Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1862-07-25

the government against which he ofends. The
government, far as there eau be- ownership.
owns Tho forfeited slave, and the question for
Congress- in regard TO them is, Shall they be
made free or sold to new mastersY' / sec no OBJ
lection TO Congress deciding in advance that they
should be free. To the high honor of Kentucky,
as am informed, she has been the owner Of some
slaves by escheat and has sold none. but libcrat-
ed all; | hope the same is true of some other
States. Indeed, do not believe H. would be
physically possible for the general government TO
return persons so circumsanccd TO actual slavery.
believe there would be physical resistance TO t.,
winch would never be turned aside hy argument
nor driven away by force. In this view OF il, /
have no objection Of this feature of thc bill.
Another matter contained in these two sections
aud running through other parts Of the bill will
be noticed hereafter.
perceive no objection to the third and fourth
sections.
So far as wish TO notice the fifth and sixth sec
tions they may be considered together. That the
enforcement OF these sections would do no inius-
tcc To- tlc persons embraced within them, is clear.
That those who make causcloss war should bc
compelled 70 pay the cost Of IT, is too obviously
just TO be called m question. To give govern
mont protuctun to the property Of persons who
have abandoned IL and gone on q crusade 20 over
throw that same government, is absurd II consid-
cred in the mere light OF justice. The se,erst
Justice may not always be the best policy. The
principle of scizing aud approprlatiug che proper
ty of the persons embraced within these sections
is certainly not very Objectionable, but justly
discriminating application of il would bc very diff
licult and. 90 great extent, impossible, and would
it not he wise tu place power of remission some
where so that these persons may know that they
have something 10 save hy dcsi.tiugf
am not sure whether such power of remission
is or is not within section thirteenth, or would
need special act of Congress think our mill
within the encmy's country, should in an or
derby manner seize and keep whatever of real or
personal property may hen necessary or convenient
for their commands, and at the same time, pre-
serve in some way the evidence of what they do
/ What have said in regard 20 slaves while com-
mcntng on the first and second sections is APP
I pcable to the ninth. with the difference that no
/ provision b. made in the whole act for determining
whether particular individual slave docs or docs
not fall within the classes defined in that section.
/ He is 90 be free upon certain conditions but whc-
ther these conditions do or do not pertain to him
no mode of ascertaining is provided. This could
be- easily supplied.
To the tenth section make mo- objection. The
oath therein required seems 90 be proper. and the
remainder Oi the section is sub. tautially identical
with law already existing
The eleventh section simply assumes TO confer
Discretionary power. upon the Executive without
the law. / have uo hesitation TO go as far in the
/ pcdient. and | ann ready o. say now think It Is
proper for our military commanders 90 employ as
iahorors as many persons oi African descent as
can he used Co advantage.
The twelfth and thirteenth sections are some
thing better They are unohiectonable. aud the
fourteenth is entirely proper it all other parts of
the act shall stand.
That to which and chiefly | object pevades
most parts of the act. but more distinctly appear
in che lst, 2t 7th and Sth sections Ii is the sum
OF these provisions which results in the dvcstug
of title forever for the cause of treason and the in-
gradients of treason, but amounting 10 the fall
crime lt declares forfeiture extending beyond
the lives of the guilty parties, whereas tho consti-
tuition Of the United State, declare, that no at
tainder ot treason shall work corruption of blood
or forfeiture, except during the lie of thc person
attaintcd True there is 90 be no formal attaindcr
Ia that case. Still think the greatest punish
incnt cannot hc constitutioually inflicted n a DIFF
ferrnt form for tue same offence With great res
poet I am constrained to say | think this feature
OF the act is unconstitutional 1t would not bo
difficult 20 modify il. may remark that the pro-
vision of che constitution put IN language borrow
ed from Great Britain applies only n this country.
as ! understand, 20 real or landed estate.
Again, this act by proceedings jH rem foricits
property for the ingredients OF treason, wiuout q
conviction of the supposed criminal, or personal
hearing given him iu amy proceeding. That
we may not touch property lying within ow
/ reach, because we cannot give personal NOS
ficc 20 1000 owner who Is absent oudcavoring Ga
destroy the government, is certainly not very
satisfactory stll the owner may not bc thus en-
gagged, and ] tlnk reasonable time should hc
provided for such parties Go appear and have per
soual hearing. Similar provisions are NOT uu-
common In connection with proceedings iH rom.
For the reasons stated, ! return the bill TO the
House in which it originated,