Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1862-06-20
CONVERSATION OF REBEL PROPERTY.
SPEECH OF HON. Il. p. WALTON,
OF VERMONT,


Mt WALTON. Of Vermont, said
Mt srEAKHR There arc many thinVs involved w the
questions before the House in which believe very
large majority in each branch Of Congress agree, and
indeed in most things that essential II is agreed
that treason and rebellion are monstfous crimes II so
be that the always be resolved into that
greatest crime known to the laws II agreed that
the punishment should be both certain and terrible TO
the ends that this generation may have justice and their
children security fo future tranquility Its agreed that
treason must net he made easy, civil war, with Its
concomanis Of Wholesale robbery, piracy and murder,
60 unavcnged 1t agreed that death Is deserved pun
shment at least for the chief conspiratofs and control
ling in the crime II is agreed also by most mem
bers Of this body aud by All presume with whom It is
ny choice politically act that slavery the chief
" the attempted ruin Of the county, ought
to he the chief sufferer Aud finally 1t Is agreed that,
either addition % alternative for the punishment
Of death, and In some mOde-by conhscation, fine or
foreiturc-the guilty should be forced 10 make some a.
tenement and compensation for their crime through their
property.
complished s exhibited in two schemes now before the
House. These that which Is embraced 10 two bills
reported from select committee Of the HOME by the
gentleman nom Massachusetts, Mr. Elotl the one
oonfscating the properly n rebels and the other eman
cnang their slaves and the substitute for both Of those
bills which have prosposed by way of amendment 10
each The substitute have offered Is in substance the
bill reported bya select committee u the Senate with
two important amendments borrowed from substitute
moved by my colleague, Mr. Morrill, The fact that
these schemes the results OF the labors Of special
committees Of both Houses commend them to favorable
consideration and the further fact that both agree sub
stantaly in results differing mainly In modes, gives
surance that substantial aud satisfactory act is within
reach We have only TO harmonic the difference in
modes. believe that the demands Of justice, as well as
the demands and just expectations Of constituents,
will secure the enactment " some statute embracing the
purposes Of the two schemes ! have named and am
solcitious only for the Of that which shall fully
comport with our constitutional powers and will there
fore be most efficient because such an act, and such
only be carried into effect by the Executive and
sustained BY the The enactment Of uncons
tutional aud ineffective would be insult
constituents. mookey OF JUSTICE and proof OF inc
grossest infdey our high trust II would be criminal
in Us 20 to trihc with the grayest questions Of criminal
jurisprudence.
| have said the two schemes agree substantially ia
contemplated results The House scheme leaves the
penalty Of death untouched, and the result Of IL Viii be
to add the loss Of slaves and the forfeiture Of property
the penalty Of death. il Is reversal Of the rule 10
be hung and pay forty shlings" We are to take the
property where find it, and hang the when
can catch him The Senate scheme, which have
proposed agrees in retaining the death penalty for past
treason ana differs in providing the alternative Of death
20 the traitor ana emancipation OF MS slaves or hts m
prsOnment, together with heavy fine, reaching all the
property, IL the shall deem that proper, and the
emancipation Of his slaves for future ohensos IL dftrs
aso IA defining conspiracy TO subvert the Government by
force melting 10 rebellion Instruction,
emcs and provides punishment for those crimes These
provisions have been rendered necessary by decisions u
the supreme Court (cited Ia Brightly Digest p 81 aud
The second section Of the nate bs thcref re yaua
bic feature These crimes heretofore unpoyded for
As to slavery, both schemes agree In emancipatng the
syesuf obels and also in barring dsloya persons from
recovery 4 fugtves But there are very material differ
enoe~ IN favor Of the substitute have proposed and
these additions 10 the Senate scheme. These
discharged descendants a
slave, shall be re-enslayed by any authority whacv
that the court ia dsohargng shall give TO each slave
certificate Of freedom which shall be protection forey
e 10 the person discharged and to all descendants aud
that any person discharged and declared free shall
be arrested as slave any Judge Of United states
shall discharge such person ha6cqs corpus and
punish the offender kidnapper. These provisions
were taken from the amendment Of my colleague Mr.
