Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1862-07-25
MESSAGE OF THE PRESIDENT.

Considering the bill for an act to suppress,
Insurrecuon, to punish treason and rebellion
to seize and cOnfScate the property Of rebels,
and for other purposes, and the joint resolu-
ton explanatory Of said act, as being sub
stantially one, | have approved ami signed
both. Before WIS informed Of the passage
Of the resolution. | had prepared the draft
of message stating objections to the bill
becoming a law, a copy Of which draft i
herewith transmitted.
July 18th, 1862.
Fei'or7 Cih-sHs Of the House Representatives.
| herewith return to your Honorable body
in which it originated, the bill for an act en-
titled, " An act to suppress insurrcction,
| t. punish treason and rebellion, and
c)nhscato the property Of rebels, and tor
other purposes, together with my obiec-
tions to It's becoming law.
There Is much iu the bill to which | per-
ceiyc 10 objection. Ii Is wholly prospective,
and it touches neither the person or property
OF any loyal citizen, in which particular 1t
is just and proper.
The first and second sections provide for
the conviction and punishment Of persons
who shall be guilty Of treason. and the per
son who shall incite, set on foot, assist or
engage in any rebellion or Instruction
against the authority Of the Unitcd States or
the laws thereof, or shall give aid or COM
fort to any such existing rebellion Ur iusur-
rec;iOn. BY Eir construction the persons
within these sections are not to be punished
without regular trials IN duly constituted
courts, under the forms and all the subOr-
diuatc provisions Of the law and Oi the Con-
stituti0n applicable tJ their several cases.
To this perceive no objection. especially as
such persons would be within the general
pardOuiDg power, and also within the special
provision i0r pardon and amnesty contained
in this act.
1t also provides that slaves Of persons con
fi,catcd under these sections shall be free. |
think there Is an unfortunate form Of ex-
preston rather than 4 substantial objection
IN this. IL Is startling 70 say that Congress
can free a slave within a State, and yet,
were It said that the ownership OF the slave
had Just been transferred - the nation and
that Congress had then liberated blm, the
difficulty would vanish, and this Is the real
case. The traitor against the general gov
ernmcnt iorleits his slave, at least as justly
as he does any 0th.r property, and he forielts
both % the government against which he
oif.nds The government, Sd far rs there
can be ownership, owns the forfeited slaves,
and the question for Congress IN regard 70
them Is, ''Shall they be made free or sold to
new masters 2'' | see no objection u Con-
gress deciding in advance that they shall be
ire. 10 the high honor Of Kentucky, as |
am informed, she has been the owner Of some
slaves by escheat, and has sJld nome but lib
Grated all hope the same Is true OF some
other States. Indeed, | DO not believe IL
would be physically possible for the general
government 20 return persons 50 clrcum-
stanced to actual slavery. | believe there
would be physical res stance to 1t, which
would never be turhed aside BY argument
nor driven away bv force. la this view Of
It. have no objection 10 tins feature Of the
bill. Another matter contained IN these two
sections and running through other parts Of
the bill Will be noticed hereafter.
perceive no objection 20 the third and
fourth sections.
- far as wish u notice the hith and sixth
sections. they may De considered together.
That the enforcement Of these sections would
do no injustice TO the persons embraced IN
thcm Is clear. That those who make cause
less war should be compelled to Iay the cost
Of it. is too obviously Just 70 be called in
question. 10 give government protection to
| the vroucrty Of persons who have abandoned
IL. aud zone On a crusade u overthrow that
same government. Is absurd If considered in
| the mere light of justice. The seveTest Just
| lce NAV not always be the best policy. The
principle Of seizlns and approprIatins the
property of the persons embraced within
/ these sections is certainly not very objection
] blc. but Justly discriminating application
/ OF IL would be very difficult, and, 70 Il great
/ extent impossible, and would u not ce wise
| to place a power OF remission somewhere, 50
| that these persons may know that they have
something TO slyc 10y dcslsans
/ am not sure whether such power OF re
mission is or Is nOt within section thirteenth,
OF would need a special act Of Congress.
! think our military commanders, when, in
/ military phrase, they are within the enemy {
/ country, should 10 an orderly manner seize
and keen whatever Of real or personal prop.
erty may be necessary or convenient Tor their
commands. and at the same time, preserve IN
some wav the evidence OF what they 10.
What / have said in regard 10 slaves, while
/ commenting upon the first and Scc1ni sec
| tions. Is applicable to the ninth, with the
difference that no provision Is made IN the
whole act for determining whether a partic-
ular individual slave does or does not fall
| within the classes defined in that section
| He Is to be Tree upon certain conditions, but
whether these conditions do or DO not pertain
| Ia him. no mode of ascertainiug Is PROVIDED.
This could be easily supplied.
To the tenth section, make no objection.
The oath therein required seems to be proper
and tie remainder OF the section Is substan-
tialiv identical with law already existing.
Tie eleventh section simply assumes tc
confer discretionary powers upon the Execu'
tive without the law. | have 10 hesitation
to 20 as far in the direction indicated as
NAV at any time deem expedient, and | an
ready to say now that think it is prOpel
for our military commanders to employ a!
laborers as many persons Of African desccr1
as can be used to advantage.
The twelve and thirteenth sections arr
something better. They are unobjectiOnabl'
and the fourteenth is entirely proper II al
other uarts of the act shall stand.
That to which and chiefly l object, per
vades most parts of the act, but more dis
tinctly appears in the lst, ID, 9TH and Sth
sections. 1t is the sum of these provision.
which results in the divesting Of title forever
for the cause of treason, md the ingredienu
of treason but amounting to the full crime. Il
declares forfeiture extending beyond the live
of the guilty parties, whereas the cOnstitu
tion of the United States declares that n,
attainder of treason shall work corruption o.
blood or forfeiture, except during the life OF
the persons attainted. True there is to b
no formal attainder in that case. Still
think the greatest punishment cannot be con
stItutionally inflicted IN a different form io
the same offense. With great respect | an
constrained to say,I think this feature Of tn
act Is unconstitutional. Itwould not be dIi
fcult to modify it. may remark that tn
provision of the constitution put IN languag
borrowed from Great Britain, apple
only in this country, as | understand, L
real or landed estate.
Again, this act by proceedings N ran for
leits property for the Ingredients Of treason
without a conviction of the supposed Grim
inal, or personal hearing given him II
any proceeding. That We may not touc