Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1862-05-02
cONFIscATIoN.

a few days. but we md from the JOnqrei-
sional Globe that Mr. Walton did not make
speech on the general subject Of condscatiou
only explaining in brief Senator Collamer's
bill, which we have already published and
which he offered as substitute for the ones
then pending. Mr. Walton remarked on this
bill as follows
Mr.. WA1roN. Of Vermont. / had intended
to propose the substitute offered by Senator
Colamer TO Senate bill No. 81. as an amend
ment in the nature Of substitute for the
proposition Of the gentleman from Ohio,
MIR. Bingham. but at the request Of that
gentleman to be allowed direct vote and
at bis suggestion that my amendment may be
offered subsequently to this bill. or to some
one of the other pending bills, have with
held it. Now / wish to say that altogether
prefer the substitute Of the Senator from Yer
mont to either Of these propositions.
The substitute of the gentleman from Ohio
is altogether too limited in its scope apply
ing, as it does, to slaves only. The punish
ment Of treason ought TO extend to all pro-
perty and especially. if life is not taken,
there should be forfeiture OF all civil privi-
leges which would give future opportunity
for fomentng rebellion for instance, for
lecture OF tue rlgnt 10 holu any ONCE uhuet
the authority Of the United States.
Again: this substitute indicates no way in
which it is TO be executed 1t declares that
any person hereafter engaged in armed rebel
lion shall forfeit his slaves, but the forfeiture
is not put in the form OF specific penalty on
conviction in due process Of law nor is there
provision for any mode. in any Judicial tri-
bunal, Of proving the fact Of rebellion against
the master, nor Of identifying his slaves, nor
Of perpetuating the facts on W uich a slave lib
Grated by the act can bar q subsequent claim
to his services. Still again, If this proposition
becomes a law, it is TO be executed, in part at
least, in federal courts in slave states and pro-
badly in most instances by judges and Jurors
who differ widely from a majority Of this
House, and particularly from my friend from
Ohio in opinions upon the whole subject OF
slavery. / anticipate that some Of them at
least will hold that slaves are property, and
such cannot be taken from their masters ex-
cept by educ process OF law. Indeed, if
am not mistaken, majority Of the Supreme
Court Of the United States has already ex.
pressed that opinion and we may justly fear
therefore, that the purpose Of this substitute
will be entirely defeated
The gentleman from Indiana NJ Porter
now proposes the original Senate bill No
1871, in place of that Of the gentleman from
Ohio. 1t is complicated, and in some re-
spects of doubtful constitutionality, and toe
latter may be said Of nearly all the pending
propositions The substitute Of Senator Col
lamer for the original Senate bill is distin.
guished from them all in avoiding these OBJ
jections The confscaton act passed at the
last session was drawn by the same hand
and that embraced all property actually ussc
"a rebellion. The new proposition extends tC
all property, slaves included, oiuHsd by rebels
IL embraces substantially all that is containet
in the proposition Of the gentleman from
Ohio, and in a mode which obyiates constitu
tional objections IL provides as punish
ment for treason, death, or imprisonment no
less than five years, and q ine Of not less thar
$4,000, and all the property is taken as Sc
curisy for the fine To this is added exelu
sion from all offices under the United States
The property will pass on conviction, and j
will therefore be forfeited " in due process
of law after trial by jury. The forfeitur,
will be strictly part Of the punishment; anc
it is kind Of punishment and a mode Of pro
ceeding practiced, presume, in every Stat
in the Union. The bill is complete in its ma
chinery in the first and seventh sections t,
effect ALL think that can be effected by thl
proposition of the gentleman from Ohio. Thu
slaves are free on the conviction of the mas
ter, and no man can recover a fugitive slav
without first showing that he has been loyal
Mr.. Speaker, whole communities, embrac
ing thousands, hundreds Of thousands, an
millions Of people never can be hung for re
belion, nor can they be stripped Of all thei
property The civilized world would pro
nounce it barbarous, and perhaps combine i
arms against us were we even to attempt t
administer justice itself on so large a scale a
that But It would not be justice to nfiC
these punishments upon all who are legal
guilty of treason, Tor the masses of those VIII
were engaged in rebellion are really the vic