Morrill, and submit that they are absolutely ntcessa-
~ TO give practical and permanent effect to whatever
scheme Of emancipation may adopt Emancipation
will be in vain, II every slave State may asten the chain
we nave broken. mere legislative declaration Of free
dom to the slaves OF rebels without any process to carry
IL into effect without any record proof OF the fact Of free
DOM without certificate Of that fact in the hands Of
cry person emancpaod, and without any guard against
future bondage would but mock the hopes Of mulutudes
who waiting for deliverance. Yet such, | sorry
say is the House scheme. II is Just that and moth
ing else and l regard il little better than the late
proclamation Of most worthy and excellent officer
who halls from my own state General Phelps or than
thai LAYER proc amaon Of Gen Hunter, which the Presi
dent in the execution Of his own policy Of emancipation,
was forced to ignore.
As TO property. both schemes agree in the present
seizure or sequestaton Of all property, both real aud
personal Of such classes Of have been
chesous and most responsible for the billion and to
these classes the two schemes substantially agree Both
also agree in siezng sequeserng the property well
dschArging the slaves " all persons who engage in
rebellion, aid and abet it, at time sixty DAYS after
proclamation Of the President warning them against H.
In the disposition Of the avals OF the property however
there is material difference and il is that the House
scheme allows loyal creditors Of rebels take pay Of
the rebellion fund in the Treasury while the substitute
leaves creditors solely TO their legal rights Of prior lien
ana not undertake 10 them from the Treasury
OF TO contest the suits and settle the estates OF rebels
Finally in the facility Of execution there is substantial
agreement the one foreits and the other ssquesers
forthwith. Both carry the property TO the Courts for
dspcsai-the one at common law and the other in admi
ralyand although the substitute carries the also
r trial. the House scheme does not, 1t Is 70 be noted
that the former iureits all the popety and frees all the
slaves Of the accused II he shall neglect refuse after
public notice, to appear for trial.
This provision Of the Senate scheme is not novel
in civil cases, cert iny in this country, aud in flight FOR
teason It has warrant in the source from which the
If FhF lion L.
$50
There arc four provisions in the substitute have
cd which are not IN tho House scheme to wit Every
person guilty OF either Of the offences named to be
forever incapable and disqualified to hold any office
der the United States the President may proclaim par
don and amnesty whenever advisable with all excep-
tons necessary to meet the ends Of justice this OF
course, not applying to persons convicted; Africans
mBy be employed and organized for The suppression
treason instruction rebellion; and The President
may provide for the colonization Of such emAncipated
slaves as may voluntarily eject, in any suitable county
which will receive them. and accord 10 them the prive-
ges Of frocen but this does not give authority pur
chase territory for that purpose.
Il thus appears that both schemes substantially agree
in scope and purpose and both based upon the
cause at the bottom that is crime and the crimes Of
treason or rebellion and insurreeiion. The radical diff
fetences to the modes OF proceeding The House
scheme finds its authority in the 80 called powers
the Government, and undertakes to set aside all h'
muniments of the Constitution for the protection Of life
liberty and property to subordinate the judicial to III,
power, and TO force the courts 20 condemn tn,
property Of rebels for their crime without indictment ar
raignment, trial by jury and conviction The Senat,
scheme. on the other hand provides for proceeding
purely criminal resting Us authority upon the unques
TONED provisions OF the Constitution, aud scrupuousl,
respecting all its restrictions.
doubt the proprie and efficiency of the Houfi
scheme doubt whether IL be sustained in thu
courts doubt whether It will not prove utter il
uTei and without attempting formal argument, whicl
might well employ the utmost powers Of the abest
sututonai lawyers, / propose 10 state some Of th'
grounds Of my doubts. BY my office here, | am com
PEELED to examine and decide though lawyer all
upon legal questions OF greatest magnitude and mus
do II as we'll as may.
The first objection is to the principle upon which th
House scheme proceeds. IL is based upon crime but d
does not proceed upon the principle Of Furnishing crime
do i advocates derive right 20 adopt II nom III,
clear and unqnestioned power Of Congress TO punish
crime On the contrary, they derive right from 9th
entirely first incident 10 the constitution
al power TO declare war, raise and supply armies aud
nsyies and call out the militia suppress nsurreuton.
and second, derived from the law Of natinns, which
authorize they claim, the eonhsoatiou Of enemy
property There has been abundance Of argument, pro
and these two points, and propose add very
little 70 II. This Government, certainly, has all h'
powers Of war belonging 20 any civilized and Christian
nation but the Constitution itself, understand Il
distributes those powers the three great divisions
GoYemmeDt--eNeoutive, legislative anu judicial. Con
gress has It's special province to declare war raise
support armies and nayiea, and make rules for thc
government The President is 10 ioi
this purpose subscribe TO the doctrine Of Judge Stou
-" that when the legislative authority 20 whom the gh
70 declare is conbded has declared war in ito mos
he o VIII Ia