Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-01-29
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even by Implication, the claim of other men a,
their slaves by rebels against lie authority and
traltors seeking our National DISRUPTION land
overthrow. The Journal knows this as we'll as
We 90, but chooses to assume the contrary.-
Tribune Al3 ,i1f lfF 20. Il ''1''1'T
From the emphatic manner ia which the qyt.
pune thus asserts its creed, and professes 10 AZ.
eert ours, we are bound to believe that the
statement is at least sincere. Al the same
lime, we dssiFe most distinctly TO say, that We
90 not know what our neighbor gives us credit
for, and that we do know that tie Federal Con-
sItutlon does guarantee 10 epery citizen, rebel.
traitor, or loyal man, the claim he ,nav haze
~ purchase or inheritsnce 10 other men as his
tlaves, .ts.1..f .-lrs5 = -, '''.,'S,''> =
Here is 2 broad difference between US In our
views OF tne Constitution. II 10 a difference
'nat ought not to exist. The instrument ia
clear, and the principles Of law that are appli.
cable are clear. We hold IL as the foundation
prncipie Oh our own rights, that we possess
ton until we are deprived of them BY some pro-
cess OF law. No crime committed by IA de.
prives US of them. No decree of State Coun-
oiis, acts OF Congress, or Presidential proclama.
tlons, can deprive Us Of them. No man Is safe
for On hour under the Constitution, II the prin
oiple be adopted that criminal lis, ipsOs iaeto,
deprived OF his rights under 1t, ,, = h,
Until traitor 10 convicted as such, be is en-.
titled to every guarantee of the Constitution ~
When he 10 convicted and sentenced, he Il still
entitled TO every guarantee. If he has been
deprived OF property as the punishment of bis
crime, the guarantee is not violated, because Il
70 part of the guarantee that be may be 60
punished. But 1t is part Of the guarantee
that he shall not be deprived of property except
on repayment, or on due process of law as the
punishment OF his individual offenses. Up to
the moment OF his sentence by the Judge, he re-.
tains his rights. If the sentence does not in.
clude the penalty Of confsoation, the convicted
and sentenced traitor might remain a slave.
holder, and ne and bis Representatives might
claim, IN any Court Of America, the Ruaran.
ices Of the Constitution for his slave property.
IL does not follow, because O man Ia q traitor,
pnat ne VIII De pursued by the law and punished
TO she full extent Of the law. He NAV be par
doned, he may be overlooked Intentionally, he
may be arrested, indicted, and never brought to
trial' In short, until the due process of law
has been had, which is necessary to the, confs
cation Of rebels slaves, the Constitution guar.
anteee his rights In them, and Il he dies during
ine trial, Or In tho act of rebelion, u his 1hsrs
take the slaves upder the very safeguard of the
Constitution which limits a forfeiture to the
life OF the party who is guilty. oni' go % 5u
These principles are certainly very simple,
aud there ought to be no possibility of mistak.
Ing them, The doctrine which Is set up by our
contemporary amounts to Just this, that rebel
le, BY the very act of bile rebellion an OUTLAW. /
and deprived of all constitutional rights. But
y this sol Can he, be tried by court without
ejuryY Can he be tried elsewhere than in the
State where his crime was oommitted2 Can be
% convicted, except on the testimony Of two
Witnesses 70 the same overt act2 Can be be
punished Ry sentence Of forfeiture extending
70 his heitsf II Is plain enough that each ques.
ton must be answered, No. SET 'd7'agE
but an error 10 made which blinds some per.
CONS to the clear nature Of the law. This error
70 N sppposing that Congress can, by special
ro's, aeotee tne punishment OF treason, and ep.
ply ttotraitots by the very passing Of the aot
bill of.emanoipation, TO be, passed by Con.
g[eas, AID imagine that il would be operative AZ
once, TO deprive rebels OF their property In
elAvesa This is not co. A statute declaring a
man murderer,Or rebel, or q traitor, would
not be ..dpe pr9cssaio of laa'hby sny means, and
lest such statutes, shpuld be enacted. the Con,
9tftniiopd provides that ;fn0 bill of attainder
shaH be- passed 81 thatis to ssy, no bill decIar-
ing one, man, or several men, or any class of
men guilty of crime, and decreeinR their nan
ishment shall be passed. ANY act declaring
Al the men enlisted in the army of Jeffersonl
DAsyis Eebels and traitors, and making them in.
capable of holding slaves Eafixing any other
punishment 70 their offense, would be waste pa
per, Waste paper, bscause the place In which
70 try ita value will be the courts after the war
p oyer and peace established. And In all the
courts, the Constitution yillTemain the gnidingi
Jaw, " spite OF statntes passed In war times, or
pf military commanders under
martial law, or any other opposing forces.
There are two ways In which the Govern
can deprive citizen Of his property. One Ia
BY ycompsnsation, whenit 10 hecessSry to take
Y for public uses, the other as the apunishm ent
for crime. The guarantee of the Constitution
70 that no man shall be deprived Of his properly
BY the Government In either Of these two waye,
without due process Of law. What II Congress
should In come time of high political yefcite.
ment, pass an act declaring the PERSONAL and
real estate OF every man who voted for Q Ger.
Tain oandidate, or Of all the members of a GER
tain party, soonfsoRted to the lGoyernment9--l
For the sake Ian sE0HmsAfUH1 ad kOmiRe,n,
what II DemocrAtic Congress, two years ago.
had passed an act coniscating the property OF
every Abolitionst In America, or Of eyery man
who had publicly advocated the doctrine that
the Constitution Was Q league with hell2-
Would II have been more than waste paper D.
Doubtless Congress may decree, any contisca-
tion, not extending beyond the life of the par.
y, 90 the punishment OF crime, but that punish
ment mnst be administered % the hanging IL
administered, BY the officers of the law after
conviction BY the jury, and sentence Of q con-
stitutional court.
-Letit not bs Misunderstood, chat We contend
here for no exemption Of rebels and traitors
from the just punishment Of their crimes. We
have once and again urged on Congress the
provision OF Courts for the trial Of these Offend
ers. We desire to see the entire measure of
the law ministefed Out to- them, until mercy
shall be more judicious course. But We in.
alst for our own sakes, for the preservation of
the Constitution, for the security of our own
property, the safety Of human life, the obliRa-
ton Of contracts, the salvation Of the nation.
We insist that no such doctrine shall be adopted
90 this, that the commission of an act Of crime
deprives the criminal Of any one Of the RuarAn-
tees of the Constitution. iauofq 9AaW T3tsl
bFhe importance OF thedoctrine we maintain
manifest, and the Importance OF the opposite
doctEine TO the views and plsns of our. radical
people 10 equally plain, II an act Of rebellion
places man at once under the power of the
Government, to deprivs him Of his slaves with.
out psoessaof law sby bill of attainder, or pub
lio proclamation, then hMould suit the views
OF those who desiteth1 abolition of alaxsry ID
bee this course adopted, aud thereafter the adj
vance of ofsheisarmy lsndi the conquest Of the
South would he attended with the progressive
freedom Of hundreds Of thonsandn Of slaves, O.
the sfIsot Of the law or the proclamation. Nc
|pafdons, no repeating acts, no mercy Of the
government would prevent this eHfect.id,W u
But on the other haady IL such an act were
valid, or we're passed by Copgress with intent to
enforce II, Il. would nerve every Eoutherner to
the contost Every alaVeh0Idef inataad AZ vieId.