The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-07-26

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8H re- aop = auaa bs8e F
THB C0NHlsCATIoN ACE.
The provisions Of this oct arc generally VA
. measures, whose warrant ID the actual existeuc,
OF great war, and whose object 10 to carry OF
! the war by such means % the necessity of va,
: require, and TO subdue the enemy BY depr;vipe
J them Of their resources, and by iDfictipp such
} penalties as the rules Of war justify. Some o.
the provisions are not of this nature. but are "a
provide penalties for treason. The first four
sections are for this purpose. The punishmen.
they declare for persons "adjudged guilty" Of
treason, is death and freedom Of their slaves
or Imprisonment, fine of not less than &c, 900
and freedom of slaves, the 6ne to be collected
from all real and personal property except
slaves.
Hitherto the penalty for treason, whether BY
ievylng wartor BY aid and comfort, WAS death.
For the first description of this crime the new
act provides an alternate penalty of fine. Aid.
ers and comforters are treated as persons actu.
ally at war. The penalty for treason can only
De imposed on those adjudged guilty by the usu.
al process of trial. Tho other provisions of
the act are strictly war measures They are
based, first, on the rights and necessities of war:
second on the rights of Constitutional Govern.
ment against rebels. As to the FIRST, the Gov
eminent has all the rights of war that it would
nave II the same danger we're from foreign in.
vasion. As to the second, the Government does
not lose any OF its right to punish criminally,
oy resorting to the laws of war, nor does it re-
cognlze any rights of war in the rebels by re
gardiog the usages of war. These points We
have argued at some length heretofore, and az
they are not seriously contested, the assertion
of them is sufficient now
The act provides that the President shall cause
the seizure of all the estate, real and personal.
OF every person holding any Office, civil or mill
tary, under the authority of the so.called Con.
federate States, or in any of them, (unless, in
case OF State officer, he has not taken an off.
cisl oath of allegiance to the Confederates,) and
shall institute in the q. s. District Courts pro.
ceedings against the property, to have it confis.
Gated for the use of the army and navy. These
may be instituted In the district where the pro.
perry is situated, or, in case the property is
movable, in any district into which it may be
taken. The Judges decide upon the fate of the
property, ss in admiralty or revenue cases.
These penalties are all prospective. They
allow an amnesty to all who will lay down their
arms and return to their allegiance. After the
leaders are thus disposed Of, the act provides
that, after sixty days warning by proclamation
OF the President, the property of any person who |
shall continue in arms against the Government
shall be coniscated. The President is required
to cause the seizure Of the property. In add.
ton, the Courts are authorized to institute pro.
ceedings issue process, and do all things neces.
sary to carry the act into effect. The slaves of
those engaged in rebellion, or in aiding and
comforting it. on escaping to our lines are to be
tree. Persons claiming fugitives in any State !
or Territory are to make oath that they have not
in any way aided the rebellion, and military and
- u~1 4NS eH~ksA -
validity Of such claims.
The President is authorized to employ persons |
OF African descent in suppressing the rebellion, |
and to organize and use them in such manner as |
he may deem best. He ia also authorized 70
make provision for colonizing the negroes made
free by the war, in some tropical country outside
our limits. Furthermore, he may at any time |
extend an amnesty to persons who have been in |
rebellion, on such conditions a. he may deem
TT; and he may restore property taken from those
who may be found to be innocent
Aftor the bill had passed both Houses, the
Presidents intention to veto it, on constitu.
tional grounds, was communicated to the mem
bers. His objections having been stated, the
Republican members, in order to avoid the
disaster Of the loss of all con6scstion meas
ures, and the depressing result which such
result would have on the earnest supporters
ding evil effect in encouraging the enemy,
concluded to remove the Presidents constitu.
tional objection by an explanatory resolution,
declaring that the penalties under the act
should not be construed go as to work for
fixture Of the real estate Of the offender be-
yond his natural life.
With this proviso the President signed the
bill, and a. he had written . veto message, he
sent that in also with the act, to show to q
candid world the jealousy with which he
guards the Constitution. The act is sufficient
even with the restriction of con6scation of
real estate to life estate, to be of great sers
vice in suppressing the rebellion, if properly
executed. It will be seen that 80 far as Selling
the enemy's property, in the enemy's country,
and receiving and using the enemy's slaves,
the execution Of the act depends entirely on
tho President and his subordinate military Of
fcers. The proper execution Of the act will
be radical change in our war policy.
The confscation Of the property of the com.
mon soldiers in the rebellion does not begin
until the President has given sixty days warn
ing by proclamation. This should be made ct
once, for until it is made, the act is an exemp-
ton Of the property Of this class-which in
cludes the msss-from the penalties of war;
To sgreat extent the oct provides only what
10 warranted by the ussges Of war. 1t is en-.
acted to overcome the tenderness Of our war
policy toward the enemy, and to make the war
real % the earnest supporters Of the Govern.
ment feel the danger to BE-. The vigorous en-
forcemsnt Of the act in order to make the var |
serious to the rebels, 10 due to the sacrifices |
which have been required, and are still de- |
manded Of the loyal people.-(Cin. Gas.
FROM HARPER,s SERRY.
Grand Scouting Expsd;t;ons-No Army in Force
-Alsrtaess Of our Troops.
HARpER's FIERY, Monday July 81, 1862.
ed advance Of the rebels on Winchester is On,
tirelY ahated. Four eco1ting axnAditiona of |