, 1862-04-09

bill does not propose to touch his nronerIV M ~
IN al the loyal States, including Nis
sour, Kentucky, and large part Q
tennessee and Fir;inia, the only person
whose property could be touched by the bill
you'd pc those Who abandoned it, and ded t,
olaer States to fight against the Union, Hoy
olffeIent is such d bill, and how harmless com
pared with the radical measure which has :,
2larmed tho Senator from PENNSYLVANIA tha
ne declared it's passage would do what Treason
Seuld not, 1hat we ourselves will then hav,
dissolved the Union?" What moEes th'
course Of some Senators who have sI,okc,
against this measure the more remarkable i
Inc 1act that two Of them, at least. the Sera
tor from pennsylvania and my colleague. afle,
aehonncng the confscation of rebel pronerf1
10 9 limited extent, under an act of Congress-
as somethng monstrons and horrible, 6efor;
concluding their speeches, both ayoW them
selves in certain contingencies mol only in "a
Vor OF the confscation or destruction Of tn
property of rebels, but of ar1nipr their ne
groes to fight against them. Their trouble
seems to be, lest confscation should be res1
lated ~ Law, and not left, as they insist j,
9ught TO DC, to the arbitrary discretion of the
EXECUTIVE. That may not do Injustice ia
any one will read few paragraphs from the
speech CT my colleague on this bill. He said
The lbe1pedicnc; Of this bill is as manifest as
ITS nnconstitntionality. Let it pass, and its BRO
s;chs ee heraded IN advance Of the army as #
than to consolidate the entire peon1e far one Iasf
aoepa!ring struggle againstithose whom thew miohf
Etsaa Of friends nd beaeiactofsS hat possible BE
tnauceinent ~ could they have to prefer submission
10 death: For one, do rot wish TO waste tic for
1unes and deTastate the homes Of alj. Leave
.t E"anttndag 70 make the Guardianship of Govern
II subsequent portion of his spcech nv
colleague said: f@ --1'
The Government has the right and pover. and
nusht to exercise them, to seize and dcondscate ail
thc property, of every character iuclud1nr sIares
" nose II IL armed rebellion against the Govern.
nltnt OF who may give aid and comfort to those in
mm9, @ 80 lar as such property may come within the
reach OF our army, and so far as its seizure and
s eosnnaea1on may have any relation to the end and
es9ect or TIC war; and may tend to cripple and
20 suooue the entmy or strengthen us, and promote
ne sneccEs Of onr arms; and it Is the duty Of the
government h to exercise this right, aud to apply
adapted to aid in the successful prosecution Of tic
var, IL defluylng its expenses and lightning It's
hurdt ns On 10y q citizens. N'0
70 accomplish this, neither legislation nor ad
)ldlcatton is necessary The power is war power
lie right is q. be1lfgcrent right. These nripci
re ;5 5c anRRlicabe to slaves to other proper
fcrcee under his command in repeliInr fneitites M
from the llnes o. in artestin. aud retuFniug them
10 fsne1 matters but they should be received and
ava5 ecisn II ah1 eqqa BE- made
Ma na. and T.h'y any come whose services cannot be
aAu eillt 1of themselves The army il not bnund
to take care Of them, and cannot have them az
- p H. ieno@crs 70 be provided for at the expense
e So;d h A Tho san be
and labor which would otherwise i1cynivc Innn
cur sold'crs. Let them open roads. build bri5Tes
81 dl.ehes and trenches forlidcationss and
~ y Aeof OF every kind which may be needed b. q
large army and if need bette save the Goyern1n.nt
! Eom oFcFfhioW, the country from ruin. and our
nomes from desolatton. let them be formed into
Gl; and ana Ieg'menta aud drilled and disc-
aho death il the front OF batt}e''
GO not read these passages for the pur-
pose q exposing The Inconsistency of nv
colleague, TOR it seems after all, thai it is not
So 8 much the confscation of rebel property
u ~. ~ He opposed to as the manner in Which
II II IL done, he insisting "that neither lecisla-
ten , nor adjudication" is necessary to accom-
ElIsh the oejcct: position which shall here
altef Undertake to slow is wholly untenahIa
4 a1o ct war with both the spirit and letter Of
q G constitution. That the Constitution mis-
1 Ihe 5orcS Of the nation into the Presidents
laIds, Investing lin With the war-mak;n.s
power' which he may direct and control a. he
elcases, and only restraiocd in 80 far bY Con.
