Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1862-07-03

rebel property, which gentlemen suppose
a very grave charge, but which am at
all times ready to incur when there is no
constitutional authority for such confs-
cation. The only manner IN which the
private property of rebels can be confsca.
ted, is in pursuance of such laws as have
been or may be enacted for the punish
ment of treason, in obedience to the third
section of the third article of the Consti-
tuition, which is as follows
"Treason against the United States shall con
sist only in evying war against them, or in adher
ing TO their enemies, giving them aid and com
fort. No person shall be convicted of treason un
less the testimony of two witnesses to the overt
act or on confession in open court
..The Congress shall have power to declare the
punishment Of treason; but no attainder of treason
shall work corruption of blood or forfeiture, ex.
cept during the life of the person attainted"
If the property of rebels is forfeited it
must necessarily be for treason, as there
is no other crime that, by the Constitu.
ton, incurs this penalty before the prop.
erty can be forfeited the owner must be
convicted, and this, according to the sec
tion of the Constitution just read, can on
ly be on confession in open court, or on
the testimony of two witnesses to the
same overt act. The conviction must be
through the medium Of a court not on
ly must the conviction be in court, but
the trial in such case, according to the
second section Of the same article of the
Constitution, shall be by jury. The con.
vlction must be in pursuance of existing
laws defining the degree Of guilt. Laws
cannot be enacted for tho purpose Of
reaching back to acts not made criminal
by statutes existing at the time OF their
commission, nor can statutes be framed
increasing the penalty Of crimes already
committed beyond their penalty at the
time, for it is expressly declared by the
Conititution that "no er post .facto law
shall be passed"
Trial for treason, as well as all other
crimes, when committed in any State,
shall be in the State where committed
When trial and conviction of the party
accused is had, which must be upon pre-.
sentiment or Indictment of grand Jury,
(filth article Amendments to the ConSti-
tution,) then follows, as the result Of
that conviction, forfeiture of his property,
if annexed as penalty by existing laws !;
but the forfeiture is only, at most, dur
ing the life of the person attaintcd. Thus
1t is that numerous guards and restrictions
are thrown around the administration of
the punishment Of the crime of treason,
which is the crime of which those engaged
in the rebellion are guilty. 1t may be
said that laws thus tardy in their opera
ton cannot be executed in rebellion so
formidable and that we must not thus
be restrained in administering punish
ment to those who have been attempting
to overthrow the Government; that there
are no courts in many Of the States to
administer the law on this subject. If
the Constitution has not made ample
provision for emergencies like the present,
1t is no part of our duty, SWorRdS ue are
10 support tie present Constitution, to un-
dertakc to make new one. But if we
shall succeed in subduing the rebels, so
that the practicability of punishng for
treason shall arise, there will be no diff
Guilty in executing the law on this subject.
But for the present we shall have en-
ough to do in using all the power of the
Government in suppressing rebellion and
restoring Federal authority in the s.ce-
ding States. When this is accomplish
ed, the laws can be executed, and not cf
fec;ually until then. AS has been sug-
gcstcd by the learned gentleman from
Massachusetts, Mr.. Thomas in his very
able speech upon this subject, even if the
rebellion should not FOR a time be suppress
cd in all the seeded States so far as to-
permit the restoration Of the judiciary and
the execution Of tho laws therein, yet
many, and perhaps most, of those active
ly engaged (as leaders at least in tho re-
bellon, might be tried in some Of the
States where the judicial authority has
not been obstructod, or where it has been
restored. For instance, in Tennessee,
Kentucky, and Missouri, the military
operations OF the rebel government have
been extensive, and although many of
the leaders have not been actually present
in these States i'll person heading the re-
bellion, ye: they have been constructive
ly present, from the fact that they have
directed, controlled, and superntcndcd
those military operations, and are there
fore liable to trial, conviction, and pun
ishment in some Of the loyal States iol
treason.
| suppose the President Of the SO cal led
Confederate States might be tried in Mis-
souri, Kentucky, Tennessee, Virginia, or
Maryland for treason before a court and
Jury which would administer the law in
ali its rigor but, to use an old adagc,
las catching is before hanging" it is
needless to speculate upon this feature of
the question now.
1t remains to be seen yet whether the
Government will find it practicable to eX-
ecute the penalty Of the law against those
in custody of its proper officers, and in
the trial and conviction of whom there is
no impediment or even whether the rig
or of the law will be visited on those al
ready convicted Of that most heinous ol
crimes, piracy. i it shall bo found i'm
practicable to execute the penalties of the
law in these cases, when the remedy i
plain, why complain about persons esca
ping punishment where there is no rem
edy, or an incomplete one If the pen,
atty OF tho law, which affects the persons
cannot be executed against party il
custody, why need the penalty be visited
on the property Of those not in custody
if it were legal and possible to do so?
IT,. / Al