East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1862-05-27

uOlu-llhl tlils humane atlcliDfatiOn O
the barharoul sOveritics OF criminal inris
prudence could be eraded by seeking
victims among the unconyicted, when
they had taken SO much pains 10 protect
the family of even the attaintei felonY--
Nor is the difficulty obviatcd by alleging
that the bill embraces only those whc
have levied wa. against the United
States, or who have a lliered To their en-
eniics, giving them aid aud comfort, fol
tets is the exact definition OF treason
aud what alone constitutes treason
aud if we punish in the manner proposed
we punish, in my Judgment, in pal pablc
disrsssrd nf the constitution Aud ys'
the extraordinary proposition is put for
warl that, by Legislative assumption
aud declaration of gnilt, Congress &C
luires power, under the constitution,
to inAict punishment which could not be
visited upon the offender Tor the same
precise offence even after his guilt was
judicially ascertaned. 1t is upon this
ground that my distinguished colleague
rests his argument in support of the bill.
WV h'o O"h iouS S"aSN.
"Surely, the prohibition against con-
fiscating beyond life the property of he
man who is arrested and made to suffer
in his person for his crimes cannot pre-.
vent the absolute coufscation of the
property of the criminal who is beyond
our reach and cannot be arrested, but
who has left property within our jurs
diction which we can reach"
And again:
at is manifest that the clause Of the
constitution limiting the punishment for
treason can have no more application to
the conGScation of the property OF u per-
son who cannot be arrested aud tried
for treason than has the punishment
prescribed by statute for murder to do
with that for larceny"
Now, sir, ] would be glad to know
from the honorable chairman of the COM
mit,ee who reported this bill how and
where we get the power to punish for
treason atall without arrest and trial aud
convicted in the State where the offence
was committed? Aud fun ther, | should
be glad to know whence he derives the
power to Congress to "inaict punishment
upon any person for treason or any other
offence whatever, wherever or however
committed" Congress may pasr laws
within constitutional limits, declaring
what the punishment of oifeuces shall be
but it cannot declare the question of
guilt and inhict the punishment. The
constitution provides that
"No person shall be held to answer
for capital or otherwise infamous crime
unless on a presentment or indictment Of
a grand jury, except in cases arising in
the land or naval forces, or in the militia,
when in actual service in time of war or
public danger" etc.
And again:
"ln all criminal prosecutions the ac-
cused shall enjoy the right to speedy
aud public trial by ar impartial jury of
the State aud district wherein the crime
shall have been committed, which dis
trict shall have been previously ascer-
tanned by law, and to be informed of the
nature aud cause of the accusation; to be
confronted with the witnesses against
him; to have compulsory process for ob.
tanning witnesses III his favor, and 10
have the assistance of counsel for his de.
fence"
But this bill IS for the punishment OF
treason by Congress, aud for nothing else,
aud that by penalties positively prohibit
ed by the constitutions; aud this upon tho
sole ground that the traitor cannot be
arrested aud brought for trial before the
judicial tribunals of the country in the
manner prescribed by the constitution,
Ii this doctrine be true, aud if this
power of legislative punishment really
exists, what is to prevent Us i'll any in.
dlvidual case of treason or other offence,
where the offender has fed from justice
and got beyond the reach of the process
of law, what, ask, is to prevent Us, in
any such case iron proceeding to a leg
islative outlawry of the fugitive, and the
absolute contiscation of all his estate
both real and person al, and the total i'm
povershment OF his family.
II, for the reason that the rehelsin the
seeded States are beyond the reach oi
legal process, Congress may proceed tc
declale them guilty of treason, and in
hict punishment forbidden by the con
stitution, what is to hinder us from do
ing the same thing in regard to any cit
zen or citizen of any Of tho States who
may he charged with the commission o
treason, aud who may have fled beyond
the reach of the process Of the courts?-
1t is no answer TO say that the rebels al,
numerous. The mode of proceeding L
punish Offenders against our laws, anC
the kind aud measures of punishment /,
be inflicted, in no degree depend upoI
the numbers who have been guilty o
the same offence at the same time. /
we can pass an act of ouilawry aud for
ieiture--not to call it bill OF attaiudei
against thousand or ten thousand o
a handred Thousand, surely we may d'
the same precise thing against one or I
dozen. 1t seems to me it would be pre-
posterous to say that we could not.
Now, suppose citizen Of Illinois, re
siding there, having his home, his fami
ly, aud his property there, to have com
United treason by giving aid aud oonl
fort to the enemy; suppose warrant 4
1 A A. t