The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-06-28

property; and one method does not eX-
clude another method but each is good
in its particular case, while some are for
hidden and therefore are unconstitutional
in all cases, A bill Of attainder and an
er past fado law are forbidden. No person
can be held TO answer for any crime, UNI
less on the presentment Of a grand jury,
nor tried otherwise than by jury of the
State and district. If, therefore, Con-
gress pass bill of attainder against JEFF
ferson Davis, or should enact that a court
of admiralty should try and convict for
murder, without jury, or indictment by
a grand jury, that law would be uncon-
stimtonal, for it is forbidden. II is a
trial and a coalici0a without due process
of law, and death under il is murder, and
Imprisonment under it is an illegal viola
ton of the liberty Of the citizen. But
it would be gross error to say that no
one can be deprived of liberty or life
otherwise than under criminal prosecu-
ton, for then the President has murdered
many men in the field, and enslayed many
men in the military prisons For men in
arms, bullet is due process of law; seiZ-
ure by military power is due process OF
law; they are lot conviction, nor trial,
nor punishment of the persons, they as as
suredly deprive them of life or of lib
erty as conviction and a sheriff, and
they are just as legal as conviction and
hanging.
SO there are methods of depriying per-
sons of property which are not connected
with criminal proceedings againse the
person, and provisions which define the
mode of proceedings against the person.
and limit the consequences of such pro-
ceedings, have no relation TO processes of
| law not against the person, which yet do
| deprive the person Of his property.
Taxation depriyes the person of his
property, not by any judicial process,
| but by an administrative process-yet il
! is a process of law, essential 10 the exis-
tcncc Of the government. 1t is just as
rational TO quote the prohibition against
taking private property for public use,
without compensation, to prove the un-
constitutionahty of taxation, as TO invoke
the prohibitions against making coniis-
cation a consequence Of conviction, to
prove that there could be no cOnhscation
without conviction.
If taxes be not paid, the failure is fol-
lowed by seizure and sale, without judi
cial process; for small amount of taxes
a large estate may be sold; and that is
a consequence annexed TO the illegal act
of failing 10 pay the amount assessed
Not unfrequently per centage is added
for delay, and levied with the principal
of the tax itself. When the sheriff or the
marshal, or the collector, sells the pro
perty for taxes, that is due process oil
law, and the change of property is in the
nature of penalty, and the expenses OF
the proceedings are ycritable fOrfeitures
for illegal acts.
1t is, therefore, q wholly unfOunded as
sumption that property is liable to be
taken for the defaults of the owner only
upon or after conviction for an oflense by
jury and conrt, Yet il is this confusion
between criminal proceedings against the
person and proceedings against property
because of persons acts which alon,
lends FEASIBILITY to the argument agains
the conliscation bills.
But 80 far from being new method o
proceeding, intended to evade the securi
ties thrown around the person agains
criminal prosecutions, it is one of tn
oldest forms of proceeding known to GU
laws.
The slightest examination of the rev
J onue laws of the United States will SHOW
that, from the foundation Of the govern
p ment fOrleitures for illegal acts have al
, ways been enforced in the courts, irres
\ pective of the conviction or prosecution
of the guilty person. The fact has bee
I investigated by the Judge without jury
and the cOniiscatiOn enforced for eight
@ years, without any one dreaming tina
p citizens were being punished withou
a either grand or petit jury.
8 The act of 1899 declares goods cutcre
Il under fraudulent invoices shall be for
o feited; and the forfeiture is enforced b
d proceeding against The goods and not III
n person committing the fraud. Surely III
l. men of 1899 knew what their constitutio
n meant.
BY various acts Of Congress, gOoC
0 imported in various foreign vessels Al
n forfeited, together with the vessel, an
y the forfeiture is enforced against Il
.e goods and vessel, and not by conyictiC
L. of the owner or importers.
- BY our navigation acts, licensed vel
y sells are forfeited for being employed
10 the foreign trade, or when found using
forged or altered license, or if sold TO OF
not citizen; and all these forleitur
" are enforced against the vessel directl
I, and not by conviction Of the own
whose property is condscated
n It is highly penal offence TO 81
mr. spirituous liquors in the Indian cOuntr
and the law not merely Furnishes the pc
ct son who carries liquor there by fine
m conviction, but the boats, stores places
deposit, and packages Of the trader q
nm directed TO be searched, and if liquor
mn wine he found there, all the goods, boa
In. packages, &c, Of the trader shall be Il
Ir. feited to the United States and the f
leiturc is enforced, not by conviction
H. the person, but by seizure and cOndcl
nation of the articles confscated in pl
IL ceedings against them. The manner
o. proceeding for forfeiture under the re'
es nue. laws is expressly extended 10 ca
hscations under the Indian trading las
nv The laws for suppressing the 81.
do trade abound in pointed illustrations.
ny Every person concerned in the IRA
~ is declared guilty Of a crime punisha.
by indictment the penalty varying a.
ed heavy fine 10 death, according 10
lat acts committed; and side by side "
for these penalties 30 Boz enforced by indi
M mcnt and conviction, are classes Of {
"" fixture 10 be enforced by libel agai
or the thing forfeited The forfeiture
"" con6scation depends on the fact O
der crime committed, but not on the con,
Is tion Of the person for the crime.
Of fact ia asccrtained by the appr0pri