Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1862-10-04
-lanmes 70 punish leskinp war IN a different wnK

sumes 70 punish ieSying war in oihefent wny
from what the constitution allows il to be pun
ished, by puinshing.it under some other maine.
A man cannot be constitutionally punished as
a traitor ill he has been first tried, but this
policy attempt to eireumvent the ennstitution
By iuflicting the punishment uRder some other
form than as penalty of treason. a univer
sal confscation Of the private property Of non
combattants, throughout whole States, with
out trial, without any attempt TO distinguish be-
tween innocent and guilty, or between the
property Of full.grown male citizens and that
Of minors and orphans, held by guardians or
trustees, is alike contrary 10 the oonstitution
and to the laws of civilized war, which respect
the private property Of non-combattants
IL we descended from the constitution 10
the confscation act, we shall find the extraos-
dinary proclamation indefensible even on the
principle Of that act That law does not act
on the great population Of areas Of country,
but on individual persons. The forfeitures
IL denounces are confined to persons in rebel
lion against the government. What can be
more preposterous, or more monstrous per-
version of justice, than to make the guilt or
innocence Of an individual depend on whether
the State in which he happened to be born
shall have representatives in Congress on the
/ 6rst day of january Itwould be sufficiently
monstrous to make a mans right4o his prop.
| erty depend on his own exercise Of the cleo
| tive franchise. Never was there SO degrading
satire on republican institutions as the COM
pulsory voting required by President Lin
coin. But when man property is made to
depend not on whether he chooses 10 vote
himself, but on whether his fellow citizens
choose to vote aud whether the number vo-
ting under executive compulsion happens to
be majority, we are lost in astonishment
that chief magistrate Of free country
should undertake to make citizens perform
what ought to be their first act under coer-
cion, and TO convert the ballot box into
criminal tribunal What has the number of
votes cast in q particular election TO do with
the question whether particular person is
guilty of treasonP Why should women, mi.
nors and orphans be deprived of their prop
erty in consequence Of the neglect Of a citi-
zen to vote2
This extraordinry proclamation will bring
no advantages to the negro race at all proper
tionate to the distractions it throws in the
way OF reunion. 1t is certain that the Union
will never be restored until this illadvst
plan Of the government is reversed. 1t cor
verts every inhabitant of the South into q
zealot, whose all is embarked in the success
of the rebellion The idea that they will
succomb to threats, that they will vote
on compusion, that they will feel terror,
or misgiving, or anything but increased
indignation, at such proclamation, shows
small knowledge either of human ma.
ture or of the temper of the southern mind
Such proclamation cannot possibly be en-
forced, and ITS only effect will be to strength.
en- the determination Of the rebels to fight to
the very last They are shut to lane which
has no turning. When the military power OF
the rebels is broken we have laid before our
selves a still harder task to perform. At the
very crisis Of the contest OF arms the Presi-
dent has reinforced them as effectually as il
he had doubled their squadrons in the field
We may learn from our enemies They will
rejoice, Their leaders will make of this proc
lamation their chiefest moral weapon. 1t il
powerless in our hands for coed in theirs
it will be potent for evil Our only saliva
ton now is the ballot box. To that il
yet remains possible for the people to resort
There the battle lostto.day may be won to.mor
row There alone the insulted majesty o
the constitution may be vindicated by the peo
pie against its faithless custodians