Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-02-19
CONFIsCATION OFRRBEL PROPERTY.
SPEECH
OF
HON. RUFUS P. SPALDING, OF
OHIO.
sPE ECH
DELIVERED IN THE HOUSE OF REPRESENTA-
TIvEs, JANUARY q, 1864.

The House having under consideration thu
Joint Resolution (No. 1S) to amend
Joint Resolution explanatory of Gan
act to suppress insurrection, to punish
treason and rebellion, to sieze and con-
hscste the property Of rebels, and for
other purposes" approved July l7tb,
1852
Mr.. Spalding Mr.. Speaker, it has oc-
CURED to me that very much Of the debate
on the question before the House would
have been more appropriate to the halls of
iudicature than to this hall of legislation;
and being thus impressed, I shall at some
convenients period, offer for adoption sn
amendment to the Joint Resolution report
edfrom the Committe on the Judiciary,
which now read for the information Of
members on both sides Of the House that
they may he prepared for it, shall move
to strike out all after the word Tread" in
the eigth line of the joint resolution, and
to insert the following:
"Nor shall any punishment or proceed.
ing under said act be so construed as to
work any forfeiture Of the resi- estate Of
the offender contrary to the provisions Of
the Constitution Of the United States"
Then take the provisO and 60 on with
it to the end. 1t will be perceived that
the object in introducing this amendment
will be to simplify the resolutisn and rem
der it more clear and distinct, and save
the scruples of the members Of the House
on the other side, who fear that the Con-
sEitr1tinr As 4LA r-;i.1 stptSs l. iH ush-
| ger of being violated.
\ - oo1y ID NJ q
terdsy very emphaticslly by the learned
gentleman from New Jersey, Mr.. Rogers,
| Why it was that The members on this side
Of the House could not be content with the
legislation of the last Congress on the
subject of confscstion2 A reply is fur
uished to our hand by the language of 8
distinguished colleague of my own, Mr..
Cox, who said that our legislation on this
subject was an utter failure" And 1t is
because we wish our legislation in respect
to rebel property to be 6 success that we
venture to offer an amendmentto to the joint
resolution.
In July, 1862, the Congress Of the Uni
ted States passed an set to suppress inenr-
rection, &o., the fifth section Of which
provides as follows;
"That to secure the speedy termination
Of the present rebellion, it shsn be the du-
ty of the President of the United States to
cause .he seizure of all the estate and
property, msney, stocks, credits, and eff
/ fects Of the persons hereinafter named in
this section, and to apply and use the
same, and the proceeds thereof, for the
support Of the Army Of the United
States"
Then follows the cause designating the
persons whose property should be thus
seized, consisting chiefly Of all the officers
of the army and navy of the rebel confed-
eraoy in arms against the Government of
the United States, and the principal civil
| officers of the so.cslled confederate States
Of America" This enactment did not at
first meet with the approval Of the Presi-
dent of the United States for reasons that
will soon be made apparent and oOnse
ouently the Joint resolution was adopted
explanatory of the act, the last clause Of
which reads IS follows;
"Nor shall suy punishment or proceed.
ings under said act be SO construed as to
work forfeiture of the real estate ST the
offender beyond his natural life"
Tho approval of the President Of the
enactment ana Of the Joint resolution took
place at one and the same time, Jaly IT,
1862. Concurrent with this approval, a
message was transmitted by To President
| to the Senate Of the United States, accom-
panied by EeFy singular document, yclept
a G Veto" which thus became in the appre
heusiou of his conservative friends on the
I other side of this House very important
estate paper
However much may esteem the char
aeter of cur worthy Chief Magistrate,
must be permitted to say thot this proceed
ing was net in good taste. The Presi.
dent in the exercise Of his perogative, has
just right to place his veto upon any
/ unwise legislation of Congress But this
power was piacad in his hands to check
improvssdent legislation, and not to intim-
idsta the members Of tne National Legis
lsture. Who thst is csnversant with the
passage of this joint resolution will hesi-
tsts to say that it was passed under du-
res5-"duress per 1liRas" as we lawyers
ssyf
Now sir, I VIII advert feE 9 moment to
some portions of this most extraordinary
State paper. On page 81 Of the Journal
/ Of the Senate for the second session of the
lsst Congress, 6nd tie following:
" Fsl1olO citizens of the Senate and House Of
Representations
Considering the act to suppress insur-
reotion, t6 puniah treason and rebellion, to
seize and confscate the property Of reb-
els, and for other purposes, and joint res
olutiou explanatory of said act as being
substantially one, have approved and
signed both. Before was informed of the
passage Of the resolution l had prepared
tbr draft Of message stating objections
to the bill becoming a law, a copy of which
draft is herewith transmitted.
ABRAHAM LINCOLN.
WASHINGTON, July II, 1862.
Then follows the veto drown up for the
purpose of being applied TO she bill before
it was approved with the joint resolution.
l inquire, "ctH bono" for what good end
was this supplemental message transmit
ted to the Tbirty-seventh Congress 1
honor the Chief Magistrate when he sends
his reasons for placing his negative upon
the legislation Of Congress, and honor
just as highly any member who sdheres
to his convictions Of right, irrespective Of
the veto to be placed upon bis act. Such
practices will not intimidste upright and
independent minds.
Bus the veto has thus unnecessarily been
made part of the records of the legisla-
ton Of Congress.
And on page 878, near the foot Of the
page read:
",Thst to which chiefly object pervsdes
mosl parts Of the sct but more distinctly
appears in the first, second, seventh and
eigth sections. 1t is the sum Of those pro-
rioinna ,rhich raanlta in thn dirnnirnnnf Of