The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1862-05-10

Con6scatIng ali the Property of ali
Rebels.
The following is brief telegraphic sy-
nopsis of the remarks of Senatof Brown.
ing, of this STATE, in opposition t. Mr..
Trumbulrs Confscation bill: B
Mr.. Brow wing (Illinoisl said if the pas-
sage Of the bill tended tocrush the rebel.
lion and restore peace even tlen he shonld,
hesitate. But Ire had a strong conviction
II would tend to exactly opposite results
When in addition to that he believed its
massage would be gross violation of the
Constitution, he could not hesitate as to
his iuty. He said bis colleague complained
That the bill .misrepresented. If SO it is
entirely owing TO the language which Ger
contended that Congress- had no power to
undertake to execute any law of confisca-
ton. The executive only has the power
TO carry such q law into effect. We must
refer to the law Of nations to ascertain
what property can he confiscated, and then
the executive only can execute the law
The laws of nations are binding on TINS
nation, and the Obligation is expressly &C.
knowiedged in the Constitution. All ex-
icencies are fully provided for in the law
Of nations much better than by any Leg
islation Of Congress. No greater mistake
was ever made than in suPposing the Con-
stitution in any way hampers crushing out
the rebellion Sy force Of strong blows.
Its passage could have no other effect than
to exasperatc one side and complicate and
embarass the other If we keep within
the limits Of the Constitution we have no
right to pass such bill, and no possible
advantage could result which would arise
from the violation Of the. great charter
of our liberties He had labored to inform
himself what was best to be done for the
interest of the country. 1t seemed to him
that only evil could result from any de-
parture from the Constitution. We must
ascertain what relation the rebels are to
sustain to US during the war. We cannot
admit them TO be alien enemies. That
would be 10 admit their indepercence and
success. The rebellion must stand in one
or two other relations; first as citizens In
so formidable a rebellion as to reach the
dignity Of civil war, in which they aust
be recognized as beligerents ana public en-
emies while the war lasts, and deal with
them according to the laws of war, with
the right TO resume authority over them
when the rebellion is subsidized; or, second,
to treat them as insurgent citizens, entitled
to no beIigerent rights, but subject - I'M
mediate conviction and execution for
treason as fast as captured. We cannot
do this last II would simply lead TO the
indiscriminate slaughter of prisoners on
both sides All admit that we must re,
cognize them as belligerents, while the
war lasts, we are bound 10 deal With them
precisely as We would with foreign nation.
Could We pass any such bill as this IN re-
4 -.
cute it if we did pass it? The constitution
shall work corruption Of blood or forfeit
ure. except dhring the life Of the person
attainted Yet this bill attempts TO do
that very thing, and to forfeit all property
Of rebels OF every kind forever. The
prohibition of the constitution against
forfeiture is imperative, bu. the bill as
sumes the monstrous proposition that by
assuming guilt you may punish with a
severity which the constitute en- absolutely
forbids When the ofiense is proved and
ascertained, the bill provides for the pun
ishment of treason by Congress, and the
infiction of punishment absolutely for.
hidden by the constitution without trial
or indictment, on the sole ground that the
rebel is beyond judicial process, His col
league Mr. Trumbull) said the bill pro-
vides forfeiture the punishment for
crime hereafter to be committed, where
the person committing the otiense cannot
be reached. and the right TO tonfiscaie the
property of The rebel or traitor attaches
without any conviction of the offender
If Congress has the right to confiscate for
treason. why not for murder, larceny, or
other offense, and where does Congress get
the right TO this in respect to any ofiense
eau it be possible that we have wandered
so far from the political faith Of our Ia
theas as 10 admit the fatal hfresy that the
right TO con6scate lie property OF rebel
or traitor attaches without any conviction
OF the offender? TO do so is TO subScrt
the constitution and rend away all !imita-
ton sought to be imposed, and establish a
legislative despotism more capricious and
more fatal 10 the liberties Of the citizen
than any form Of government on earth.
Mr. Browning then argued at some leugth
that the bill in fact aud effect is 4 bill OF
attainder. which is expressly prohibited
by the constitution. He closed with an
appeal to stand by the constitution in all
its force and purity.