broad acres OF the one and the
little garden of the other. But even II your bill II
carried into operation, who will buy your connie,
Gated estates 7 What kind Of ueighboThood will
exist between the former owners and your puI-
chasers The tradition Of wrong will SIT at tie
bearthstone OF that family for ages, like hideous
specter ever melting 10 revenge and rebellion. You
might as well ny 10 attract purchasers 10y promsing
them good title to an Irish feud, or Corscan
vendetta. Such titles have never been good fou
might as we'll expect capital to seek the margin Of
volcano. where the lava had not ceased 10 ho~.
That which is taken by war must be held by war.
desire 10 notice another objection to this second
section providing for the emancipation OF slaves
Ar q Republican l protest against any measure Of
this kind, etnansting from the legislative branch Of
this Government. And l do 30 for the sake OF the
great party which came to the rescue OF the nation
md the Government just at the time when The con
spirators aud Rebels had nearly ruined both. II
ever there wac one slander more foul than another
and more mischevous, il was that alega
ton made by the SHAREHOLDERS OF the
South, and reiterated over and over agar
by their scarcely less wicked confederates Of th'
North. that tbesole object OF the kepnblican par
was the abolition OF Negro Slavery at the South
That Islander WAS the moving cause Of this war. Il
wss the catch-wOrd by which the infamous traitor
At the South were enabled 10 inaugurate the rebel
lion and consolidate the people with them, anc
which prevented US from over having hearing be
fore them. have but single word TO SAY Of thes,
allies Of theirs at the North. j have thousan'
times more respect for the meAnes soldier IL the
Rebel army to-day than have for those editors AND
orators OF the North who year after year. week ate
week and day after day, knowing the came 10 b,
false, published and sent down south this gigantic
lie and base Islander sganrt the true men o
the Free Sta,es nine hundred and ninety nine out O.
every one thousand OF whom never dreamed Of dis
turbipg anybodys constitutional nights or abolish
ing Slavery where il existed in the States; men
who reverence the Constitution next to their Bible
and who are now on the battle.feds Of the south
offering their lives 10 sustain it; men who would
never have troubled themselves about II at all had
Slavery been content to remain within its own lin
It's But when it undertook TO appropriate free ter
ritory, and the question was whether it should be-
long TO the white man or the negro then they en-.
tered into contest for it, and victory achieved
by the white man; aud that was Republicanisn, and
nothing else We have said we had 10 right, and
claimed mono, to NEEDLE with Slavery in the
Slave States. 1 protest against the second
section of this bill, rs being total and
entire departure from the principles Of the
Constitution, and most mischievous at this time
becaure il useIessly distracts the people Of this
country 1t would make us do what would crafty
our enemies everywhere, and be worth more than