Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-11-22
IrrOm the Maysviils Eagle, Nov. g.,

[From the Maysyills Eagle, NOV. 81
Important judicial Decision - Thc
Federal UonTiscRtfon Act Decided
10 BIO UnccnstiguSiOmul.
H. Taylor for plaiate;; F. T. HOrd for d.
fadants a. rA r ID
AT the present session Of the Macon Circuit
Court, the Hon L. W, Andrews, Circuit Judge,
presiding, 60 action Tor the recovery Of a note
OF $4,000, instituted by RebecGs DoniphaD,
John DoDiphAn and James Doniphau, against
Darins Norris, was tried The defendant, In
his answer 10 the action, avetfed that the plain.
tffs James DOniphen and Rebecca Doniphan,
at the com mencement of the present ebe'lion,
were ci.i2,ns OF Missouri but sympathlzlng
With lhe rebel cause, had removed 70 the State
of Arkansas, where tho plaintiff James Doni-
phan had entered the service as an officer In
the rebel army, and had 80 continued
That the plRintif Rsbscca Donl phan had re
moved to one OF the seeded States, aud was
thore giving aid and comfort to those 10 rebel
on against the lawful Government of the
United States, and that each had, consequent.
ly, forfeited to the Goysrnment their property,
money, chOses in action, e c., under tho provis,
ions Of the CoDfscatioD Act, the President hav
Ing Issued his Proclamation se provided for by
said act. warning all those In rebellion 10 return
| W bbSik ht4rBibuOcI Hpku hluh ntAty uolosbOiuEC
the comm encement OF the action, aud that
plaintiffs, notwithstanding the proclamation,
continued theic rebel'iOus practices.
The defense brought directly before she
Court the coDsti lutioDsity OF that section Of
the CcoD Dfscation Act which declares that of all
whJ shall for Bixty days alter the Presidents
pre- ol imation continue in rebellion, their prop
erty shall be forfeited 10 the Government, and
authorizes the President 10 seize II and appro.
pirate it to the uae of the Un;ed States The
act further declares that II ehsll be bar 10 all
actions TO plead and prove that the plaintiff ia
10 rebellion against the Government,
The 81 section Of the Sd article of the Con
atituJ JOn Of the United Statee says: "The Con.
gresa thsll haveS power to declare the punish.
ment oi treason; but no attaibder ehall wou <
corruption OF blood or forfeiture except during
the lie CT the person atiainied " II the object
and Intentions OF The Confscatiyn Ac. to work
o forfeiture Of the eetste of the rebel without
previous indictment, trial ard conviction for the
crime Of treason in a court Of competent juris'
diction, as argued, then in the judgment Of the
court, 1t was clear infraction Of that portion
Of the Constitution quoted above.
10 sustaining this view Of the question, the
Court apliy alluded to the practical working ol
the law, II carried into execution. Ia effect Il
clothes every Judicial officer, from tho Chief
Justice of the United stateG down to tho police
Judge Of the pettiest village, with power indi-
rectiy to try every Sui.or, plaintiff, In bis cour
for treason--and that, too, not under the regula
tions governing criminal trials, but according
TO practice Of the civil tribunals OF the country
Then, too, the citizen, under this Law, might
be deprived Of mis- property by judgment Of
civil courts, aud afterward upon indictment ant
trial 10 the Criminal Courta be pronounced in
nOcent