Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-12-29
ImpoFtsnt Judicial Decisisn-Tb Fdd-
eTHl COSdsen1iOn Act Decided 20 be in
constitutional.

eTaI CO-sfseatiOn Act Decided 20 be Un-
cOnstiIuIiOnaI
From the Maysville Ky Esglsl
At the present session Of the Msson circuit
court, the Hon. L W. Andrews. circuit Judge,
presiding, IN action for the recovery Of a note
of $1,000, instituted by Rebecca Dozipb 40,
John Douiphan and James DoniphsH. agains
answer 10 the action, aVcTTed that the plaintiffs,
james DOniphan and RsbeecR Doniphsu, al the
commencement Of the present rebellion, were
citizens Of Missouri, but, sympalbising with abe
rebel cause, had removed 10 the State Of AIki.n-
sss, whsrs The plaintiff Jsmas Donipksn b al
entered the service as sn officer in the rebel
army, and had 80 continued. That the pliintif
Rsbecca Doniphan had removed 10 one of ahs
seeded States, and was there giving aid and
comfort TO those in rebellion against the lawful
government of the United States, and that q heh
had, consequently, forte ed to the government
their property, money, chooses 10 action, etc,
under the provisions Of the confscstfon act, the
President having issued his proclamation as
provided for by said act, warning all thoFd ia
rebellion to return to their allegiance, more than
sixty days before the commencement Of the
action, and that plaintiffs, Notwithstanding the
proclamation, continued their rsbellious prac-
tees.
The defense brought directly before toe court
tN5 CUASLituE lOnA1Ly u hA4b section OF me CDu-
fsestion Act which declares that of all who
Ihsn for sixty days after the Presidents proc
lsmasioR continue in Tebellioa, their property
shall be forfeited TO the government, AID an
thoTizss The President to seizs il and appropri-
ate is 10 the use Of the United States. The act
further declares that Is shall be a bar to all &C
tisns TO plead and prove that the plaintiff is in
Rebellion sgSinst ths g~overnmest
The second section Of the third article Of tho
Constitution OF the United States says IS The
Congress shall have power to declare she pun
ishmeGi Of treason; but no 2stsinder shall work
eorrup ion Of blood or forfeiture except during
the life CT the person sttainted" IF the Object
and intentions of the confscGtion set is to work
q forfeiture Of the estate of the rebel without
previous indictment, trial and conviction for the
crime Of treason 10 q court Of competent juris-
dietion, as argued, then in the Judgment OF the
court It was a clear infraction Of that portion
of the Constitution quoted above. In sustsia-
ing this view of the question, the court sptly
alluded to the practical working of The Law, if
| carried into execution. In effect it clothes every
judicial officer, from the Chief Justice of the
United States down to the Police Judge Of the
psttieSi village, with power indirectly to try
every suitor, plaintiff, in his cours for treason
and that, too, not under the regulations govern
iEg criminal trials, bat according to practice OF
she civil tribunals Of the country. Then, too,
the citizen, under this law, might be deprived of
his property BY judgments of civil courts, and
stelWsrd, upon Indictment and trial in the Grim
inal courts, be pronounced Innocent.