New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-04-08
Certis sed frc.en Firth Pssc.

-. -, "a ,,tsind az Of treason ,A.u woh corruption
e sosa fsitd'' '''p' during The life of tho person
therefore any bw The Guidance Of the curt.
sform 20 u. <Syi'ioo ana 10 Sns H. herefere the
Nv YVES e5a< az absolute TuFe u tbs es,si.s % s
sao ,sa be bad No. zoe soH. either by
tSs dow the ,taiutory pensly 20 iorsiIls OF ms
T-,s snswsv 70 all this 10 to be foupi in TIE fact
tb,t the hill does not propose to cenhscate ehner
Absolutely or for life che property OF bells who ere
or can be arrested. H. therefore, il were adniura
tk.t !, Is DO, In the power Of Congress 20 Seret me
property of Rebels who arc arrested aud eonv tcled
Of tre.son for Longer tlan their lives, II ooud have
NO bearing npon tits Ill., Tor the smpie reason thst
ttjs ill only aims 80 reach the property Of ,uch reb
els or traitors ss are teyond the reach of judicial
gfocess aud can neither be aTr,s, ed tined, con-
vic1'i for treason any other ofense. Surely ID"
ryok,b i,on aeaint cOn6sea'iug beyond life The prop
srly Of re nan who arrested and mace 90 suei III
His persOa for hs crimes caDrOt prevent the ahtold
conhscniOn OF the properly of the criminal VINO 10
bey nd Cur reach, aud csJU0t be arrested, boz VINO
has J If property withvi our Jurisdiction, "b"h we
can reach. SuppeSe = foreigner were engage III
shs rebellion against che GOyerru ent, II ~ clear lha
euc'n o. psrron ogin, no allegiance 10 tue Govern
NJ AT could not be convicted ot tfea on Does ~
psrsfore follow that his property within our Jurl9.
sAosen could rot he conh.,aIeo VT IN me ci'fe Oh
IN, rebelous citizen who 1ees beyond he lu'lsolc-
An NJ tla country is his Oenss 10 lie conhidered -
asvoud the -eash OF the Government, even 10 forfeit
ais uropsr,y within i's territorial boundary IL Ia
rooiest Tat the tl Ese Of the COnsiil utioD limiting
the punishment, for treason can have more aprli-
eai IN 10 me confsCdiOn Of the property of person
who cannot ne arrested and tried for treason, than
tas she punishment prescribed BY siatute for murder
&C. do with that ior laF,cUy. The Senator from Penn.
sylvania further objects 20 the consituionalty OF
tie bill, because,
No person ts ne held TO capital oiberws,
infamous chine. unless oD rsteson o, 'ncitneot o.
- ~ Be ~l.,i when In sctrSl service in time of Wal
or public danger shs be subei fer The
~ b. comp.leS io .ny edir 4 c..~ 70 lie witness scsin
himself BE- deplvsd o LIE liberty or property without
SSs f Proc Ss thou, just G @' '''' "
Here il attempted to ds?rive "s. cls'' Of PERSONS o.
he and property without srres without any
pesen by Grand jury without trsl BY Petit Jury
eorse ih,u ofib-i progeny N very Of th- pro
vision rsqairT sa, i, ,bs only be done b., doe process. o.
law yghco All commentators and all lawyers sgeri mesn'
proceeding. o<ds the course Of the common law
Il will be observed that the fifth amendment
Nrovyr the and stronger safeguards around
the life gnd liberty Of person ,han sr1uuo lbs prop
srfy for reason, doubtless that life and liberty
nre more vslGsble than property. II. tbeD II If nm
constitutional q" 10 deprive larse class OF persons
Of all tuCir estates and property without any srrest
without any presenmeDt by Grand Jory, without
any trial By Petit Jury, without, indeed, any ria
nj all in any cOuIt,' is it not equally unconsi H.
tionsl to deprive them of lie Liberty except by
educ process Of law p Is It then unconstitutional
10 shot AMI take prisoners the Rebels ON tie
battle -ielii Are the patriotic solders who DC
M marderrsl Would The Senator from Penn
sylva,ia have 3 presentmeBt by Grand
Jury and a trial by Petit Jury on The field
of bat,e of each person IN the eDemys ranks whC
yss firing ugOn orr soldiers in order that be might
nos be shot aud deprived Of lite in The very face Of
Abe provision recurring thai II shaii only be ID,
"by due praeess Of law, which ali enumeration
and al lawyere agree HE ns proceedings acoefoln.
