New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-06-12

the men Of 1879 knew whs. their Constitution
meant.
By. various acts Of Congress, i. goods imported in
Certain foreign vessels forfeited, together with
Tue vessel and the forfeiture is enforced against the
goods and vessel and not by conviction of the owner
or importers
by our navigation acts, licensed vessels are for.
ie,ted for being employed in the foreign trade, or
wnen found using forged or altered license, or il
cold to one not q citizen; and all these fOrfeitures
are enforced against the vessel directly, and not
fscated.
1t is highly penal ofIense to sell spirituous
nquor In the Indian country and the law not merely
punlshes the Pc rson who carries iqtor there by
nne on conviction but the bosts, stOres places OF
eepost and packages Of the trader are directed to
Dc searched, and il liquor wine be found there, all
,ne goocs, bosts, PACKAGES &c, Of the trader shall
is enforced not by conviction Of the person. but by
seizure and condemnation of the articles confscated
In proceedings against them. The mann,f of pro-
ceeding for forfeiture under the revenue laws Ia ex
pressly extended to confscasions under the Indian
trading laws.
The laws for suppressing the slavc-trade abound
in pointed illustrations.
Every Person concerned in the trade is declared
guilty Of crime punishable by Indictment the PEN
atty varying from heavy fine to death, according
to the acts committed; and side by side with these
penalties, to be enforced by indictment and convic.
ton, classes OF forfeiture to be enforced BY libel
against the thing forfeited The forfeiture conis-
cation depends Oh the fact OF CRIME committed but
not ON the conr,ction Of the person for the crime
The fact il ascer aimed by the appropriate tribunal
in either case independently and is quite possible
that the criminal may be acquitted while the vessel
may be contiscated.
No citizen can hold any title or interest in any
vessel engaged in the slavetrade; and be do 1t Is
forfeited by proceedings against the vessel and the
owner is listle to q penalty beside. The United
States vessels are Authorized to s,zo vessels en-
gagged in the traffic and the vessel and everything
found on her il forfeited except the slaves. Ihey
canno, be claimed by their owner, even though
really slaves BY the law Of the owner country. 1t
would seem that the slaves are freed by the law;
for the owner cannot claim them, and no one else
can show a title TO them. These laws do not apply
merely to the African savetrade but the same PEN
sies and forfetures attach 10 transporting from
Brazil or Cuba into the United States persons who
are slaves by the laws OF thote countries. The
owner loses his vessel the master his slaves on the
vessel, and the persons engaged In the traffic or In
nav eating the vessel commit crime for which they
are punishable on conviction; but their conviction
not essential TO the condemnation Of the vessel or
the discharge OF the slaves.
In some CAGES persons engaged in the slave-trade
are guilty OF piracy and slfer death; yet In those,
in other cases tho vessel and cargo conscate
by process against them, and wholly irrespective OF
any conviction of the guilty persons.
The precedents o! the save-tradc laws are OF
special interest in relation 10 the confscaon OF the
siares of Rebels. The necessary form of confscs-
: ton ia emancipation. The temper Of tho country
would no, tolerate the sale Of slaves by the CUted
States still less would it tolerate the exemption of
this species of property from any consequences tue
law may attach TO any property of Rebels. Slave
property is the protext Of the Rebellion and the
chief instrument by which the revoutonists have
coerced subnsSson to their riU. Sound policy re-
, quires that weapon of sach power be broken or
wrested from the hands Of the enemies OF The Gov
ernment, and nothing ought to arrest the blow but
the plain prohibitions Of the Constitution for snbor-
dinaion 10 the supreme law il the condition OF ma
tional existence. Fortunately its vie provisions
"trip the Government OF no power " heh free gov.
eminent ought 10 WELD; least Of Nil does II for ID
the confscaton Of slaves, and emancipation Is an To-
separable incident Of ownersbip Of courte, they
who call coniiscaiOn laws bills OF aitainder, Will
call emancipation OF con6scaed slaves abolition Of
Slavery in the States by Congress. But no loyal
people will confound the release Of the Government
, title in the sfares conhscased, With prohibition
against holding any Stare an the Sf0te.
But Mr.. Eliots bill is in one particular wholly
indefensible II violates ali itutioDal principles
Of American law in requiring perrons to Pr0re their
innocence. II places the title TO negro proper
ty OF loyal people at the mercy OF the Governmsnt
for it strips the owner Of all power TO prevent COB.
fscation unless lie prove that be has not aided
the rebellion, and that it is impossible for any one
TO pyore. Require oath that he has not been NO
engaged, but do not stain American Law WIN pro-
. vision that q shall be presumed guilt
The bill is defective IN another particular III
gives the freedman no legal protection. He can, the
bill says pieai the lao but the master VIII never
sue HIN, but sei=e him. The freedman must be the
ACTOR and the law gives him no standing IN Court.
The United States is in duty bound 20 extend TO bin
! the habeas corpus in United States Court when
nor 10 law gives him. and if these be not done the
act of emancipation will give no real freedom but
will be merely source OF endless confusion. Men
freed by the law Of the Special Session are "oc suj
/ fering in Mary land for want OF such provision
Z The slaye-irade laws were passed IN iI9l, looo,
1867, 1918, 1919, and lS2O--in the administration
Of Washington, Adams, Jeiierson, and Monroe
! They involve every principle now assaied IN the
Confscation bills-from the confscaion OF property
for chi unal acts Of the owner, without conviction Of
. the guilty persOn, by process OF law against tue
thing, ard not against the person. 70 the freeing oi
4 slaves for the violation OF law by their owners
Ii s therefore frivolous TO azsa these laws on the
ground of uncop s,iiutionality. II any principle Ii
settled By the uniform practice OF che Government
is this principle Of conscaton for criminal actS by
rect process against the property conisca,ed, and
wholly without regard to the CONVICTION or proSecu'
r tion OF the guilty person
This review Of Congressional ensctments may
wen increase astonishment at the bardihood oi
the aseaisnts Of these laws They treat the prece'
' dents Of the founders o. the Government win nc
more respect than they do the Constitution they
made. Their objections 10 the bills are plausible
ouly when the language Of the Constitution Is per
verted and rnisapped; and that disior,on eau ouy
escape exposure by carefully abstaining from all
consideration Of the contemporary exposition Vi Tue
: Constitution by lite authors.
= 1t appears, therefore, from this Investigations
l. That there is prohibition in the Constitution
against making confscaton penalty OF any crime
, H. There is nothing in the Constitution which
makes confscation dependent on the CONVICTION OF
the person on indictment.
iii. There 10 nothing in the Constitution which
limits all coniscatioDs the lite OF the guilty person
~ The only clause relating TO the subject simEi
forbids Congress to make forfeiture beyond tho lie
Af fynu trim
son.
!, v. But il does not say that Congress may not by