The weekly Butte record., 1862-06-07
Con6scation Bil--Senator Collamer.

Senator McDougal on the Confscation Bill so
long pending before Congress Judge Cola
mer, Senator from Vermont, has taken posi-
ton in opposition to the sweeping clauses of
the bill, and delivered lengthy and able
speech against the measure He favored the
severest ard EXTREMIST treatment of rebels, "a
proper number OF those who are needed for ex-
ample, for its wholesome influence afterwards
should be brought to condign punishment; but
the great mass must have an amnesty
The duty of the Government was 10 put
down the forcible insurrection against it BY
force. The country could not be legislated
out of war, any more than it could be legisla-
ted into the millennium. Force alone can turn
aside the bayonets Of the rebels, and the rene
dy must be short, decisive and conclusive 1t
could net be effected by laws, speeches, resolu-
tions or vaporing within the halls of the Ma
tional Legislature. Mr.. Collamer says:
Mr. President, l have already remarked
that 10 whatever we do we must keep fairl7
within the limitations of the Constitution Ii
viii not do to ssy that because we need to do
this thing, because it is necessary in our iudg-
ment, we will do it for that reason. The limi
tations and prohibitions CT power in the Con
stitulion were put there on purpose to prevent
our doing such things when We wanted 10 do
them. They were not put IN to prevent our
doing things We never wanted to do. When
1t provided, for instance. that you should not
pass any attainder bill. that you should not
take away any mans property without due
process OF law, that no man should be punished
unless it was on conviction by jury, that no
man should be twice punished for the same of
fense-prohibition of this kind are prohibi-
tions to everybody, and they were put in to
prevent Congress doing such things when they
wanted to do them. They were put in there
on purpose TO prevent US doing these things
when we thought they were necessary They
were not put in TO prevent our doing these
things when we did not want to do them. and
when they were not necessary at all in our
judgment.
Now, the question is, after we shall have
possessed that country by force of arms, can
we do anything consistently with the provi-
slons of the Constitution that will tend to
bring back those people to their allegiance
If we can, and if We are clear that our mea-
sures will tend to produce good effect in that
way, very well but if We cannot do it pur-
suant to and within the provisions of the Con.
stitution, let US not, at this particular period
of our trial, acknowledge in the face of the
world that our Constitution and its institutions
are insufficient TO sustain US"
There is quite difference between the posi-
ton of Judge Collamer, and the position Of
Wade, Sumner, Lovejoy. and others. Judge
Coamer would keep fairly within the limits
of the Constitution" Upon the same subject
we find Wade reported as saying that, d" he
who quotes the Constitution in the present
crisis, is himself traitor" Upon the same
subject, Mr.. Lovejoy, of the House, has made
speech, abuudantly diversified with Scrptu.
raj and political quotations, the burden of
which was the annihilaton of slavery on the
continent.
We make another extract from the remarks
of Judge Collamer, concerning the plighted
faith of the Republican party:
" If we make law, intending it TO be one.
ratlve, by which we declare that the slaves of
all engaged IN this rebellion or of all the Off
GERS and classes mentioned in the amendment
of the Senator from Ohio, are free, and all
right over them abolished do you believe, does
any man of common sense believe. that we can
make the world understand that we have not
interfered with slavery in the States, and not
to very limited extent either, but to abou.
the whole extent to which it exists? All re-
marks, however ingenious, and all sophistry,
however remarkable, which can make this look
any otherwise, is but delnson. 1t cannot be
seen in any other light. This is not put on
the ground that it is a military operation, not
on the ground of proceedings in rem, not that
it deprives man of his property and yet
leaves him 10 be hung. not on any conviction,
not upon any process of law whatever, except
upon this law which we now make
1t seems to me, obtuse as | am, perhaps, in
my perceptions, that this is directly interfering
with this plighted faith and it seems to me
fnrther that it is in direct violation of the pro-
visions, prohibitions and securities which the
Constitution enacts. !, for one, will not do it.
| do not regard myself as needing any apology
for not doing it. | do not think nv people
wish me to contribute TO breaking any provi.
sion of the Constitution, aud they know |
would not do it If they did wish it; nor do
they need any apologies from me for regarding
the oath have taken