Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-07-18

TELEGRAPHIC.
ADJOURNMENT OF CONGRESS.
A Message from the President.
HIS VETO VIEWS UPON THE
CONFISCATION BILL.
What Congress Left UndOne,
FEDERAL VICTORY IN THE
SOUTHWEST.
FROM GEN. CURTIS ARMY.
His Difficult and Successful
March.
TREMENDOUS DIFFICULTIES
IN THE WAY.
His Difficult and Successful
March.
TREMENDOUS DIFFICULTIES
IN THE WAY.
LAST NIGHTS REPORT.
PRESIDENTS MESSAGE.


property of rebels, and for other purposes,
together with my objections to its becom-
ing a law. There is much in the bill to
which l perceive no objection. It is who'll
ly prospective, and it touches neither the
person or property Of any loyal citizen, in
which particular it is just and proper
The lst and ID sections provide for con-
vietion and punishment Of persons who
shall be guilty of treason, and the person |
who shall incite, get on foot, assist, or en-
gage in any rebellion or insurreetion
against the authority of the United States
or the laws thereof, or shall give aid or
comfort to any such existing rebellion or
insurrection.
By fair construction the persons with
in these sections are not to be punished
without a regular trial in duly constituted
courts, under the forms and all the sub
stantial provisions of law and of the Con-
stitution applicable to their several cases.
To this / perceive no objection, especially
as such persons would be within the gene
raj provision for pardon and amnesty con-
tained in this act It also provides that
the slaves of persons, confscated under
these sections, shall be free. I think there
is an unfortunate form of expression rather
than substantial objection to this.
It is startling to say that Congress can
free o slave within State, and yet were it
said that the ownership Of the slave had
first been transferred to the nation, and
that Congress had then liberated him. the
difficulty would vanish, and this is the real
case. The traitor to the General Government
forfeits his slave, at least as justly as he
does any other property, and he forfeits
/ both to the Government which he Offends.
| The Government, so far as there can be
owners, owns the forfeited slaves, and the
| question for Congress in regard to them is,
shall they be made free or sold to new
masters? l see no objection to Congress
deciding in advance that they shall be
free. To the high honor of Kentucky, as
1 am informed she has been the owner Of
some slaves by escheat, and has sold none,
but liberated all. / hope the same is true
of some other States. Indeed do not be-
lieve it would be physically possible for
the General Government to return persons
so circumstanced to actual slavery. I be-
lieve there would be physical resistance to
it, which would never be moved aside by
argument, or driven away by force.
In this view of it, l have no objection to
this feature of the bill. Another ma tier
in these two sections, and running through
other parts of the act will be noticed here
after. perceive no objection to the third
oand fourth sections. So far as 1 wish to
notice the fifth and sixth sections, they
may be considered together. That the en-
forcement of these sections would do no
injustice to the persons embraced within
them, is clear. That those who make a
causeless war should be compelled to pay
the cost of it. is too obviously just to be
called in question. To give government
protection to the property Of persons who
have abandoned it and gone on a crusade
to overthrow that same Government, is ab-
surd if considered in the mere light Of jus
ice. The severest justice may not always
be the best policy.
The principle Of seizing and appropriat-
ing the property of the persons embraced
within these sections is certainly not very
Objectionable, but a justly discriminating
application of it would be very difficult
and to great extent impossible. Would
it not be wise to place power Of remis
sion somewhere, SO that these persons may
know they have something to save by de
sisting2 l am not sure whether such pow
er of remission is or is not within SectiOI
13, without special act Of Congress.
think our military commanders, when, il
5 military phrase, they are within the enc
my's country" should, in an orderly man
ner, seize and keep whatever of real or per
: sonal property may be necessary or eOnve
nient for their commands. At the sam
time, preserve in some way the evidenc
1 of what they do.
{ | I - Il 10, o1o ra
y while commenting on the 1st and ID sec
E tiOns, is applicable to the 9Th, with the dit
ference that no provision is made in tn
e whole act for determining whether par
: tioular individual slave does or does no
g fall within the classes defined in that sec
ton. He is to be free on certain eOndi
\ tions, but whether these conditions do 0
n do not pertain to him, no mode Of asceI
& tanning is provided. This could be easil
]. supplied.
y 10 the 10th section make no objection
y The oathrtherein required seems to be pre-
y per, and the remainder of the section
K substantially identical with law alread
- existing.
ID The eleventh section simply assumes
a confer discretionary powers upon the E.
" eeutive without the law. have no hes
ID tation to go as far in the direction indicate
- as may at any time deem expedient; an
% I am ready to say now, think it is prOp'
for our military commanders to employ {
2 laborers as many persons Of African d
scent as can be used to advantage.
- The twelfth and thirteenth sections a.
somewhat better; they are unObjectiOnabl
and the fourteenth is entirely proper, if a
other parts of the act shall stand. That
I, which chiefly object pervades most par
w of the act, but more distinctly appears
f. the 1st, I'd, 7th and 8th sections. tits Il
l. sum of those provisions which results
=. the divesting of title forever.
For the causes of treason and the i
'e' gradients of treason, but amounting to Il
is, full crime it declares forfeiture beyond L
81 lives of the guilty parties, whereas Il
st. Constitution Of the United States declar
O that no attainder of treason shall VOL
", corruption Of blood or forfeiture, exec
f. during the life Of the person attained
True, there is to be formal attainder in tn
case: still, think, the greater punishme
-es cannot be constitutionally inflicted IN
90 different form for the same Offense. Wi
great respect, l am constrained to say
II, think this feature Of the act is unconstit
~ uonal. IL Moutd not DC uliAeuAI 70 lAOu
4 fy it.
4. may remark, that the provision Of Il
" Constitution, put in language borrow
=. from Great Britain, applies only in tn
country, as 1 understand, to real or Ian
T. ed estate Again, this act, by proceeding
Is in rem, forfeits property for the ingred
Of ents Of treason, without conviction Of Il
be supposed criminal, or a personal heariT
IN given him in any proceeding. That '
may not touch property lying within OF
reach, because we cannot give personal q