, 1864-03-26
INTERESTING Con1ooUr.=Mt. S. S.

COX, Member OF Congress from Ohlo, not
long since was giving his views in the lower
House, upon resolution introduced "ex-
planatory of an act to suppress ihsurrection,
punish treason and rebellion, to seize and
confscate the property of rebels, and for
other purposes" when in the midst of his
speech he was interrupted and the following
queries propounded:
Mr.. Stevens As the gentleman from
Ohio is discussing grave matter, let me ask
him a question.
Mr. Cox. Certainly sir.
Mr.. Stevens The Constitution provides
that Congress shall have power to declare
the punishment of treason; but no attainder
of treason shall work corruption of blood or
forfeiture. Now, has not Congress power to
punish other than by attainder, and if that
other punishment is the forfeiture of estate,
does it violate the first clause of the Consti-
tuition
Mr.. Cox. I answer the gentleman by re-
ferring him to the Presidents message
Laughter. The President in in his mes
sage to the last Congress held that to divest
the title forever-"for treason and ingredi-
ents of treason was unconstitutional You
passed the joint resolution to obviate his
scruples The gentleman must stand by
the Administration l charge him with be-
ing traitor or secessionist if he now desert
Mr.. Lincoln. Great laughter 1 hope
my friend from Pennsylvania, after so long
hurling his envenomed shafts of satire
against this side of the House because we
did not always sustain the President, will
not himself fail of his loyalty. There may
be other punishments beside the forfeiture;
but the punishment you now propose, aud
which aIl now discussing, is unconstitu-
tional So says the Administration 1
proudly stand by the Administration =
Laughter.
Mr.. Stevens. l understand the gentle
man as not giving his own opinions, but
those of Mr.. Lincoln.
Mr.. Cox. When interrupted, l was Civ
ing the views of others-Judge Story,
Judge Curtis, and Dr. Leiber | am not
prepared to say that all of Mr. Lincoln S
views on that subject are the best | only
say that they should be binding upon that
side of the House who have so often urged
that failing to sustain the Administration
you fail to sustain the Government. Where,
then, do gentlemen stand? Opposing the
constitutional views of their chief? How
handsomely you look before the country in
that capacity, after your phillipics against
our disloyalty Here is a bill which in
wolves the very exercise of the highest
sovereign power, confscaton of the estates
Of persons absolutely, scheme of forfeiture
involving hundreds, nay, thousands Of mil
lions of dollars, or of landed estates, invov-
ing in its consequences the prolongation OF
war and the procrastination Of peace, involv-
ing the very fate of this Union and all the
immense interests inbound with it to the la
test generations, and about which the Presi-
dent was so anxious that he took the extra
ordinary trouble to send an admonitory mes.
sage to prevent his friends committing a
! fragrant breach of the Constitution, advis-
ing them that he would veto the measure
for its gross unconstitutionality; yet gen.
tlemen stand here, after the lapse Of year
or more, and by some "progressive philolo.
gy' undertake to convict and censure their
own Executive, overrule his matured iudg-
ment and oath, and by failing to give him
the required support on so momentous a
measure, become, by their own cogent logic,
traitors to the Government
Mr.. Broomal The Constitution, punish
ing treason, allows the alternative of fine
and Imprisonment to be imposed If, then,
the fine be levied upon the offenders land
and that land is sold, | want to know wheth.
er the purchaser would only take life estate
Mr.. Cox. Certainly, sir. Under an
honest and fearless judiciary, upholding the
Constitution as the supreme law, be would
only get life estate This may be an alb
surd conclusion; but | know that Judge
Story does not think it absurd, nor does the
history of these confscations show it to be
absurd. By no scheme or device can you
directly or indirectly forfeit the estate, ex.
cept in pursuance of the Constitution.
Mr.. Broomall If the same individual
should be indicted before some court fol-
stealing chickens, and fined ten dollars, and
his lands sold for that fine, could the estate
be sold in fee?
Mr.. Cox. If the gentlemen would get a
civil judgment, take out a fert fdcias, and
make levy, then [ suppose he could sell
the fee. But that question of stealing
chickens does not interest my constituents
laughter, at least those who are white.
Mr.. Orth. Before the gentleman from
Ohio takes his seat, would like to ask him
one or two questions and | have no doubt
he will answer them without hesitation. My
first question is, whether he is in favor et
Furnishing the traitors who have been guilty
of bringing on this rebellion?
Mr.. Cox. Yes, sir. l am in favor Of
furnishing traitors according to the Consti-
tuition, by trial, by conviction, and by all the
modes pointed out for the punishment Of
treason. 9F.u
Mr.. Orth. [ have no doubt of that. My
next question is, whether he is in favor Of
Furnishing traitors by the death penalty?
Mr.. Cox. Yes, sir; and almost every
day I have been voting money and men to
inhict that penalty.
Mr.. Orth. l would ask him whether ia.
king from innocent children the life of the
father who sustains them is not visiting the
sins of the parent on the children
Mr.. Cox. Yes, sir; that is one of the in
cidents which, perhaps, might have once