RI IS III that he must depend upon them n
COL us bills aud authorize his leyics. ."fas in
i'slea iS " thg Senator from Pennsylvania.
M: Co"AS, ! wholly deny. There is no
,:sution s1i " Of the sucS Constitution for tie
:xeeu'!ve 50 fsr rom t. otSss tSs wa9:.Ras q fhs
power Is, " the Constitution, expressly yesf,
I'd IN another department Of the Goyernuent
ITO, Is shall presently show, the Supreme
court has decided that the power to confscat.
,uenis property does not reside in the Ex-
,e ;tui1se bnt In Con1F-ss, and nowhere else.
and yet, strange as it may seem, these adyo.
;ises OF prsr"gative, who claim war no 3ers
ef 'hc PRESIDENT higher and above and ber1nd
lie constitution, are alarmed beyond ma1s.
'Ie a TIC bare proposal to enact law
S'ertos rebel property. to a very limit
-Apcnscs Of the war.
as an thc Senators who have spoken against
NJ Glil hAVe made the same class Of Obiec-
lops, will reply to them somewhat in DE-
AL, though l must confess, without much
l"le o. gaining their support to the measure,
1o' $, ard would doubtless itnagine Others. if
pose a1naoy suggested were removed; for in
uelI sympathy for rv5e.F, whom they STYLE
'ft1hrtp, they have vastly 1nagui6ed iha |
,r'lerfiors Of this bi11, as has a!readg been |
lo"n; ato | can only regard The claim OF
'o"ef oI conascatlon in The President as
onnter proposition to defeat this, for we ali
Ino" that the President does not pretend to
Asrclse apy such power; that lie. in fact. has |
etuked distius uished general for attemnt |
ng 10 exercise it; and shall undertake to |
neW before l conclude that he could not |
an1d dot'o'aHs eAelclse 6nch power if he |
GuAu- ...
by way OF meeting the objections tn f}r
GRdiDg bill, I will take nm the sneaoh ~ ~
enatpr from PennsSIyarlia TH9r Tan-I
fitch embodies most Of them. and endrqv,,ll
show, as think can, that they are all un-
.nndcd:
That ! may not m1sstafe his obicc3inno
cad from his speech. He said:
Congress cannot forfeit ths nnone,+r -, za,,,.
u longer thsn their lisea by The enacf11en -
~ " "hatever> for the following reasons :: A'
,,-,aa 4; 1hose mo ?ersons now T. rebellion, having
reason 9 the tinted States are guilty of
ontafne1 in the tbTS rsnni1ion OF that crime
the Constitution in Fhrb !; u 5ne dnlid article
90 Treason against the United sts;es eha1i IT, nm.
ut only IL lesying war against them, OF in 3D.
m e1ans 10 their enemies, giving them ald and com
!. Ha,co u
tue rsbe,s are ~ qon9teo but that az soon
over OF any law We msy a msss o,9agqs g within the
tante traitors, and obrosous to a5{ oecom9 20 n
hieh Is imposed by our statute lar frea snr
. The second clause Of that same sectio, mn.
'aes {. 19's 1l9uItner. 5' that
,.bLn,t shai nave poHer to declare the
ba1l WoTt eorrn7.i Pr n9 attainder OF treason
prinr the III * ~ y, oaooa Or except
-sT6erefoIe anvIsETmasa r. e. ~
ourts must confor1n III. .,.aris NJ, u ne
or Grcater penalties could be inannsei thsn III T.
on3d warrant. II, therefore, the law was to ensct
absolute forfeiture Of the estates OF the traitor
o",d IL 1e oaa toF the excess, and the judges
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