, 1862-04-09

Z(n. - @t*
But will undertake to show that the hill
uEotf cohSlderasion is in 10 sense 4 bill OF 1t.
Lander. It does not propose TO attaint anv
oEc, or 10 utlcct auy onr's person or h1ooi
II coes not name any onc on whom it is to op-
es1e, hn! simply provides for the f5rtt iturc Of
ete property uf persons guilty Of CERTAIN Of
ntnsts' WHO themselves are beyond the reach
~ courts, ard cannot be brought to trial, the
tu1!tisu ure to be enforced in tie lors1 Statas
through the courts by proccedin,rs i, ,.s,,
a1o LII the dis!oyal States, in which The eonrts
are overbnTne, to be enforced, from the nec.s.
Sity OF the case, through the military power
Such a bill las nouc Of the characteristics of
pn q :, ,a!talncer, which may be defined to be
that extinction of civil rights and capacities
Which takee place whenever person Who has
committed treason or felony receives sentence
OF death for his crimes'' Bills of attain-
der arc, moreover, directed against some
particular person or persons bY name, who
arc thereby attaintcd for some crime ALREADY
committed. This bill provides tor the forfeit.
nre Of estates in certain cases as punishr7ent
tor crime hereafter to be committed. when
the person Of the individual committing fhe
onense cannot be reached. It does not a{taint
OF eoaslct anyone Of having committed a crime
nor OF 1tseH conhscate the property of any
one, and is no more like bill Of attalnder
man Is an act imposing fine as punishment
1of assault and battery, or forfeiture of ronfls
rs penalty for smuggling.
t1e llgnt 10 contscate the property OF 4
tspei t: OF tlaltor attaches without any couvic-
1ion OF the offender. This bill applies oul7 to
p!oeeedfogh ~ rem It has nothing to do
with the punishment Of the person. and In.
occu, ooes not operate upon the PROPERTY Of a
person Who Is within reach Of judicia1 process.
L. u toe Gaze Ct The Palmyra, (12 Wheaton, Ii
this, say: ~>'t1s-- ~ '''' NV "Ae
ao aany eaees exist where the forfeiture for acts
none attaehes solely In rem, and there is no ACCOM-
h gSh,SloG penalty IN prrsonam- Many cases exist
eona nana s1ssG 1S beth forfeiture in rt and per
ever been decided that the PROSECUTIONS were de-
pe5oent upon each other. The practice has bean
the HFoeesdipg in 's'n stands independent Of aud
Mnoay unaffected By, any criuinal proceeding i.
The senator from California. to sbow vbv
II tbls BIZ ought not to pass, quotes from story
the following: AVA ''o1'
It sErc1r Is enough for society to take the 1{fa
OF the offender. AZ Just punishment Of his crime
ghes 9@ NJ he bpP nd
ang them from poverty and ruin.''
80 say I, and the bill does not PROPOSE In
touch the property Of any one whose life has
. pesn !aken or who can be brought to trial for
his crimes. and it IS therefore not obnoxious
70 the objection pointed out BY Story.
!, ANOTHER ground Of objection to this bill il
tne !i allegation that it is m encroachment on
the p1erogativc Of the Prcsideut. Who Il ia
alleged, as Commander, in Chief Of the Army
snd NnyY, already possesses the po yer Of con
oseat1on that the extraordinary powers
which the Government may Yield in time Of
var. called war powers. belong to the Prusi-
cent 9. aid lot to Congress, aud In support OF
thts proposition my colleague cites the case
qf Luther RS. Borden, reported in z Howard.
VIII endeavor to show, IS think eau, that
9nch p elalms Of pTeroEatires on the part Of the
trts1dept are uuwarranted by the Conssitu-
ttioo, aga!net the practice Of tho Government |
81 .,eln It's foundation, and that the case of In.
!her ~ r. Borden. 60 far from being an authori-
against It ~ 49, 1eAte5
l. 1nezc Is not syllable Ia the Constitution