The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-07-24
THE PRESIDENTS MESSAGE.


1
Fcllo,o Citizens Of the Senate and House OF
! ID Representatives
Considering the bill for an act to suppress
|insurrection, to punish treason and rebellion,
to seize and contiscate the property of rebels,
and ior other purposes, and Joint resolution ex-
planatory Of said act as being substantially one,
l have approved and signed both Before l
was informed of the passage of the resolution
had prepared draught stating objection to
the bill becoming law, a copy OF Wh4ch
draught is herewith transmitted
| (Signed) ABRAHAM LINCOLN.
July II, 1862.
THE UNSIGNED DRAUGHT OF VETO.
FelLo,o Citizens Of the House Of Representa-
| tires
! herewith return to your honorable body
i'll which it originated, the bill fer an act emil
tied can Act to suppress treason, to seize and
confscate the property Of rebels, and for other
purposes" together with my objections to lis
becoming law.
! There is much in the bill to which perceive
80 objection. 1t is wholly prospective, and
it touches neither person or property or any
particular citizen in which particular it is just
and proper. The first and second section pro-
vides for the confiseation and punishment OF
persons who shall be guilty OF treason, and
the person who shall incite, set on loot, assist
! or engage in any rebellion or instruction
against the authority of the United Stetes or
the laws thereof, Or shall give aid or comfort
| to any such, existing rebellion or lnsurrec-
| ton.
BY fair construction, the persons within
| these sections are not to be punished without
regular trial in duly constituted courts, under
the forms and all the substantial provisions OF
law and of the Constitution applicable to their
several cases.
To this perceive no objection, especially as
such persons would be within the general par
doning power, and also within the special pro-
vision for pardon and amnesty contained in
this act.
| 1t also provides that the slaves of persons
confscated under these sections shall be free.
| | think there is an unfortunate for of ex-
preston rather than substantial objection to
| this. 1t is startling to say that Congress can
| fee slave within State, and yet were it said
that the ownership Of the slave had first been
transferred to the nation, and that Congress
had then liberated him, the difficulty would
vanish, and this is the real case. The traitor
against the general government forfeits his
slaves as justly as he does amy other property,
| and he foTieitS both to the Government against
which he offends. The Government so far az
| there can be ownership, owns the forfeited
slaves, and the question for Congress i'll regard
TO them is, shall they be made free or sold to
new masters ] see no objection to Congress
| deciding III advance that THEY SHALL BE
FREE To the high honor of Kentucky, as |
am informed, she has been the owner of some
slaves by escheat and has sold none, but lib
Grated all. l hope the same is true of some
| other States. Indeed, do not believe it would
| be physically possible for the General Govern
ment to return persons so circumstanced to
actual slavery. believe there would be ply
/ h;nl, L.
moved aside by argument, or driven away by
force. In this view oft have no objection
/ to this feature of the bill.
! Another matter in theme two sections and
/ running through parts of the act, will be no.
ticed hereafter perceive no objection to the
third and fourth sections.
| So far as | wish to notice the fifth and sixth
sections, they may be considered together
| That the enforcement of these sections would
do 10 injustice to the persons embraced within
| them, is clear. That those who make cause
less war should be compelled to pay the cost of
it, is too obviously just TO be called in question.
To give Government protection to the property
of persons who have abandoned it and gone on
crusade to overthrow that same Government
is absurd, if considered in the mere light of
justice.
/ The sevelest justice may not always be the
best policy. The principle of Selling and ap-
Ipropriating the property of the persons EN-
| braced in these sections is certainly not very
Questionable, but justly discriminating appli-
cation of it would be very difficult, and TO a
great extent impossible.
| Would it not be wise to place power of re-
mission somewhere, $50 that these persons may
know they have something to save by desist-
ing and | am not sure whether such power of
remission is or is not within section thirteen
without special act of Congress.
/ think our military commanders, when, in
military phrase, they are within the enemy's
country, should in an orderly manner seize and
keep whatever of real or personal property may
be necessary or convenient for their com.
mands, and at the same time preserve i'll some
way the evidence of what they do.
What have said in regard to slaves while
commenting on the first and second sections is
applicable to the NINTH with the difference
that no provision is made in the whole act for
determining whether u particular individual
slave does not fall within the classes defined in
that section. He is to be free upon certain
conditions, but whether these conditions do or
do not pertain TO him, no mode Of ascertaining
is provided. This could be easily supplied
To the tenth section l make no objection,
the oath therein required seems 10 be proper,
aud the remainder of the section is substanti-
ally identical with a law already existing.
The eleventh section simply assumes to con-
fer discretionary powers upon The executive,
without the law. l have no hesitation TO 90
as far in the direction indicatcda as may at any
time Seem expedient and am ready to say
now l think it is proper for our military COM
mandeYs to employ as laborers as many per-
sons of African descent as can be used to al
vantage.
The twelfth and thirteenth sections are some
thing better than unobjeclionable, aud the
fourteenth is entirely proper, If all other parts
of the act shall stand. That to which chiefly
object pervades most parts of the act, but more
distinctly appears in the first, second, seventh
and eighth sections. 1t is the sum of those
provisions which results in the divesting of
title forever for the causes of treason, and the
ingredients of treason, but amounting to the
full crime. 1t declares forfeiture extending
beyond the lines of the guilty parties wherein
the constitution of the United States declares
that no attander of treason shall work corrup.
ton of blood or forfeiture except during the
! life of the person attainted.
True, there is to be no formal attainder in
this case, still l think the greater punishme nj
cannot be constitutionally inflicted III differ
emit form for the same ohense.
. With great respect am constrained to shy
think this feature of the act is unconstitu
! tional 1t would not be Difficult. to modify it
/, II may remark that the provision Of the Consti
E tuition put in language borrowed from Great
Britain, applies only in this country, as un
derstand, to real, or landed estate.
Again, this act, by proceeding in rem, for
! feits property for the Ingredients of Treason
without conviction of the supposed criminal, Oh
personal hearing given him in any proceed
ing.
That we may touch property lying within
, our reach, because we cannot give personal
notice TO an owner who is absent endeavorinG
to destroy the Government, is certainly no
Very satisfactory; still the owner may not bt
thus engaged, and think reasonable tim'
! should be provided for such parties to appeal
and have personal hearing. Similar proyjs
, ions are not uncommon III connection witt
proceedings in rem.
For the reasons stated l return the bill t
: the House in which it organized.