Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-01-23
From the Louisville Democrat, January Is.
senator Tru,nbuii's ConfiscafiOn Bill
How il il Regarded i'm the Border
Slave

The bill 60 con6scate the property of all those
in arms against the United States which is before
Congress. we do net suppose will pass: but it
shows the nnimus of part OF that body. They
have not learned wisdom by hard experience.
To begin with, the measure is unconstitutional
in our judgment. That Instrument says, after
defining What shall be counted treason:
Congress shall have power to declare the
punishment OF treason but no attainder of trea-
son shall work corruption of blood. or forfeit
ure. except during the lie OF the person at
tainted
According TO the old doctrine of England,
from which the phrase 'attainder of treason IL
deri, Ell. the guilty forfeited his life and ali his
property forever 10 the crown His childrea
could not inherit from him, as is meant by the
corruption OF blood"
But NOW what is the meaning of this interdic
ton ia the Constitution
Congress shall have the power TO declare the
punishment OF treason. with = restriction The
forfeiture OF property can bc only during the
life time of the person attunted, nor can his
children be rendered incapable OF inheritance.
Has Congress then power. in declaring the pun
iShIuent OF treason To couiscate fore, er property
OF the rebely Ii that be possible. what is the
meaning of this restriction upon the power TO lie
clare the punishment! Shall We hold that the
restriction applies u the mere form of the law!
RecOlect that the law fixing the punishment Is
at the discretion of Congress AMI the Limitation
Is upon that discretion.
Now. if the law fixed the penalty Of death. and
then proceeded 10 cOnf>cste property forever.
would II not be in the very face OF this provision
OF the Constitution!
You may punish treason. says the ConStitu-
ton, but IN that punishment children shall not
be debarrel from Inheritance. nor shall the guilty
forfeit his property. except during ms own lie
time.
Then, if mans property IS confseated. il must
be for some other crime than treason.
The laE now eOnhscates property used in the
rebellion by the consent of the owner That l.
upo" different principle entirely. Such proper
q Is public a much so as camp equpa.e and
supplies. which are la@ iul prize in But pF-
'ate property, not used in the rebellion by tue
owners consent, can not be covered bv that prin-
ciple.
The owner or his hers, It appears to Us, can,
under our Constitution. reclaim ali private prop
erty conhscated for treason, and ahen the con
stltuuOn and the laws are restored The Govern
snent will have il all 10 return or per-eyere in
rvkleSs and revolutionary act
A. a matter oi policy tins war has nothing TO
commend IL. It's operations would ill all hu
name minds with disgust al the savage spectacle.
The calamity would tan on the wife aud help
les children and reduce them 10 want and beg
gary for the guilt II the husband and father III
IL possible % he executed Il would render
one section OF the Union scene OF suffering
and desolation
But how i i - be executed. or whyg IL can
have ao effect To- nut down the rebellion; for IL
cannot be executed in any State until the rebel
lion i pot down IL can only be law of re;Ti-
buibs sud revenge IL will stand on the statute