The Portland daily press., 1863-01-01
ssUnconstitutional Legislation.,,

Under this head the New York Atlas, edit
ed by Democratic Congressman elect, says:
The bill of Thad. Stevens, to legalize the
acts of the President, members of the cabinet
and those acting under their authority in ar
resting and mprisoning citizens aud locking
them up in the nationallo forts without examina-
tion or trial, passed the house on Monday, by
a vote of 80 to As. None of the New York
city democratic members were present to vote.
The law thus passed condoniRg the unlawful
acts of the administration in kidnapping white
men, is as much unconstitutional as the out
RACES upon personal liberty which it attempts
to legalize. 1t is &c post fdcto in its operation,
and all such enactments are expressly forbid
den by the Constitution.
If wise and learned newspaper expounders
of constitutional law would learn the simple
definition of the terms employed in the Con-
stitution, and not use them interchangeably
for words aud phrases OF very different signifi-
cation, the trainers of that instrument would
not be held answerable for so many absurdi-
ties as, it is feared, are now charged to their
account. 1t would seem from the above ex-
tract that Mr.. Stevens proposed simply to le-
galize certain past acts of officers of the gov
ernment, the legality of which was regarded
as doubtful
The fling about kidnapping white men,"
which, properly interpreted, means the arrest
and Imprisonment ofmen reasonably suspect
ed Of treason or completely with rebellion, may
pass, like all such democratic arguments, for
what it is worth; we propose to deal only
with the unconstitutional allegation. at
'[the law referred to] is er post .facto in its OPP
eration," says the Atlas, "and all such enact
ments are expressly forbidden by the Consti-
tuition" This remark comes of not knowing
what is meant by er post .fdcto and using it in
the sense o>retrospective or retroactive. Be-
cause law reaches back, and takes effect up
on things existing prior to its enactment, it by
no means follows hat 1t is egpost tdeto. Re-
troactive legislation is among the most com
mon either OF the State or federal legislature.
Not session OF our legislature meets, proba-
bly,, that acts are not passed to legaize the
proceedings of some town, school district or
corporations ,-healing cts,-and yet all such
legislation, according TO the Atlas, would be
unconstitutional, because the same prohibition
in relation to er post fdcto laws is put upon
the legislature bytil Constitution Of Maine,
that is put upon Congress by tue federal Con-
stitution. Such laws are simply retroactive
in their operation, reaching back and covering
things previously existing.
Waat then is an ec post fdcto law aAn er
post Jdcto law" says Cranch, lis one that rem
ders an act punishable in manner in which
1t was not punishable at the time it was COM
mitted." Chancellor Kent says, 'this defni-
tion is distinguished for its comprehensive
brevity and precision"
This is sufficient. The bill of Mr.. Stevens
Is not er post Jfdcto in its operation. Con-
gress has power to declare the punishment of
treason. Ii the present Congress should in
crease or intensity the punishment of this of
Tense, it would plainly be acting within COIL
stitutional limitations, but it cannot make a
law TO punish a reasonable act already COM
mtted, with more severity than the law now
provides, or making an act reasonable which
was not reasonable under the laws existing
when the act was committed, for snch would
be er post fdcto legislation, and such legisla-
tion is prohibited By the constitution.