Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-07-18

lton thirteen, without q special act Of Congress
think our military commanders, when 10 mill
tary phrase they are within the enemy's coun
try,should in an orderly manner seize and keeI
whatever Of real or personal property as may
be necessary or convenient for their command
at the same time preserve 10 some way the ev,
idenoe of what they do.
| What have said In regard to slaves while
commenting on the fret and second seotlone, Ia
applicable to the ninth, with the difference
that no provision is made In the whole act for
determining whether q particular individual
slave does or does not fall within the clause de-
fined In that section. He is to be free upon
certain conditionsj but whether these conditions
do or do not pertain to him, no mode OF ascer-
tanning is provided. This could be easily sup
piled.
To the tenth section, make no objection -
The oath therein required seems to be proper,
and the remainder of the section 10 substantial
" Identical with u law already existing.
The eleventh section simply assumes TO con-
fer Discretionary power upon the executive, with.
out the law. have no hesitation to 20 ss far
In the direction indicated as may at any time
deem expedient, and am ready TO say now,
think IL is proper for our military commanders
to employ as lab0rers as many persons Of Atri-
can decent as can be used to advantage.
The twelfth and thirteenth sections are some.
thing better. They are unobj jectonable; and
the fourteenth is entirely proper If all the other
parts OF the act shall stand.
That to which chiefly object pervades most
parts of the act, but more distinctly appears in
Lhe frat, second, seventh and eighth sections.
II Is the sum of those provisions which result in
the dividing of title forever. For the causes
of treason and the ingredients OF treason, but
amounting to full crime, 10 declares forfeiture
extending beyond the lives Of the guilty parties;
whereas she Constitution Of the United States
declares that "no attainder of treason shall
work corruption of blood or forfeiture except
during the life Of the person attainted" True,
there Is to be no formal attainder In this case.
Still | think the greater punishment can not be
copstitutionally inflicted for the same offense.
With great respect am constrained to say
think this feature Of the act is unconstitu
tienal. 1t would not be difficult to modify it
may remark that the provision of the Consti-
tuition, put In language borrowed from Great
Britain, applies only In this country, as l uu-
derstand, to real orlanded estate.
Again, this act by proceeding in rem forielts
property for the Ingredients of treason, without
conviction Of the supposed criminal or a per
sonal hearing given him In any proceeding
That we may not touch property lying within
our reach, because we cannot give personal no.
tioe to an owner who is absent endeayoring to
destroy the government, Is certainly nos very
satisfactory. Still, the owner may not be thus
engaged, and think reasonable time should be
provided for such parties to appear aud have a
personal hearing. Similar provisions are not
uncommon in connection with proceedings in
rem
For the reasons stated return the bill to
the House In which 1t originated.