Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-05-21

10 palpabie disregard Of the Constitution. Aud
vet the extraordinary proposition Is pat forward
that. by a legislative assumption and declaration
Of guilt, Congress acquires a power. under the
Constitution. 10 inhic; pinishments which could
be visited upon the offender for the same pre-
else ofiense even after his guilt was judicay as
certaIned. IL i upon this ground that my distn
gni-he4 colleague rests his argument in support
OF the bill. lquote hi- own language:
Surely. the prohibition against eon6scaiing
beyond lie the property of the who i
rested and made 10 suler in his person for his
crimes Cannot prevent the absolute confisc atom
OF the property OF the criminal who j. beyond
our reach aud cannot be arrested. but Who has
leit property within our jurisdiction which
reach
Aud again:
1t = manifest that the clause OF the constitu-
ton limiting the punishment for treason can have
no more application to the eonhscation OF the
property OF person Who cannot be arrested and
tired tor treason than has the punishment pre-
scribed by statute for murder to do with that Tor
larceny"
Now, sir, ! would be glad TO know from the
honorable chairman OF the committee who re
ported this bill how and where We get the power
70 punish for treason at all without arrest and
trial and conviction IN the State where the Of
fence was committedl And further, should be
Il to know whence he derives tie power to
Congress 10 s'infiict punishment upon any person
Tor treason or any other offence whatever, where
ever or however committed" Congress may
pass laws within constitutional limits declaring
what the punishment OF Offences shall be. but Il
cannot decide tire question OF guilt and ndct
punishment. The Constitution provides that
No person shall be held 10 answer Tor a cap
ital, or otherwise infamous crime. unless on u
presentinent or indictment OF grand jury. ex.
ia 81 AZ IA "a land ar ,.v.i
or IN the militia. when ia actual service in time
OF war, or public danger" &c.
Aud again:
In all criminal prosecutions the accused shall
enjoy the right To "a speedy and public t.ial by an
i'm Partial jury OF the State ana district wherein
the crime shall have been committed. which dis
trct shall have been previously aScertainel by
law, and Co be informed OF the nature and cause
OF the aecusaton 10 be confronted with the wit
nesses against hm; To have compulsory process
Tor obtaining witnesses ia his favor. and to have
the assistance OF counsel Tor his defence
But tals hill is Tor the punishment of treason
by Congress, and Tor nothing Sc, and that by
penalties positively prohibited by the Coustitu-
ton; AMI tins upon the sole ground that the trui
tor cinnot be arrested and brought Tor trial before
the judicial tribunals OF the country in the man
ner prescribed by the Constitution.
II tins doctrine he true, ami ii this power of
prevent u IN any individual case of tire ,sOn or
other offence, where the offender has ted from
justice and LOT he, Ond the reach oi the process ol
Jaw What, ask, - 20 prevent u, IN any such
case, from proceeding to Il legislative outlawrv
Oi the fugitive. aud the absolute cont,catiun OF
all his estate. both rel and personal, AMI the to
til mpOveriShment OF las timllyl
II, tor the reason that the reDrls in the Sc
ceded Safes are beyond the reach OF legal pro
t'ulturt-s "a. Ia, Ia. Loo
guilty OF ,son, and inhct 4 punishment tor
bHidcn 10y the Constitution. what Is TO hinder us
from dong the same thing IN regard 10 any chi
zen or citizens OF any OF the States Who NAV Toe
charged with the commission OF treason and who
may have tel beyond the reach OF the process oil
the cOurt~Z lt i no say that the res,e.s
are numerous. The mOie OF proceeding u pun
ish offenders against our laws, and the kind anu
measure OF punishment To lie inflicted. in no de
gree depend upOn the number who may have
been guilty OF the same oiiense at the same time
IL pass act OF outlawry and forfeit
uie-nOt 10 call II bill Oi acknowledgements
a thousand or ten thousand or Il hundred thou
sand surely We may do the same precise thing
against one or u dozen Ii seems 10 me II
would be preposterOus TO say that could
not
Now. suppose a citizen OF linois. residing
there having has home. his family, AID his
giving a'd aud cOmiort to the enemy; suppose
him To have been detected; suppose Il warrant
10 have ISSUED tor his arrest, and bum to have
escaped the clutches of the Marshal aud fled he
yond the jurisdiction OF our courts and the reach
OF legal process, leaving his family and property
behind him: my Congress then proceed to pas
"A bill Tor the forfeiture of his property and exc
cute II 10y rObblng It's family by way of punish
meut of his crlmeg | presume no Senator will
..Iafr4
And yet We may clearly do - if We may properly
pass the I'LL under consideration. They stand
precisely upon the same ground, aud we have ex-
actly the same power IN the one case that we
have in the other. We are to pass this bll
against tie rebels because they are citizens oil
the Uuitei States who have committed treason
against the Government and are temporarily lie
yOnd tie reach OF process This Is the basis
upon which my colleague places it. IL has
other foundation, and Is shown by the portions of
his speech already quoted. He repeats the same
proposition ia other parts OF his speech. He reit-
crates 1t whenever heattempiS to demonstrate the
possession OF power by Congress to pass the bill
again quote his own language:
This bill roeide> Tor the forfeiture of es-
tates ia certain eases, punishment tor crime
hereafter 10 be committed. when tire person Ui
the individual uniting the otfense can not be
reached"
Aud again:
"The right to con6scate the property Of rebel
or traitor attaches without any conviction OF Tie
offender
There sir it is boldly announced. as general
principle Of Congressional power, that the ri -ht
10 cohh-ctte the property of traitor attaches
without any conviction o. the offender Now ii
We have this right u cIntis ate the property ot
traitor without conviction. why have we not tie
same right ui eouh,c ton Tor murder or llrreny
or any other ofeusc known 10 tire Inv, without
uiti or conviction How can We posses, such
power in regard To treason without having { in
regtrd 90 III other otleu~c>. and where do we let
II n respect To any oilen-ey This l. not explained
by Any Oi the Senators who advocate the passage
OF this bill
Lei me bring the statement OF my colleague in
luNtapo>tiun with the statements ct the CoIi,titu
ton upoE the same subject he SAYS:
The ti-ht - eonh-cate the property of a rebe'
or traitor attaches without any conviction OF tie
olie.,der'
The Constitution says:
No person =: 40 he held to answer for CAPT
tai. otherwise infamous crime. urless on "a PIE
sentiment or Indictment OF grand jury, except IN
cases arising in the lHd or naval iurces or IN the
militia. when IN actual service IN time OF war or
public dame r: shall any Ieron be subject icr
the same oien>e % he twice put in jeopardy 81
lie or limb mr. shall lie compelled ia any crim
NIL else 10 be witness Against himself; nor he
deprived OF le liberty or property. without due
process OF law"
Aud YET. in the face of these saie.u ,rls which
the Constitution - eude ttnfpi Ia fllr,g fra,tu