40 the coursc Of the common law = Is il no
~, TAX HI ~ IN
.,eu ;es In war except " by due process Of law, ,
ositber can We take their lives 10 any other way
What js the anfwer to all THE How Ii II, IN tt
face Of The fifth amend meDt, tuat Congress pTC
ride for taking The lives and PROF erty OF Rebel
viii ont due process of law p The answer is /
Dc found in he grants Of power ID Der p4ri
nj tie Constitution, which declare that ConCre.
shsi have power "tO declare war" and mas
rules concerning captures On land and wafer" u
mise aud support Brnies;" 10 provide aud main
Gain - navy; 10 make rules for he government a.,
regulation Of the land and naval fore 2; provjd
Tor calling forth militia 10 execute the law OF tb
tnioa suppress Instructions aud repc invasiops
AID to make all laws which ehal be nece ssary aiC
proper f0T ctTrying into execution the ioTegoipe
powers" These provisions Of the Constitution q,
COT mean that Congress may rare arniss and cal
lorh the militia TO suppress i1-urTeccn "sccordila
- The course Of che common law hut to pat !,
down by force end Whence. j. s because me peace
.anno, be preserved the enemy overcome, and tie
beiliOn sup, ressed by proteediess according u,
course OF common law that the rrmy called nic
ing and when 20 called uto being il operates 10
According TO The course Of the common law bu
according TO the usage Of armies engaged IN il
sealing with their enemies. Hence The authority q
the army by violence 10 deprive enemy OF life
liberty and properly. III tine of war, lie simple 6
thst Of the Courts to deprive pereon Of either l.
due process Of law in time OF peace for the reaso
thai 4 ii by force and violence that armies
sber enemies; and when TIE Constitution conferTe
Oh Congrese the power 10 raise and support armies
conferred aso, incident 20 that power the sul,of
20 nae them in the that accustorno
60 ogerate. The Seualog from Penny lvana and m
colleague further object that tiit bl IL oOp0xion.
she cause OF tie Constitution which declares tia
emo bill Of aftainder or &c post tIcto Law shall b
p8sssd" The Senator from PENNEY lvania admit
Istrne bill If not within the let.e OF the Cousttu
tou ont tn Ks 1t wi hin its 81 int. My colleague
le.s liberal and without, az j think, his usual fair
ness AID candrr in the argument OF a anesiion, dis
poeesUi the hill IN tinple sentence by saying, Ibe
he il is no; denied that tbs If bill OF attainde
vi, biE the meaning OF the Constitution" l. NJ
coll. eeue go unchaniRble 10 suppose | wOu,
adv este Il measure which l believed TO be nn
cOust q iOnail l who have declared in m,
place dsIing The present session that "wari
10 o. dee authority for putting down even tbi
Cigap1 l. rebellion than such as may be derives
f5m = E. Constitution properly interpreted" tina
"Whle sighting this battle in behslf Of COnstitl
tis,al Ii vi ", 1t hehOves especially TO TO
tbat the Constitution receives Getriment at on
hands :" and who have warned my eOnntrymel
no: 10 ,&cction u,nrpati0ns Of power which nh
aesearer become precedenis for the destruction .
Co, itu,i, W. liberty No, Sir, if l admitted thi
10 lie bill Il attainder, il would Of course he al
sda,ias on "a II yss unoOnstlt utioUal aud il cOu
no. fc: o mouSs-t receive my support. The iemarl
% r,r coll .aiyis that he believed no one deiie
tJar fa:s is Q,ll of attander, " IL still the nor
said n exbnn1iCa Of The Dill when il ~as repouet
a. he Ssfae. Ibis Was my Ian. mage;